Last Modified: September 21, 2021
If you have any questions about the Policy or wish to contact us, we can be reached via any of the following:
825 E. Market Street, Suite 203
Louisville, KY 40206, USA
WHAT INFORMATION DO WE COLLECT?
We value your trust and strive to safeguard any personally identifiable information (“PII”) that you may share with us. PII is information that can be used on its own or with other information to identify, contact, or locate an individual. PII collected may include:
Privacy of Children
We do not intentionally collect personally identifiable information from users of this site who are under the age of thirteen without parental consent. If we become aware that a user of the site is under the age of 13 we will remove that child’s personal information from our files, in accordance with the federal Children’s Online Privacy Protection Act of 1998.
California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer Information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2019 will receive information regarding 2018 sharing activities). To obtain this information from us, please contact us at the following email address: email@example.com and write “Request for California Privacy Information” for the subject of your message. We will send you a reply e-mail containing the requested information once we confirm your request. Not all information sharing is covered by the “Shine the Light” requirements and only that information which is covered will be included in our response.
Usage, viewing, logs, metrics and other device and technical data may be collected when you visit our Website or the App, utilize our Services as an end user, or open or reply to emails we send. Usage information could include the time, date, and duration of your use of our Services; your interaction with content offered through the Services, and any referring websites. Device information may include information such as your web request, Internet Protocol (“IP”) address, device identifiers, device information (such as type and model, operating system type, browser type, language, and settings), mobile ad identifiers, cookie IDs, referring / exit pages and URLs, interaction information (such as clickstream data), domain names, pages viewed, software crash data, and other similar technical data. Our servers may automatically keep an activity log of your use of the Services.
Information collected from third party or public or commercially-available sources or that we receive from companies that partner with us to provide products and Services may be collected. This may include information we receive from our advertising and market research partners, who may provide us with information about your interest in and engagement with our online advertisements. When you interact with our Social Media, we may collect the personal information that you make available to us on that page or account, including your social media account ID. We will comply with the privacy policies of the social media platform and we will only collect and store such personal information that we are permitted to collect by those social media platforms. With your consent, we also may share information about your activities, including what you view on our websites, with that social network’s users.
We may utilize your location information when you use our Services, such as by visiting the Website or App, or including location information in your account, or provided by a mobile device interacting with one of our sites or applications or associated with your IP address. Advertisements and content may be directed at you based on this data. Other information about you, our device, or your use of the Services in ways that we describe to you when collecting the information or otherwise with your consent. You may choose not to provide us with certain types of information, but doing so may affect the quality in using the Services. We may also collect non-personally identifiable information and use this together with personal information to create aggregate information.
We may use the information from one aspect of the Services for other aspects of Services and we may combine information gathered from multiple aspects of the Services into a single user record. We also may use or combine information that we collect offline or we collect or receive from third-party sources for many reasons, including to enhance, expand, and check the accuracy of our records. Additionally, data collected from a particular computer, browser or device may be used with another computer, browser or device that is linked to the computer, browser or device on which such data was collected. We also use anonymous information, such as usage data and aggregated data, for other lawful purposes, such as to create content that others may find useful.
HOW DO WE COLLECT THIS INFORMATION?
This PII may be submitted by you directly through our Website, by mail, by email, through connected device, connected accounts, by contacting us, or using certain Website features. We also may gather information from you, including PII, from other third-party sources, which may be added to the information received directly from the website. This information may include usage details, device information, stored information and files (metadata), and location information.
We are the sole owner of the information collected on this Website. We collect information from our visitors in a number of different ways, as detailed below. The information we collect depends on what you do when you visit our Website.
You may provide information through optional and voluntary submissions. These include enabling connected devices, enrolling your account in our services, signing up for emails, completing forms, and other such means. The information we collect depends on what you do when you visit our Website.
Log Files and Analytical Information
For each visitor to our Website, we may automatically gather certain information and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may collect and store this information on an individual basis and in aggregate, or combined, form. We may also collect both user-specific and aggregate information on what pages visitors may access or visit. We use this information to analyze trends, to administer the site, to track users’ movements around the site, and to gather demographic information about our user base as a whole. We also use this information to improve the content of our web pages, and to customize the content and layout of our pages. All of this is done with the intention of making our Site more useful to visitors.
