Privacy Policy

Last Updated: December 2, 2021

We at CommPeak Limited (“CommPeak,” “us,” “our,” or “we”) respect your privacy.

​This Privacy Policy (“Privacy Policy”) governs the processing and transfer of Personal Data collected in connection with our products and services, available at: commpeak.com (the “Website”) and all other services provided by CommPeak, whether via our Website or otherwise, including extensions, adaptations, improvements and applications hereto, whether existing now or hereafter devised (referred collectively as the “Services”), to each person (“User” or “You”) accessing or using our Website or the Services. This Privacy Policy does not however apply to the handling of your information as CommPeak’s employee, consultant or applicant and does not cover information collected, used or processed by third parties. 

This Privacy Policy incorporated by reference the most current version of our Terms of Service (“Terms of Services”) which are available at: https://www.commpeak.com/resources/terms-conditions/.

This Privacy Policy describes the ways in which we collect and use your information and the rights and options available to you with respect to such information. By accessing and using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Privacy Policy.

Please be aware that you are not obligated to provide us with any information or data. However, if you choose to use, interact with our Website, register for CommPeak’s Services, or otherwise provide us the information described below, whether directly or indirectly, you expressly agree to the use of such information in accordance with this Privacy Policy. You may not use the Services, Website, or submit any data through them if you do not agree to any of the terms of this Privacy Policy.

1. ​What Information Is Collected About Me?

CommPeak collects Personal and Non-Personal Data from the User in several different ways and at several different points throughout our Services. 

Personal Data”, means any information which identifies or can be used to identify a natural person, including, but not limited to, first and last name, phone number, email address, IP address, billing information, etc.

​1.1. Non-Personal Data

​We may collect Non-Personal Data regarding Users concerning their use of the Website and Services, including, but not limited to, the scope, frequency, latency, pages accessed, access time and dates, amount of time spent on particular pages, activity and movements, browser type, browser version, and other technical information. 

This information is anonymous and does not personally identify you or any particular User. 

1.2. Personal Data​​

When you interact with our Website or use our Services, we may collect additional information, such as session duration, page impressions, and Internet Protocol (IP) address. 

When you choose to register for an account as part of our Services, you may be asked to provide certain Personal Data, such as your full name, country of residence, phone number, email address, etc. We may also collect information about how you use our Website and Services.

If you are making a payment, you may be asked to provide certain Personal Data about you and your transaction. This may include your billing address, date of birth, payment method, credit or debit card number, bank account information, and any additional necessary information required to process your transaction. 

When required by law (including anti-money laundering and anti-terrorism financing laws and regulation), you may be asked to verify your information either directly or using identity verification providers.   

Please be aware that you have no legal obligation to provide us with any Personal Data, and the submission of such information is entirely subject to your discretion and consent. However, if you do not provide us with the required information, we may not be able to provide you with some or all of the Services requested by you. 

CommPeak’s use of this Personal Data is governed by the terms and conditions of this Privacy Policy. You hereby acknowledge and agree that by interacting with our Website or joining our Services you expressly consent to provide CommPeak with such Personal Data.

If you wish to rescind the foregoing consent you may do so by contacting us at: [email protected]. Please be aware that in the case you revoke or rescind your consent, we may not be able to provide you with some or all of our Services.

2. How Do We Collect the Information? 

CommPeak collects Personal and Non-Personal Data from the Users in several different methods and at several different points through our Services, including but not limited to:

2.1. Direct Interaction With Users

When registering an account, making a payment, requesting support, submitting questions and queries, accessing or utilizing our Website and Services, corresponding with us via email, phone, or otherwise,  you may provide us with Personal and Non-Personal Data. 

Please be aware that you have no legal obligation to provide us with any Personal Data, and the submission of such information is entirely subject to your discretion and consent. However, if you do not provide us with the required information, we may not be able to provide you with some or all of the Services requested by you.

2.2. Cookies

We may also use “Cookies” to automatically collect information through our Website or Services. Cookies are essentially small pieces of data written to your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) by our webserver to allow us to record certain pieces of information whenever you visit or interact with our Website or Services and to recognize you across devices, customize our Services and mitigate risk and prevent fraud. 

Many internet browsers are automatically programmed to accept cookies. You may change your browser settings to either reject cookies or notify you when a cookie is about to be placed on your computer. However, rejecting cookies while using the Website or Services may result in certain parts of the Website operating incorrectly or as not as efficiently as if they were allowed.

