Privacy Policy

In this Privacy Policy, references to “we”, “our”, and “us” are references to the Peak Rise, osoba rizikového kapitálu s.r.o. (hereinafter referred as to “Peak Rise”), and references to “you”, “your”, and “yours” are references to the users of this Website.

1. General principles

1. This Privacy Policy sets out the principles and procedures according to which Peak Rise processes the personal data of its Users.
2. This Privacy Policy applies to all Peak Rise Users who purchase services provided by Peak Rise Companies and/or who visit the websites of Peak Rise Companies, i.e., by entering into a business relationship with Peak Rise or by expressing a wish to enter into a business relationship or by visiting Peak Rise websites, the User consents to the Processing of its User Data in accordance with the procedures set out in this Privacy Policy. In the event that an Peak Rise subsidiary is located outside of the Czech Republic and there is a conflict between this procedure and the law of the respective country, the law of the respective country of location applies.
3. Peak Rise implements appropriate organisational, physical and information technology security measures to ensure the protection of User Data from improper Processing, disclosure or storage.
4. Peak Rise only allows access to the User Data to appropriately trained employees and processors and requires them to comply with appropriate confidentiality and security measures. An employee is entitled to process the User Data only to the extent necessary for the performance of their assigned tasks.
5. Peak Rise and its employees will keep the User Data confidential and will be liable for any breach of this obligation.
6. Peak Rise reserves the right to amend and supplement this Privacy Policy at any time. The current and relevant Privacy Policy is always available on Peak Rise websites.

2. Definitions

For the purposes of this Privacy Policy, capitalized terms have the following meanings:

AML Act

Act No. 253/2008 Sb. of 5 June 2008 on the Selected Measures against Legitimization of Proceeds of Crime and Financing of Terrorism (Czech Republic).

Data Protection

Regulation is Regulation (EU) 2016/679 of the European Parliament and of the Council.

International Sanctions Act

Act No. 69/2006 Sb. on the Implementation of International Sanctions (Czech Republic).

Peak Rise

Means Peak Rise, osoba rizikového kapitálu s.r.o. and other legal persons managed by Peak Rise, osoba rizikového kapitálu s.r.o., in which Peak Rise, osoba rizikového kapitálu s.r.o. directly owns more than 50% of the shares or interests of the respective legal person or over which Peak Rise, osoba rizikového kapitálu s.r.o. otherwise has control.

Privacy Policy

This policy which sets out the principles and procedures under which Peak Rise processes User Data.

Processing

Means any operation that is performed with the User Data, including the collection, storage, retention, organization, use and transfer of User Data.

User

A natural or legal person who has expressed a wish to enter into any business transaction with Peak Rise or use a Peak Rise service, or who uses or has used a Peak Rise service or who is otherwise connected to a service provided by Peak Rise or who visits the Peak Rise websites.

User Data

Means any information about the User that is in the possession of Peak Rise (including the personal data, contact details, transaction data, etc. of the User and the User’s representatives), as well as information collected from public databases and public channels and information lawfully obtained from third parties (e.g., registers, the User’s business partners).

