Berk Privacy Policy

Berk ("Berk", "we", "us", or "our") provides a mobile application and related services (collectively, the "App" or "Service") that allow users to track skiing and snowboarding activity, connect with a global community of riders, share user-generated content, and access AI-assisted coaching features. This Privacy Policy explains how we collect, use, disclose, store, and protect information when you access or use the App. By downloading, accessing, or using Berk, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use the App.

Berk is intended solely for users who are 18 years of age or older. By using the App, you represent and warrant that you meet this age requirement. Please review Section 15 (Children's Privacy and Protection Against Child Sexual Abuse and Exploitation) for further detail.

1. Definitions

For the purposes of this Privacy Policy, the following terms shall have the meanings set forth below:

"Personal Data" means any information relating to an identified or identifiable natural person.
"User Content" or "UGC" means photos, videos, posts, comments, messages, replays, ratings, and any other material a user submits, uploads, or transmits through the App.
"Device Information" means information collected automatically from the hardware and software you use to access the App.
"Processing" means any operation performed on Personal Data, including collection, storage, use, disclosure, and deletion.
"Third Party" means any individual or entity other than you or Berk, including service providers, business partners, and other users.

2. Information We Collect

We collect several categories of information in order to operate, secure, and improve the App.

2.1 Account Information

When you register for Berk, we collect information such as your username, display name, email address, password (stored in encrypted/hashed form), profile photo or avatar, date of birth or age confirmation, and, where applicable, information you provide when signing in through a third-party identity provider (such as Apple or Google).

2.2 Profile and Preference Data

We collect information you voluntarily add to your profile, such as your home mountain or resort, skill level (e.g., beginner, intermediate, advanced), riding discipline (ski or snowboard), badges earned, and stated preferences used to personalize your experience.

2.3 Location Data

With your consent, we collect precise GPS location data, altitude, speed, descent, and route information while you use the run-tracking and Trail Replay features. Location data may be collected continuously while a tracking session is active, and periodically in the background if you enable background tracking permissions.

2.4 User-Generated Content

We collect and store content you create or upload, including Pro Shots photos, community posts, captions, comments, high-fives (likes), direct messages, and voice or video call metadata (such as call duration and participants, though we do not record call audio or video).

2.5 Device and Technical Information

We automatically collect information about the device you use to access Berk, including device model, operating system and version, unique device identifiers, IP address, mobile network information, time zone, language settings, battery status (where relevant to GPS accuracy), and crash and diagnostic logs.

2.6 Usage Data

We collect data about how you interact with the App, including features used, screens viewed, session duration, tap and navigation patterns, search queries, and interactions with the AI Ski Coach feature.

2.7 Purchase and Virtual Currency Information

If you purchase in-app coins or subscriptions, we or our payment processors collect transaction identifiers, purchase history, and coin balances. We do not directly collect or store full payment card numbers; these are processed by Apple's App Store or other authorized payment processors.

2.8 Information from Other Users

We may receive information about you from other users, such as when someone adds you as a buddy, mentions you in a post or comment, or reports content involving you.

3. How We Use Your Information

We use the information we collect for the following purposes:

To create, maintain, and secure your Berk account.
To provide core functionality, including GPS run tracking, Trail Replay generation, season statistics, and badge calculation.
To operate community features such as the Friends Feed, Buddies, Rankings, direct messaging, and voice calling.
To personalize your experience, including tailored content recommendations, suggested buddies, and AI Ski Coach responses.
To process transactions, manage your coin balance, and provide customer support related to purchases.
To communicate with you, including service announcements, security alerts, daily check-in reminders, and, where permitted, marketing communications.
To monitor, analyze, and improve the performance, safety, and usability of the App.
To detect, investigate, and prevent fraud, abuse, security incidents, and violations of our Terms of Service.
To comply with legal obligations and enforce our rights.

4. Legal Bases for Processing (EEA, UK, and Similar Jurisdictions)

Where applicable law requires a legal basis for processing Personal Data, we rely on one or more of the following:

Performance of a contract, where processing is necessary to provide the App and its features to you.
Consent, such as for precise location tracking, push notifications, and certain marketing communications, which you may withdraw at any time.
Legitimate interests, such as improving our services, preventing fraud, and ensuring platform safety, balanced against your rights and interests.
Compliance with legal obligations, such as responding to lawful requests from public authorities.

5. Information Sharing and Disclosure

We do not sell your Personal Data. We may share information in the following circumstances:

5.1 With Other Users

Information you choose to make public or share within the community, such as your username, profile photo, posts, Pro Shots, comments, badges, and leaderboard rankings, will be visible to other users of the App according to your privacy settings.

5.2 With Service Providers

We share information with vendors and service providers who perform services on our behalf, including cloud hosting, data storage, analytics, push notification delivery, customer support, payment processing, and AI model providers that power the AI Ski Coach feature. These providers are contractually obligated to use your information only as necessary to provide services to us.

