Privacy Policy
3PEAK INCORPORATED and its subsidiaries (hereinafter referred to as "We", “Our” or“Company”) will collect, use, and transfer your personal information through our websites and other sites or locations that we operate (collectively the "Site"). We understand the importance of personal information to you. In order to effectively protect your personal information, we have formulated the Privacy Policy (hereinafter referred to as " Privacy Policy"or "Policy").
The laws and regulations applicable to this Policy include the "Cybersecurity Law of the People’s Republic of China ", "Data Security Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China" (hereinafter referred to as "PIPL") , "EU General Data Protection Regulation (REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016" (hereinafter referred to as "GDPR"), "California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020, and any regulations implementing the foregoing" (hereinafter referred to as “CCPA”).
This Policy was updated and became effective on【】, 2023, and became effective after your click on consent to this Policy. We reserve the right to amend this Policy and to update the latest version of the Privacy Policy in the Site from time to time, which will be effective as of the date that appears at the very beginning of this document in the section “Last Updated” . Please read and understand this Policy carefully before visiting this Site. If you do not agree with the Policy, you have the right not to provide your personal information through the Site, or contact us through the contact information listed in Article 10of this Policy, and we will provide corresponding explanations for your needs or questions.
1. Collection and Use of Your Personal Information
1.1 Information Collect
Personal information refers to all kinds of information related to identified or identifiable natural persons you share with us while browsing the Site and the information regarding how you use the Site excluding the anonymized information. When you visit our Site, we may collect and use the following information (hereinafter referred to as "Personal Information”), including but not limited to:
a. basic Personal Identity Information, including but not limited to name and last name, nationality, and other information you provide when you register with the Site;
b. contact Information, including but not limited to email address and telephone numbers;
c. usage Information, including but not limited to information about how you use our Site, products, and services;
d. marketing data, including but not limited to information related to your preferences for receiving communications, subscribing to our publications, newsletters, and other content, completing surveys, participating in market research, and entering a contest, sweepstakes, or game relating to the Services;
e. communications data, including but not limited to: information you provide when you send us an email, pitch, submit content or post a comment, request for information, or otherwise correspond with us;
f. technical Data, including but not limited to internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website;
g. profile Data, including but not limited to: your username and password, your interests, preferences, feedback and survey responses;
h. information from Third Parties. To help keep our data current and to provide you with the most relevant content and experiences, we may combine information provided by you with information from third-party sources, in accordance with applicable law. For example, the size, industry, and other information about the company you work for will be obtained from sources different including professional networking sites, business databases and registries, and other information we are able to obtain from our service providers. Our processing of personal data for these purposes includes both automated and manual (human) methods of processing; and
i. we may need to collect and use other relevant information about you in accordance with laws, regulations and policies, as well as the requirements of judicial institutions, regulatory bodies or government agencies (such as judicial investigations, epidemic prevention and control needs, etc.)
1.2 Purpose of Use Your Personal Information
We collect and use Personal Information for the following purposes:
a. providing products and services and customer support;
b. to fulfill contracts, such as processing your order, accepting your payment or refunding you;
c. to provide personalized services, develop new services and improve services in response to your interests, the way you use our services and the information you provide;
d. to ensure the security of the information on the Site and to improve the security monitoring and protection of our systems. As well as helping us confirm the authenticity of our customers and to prevent fraud;
e. to carry out statistical analysis and research on our customer data;
f. maintaining our brand image;
g. necessary to fulfill our statutory obligations; and
h. necessary to protect our legitimate interests and the public interest.
1.3 Consent Required
In principle, we will collect and use your Personal Information with your consent. When we want to use the above Personal Information for other purposes not stated in this Policy, we will ask for your consent in advance. However, in accordance with the PIPL and the GDPR, we do not need to obtain your authorization to collect and use your Personal Information under the following circumstances:
a. where it is necessary for the conclusion or performance of a contract between you and us (e.g. an employment contract), and necessary for the implementation of human resource management;
b. where it is necessary for us to perform statutory duties or statutory obligations ;
c. where it is necessary for the response to a public health emergency or for the protection of the life, health and property safety of a natural person in an emergency;
d. where such acts as news reporting and supervision by public opinions are carried out for the public interest, and the processing of Personal Information is within a reasonable scope;
e. where it is necessary to process the Personal Information disclosed by the individual concerned or other Personal Information that has been legally disclosed within a reasonable scope in accordance with the provisions of the relevant law; and
f. other cases that do not require your consent as stipulated in the current laws and regulations.
2、 Sharing, Transfer and Public Disclosure of Personal Information
2.1 Based on the purpose of the data processing set forth in this Policy, we will share your Personal Information with our affiliates.