3. Types of User Data, purposes of Processing and legal basis for Processing

1. Peak Rise collects User Data from the User as well as from third parties (including public and private registries and, with the User’s consent, e.g., from the User’s business partners and other persons) when the User uses, has used or intends to use Peak Rise’s services or visits Peak Rise websites.
2. Peak Ruse uses the User Data for the performance of all its obligations for the creation of business relationships, including the preparation of contracts/agreements, management of contractual relations and debts, and the performance of legal obligations, in the legitimate interests of Peak Rise, subject to the requirements of the Data Protection Regulation, the Personal Data Protection Act, other relevant legislation and this Privacy Policy. The terms and conditions of the Processing of personal data may also be described in contracts and other documents.
3. For the Processing of User Data based on the User’s consent, Peak Rise will ask for consent on the relevant application or request, and will allow the User to give their consent.
4. The types of User Data processed are primarily (but not limited to) the following:
   1. personal data, including name, personal identification code, date of birth, place of birth, nationality, identity document details, residence, language of communication, field of activity, place of work, profession, education, marital status, dependants;
   2. contact details, including address, telephone number, e-mail address;
   3. financial data, including income, liabilities, past payment history, assets, debts, including data from payment default registers, current account details and transactions on the current account, pension register details;
   4. data relating to securities, including ISIN numbers, number of shares or units, securities transactions, securities orders, securities information, value of transactions, quantity, volume, LEI code, suspicious transactions;
   5. tax residence details, including country of residence, tax identification number;
   6. origin of assets, including beneficial ownership, details of the User’s counterparties and business activities;
   7. data relating to transactions and contracts, including data relating to contracts concluded, amended or terminated, performance of contracts with the User and data relating to breaches;
   8. data on User behavior and satisfaction, including inquiries and complaints made, services used, responses to surveys;
   9. data relating to participation in consumer games and promotions, including data on prizes won in consumer games and on participation in promotions;
   10. data relating to reliability, including payment history, data related to money laundering, terrorist financing, organized crime or proliferation financing;
   11. data related to User communication, including communication-related data pertaining to visits to Peak Rise websites and other Peak Rise communication channels (telephone, email, messaging, social media, etc.), visual and/or audio recordings collected when the User visits Peak Rise’s offices or other places where Peak Rise offers its services;
   12. details of the insured event, including the description, time and place of the event, cause of damage, persons who sustained damage, photos and documents of the damaged object;
   13. data obtained in the course of carrying out a legal obligation, including data resulting from inquiries by investigative bodies, notaries, tax authorities, bailiffs and courts, and from claims by bailiffs.
5. Peak Rise processes User Data for the following purposes and on the following bases:
   1. Establishing business relationships and communicating with the User, identification purposes, identifying the beneficial owner, applying the ‘know your customer’ principles (basis: contract/agreement or performance of legal obligation);
   2. User profiling, the assessment of certain personal characteristics of a User in order to analyze, e.g., the User’s economic situation, preferences, interests. Peak Rise uses profiling, e.g., for risk assessment, legal compliance, due diligence, compliance with requirements of anti-money laundering and combating the financing of terrorism and proliferation financing, suitability and appropriateness assessment, probability of insolvency assessment, direct marketing (basis: Peak Rise’s legitimate interest, the performance of legal obligations, or the User consent).
   3. Provision of services of an asset management company, including risk mitigation and risk management (basis: contract/agreement or performance of a legal obligation or legitimate interest of Peak Rise);
   4. Assessment of the User’s solvency (basis: contract/agreement or performance of legal obligation);
   5. Conclusion and performance of a contract/agreement to be concluded or already concluded with the User (basis: contract/agreement, performance of legal obligation or legitimate interest of Peak Rise);
   6. Responding to the User inquiries and applications (basis: contract/agreement, performance of legal obligation or legitimate interest of Peak Rise);
   7. Analysis of User relations, correction and updating of User data; compilation of statistics (basis: contract/agreement, performance of legal obligation or legitimate interest of Peak Rise);
   8. Provision of services, marketing (including direct marketing via the website contact form) and development of services (basis: performance of legal obligation or Peak Rise’s legitimate interest or the User’s consent). User Data collected through the website contact form for marketing purposes will be used to contact the User for marketing purposes, if, based on previous contact by Peak Rise, the User showed interest in the respective offer and has not expressed dissatisfaction or objection to such contact. The User has the right at any time to prohibit the processing of their data for direct marketing purposes, as well as to refuse advertisements and offers by informing Peak Rise thereof. Information about the possibility to opt out of advertising and offers is also included with the respective offer or advertisement. At that, general and/or introductory or additional information about Peak Rise’s services, or information about changes to the (contractual) terms and conditions, or information related to the performance of the contract concluded with the User (e.g., notifications about arrears, termination of the contract/agreement, etc.) is not considered marketing. The User cannot generally refuse to receive such information;
   9. Use and improvement of Peak Rise’s websites, including website traffic statistics using Cloudflare analytics with the aim of improving user experience on the website (basis: Peak Rise’s legitimate interest, the performance of legal obligations, or the User consent);
   10. Carrying out prize draws and surveys (basis: Peak Rise’s legitimate interest or the User consent);
   11. Protection of persons and property (basis: contract/agreement, performance of legal obligation or legitimate interest of Peak Rise);
   12. Debt management and claims handling (basis: contract/agreement, performance of legal obligation or legitimate interest of Peak Rise);
   13. Use of cookies and related data Processing in accordance with clause 4 of this Privacy Policy.
   14. Performance of legal obligations, including obligations under the AML Act and International Sanctions Act, transaction monitoring, suitability assessment (basis: performance of legal obligation).

