Privacy Policy

This Privacy Policy is effective as of [Last Updated: 16 September 2024].

Introduction and Purpose

This Privacy Policy ("Policy") is designed to inform you about the types of personal information that Peak Sleep, LLC (“Coach”) ("we," "us," or "our") collects, uses, and discloses in connection with the services ("Services") provided to Client ("you" or "your"). This Policy applies to all personal information collected by us, both online and offline, as well as any electronic, written, or oral communications.

The purpose of this Policy is to ensure that we handle your personal information with respect and in accordance with applicable California privacy laws and regulations. By accessing or using our Services, you agree to the terms of this Policy.

Definitions

For the purposes of this Privacy Policy (the "Policy"), the following terms shall have the meanings ascribed to them below:

  • "Policy" refers to this Privacy Policy.
  • "Coach" means Peak Sleep, LLC, the entity providing services under the agreement between the Coach and the Client.
  • "Client" means the recipient of the services provided by the Coach.
  • "Personal Information" means any information that relates to an identified or identifiable individual, which may include, but is not limited to, name, address, email address, phone number, and other information that is defined as personal or personally identifiable information under applicable California law.
  • "Processing" means any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

Nature of Services Provided

The services provided by the Coach to the Client under this Policy are non-medical, coaching/consultation services focused on improving sleep. These services are designed to provide guidance and support in the area of sleep improvement and are not to be considered as healthcare or clinical services. The Coach does not offer medical advice, diagnosis, or treatment. The Client acknowledges that the services received from the Coach are not a substitute for professional medical advice, diagnosis, or treatment and that it is the Client's responsibility to seek the advice of a physician or other qualified health provider with any questions they may have regarding a medical condition.

Provider Qualifications

In accordance with the terms set forth in the Policy, the Coach represents that they are a licensed psychologist and board certified in behavioral sleep medicine. It is important for the Client to understand that, despite these qualifications, the services provided under this Policy are offered solely in the capacity of a coach or consultant. The Coach is not providing services as a licensed psychologist through this engagement. This distinction is made to clarify the nature of the service relationship and to ensure that the Client's expectations align with the services being offered.

Client Acknowledgement

The Client acknowledges and agrees that the services provided by the Coach under this Policy are not healthcare or clinical services and do not constitute medical advice or treatment. The Client understands that the Coach is not a licensed healthcare provider, and the services offered do not replace the need for services provided by a licensed healthcare professional. It is the Client's responsibility to seek appropriate medical advice and treatment from a licensed healthcare provider as needed.

Personal Information

We collect personal information that you provide directly to us, including:

  1. a) Contact information (e.g., name, email address, phone number)
  2. b) Demographic information
  3. c) Sleep-related information provided during assessments and coaching sessions
  4. d) Payment information

 

Automatically Collected Information

We automatically collect certain information when you visit our website, including:

  1. a) IP address
  2. b) Browser type and version
  3. c) Operating system
  4. d) Referring website
  5. e) Pages viewed and time spent on our website
  6. f) Other standard web log information

 

Use of Personal Information

We use the collected personal information for the following purposes:

  1. a) Providing and improving our sleep coaching services
  2. b) Communicating with clients about their services and accounts
  3. c) Processing payments
  4. d) Sending promotional materials (with consent)
  5. e) Analyzing and improving our website and services
  6. f) Complying with legal obligations

 

Disclosure of Personal Information

 

We may disclose your personal information in the following circumstances:

  1. a) To service providers who assist in our operations
  2. b) To comply with legal obligations
  3. c) To protect our rights, privacy, safety, or property
  4. d) In connection with a business transfer or reorganization

 

We do not sell personal information to third parties.

 

Data Security

 

We implement reasonable security measures to protect personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure.

 

Email Addresses

In the course of providing Services under this Coach may collect and use your email address for the purposes of account management, delivering notifications and updates related to the Services, and, where permitted by applicable law and with your consent, for sending newsletters, offers, and promotional material related to our Services. The Coach commits to processing your email address with the utmost respect for your privacy, ensuring that it is stored securely and is not disclosed to any third parties without your explicit consent, except as required by law or as necessary for the provision of the Services as detailed in this Policy. Users will have the opportunity to opt-out of marketing communications at any time through the unsubscribe link provided in such communications.