3. How Does CommPeak Use Your Information?

​Non-Personal Data is used mainly for analysis and to constantly improve and maintain our Website and Services, including among others, for ensuring the technical functioning of our Website and Services, gathering demographic information about our Users, measuring and understanding the level of engagement to our Services, generate reports related to access and use of our Services, to help prevent fraudulent use of our Services, and in order to provide a more personalized experience.

In order to make our Website and certain Services available to you, or to meet a legal obligation CommPeak may need to use the Personal Data you knowingly provide us. ​Personal Data may be processed and used for one or more of the following purposes:

  • Create and Manage User accounts; 
  • Operate, maintain and provide Users with Services;
  • Allow Users to interact with our systems and Services; 
  • Communicate information to Users, including with respect to Services or new features or products;
  • Respond to inquiries and offer support;
  • Send administrative, marketing, and promotional communications to Users;
  • Process and execute your transactions, billing you for our Services and other related activities, including mandate payments, fees and charges; 
  • Enhance, upgrade, or modify the Website or Services, and create new features, products and services, including customization of our Services based on your preferences;
  • Enforce CommPeak’s Terms of Service and policies;
  • Protect CommPeak or third parties legitimate rights, interests, property or safety, including among others, protecting our Services from potential harmful, unlawful, illegal or abusive activities, fraud and spam or any other use of the Services which is not permitted hereunder or under our Terms of Service;
  • To comply with legal or regulatory obligations, to respond to authorized authorities’ inquiries or other requests as required by applicable laws and regulations and when we believe in good faith that disclosure is necessary to protect our rights, investigate and fight against fraud and unlawful or abusive activity or comply with applicable laws and regulations.

4. With Whom Do We Share Your Information?

CommPeak does not sell, rent or lease its User’s Data to third parties. 

We may share your Data with trusted third parties for the purposes described in this Privacy Policy, including providing you with the Services you have requested as described hereafter:

4.1. Non-Personal Data, aggregate, and statistical or otherwise anonymized data may be shared without limitation with third parties at our discretion. 

4.2. Personal Data may be shared as follows:

4.2.1. We may share your Personal Data with third parties based on your express consent or instructions to do so.

4.2.2. We may share your Personal Data with third party service providers who we employ to perform tasks on our behalf, in connection with the provision of the Website or Services as well as with respect to conducting our business and expanding our business.  

4.2.3. We may share your Personal Data with third party vendors as required to provide you with our Services, trace, track and prevent unlawful, harmful, or illegal acts with respect to our Services.

4.2.4. We may share your Personal Data as we believe necessary or appropriate to enforce our Terms of Service, Privacy Policy, and other agreements, and to protect our rights, privacy, safety, property or for the purpose of legal compliance with applicable laws and regulations, to conform to the edicts of the law or comply with legal process served on CommPeak, including taking necessary precautions against legal liability, protecting our material interests or the material interests of Users or third parties.

4.2.5. We may share your Personal Data in case of a sale of all or subnational parts of our assets, including, among others, as part of a reorganization, purchase, merger, or any other similar event, in which the Personal Data held by CommPeak about you is among the assets transferred.

Notwithstanding other provisions of this Privacy Policy, and in addition to the foregoing, you hereby authorize us and we expressly reserve the right to disclose or otherwise share your Personal Data to law enforcement agencies, regulatory or governmental bodies, or third parties for the purpose of legal compliance with applicable laws and regulations, to conform to edicts of the law or pursuant to authorize authorities queries or other requests, such as a subpoena, search warrant, court order, or similar legal process, and when we believe in good faith that disclosure is necessary to protect and defend our rights or property, investigate fraud or wrongdoing in connection with our Website or Services, protect the personal safety of the Users of our Services or the public. Such disclosure of information may occur with or without notice to you.

5. Lawful Basis for the Processing of Your Information

In order to provide you with our Website or Services, it might be necessary to process your Personal Data. The legal basis for processing the Personal Data described above may vary based on the data concerned and the context in which is collected, this include, but is not limited to: 

(a) your consent to collect and process Personal Data;

(b) performance of a contract with you; 

(c) our legitimate interests or the legitimate interests of a third party; 

(d) payment processing purposes

(e) necessary for compliance with legal obligations to which CommPeak is subject. 