2.2 In some cases, we may use or disclose your Personal Information to our distributors, agents, vendors, and service providers if we in good faith believe that such action is necessary. The purpose of the sharing of your Personal Information is to provide marketing, analytics and customer service to you by the aforementioned subjects. They are not allowed to use, sell, transfer or alter your Personal Information except as necessary to provide the services we request.
2.3 Subject to legal requirements, we may share your information as required by law or in the interest of protecting or exercising our or others' legal rights, e.g., without limitation, in connection with requests from law enforcement officials (such as supervisory authorities, investigative authorities or other governmental bodies) and in connection with court proceedings.
2.4 We may transfer, or otherwise share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of an bankruptcy, or receivership.
2.5 We may disclose your Personal Information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
2.6 Except for the foregoing, we will not share your Personal Information with any company, organization or individual, or transfer your Personal Information to any other company, organization or individual, nor will we publicly disclose your Personal Information beyond the mandatory requirements of laws, regulations and government authorities.
3、Cross-border Transfer of Personal Information
3.1 Currently, we will provide your Personal Information as stated in Article 1 of this Policy to our affiliates cross-border for the purposes of the company's use of the Systems, the overseas recipient may store, internally use and process your Personal Information. You may assert your rights against the overseas recipient through the contact information listed in Article 10 of this Policy.
4、Use of Cookies and Similar Technologies
4.1 Cookies are small files placed on your device (computer, tablet or smartphone). When you access a website, a cookie is placed on your device and it will send information to the party that placed the cookie. There are some default cookies used by the System. By continuing to use the System, you consent to the cookie settings.
4.2 For detailed information about cookie name, purpose and usage, please refer to: Cookies Policy
5、Protection of Your Personal Information
5.1 We have protected the Personal Information you provide to us from unauthorized access, public disclosure, use, modification, damage or loss by using security measures that comply with China and GDPR requirements related to cybersecurity and Personal Information security. For example, we will develop internal management systems and operating procedures; implement classification and management of Personal Information; use encryption, de-identification and other security technology measures; use trusted protection mechanisms to prevent malicious attacks on data; we will deploy access control mechanisms to reasonably determine the operating right of Personal Information processing, ensure that only authorized personnel can access your Personal Information, and provide regular security education and training to practitioners. We will develop and implement contingency plans for Personal Information security incidents. We will take all reasonable and feasible measures to protect your Personal Information. If we are involved in providing your Personal Information to a third-party, then we will ensure that the third-party fulfills the same protective measures as this Policy to protect your Personal Information.
5.2 We will take all reasonably practicable steps to ensure that no unrelated Personal Information is collected. We will retain Personal Information only for as long as necessary to fulfill the purposes described in this Policy, unless the retention period is extended in accordance with Article 7 of this Policy or is permitted by law.
5.3 The Internet is not an absolutely secure environment and we will endeavor to ensure or warrant the security of any information you send to us. If our physical, technical, or administrative protection facilities are damaged,resulting in unauthorized access, public disclosure, tampering or destruction of information, resulting in damage to your legitimate rights and interests or unfortunately after a Personal Information security incident, we will, in accordance with the requirements of Chinese laws and regulations and GDPR, CCPA, promptly inform you of: the type of information, the cause and the possible harm caused by the leakage, falsification or loss of Personal Information that has occurred or may occur;the remedial measures we have taken or will take, the suggestions you can independently prevent, reduce the risk and mitigate the harm, and the remedial measures for you, etc..
5.4 We will inform you in a timely manner by email, letter, telephone, etc. of the relevant circumstances of the incident, and when it is difficult to inform the subject of Personal Information one by one, we will take a reasonable and effective way to make an announcement. At the same time, if required by applicable laws or regulatory authorities, we will take the initiative to report the disposition of Personal Information security incidents to the regulatory authorities.
5.5 You shall set up and keep your account for and by yourself, therefore, it is suggested that you keep your account carefully. We will not be liable for any losses and consequences caused by your intended disclosure of your account
6、Your Rights
6.1 In accordance with Chinese laws and regulations, GDPR and CCPA-related laws, regulations and standards, we protect your right to exercise the following rights with respect to your Personal Information: You have the right to know, access, copy, correct, supplement, delete, restrict the processing, refuse to provide, request for clarification, request the portability of Personal Information or withdraw the relevant consent.
6.2 If you need to exercise any of the foregoing rights, you may contact us through the contact information described in Article 10 of this Policy.