4. Use of cookies

1. Peak Rise websites use cookies.
2. Like most online services, Peak Rise websites use first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function properly, and they do not collect any of your personally identifiable data. The third-party cookies used on Peak Rise websites are mainly for understanding how the websites perform and how Users interact with them, keeping Peak Rise services secure, providing Users with a better user experience, and helping speed up future interactions with Peak Rise websites.
3. Types of cookies Peak Rise uses:
   1. Essential or strictly necessary cookies, which are required to enable the basic features of the Peak Rise websites, such as providing secure login or adjusting User consent preferences. These cookies do not store any personally identifiable data.
   2. Analytics cookies (only integrated into Cloudflare) which are used to understand how visitors interact with the Peak Rise websites. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic sources, etc.
4. The User can change the cookie preferences. Different browsers offer different methods for blocking and deleting cookies used by websites. The User can change the browser settings to block or delete cookies.
5. In an online world filled with intrusive ads and tracking scripts, Peak Rise stands for a safer, more secure web experience for all its Users. Peak Rise prioritizes and respects User’s privacy:
   1. Peak Rise does not use any tracking scripts in the User’s browser.
   2. Peak Rise does not collect, use, or share any personal data.
   3. Peak Rise does not monitor Users’ internet activity when browsing Peak Rise websites. More details on the Cookie Policy.

5. Transmission of User Data

1. Peak Rise discloses and/or transmits User Data:
   1. To entities belonging to the same group as Peak Rise or that are under its control or management, including subsidiaries of such entities, in order to:
      1. comply with the requirements necessary for risk management and mitigation and other statutory requirements, including due diligence measures provided for in the AML Act and International Sanctions Act;
      2. enter into and perform contracts/agreements;
      3. prepare reports and conduct statistical research and analysis on User groups, market shares of the service and other financial indicators; or to design and develop Peak Rise information systems. Data is transferred either to comply with a legal obligation (e.g., risk management, identification), for a legitimate interest (e.g., updating User Data), or with the User’s consent.
   2. To service providers (including but not limited to those mentioned in Cookie Policy) to whom Peak Rise has subcontracted its activities (e.g., administrative service providers, internal/external audit service providers, marketing service providers, server and cloud service providers, email service providers, monitoring service providers, e-invoicing partners, insurance and claims handling partners, archive service providers, debt collection partners). In such cases, the partners act as Peak Rise’s processors and have no separate right or legal basis to process User Data. All Processing of User Data is carried out on behalf of and under the responsibility of Peak Rise.
   3. To persons and organizations involved in the provision of services and the performance of contracts/agreements with Users (e.g., lenders, guarantors, security holders, and credit institutions). Data is transferred for the purpose of performance of a contract/agreement concluded with the User, for the transfer of a contract/agreement concluded with the User or for the assignment of contractual claims or in case of breach of contract/agreement by the User; as well as on the basis of a legitimate interest of Peak Rise or a third party. These persons process User Data in accordance with their own rules and under their own responsibility.
   4. To Peak Rise consultants or other service providers (e.g., auditors, legal advisors). User Data is transferred to provide services, including representing Peak Rise in litigation, providing legal advice, and auditing. The legal basis for the transfer of data is Peak Rise’s legitimate interest.
   5. To persons keeping registers (e.g., civil registers, business registers, credit registers, payment default registers). Data is transmitted, and inquiries are made on the basis of legislation or a contract/agreement concluded with the User in order to ensure and verify the accuracy and integrity of the User Data or the implementation of pre-contractual measures or the performance of a contract concluded with the User and the updating of data; as well as to enable third parties to assess the User’s payment behaviour and creditworthiness.
   6. In the event of assignment of a claim to a new creditor.
   7. To other persons on the basis of the User’s voluntary consent.
2. To perform concluded contracts/agreements, Peak Rise may use third parties outside the Czech Republic who Process User Data in accordance with the law of their country of location.
3. Peak Rise is obligated to disclose and transfer User Data to comply with its obligations under applicable law (e.g., to law enforcement authorities, civil law notary, bankruptcy trustee, Tax and Customs Board, Financial Intelligence Unit, and the Financial Supervision Authority).
4. As a general rule, Peak Rise will not transfer User Data outside the European Economic Area, unless there is a legal basis for doing so and by implementing measures to ensure secure data transfers and, where possible, equivalent protection of User Data as that which applies within the European Economic Area. If equivalent safeguards cannot be applied, the User Data will be disclosed, if necessary, to perform a contract/agreement with the User or at the User’s request.
5. While visiting any Peak Rise website, Peak Rise may link to sites operated by Peak Rise business partners or other third parties. This does not mean that Peak Rise endorses the mentioned sites. Peak Rise makes no representations or warranties regarding any website User may access through a link on the Peak Rise website. These websites are independent of Peak Rise, and Peak Rise has no control over or responsibility for their information or activities. In addition, Peak Rise’s privacy practices may differ from those of those sites. If User provides personal information at one of those sites, they are subject to the privacy policies of that site’s operator. Please ensure understanding the other site’s privacy policy before providing personal information.