You may revoke or rescind your consent, at any time, by contacting us at: [email protected]. Please be aware that the processing of the data you provide is essential for the provision of our Services and for compliance with regulatory requirements applicable to the telecommunications sector. In the case you revoke or rescind your consent to such processing of Personal Data, we may not be able to provide you with some or all of our Services. 

6. For How Long Do We Store Your Personal Information? 

CommPeak will retain your Personal Data for the period necessary to comply with our legal or regulatory obligations, resolve disputes, fulfill our business purposes, and enforce our Terms of Service and policies. 

We may retain your Personal Data for a longer period than required by law if it is in our legitimate business interests and not prohibited by law. 

7. Will CommPeak Transfer My Personal Data Internationally?

Your information, including Personal Data, is processed at CommPeak’s offices and in any other location where our trusted partners and third party services involved in the processing are located. Thus, Personal Data collected from Users within the European Economic Area (“EEA”) may be transferred to countries outside of the EEA for the purposes described in this Privacy Policy. If you are a resident of the European Economic Area (“EEA”) we will take appropriate measures to ensure that your information receives an adequate level of data protection upon its transfer outside of the EEA. 

If you are a resident of a jurisdiction where transfer of your Personal Data requires your consent, then your consent to this Privacy Policy includes your express consent for such transfer of your data.

8. Your Rights With Respect to Personal Data

If you are a resident of the EEA, you have certain data protection rights. CommPeak aims to protect those rights and take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

  • Right of Access – If we are processing your Personal Data, you have the right to ask for a copy of that Personal Data (along with certain other details).
  • Right of Rectification – If your Personal Data is inaccurate or incomplete you have the right to request to have it rectified or completed. 
  • Right to Erase – In accordance with applicable law, you might have the right to request that we delete or remove your Personal Data, under certain circumstances. In those cases, CommPeak will delete that Personal Data unless it is required by law to retain it, or needed to protect its legitimate interests.
  • Right to Restrict Processing – In accordance with applicable law, you might have the right to seek restriction on the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to CommPeak processing it. If you ask to do so, we may store your Personal Data but will not process it further. 
  • Right to Object – In accordance with applicable law, you might have the right to object to CommPeak’s processing of your Personal Data. However, if we are relying on a legitimate interest to process your Personal Data and we demonstrate compelling legitimate grounds for the processing of that data, we may continue to do so.
  • Data Portability – In accordance with applicable law, in some cases and when relevant to you and to the Services, you might have the right to ask that your Personal Data be transferred to a third party. 
  • Right in Relation to Automated Decision-Making and Profiling – You have the right to be free from decisions based solely on automated processing of your Personal Data.  
  • Right to Withdraw Consent – You have the right to withdraw your consent to the process of your Personal Data. Your withdrawal will not affect or apply to data that was processed prior to our receipt of your withdrawal of consent. 

How Can I Exercise My Data Subject Rights?

To exercise these rights please contact us at [email protected] or submit a request via our Data Subject Request Form.

Please note that we may ask you to verify your identity before responding and your request must include sufficient information to allow us to reasonably verify that you are the person about whom we collected the Personal Data and that you have the authority to make your request.

Additionally, you have the right to complain to your Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local Data Protection Authority in the EEA. 

Please be aware that the processing of the data you provide us is essential for the provision of our Services and for compliance with regulatory requirements applicable to the telecommunications sector. By choosing to delete some types of personal information, restricting or objecting to CommPeak processing your information, you may prevent us from supplying certain Services to you as a Customer.

9. ​California Privacy Rights

In addition to the rights listed above, California Residents who provide CommPeak with Personal Information have specific rights regarding their personal information (as defined in the California Consumer Privacy Act (CCPA), including: 

  • To know what personal information is being collected by CommPeak about them, how it is used, if this personal information is being disclosed to a third party; 
  • To opt-out of the sale of any personal information being collected about them by CommPeak;
  • To request that any personal information that has been collected be deleted, unless CommPeak has legitimate reason to deny such request, including in order to comply with legal obligations, exercise legal rights, or claim or defend against legal claims.

To exercise these rights please submit a request via our Data Subject Request Form or contact us at [email protected]. Please note that only you or someone authorized to act on your behalf may make such a request, no more than twice in any 12 month period. Your request must include sufficient information to allow us to reasonably verify your identity and whether you are the person about whom we collected the personal information or a higher authorized representative. 

In addition to the above, California Civil Code Section 1798.83 permits Users who are California residents to request and obtain from us information about the personal identifiable information we disclosed to third parties (if any) for marketing purposes in the preceding calendar year. If applicable, this information would include a list of categories of personal information that were shared and the name and address.