Web beacons (also called “web tags” or “pixels”) are tiny graphics or scripts that communicate information from your device to a server. Beacons can be embedded in online or mobile content, videos, advertisements, or emails. They allow a server to read certain types of information from your device, such as when you viewed the beacon (and thus the content in which it is embedded) and the IP address of the device on which you viewed the beacon. We and third parties use beacons for a variety of purposes, including to analyze the use of our Services and (in conjunction with cookies) to provide content and ads that are more relevant to you.
SDKs are third-party computer code that we may incorporate into our mobile applications that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.
HOW COULD YOUR INFORMATION BE USED?
We will use information in connection with the purpose for which you provided it (e.g., to contact you with a response to a request for information and/or to provide services). We will communicate with you by email or telephone, in accordance with your wishes.
We may also use your PII to send you information on utility usage, account information, changes to your account or bill, or for other purposes. The means by which Virtual Peaker will contact you with this information will depend on the type of PII you have provided. For example, if you provide us with your email address, you may receive periodic emails from us. If you have agreed to receive SMS messages and have provided your phone number, you may receive periodic text messages from us.
We may also use your information to comply with any court order, law or legal process, including to respond to any government or regulatory request; or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Virtual Peaker or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and individual well-being and safety.
You may opt out of having your information shared with entities working on our behalf, as discussed below. Although you can opt out of promotional messages, we reserve the right to send you informational email messages about any administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
If you do not wish to receive promotional information from us, you may opt out of receiving such communications.
Correcting and Updating Account Information.
By logging into your account or using our Services, you may be able to change certain account information. Your account settings may also permit you to opt-out of some types of notification messages. To protect your privacy and security, we require your username and password in order to verify your identity before granting account access or making changes.
Turning Off Cookies.
Most web browsers automatically accept cookies, but also usually allow you to modify your settings to disable or reject cookies, including cookies for interest-based advertising. If you delete your cookies or if you set your web browser to decline cookies, however, some features of the Services may not work or may not work as designed. You can usually find these settings in the Options or Preferences menu of your browser; links to instructions provided by several of the most common browsers are below. You can also learn more at www.allaboutcookies.org.
Opting Out of Targeted Advertising.
Many of the third party advertisers that use tracking or targeting tools in connection with our Services either directly, or are members of programs that, offer you additional choices regarding the collection and use of your information. You can learn more about the options available to limit these participating third parties’ collection and use of your information by visiting their websites:
Opt Out of Interest Based Advertising (National Advertising Initiative)
Your Ad Choices (Digital Advertising Alliance)
Your Online Choices (European Interactive Digital Advertising Alliance)
Users of our mobile apps may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices.
Blocking Advertising ID Use in your Mobile Settings.
Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
Mobile App Tracking Opt Out Tools.
You can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:
Social Media Settings.
If you interact with any Virtual Peaker page or account on a social media platform, you may have the ability to limit the information that we may obtain from the social media platform by controlling your settings for the particular platform. For example, you may access and change your settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from a social media platform, that choice will not apply to information that we have already received from that platform.
Using Privacy Plug-ins or Browsers.
You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
Do Not Track.
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. We currently do not respond to “Do Not Track” or similar signals. For information about Do Not Track, visit www.allaboutdnt.org.
Use of Personally-Identifying Information By Third Parties
As a general rule, Virtual Peaker will not disclose any of your information to anyone other than your utility company, except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it, or under the circumstances described below. We do not rent or sell email addresses to third parties or otherwise share any non-anonymized personally-identifying information we collect, with any third parties except as set forth below.
We reserve the right to transfer personally-identifying information to a third party in conjunction with the sale or similar transfer of Virtual Peaker and/or its assets. We reserve the right to transfer personally-identifying information to a third party as required by law or when we believe that disclosure is necessary to protect our rights, to comply with a court order or other legal process, and otherwise to cooperate with authorities in connection with investigations of crimes or other wrongdoing.
When we do share personally-identifying information with an entity working on our behalf, we will employ commercially-appropriate procedures to help ensure that the disclosed information is used only for authorized purposes by authorized persons, and that safeguards are in place to help maintain the security, integrity and privacy of the information.