5.3 For Legal Reasons

We may disclose information if required to do so by law, regulation, legal process, or governmental request, or if we believe in good faith that disclosure is necessary to protect the rights, property, or safety of Berk, our users, or the public, including responding to reports of Child Sexual Abuse and Exploitation (CSAE).

5.4 Business Transfers

If Berk is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any such change in ownership or control of your Personal Data.

5.5 Aggregated and De-Identified Data

We may share aggregated or de-identified information, such as overall usage trends or anonymized statistics, that does not identify you individually, with partners, resorts, or for research and promotional purposes.

6. International Data Transfers

Berk serves users globally, and your information may be transferred to, stored, and processed in countries other than your country of residence, including the United States, where our servers and service providers may be located. These countries may have data protection laws that differ from those in your jurisdiction. Where required, we implement appropriate safeguards, such as standard contractual clauses or equivalent legal mechanisms, to ensure your information receives an adequate level of protection wherever it is processed.

7. Data Retention

We retain Personal Data for as long as necessary to provide the App, fulfill the purposes described in this Privacy Policy, and comply with our legal obligations.

Account information is retained for as long as your account remains active, and for a reasonable period thereafter to allow for account recovery.
Run-tracking and location history is retained until you delete it or delete your account, unless a longer retention period is required for safety, legal, or dispute-resolution purposes.
User-generated content may persist in backups or in copies made by other users (such as screenshots) even after deletion from the App.
Transaction records are retained as required by applicable tax, accounting, and financial regulations.
Upon account deletion, we will delete or anonymize your Personal Data within a commercially reasonable period, except where retention is required by law or for legitimate business purposes such as fraud prevention.

8. Data Security

We implement administrative, technical, and physical safeguards designed to protect your information from unauthorized access, alteration, disclosure, or destruction.

Encryption of data in transit using industry-standard protocols such as TLS.
Encryption or hashing of sensitive credentials, including passwords.
Access controls that limit employee and contractor access to Personal Data on a need-to-know basis.
Regular security assessments, monitoring, and vulnerability management.
Incident response procedures to address suspected data breaches, including notification to affected users and regulators where required by law.

No method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

9. Your Privacy Rights and Choices

Depending on your jurisdiction, you may have the following rights regarding your Personal Data:

Right to Access: request a copy of the Personal Data we hold about you.
Right to Rectification: request correction of inaccurate or incomplete information.
Right to Deletion: request deletion of your Personal Data, subject to certain legal exceptions.
Right to Restrict or Object to Processing: request that we limit certain uses of your data or object to processing based on legitimate interests.
Right to Data Portability: request your data in a structured, commonly used, machine-readable format.
Right to Withdraw Consent: withdraw previously given consent, such as for location tracking or marketing communications, at any time without affecting the lawfulness of prior processing.
Right to Non-Discrimination: you will not be discriminated against for exercising any of your privacy rights.

You may exercise these rights through the in-app account settings, where available, or by contacting us at service@berk.love. We will respond to verifiable requests within the timeframe required by applicable law. We may need to verify your identity before fulfilling certain requests.

10. Managing Location, Notifications, and Device Permissions

You can manage the following through your device settings:

Location Services: enable, disable, or limit precise location access at any time. Disabling location access will limit or disable run-tracking, Trail Replay, and related features.
Push Notifications: opt in or out of notifications such as daily check-in reminders, buddy activity, and messages.
Camera and Photo Library Access: control the App's ability to access your camera or photo library for uploading Pro Shots or profile images.
Microphone Access: control access used for voice calling features with other users.

11. Cookies, SDKs, and Similar Technologies

Berk and our service providers use cookies, mobile software development kits (SDKs), pixels, and similar tracking technologies to operate the App, remember your preferences, measure performance, and, where permitted, deliver relevant content. These technologies may collect device identifiers, IP addresses, and usage patterns. You can manage tracking preferences through your device's privacy settings, including any App Tracking Transparency controls provided by your device operating system.

12. Analytics and Advertising

We may use third-party analytics providers to help us understand how users engage with the App, diagnose technical issues, and improve features. If Berk displays advertising or participates in promotional partnerships, we will disclose the categories of information shared with advertising partners and provide applicable opt-out mechanisms as required by law. We do not knowingly share Personal Data for cross-context behavioral advertising involving users under 18, as such users are not permitted to use the App.

13. AI Ski Coach and Automated Processing

The AI Ski Coach feature uses artificial intelligence and machine learning technologies, which may be provided by third-party AI service providers, to generate responses to your questions about technique, gear, training, and safety.

Questions and related context you submit to the AI Ski Coach may be processed by us and our AI service providers to generate a response and to improve the quality and safety of the feature.
Responses generated by the AI Ski Coach are provided for general informational purposes only and do not constitute professional coaching, medical, or safety advice.
You should exercise independent judgment and follow official resort safety guidance when engaging in skiing or snowboarding activities.
We do not use your private messages with the AI Ski Coach to publicly identify you without your consent.