10. Do Not Track Policy as Required by California Online Privacy Protection Act 

Our Website and Services do not respond to the ‘Do Not Track’ settings in your browser. 

Some third party websites do keep track of your browsing activities. If you are visiting such websites, you can set our browser preferences to inform these websites that you do not want to be traced. These preferences can be enabled or disabled by visiting the preferences or settings page of your web browser. 

11. Payments

Some of our Services require payment from you.  

In order to process your payment, we use a number of unaffiliated third party services. In that case, the payment will be processed by a third party, to whom you may be asked to provide Personal Data for the purpose of payment processing. 

Please note that, although CommPeak selects our Payment Processors very carefully after consideration of their privacy practices, we cannot control the way they operate. These Payment Processors may or may not store your information. Please see the respective Privacy Policies or Terms and Conditions of these companies for further details.

  • WorldPay

Their privacy policy can be viewed at:
https://online.worldpay.com/terms/privacy

  • BitPay

Their privacy policy can be viewed at:
https://bitpay.com/about/privacy/

  • PayPal

Their privacy policy can be viewed at:
https://www.paypal.com/us/webapps/mpp/ua/privacy-full

To the extent that you choose to pay for our Services using wire transfer or direct cryptocurrency payments, we may ask you to provide us with certain information in order to comply with applicable laws and regulations, fight against fraud and unlawful or abusive activity or protect our legitimate interests. Alternatively, we may require you to go through a verification process using an identity verification service.

12. ​Links to Other Websites

Please note that our Website or Services may contain links to other websites or services of third parties that provide useful information/services (referred collectively as “Linked Pages”). Such links do not constitute or imply an endorsement, sponsorship, or recommendation by CommPeak of the third party and it shall not be held responsible or liable for your use thereof. 

Any information a User provides on the Linked Pages is provided directly to this third party and is subject to that third party’s Privacy Policy. Such use shall be subject to the Terms of Use and Privacy Policies applicable to those sites. CommPeak shall have no responsibility or liability for the data collection and privacy practices of websites to which it links. You should learn about the privacy practices of each Website before providing them with Personal Data.

13. Data Security

Protecting your information and privacy is extremely important to us. CommPeak takes reasonable precautions and uses security techniques to safeguard your information, as is customary in the industry with similar services, both during transmission and once CommPeak receives it.  Additionally, we limit access to your Personal Data to those employees and third parties who have a business or otherwise legitimate need to know. We also have procedures in place to deal with any suspected data security breach and will notify you and any applicable regulator in the event of a suspected breach where we are legally required to do so. 

Despite these efforts, we still cannot provide a 100% security guarantee and we cannot be held responsible for unauthorized or unintended access to such information by third parties. It is your responsibility to safeguard your account login and password information.

14. Persons Under 18

​Our Website and Services are not directed to persons under 18 years old.

We do not knowingly collect or solicit Personal Data from persons under 18 years old. If you are under 18, please do not attempt to register for our Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a person under the age of 18, we will delete that information as quickly as possible. 

If a parent or guardian becomes aware that his/her/their child has provided us with Personal Data he/she/they should contact us immediately by sending us an email to: [email protected].

15. Changes to This Policy

The ongoing further development of technology, changes in our Services, or the legal situation, as well as other reasons, can require adjustments of our data protection notice. CommPeak, therefore, reserves the right to make changes to this Policy, at our sole discretion, at any time. Such changes may be made in response to future developments of the Website, changes in industry or legal requirements, or any other reason. 

Modifications to this Privacy Policy will be posted on the Website and shall be effective as of the date on which they are posted. By continuing to use the Website following any change in this Policy, you will be deemed to have agreed to such change. If you do not agree to our Policy’s terms, as modified from time to time, please discontinue use of this Website and/or our Services.

16. Data Protection Officer

CommPeak appointed a Data Protection Officer (DPO) who is responsible for overseeing questions pertaining to this Privacy Policy. ​Should you still have any queries, requests regarding the data collected under this Privacy Policy, including without limitation, requests to amend, remove, delete, modify or transfer the data, please contact our Data Protection Officer at: [email protected].

Postal address: CommPeak – Data Protection Officer, 1906 Lee Garden One, 33 Hysan Avenue, Causeway Bay, Hong Kong

Please be sure to include your information in any correspondence to us so that we can respond to your inquiry in a timely manner.