6. Retention of User Data

1. Peak Rise will not process User Data for longer than is necessary to fulfill the aims of the Processing of such data.
2. Peak Rise generally retains User Data until the expiry of the limitation period for any claims arising from the business relationship, unless the law imposes an obligation to retain User Data for another period.

7. Children’s privacy

This Website is only intended for eligible persons/investors and is not directed to persons under 18.

However, many young people nowadays are interested in learning about investments for educational purposes. If you are under 18 and are interested in the information presented by Peak Rise, we require that you inform a parent or guardian about our policies and ask for their consent before registering with Peak Rise, subscribing to it, or placing any order with it.

8. User rights in relation to the Processing of User Data

1. The User has the following rights regarding their personal information across all Peak Rise resources:
   1. Access: The User can request access to the personal information Peak Rise holds about them, including data stored.
   2. Correction: The User can request that Peak Rise correct any inaccurate or incomplete information.
   3. Deletion: The User can request Peak Rise to delete their personal information, subject to certain legal exceptions. This includes all User Data collected in the course of business relationships, as well as account deletion from Keycloak, and deletion of contact form data.
   4. Data Portability: Where technically feasible, User can request a copy of their personal data in a structured, commonly used format.
   5. Account Management: Where technically feasible, on Peak Rise subdomains with User accounts, User can manage their profile directly through the platform settings powered by the relevant identity provider.
   6. Withdraw Consent: Where Processing is based on consent, User can withdraw their consent at any time without affecting the lawfulness of prior Processing.
   7. Unsubscribe: User can unsubscribe from marketing communications at any time by clicking the unsubscribe link in emails or contacting Peak Rise directly.
2. In the event of a request for modification or correction of data, complaints or questions, the User has the right to contact Peak Rise at the details specified on the Contact page.
3. Contact details of the Data Protection Specialist: info@peakrise.eu.
4. Peak Rise responds to the User’s request relating to User Data without undue delay, but no later than one month from the date of receipt of the request. If the circumstances require clarification or additional explanation before responding to the User’s request, Peak Rise may extend the response deadline and will also inform the User of the extension.
5. Disagreements over the processing of personal data are resolved primarily through negotiation. Failing that, one can lodge a complaint with the Office for Personal Data Protection or a complaint with the court.
6. The Office for Personal Data Protection: Pplk. Sochora 27, 170 00 Praha 7.

9. User consent

User acknowledges that this Privacy Policy is part of the Terms of Service, and agrees that using this Peak Rise website signifies User’s consent to Peak Rise’s Privacy Policy and related terms of use provided above, which are subject to all applicable laws and are undertaken at User’s own risk.

Peak Rise reserves the right to change this Privacy Policy at any time, without advance notice, by posting those changes on this page so that any interested party knows what information Peak Rise collects, how it is used and disclosed.

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