14. User-Generated Content (UGC) Policy

Berk allows users to create, upload, and share content, including Pro Shots, posts, comments, and messages. This section describes how we handle UGC.

14.1 Collection and Storage

When you upload content, we collect the content itself along with associated metadata, such as the time of upload, approximate location (if included), device information, and engagement metrics (such as high-fives and comments).

14.2 License to Use Content

By submitting UGC, you grant Berk a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store, reproduce, display, distribute, and adapt your content solely for the purpose of operating, promoting, and improving the App, in accordance with our Terms of Service.

14.3 Ownership and Copyright

You retain ownership of the content you create. You represent that you have all necessary rights to the content you upload and that it does not infringe the intellectual property or other rights of any third party. We respond to valid copyright infringement notices in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA) where applicable.

14.4 Content Moderation and Enforcement

We reserve the right, but do not assume the obligation, to review, moderate, remove, or restrict access to UGC that violates our Terms of Service, Community Guidelines, or applicable law, including content that is abusive, harassing, sexually explicit, violent, or that depicts or facilitates dangerous or reckless conduct.

14.5 Reporting Mechanisms

Users may report content or accounts that violate our policies directly within the App. We investigate reports and take appropriate action, which may include content removal, account suspension, or termination.

15. Children's Privacy and Protection Against Child Sexual Abuse and Exploitation (CSAE)

Berk is intended exclusively for users who are 18 years of age or older. We do not knowingly collect, use, or disclose Personal Data from individuals under the age of 18. If we become aware that we have collected Personal Data from a person under 18, we will take prompt steps to delete that information and terminate the associated account.

We maintain a zero-tolerance policy toward Child Sexual Abuse and Exploitation (CSAE) material and conduct of any kind, including the depiction, solicitation, or facilitation of such material or conduct anywhere on the App.
We employ detection tools, human review processes, and reporting mechanisms designed to identify and remove content or accounts associated with CSAE.
We report apparent instances of CSAE to the National Center for Missing and Exploited Children (NCMEC) or other applicable law enforcement and regulatory authorities, as required by law.
Any user found to be engaging in CSAE-related conduct, or found to be under the age of 18, will have their account immediately suspended or terminated, and relevant information may be disclosed to law enforcement.
Parents or guardians who believe a minor has accessed or provided information to Berk may contact us at service@berk.love to request removal of the account and associated data.

16. Third-Party Links, Sign-In, and Integrations

The App may contain links to third-party websites or allow you to sign in using third-party identity providers (such as Apple or Google) or connect third-party services. This Privacy Policy does not apply to the privacy practices of those third parties. We encourage you to review the privacy policies of any third-party service you interact with through the App.

17. Additional Rights for Specific Jurisdictions

Depending on where you live, you may have additional rights under applicable law, including but not limited to the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), the EU and UK General Data Protection Regulation (GDPR), Brazil's Lei Geral de Proteção de Dados (LGPD), and other regional data protection frameworks.

California residents may request disclosure of categories of Personal Data collected, sold, or shared, and may exercise rights to opt out of certain data sharing, subject to the exceptions in the CCPA/CPRA.
EEA and UK residents may lodge a complaint with their local data protection supervisory authority if they believe our processing violates applicable law.
Residents of other jurisdictions with comprehensive privacy laws may exercise equivalent rights described in Section 9, subject to applicable local requirements and exceptions.

18. Automated Decision-Making and Profiling

We may use automated processes, such as algorithms that generate personalized content recommendations, suggested buddies, or leaderboard rankings, based on your activity and preferences. These processes do not produce legal or similarly significant effects on you without the opportunity for human review. Where required by law, you may request human review of, or object to, decisions based solely on automated processing.

19. Do Not Track Signals

Some browsers and devices support a "Do Not Track" feature. Because there is no common industry standard for how to respond to such signals, Berk does not currently respond to Do Not Track signals. We will continue to monitor developments in this area and update our practices as industry standards evolve.

20. Data Breach Notification

In the event of a data breach affecting your Personal Data that poses a risk to your rights and freedoms, we will notify affected users and relevant regulatory authorities without undue delay, in accordance with applicable law, and will provide information about the nature of the breach and steps you can take to protect yourself.

21. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. If we make material changes, we will notify you through the App, by email, or by posting a prominent notice prior to the change becoming effective, and we will update the "Last Updated" date at the top of this Privacy Policy. Your continued use of the App after any changes become effective constitutes your acceptance of the revised Privacy Policy.

22. Data Controller and Contact Information

Berk is the data controller responsible for the processing of your Personal Data as described in this Privacy Policy. If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, or if you wish to exercise any of your privacy rights, please contact us at:

Email: service@berk.love

We aim to respond to all legitimate inquiries within a reasonable timeframe and in accordance with applicable law.

23. Severability

If any provision of this Privacy Policy is found to be invalid or unenforceable under applicable law, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Privacy Policy will remain in full force and effect.

24. Your Consent

By downloading, accessing, or using Berk, you consent to the collection, use, storage, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, you must not use the App.