You may opt-out of having your information shared with entities working on our behalf, as discussed below. Although you can opt-out of promotional messages, we reserve the right to send you informational email messages about any administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
From time to time, this Website may link you to other sites (“Linked Sites”) that are not owned by Virtual Peaker. We do not control the collection or use of any information, including personally-identifying information, which occurs during your visit to the Linked Sites. Further, we make no representations about the privacy policies or practices of the Linked Sites, and Virtual Peaker is not responsible for the privacy practices of these Linked Sites.
Be careful of disclosing any of your personally identifiable information when leaving our Website. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personally identifiable information.
We comply with Internal Revenue Service, state, and local laws and regulations and our internal policies governing the retention, management, and destruction of PII collected and maintained by Virtual Peaker. These records are kept for a period of ten (10) years and then are destroyed.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
You can review and request changes to the personal information that Virtual Peaker has collected about you by contacting us as described in the “Contact Us” section above. However, please be aware that we may not accommodate a change request that would impact record retention or other operational requirements like remembering email opt-out preferences, violate any law or legal requirement, or cause the information to be incorrect. California residents may have additional personal information rights and choices.
Please remember that the trademarks, service marks, graphics, text, and other properties appearing within this web site are the property of Virtual Peaker and its partner agencies. Information provided for downloading by visitors to our Website may be used for personal or non-commercial use only. Otherwise, properties may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written consent of Virtual Peaker. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
We encourage you to share your comments and questions with us. However, please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between your ideas and future products or programs. This means that we have no obligation to treat your idea submissions confidentially and that we can use them without paying you for them. Any and all idea submissions will be owned by the Virtual Peaker exclusively and may be used for any purpose, now or in the future.
General Use and Site License
This Site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site. Any use of this Site by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Site and/or any affiliated services.
We grant you a limited, nonexclusive and revocable license to make use of the Site, including on any mobile devices you may own. You may view, copy, download or print materials from this Site for your own internal use. In this context, “internal use” does not include posting, uploading or otherwise publishing the materials to any other site absent our express written permission. This license does not include any rights not specifically enumerated herein. You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein.
This license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of Virtual Peaker and its affiliates, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of its contents; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (d) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (f) to violate or attempt to violate the security of the Site, (g) to interfere with or attempt to interfere with the proper working of the Site; (h) to alter or modify, or attempt to modify, any part of the Site; (i) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on the Site to feed any downstream product, application or website.
You agree not to use the Site for any purpose that is unlawful or prohibited by this Policy or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of Virtual Peaker or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
You acknowledge that your use of this Site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site. Following termination of this license, the terms of this Policy shall still apply to the extent practicable.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
Virtual Peaker provides this Site and the associated goods and services in connection with one or more affiliated companies and third-party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Virtual Peaker, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY VIRTUAL PEAKER ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIRTUAL PEAKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VIRTUAL PEAKER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, VIRTUAL PEAKER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. VIRTUAL PEAKER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. VIRTUAL PEAKER DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, VIRTUAL PEAKER IS NOT RESPONSIBLE FOR THOSE COSTS.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. VIRTUAL PEAKER DOES NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF VIRTUAL PEAKER ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS, NOR THAT ALL COMMUNICATIONS WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
VIRTUAL PEAKER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF VIRTUAL PEAKER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, VIRTUAL PEAKER WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON VIRTUAL PEAKER COMPUTERS AND/OR SERVERS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless Virtual Peaker, its subsidiaries, agents, volunteers, and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Site and the services provided in connection with the Site, or your breach of any provision of this Policy or any warranty provided hereunder.
You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Policy, or you have any other dispute or claim with or against Virtual Peaker with respect to this Policy or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.
This Policy shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Virtual Peaker. If any provision of this Policy is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Policy shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Policy. Virtual Peaker’s failure to act with respect to a breach of this Policy by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Policy.
If you believe that our Website is not following our stated information policy, you may contact us at the above address, or state or local chapters of the Better Business Bureau.
BY USING OUR WEBSITE, YOU CONSENT TO THE COLLECTION AND USE OF THIS INFORMATION BY VIRTUAL PEAKER. If we decide to change the Policy, we will post those changes on this page so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it.