6.3 To stop consenting to our collection and use of your Personal Information, e-mail us at legal@3peak.com.To opt-out of receiving further commercial emails or to unsubscribe from services, click the unsubscribe link that is included in the Sites
6.4 Under any of the following circumstances, we shall take the initiative to delete Personal Information. If we fail to delete such information, you are entitled to request the deletion of such information:
a. where the purpose of processing has been achieved, it is impossible to achieve such purpose, or it is no longer necessary to achieve such purpose;
b. where the storage period has expired;
c. where you withdraw your consent;
d. where we process your Personal Information in violation of laws, administrative regulations or the agreement; or
e. other circumstances stipulated by laws and administrative regulations.
6.5 Where the storage period as stipulated by laws and administrative regulations has not expire, or the deletion of your Personal Information is difficult to be realized technically, we shall only store your Personal Information and take the necessary safety protection measures, and shall not process your Personal Information in any other way.
6.6 You have the right to request an explanation of the rules governing the processing of Personal Information by contacting us as described in Article 10. Please note that the above actions you take with respect to Personal Information may result in our inability to continue to provide services to you.
6.7 If your request is unwarrantedly repetitive, requires excessive technical means, poses a risk to the legal rights of others, or is highly impractical, we may reject it.
6.8 We will not be able to respond to your request in the following cases:
a. where it is related to the fulfillment of the obligations of the Personal Information processor under laws and regulations;
b. where it is directly related to national security, national defense security
c. where it is directly related to public safety, public health, and significant public interests
d. where it is directly related to crime investigation, prosecution, trial and execution of judgments, etc.
e. where the Personal Information processorhas sufficient evidence of subjective malice or abuse of rights by the subject of Personal Information;
f. for the purpose of safeguarding the life, property and other significant legitimate rights and interests of the subject of Personal Information or other individuals but where it is difficult to obtain the subject’s consent;
g. where responding to the request of the Personal Information subject will result in serious damage to the legitimate rights and interests of the subject of Personal Information or other individuals or organizations; and
h. where commercial secrets are involved.
6.9 If the protection of the rights of the data subject differs from the provisions of this Policy according to the personal information protection laws of your country, please inform us through the contact information listed in Article 10, and we will take appropriate measures to protect your rights after the study and evaluation of Chinese laws, GDPR and technical measures.
7、Storage of Your Personal Information
7.1 We will store your Personal Information in the People's Republic of China, except in the case of cross-border transfer stated in Article 3 of this Policy. We will only store your personal information for the minimum period necessary to achieve the purposes stated in this Policy, unless otherwise required by laws or administrative regulations. In determining the aforesaid periods, we mainly refer to the longer of the following criteria:
a. the need to respond to any enquiries, complaints or legal proceedings initiated by you;
b. you agree to a longer retention period; or
c. whether there is any other special agreement on the retention period.
7.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
7.3 After your Personal Information has been stored for the period of time necessary for the purposes described in this Policy, we will irretrievably delete or anonymize your Personal Information as required by applicable laws, unless otherwise required by laws or regulations or you otherwise agree to our extended retention period.
8、Update of This Policy
8.1 We may update this Policy from time to time. We will not reduce your rights under this Policy without your express consent.
8.2 Changes within the meaning of this Policy include, but are not limited to：
a. changes to our Privacy Policy. For example, the purposes for which Personal Information is processed, the types of Personal Information processed, and the manner in which Personal Information is used.
b. changes in your rights to participate in the processing of Personal Information and how they are exercised.
c. when there is a change in our contact information and complaint channels responsible for processing the security of Personal Information.
9、Protection of Children
9.1 The Site is intended for adults. We do not intentionally or knowingly collect, personal data from children under the age of 13 and we request that individuals under the age of 13 not submit any Personal Information on the Site. If you – as a person with parental responsibility over the child – notice that your child has provided us with personal data without your approval (for instance by submitting an incorrect age), you may contact us at legal@3peak.com.
9.2 If we find out that we process personal data of a minor without approval of the person holding parental responsibility over the minor concerned, we will immediately remove the personal data.
10、Our Contact Information
10.1 If you wish to exercise your individual rights of data subjects under Article 6 of this Policy, or have any questions, comments or suggestions regarding this Policy, please contact us at legal@3peak.com; or you may contact our Data Protection Officer at legal@3peak.com.
10.2 In general, we will reply within fifteen working days if no shorter period is provided by law.
10.3 (Please check if you agree) For the purposes of processing your Personal Information as set out in Article 2 of the Privay Policy, you hereby authorize us to provide your Personal Information to the Personal Information processors described in Article 2 of the Policy.
10.4 (Please check if you agree) For the purposes of processing your Personal Information as set out in Article 3 of the Privacy Policy, you hereby authorize us to provide your personal information across borders.