Cookies

This Policy also addresses the use of cookies by the Coach. Cookies are small data files placed on your device that help to improve your experience when using our Services. We utilize both session cookies, which expire once you close your browser, and persistent cookies, which remain on your device for a set period of time or until you delete them. The purposes of using cookies include enhancing the functionality of our Services, facilitating more personalized interactions with our Services, and collecting analytics data to improve our Service offerings. Users have the option to manage or disable cookies through their browser settings, though certain features of the Services may not function as intended without the aid of cookies.

Third-Party Links

Our Services may include links to websites and services that are owned and operated by third parties. It is important to note that these third-party sites have their own privacy policies and practices, which may differ from those of the Coach. We do not accept any responsibility or liability for the privacy practices of such third-party sites and encourage our users to review the privacy policies of any third-party site they choose to visit to understand how their personal information may be collected, used, and shared.

In compliance with the California Consumer Privacy Act (CCPA), Coach hereby informs you that we collect, use, and share personal information as described in this Privacy Policy. California residents have the right to access the personal information we have collected and to request that we delete any personal information about them. Furthermore, residents have the right to not be discriminated against for exercising their privacy rights under the CCPA. For requests or inquiries regarding the CCPA, please contact us as outlined in the "Contact Us" section of this Policy.

Children's Privacy

Our services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child without parental consent, we will take steps to remove that information.

Confidentiality

The Coach and the Client (collectively referred to as the "Parties") recognize the importance of protecting all confidential information that they may share with each other in the course of using the Policy. For the purposes of this Policy, "Confidential Information" shall include but is not limited to Personal Information, trade secrets, proprietary information, and any other data that either Party considers confidential.

Both Parties agree to:

  1. Keep all Confidential Information in strict confidence and to use it solely for the purposes of fulfilling their obligations under this Policy;
  2. Not disclose Confidential Information to any third parties, except as required by law or as mutually agreed upon in writing;
  3. Take all reasonable measures to protect the confidentiality of the Confidential Information, which shall not be less than those measures each Party uses to protect its own confidential information;
  4. Ensure that any employees, agents, or subcontractors who are permitted access to Confidential Information are bound by confidentiality obligations that are at least as restrictive as those contained in this Policy;
  5. Immediately notify the other Party upon discovery of any unauthorized use or disclosure of Confidential Information and to cooperate in every reasonable way to regain possession of the Confidential Information and prevent its further unauthorized use.

Confidential Information does not include information that:

  • Is or becomes publicly known through no breach of this clause by the receiving Party;
  • Is received from a third party without breach of any obligation of confidentiality;
  • Is independently developed by the receiving Party without use of or reference to the disclosing Party's Confidential Information; or
  • Is required to be disclosed by law, provided that the disclosing Party gives the receiving Party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

Limitation of Liability

In no event shall the Coach, its officers, directors, employees, or agents, be liable to the Client or any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

  • Errors, mistakes, or inaccuracies of content,
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
  • Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  • Any interruption or cessation of transmission to or from our services,
  • Any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party, and/or
  • Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

This limitation of liability section shall survive the termination of this Policy.

Disclaimer of Warranties

THE COACH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COACH DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM THE COACH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COACH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS POLICY.

Termination

This Privacy Policy may be terminated by either the Coach or the Client at any time upon written notice to the other party if there is a material breach of any provision of this Policy that is not cured within thirty (30) days after written notice of such breach. In the event of termination, the Coach shall cease Processing any Personal Information of the Client's customers or clients unless otherwise agreed in writing.

Upon termination of this Policy, the Coach must, at the Client's option, either return or destroy all Personal Information received from the Client in the course of providing services under this Policy, unless there is a legal obligation to retain the Personal Information. The Coach must also delete all copies of such information in their possession or control, except to the extent that retention of such copies is required by applicable law or regulation.

The obligations to protect Confidential Information shall survive the termination of this Policy for a period of five (5) years. During this period, the Coach shall continue to ensure that all Confidential Information is protected in accordance with the provisions of this Policy and applicable law.

Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. By using the services provided by the Coach, you agree to the exclusive jurisdiction of the courts of California for any dispute arising out of or in connection with this Policy. Notwithstanding the foregoing, the Coach reserves the right to seek and obtain injunctive relief in any jurisdiction in relation to breaches of the Confidential Information provisions of this Policy.

Contact Us

For any questions, requests, or concerns regarding this Privacy Policy or our handling of personal information, please contact us via email at [email protected] or by mail at:

Peak Sleep, LLC

Attention: Privacy Compliance Officer

3400 Cottage Way, Ste G2 #8667

Sacramento, CA 95825

USA

 

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. We encourage you to review this Privacy Policy periodically.