Effective date: January 15, 2020
Five to Nine operates the Platform. This section informs You of Our policies regarding the collection, use and disclosure of personal data when You use Our Platform and the choices You have associated with that data.
“Personal Data” means data about a living individual or entity that can be identified from those data (or from those and other information either in Our possession or likely to come into Our possession). Personal Data may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal Code, City
Cookies and Usage Data
Usage Data is data collected automatically either generated by the use of the Platform or from the Platform infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on Your device (computer or mobile device).
Types of Data Collected
While using Our Platform, We may ask You to provide Us with certain Personal Data. We may use Your Personal Data to contact You with information that We deem may be of interest to You. You may opt out of receiving any, or all, of these communications from Us by contacting Us.
We may also collect information on how the Platform is accessed and used (“Usage Data”). This Usage Data may include information such as Your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Our Platform that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to Your browser from a website and stored on Your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze Our Platform.
You can instruct Your browser to refuse all cookies or to indicate when a cookie is being sent. However, if You do not accept cookies, You may not be able to use some portions of Our Platform.
Examples of Cookies We use:
Session Cookies. We use Session Cookies to operate Our Platform
Use of Data
Five to Nine uses the collected data for various purposes:
To provide and maintain Our Platform
To notify You about changes to Our Platform
To allow You to participate in interactive features of Our Platform when You choose to do so
To provide customer support
To gather analysis or valuable information so that We can improve Our Platform
To monitor the usage of Our Platform
To detect, prevent and address technical issues
To support Our decisions in sourcing the right service selection, relationships and tools for You and Your employees
To provide insight to employers, vendors and manufacturers about the aggregated data of the services provided on the Platform
To provide You with news, special offers and general information about other goods, services and events which we may offer that are similar to those that You have already purchased or inquired about unless You have opted not to receive such information
Transfer of Data and Privacy Shield
Because Five to Nine and its servers are located in the United States, we necessarily transfer any data that is collected from outside the United States to the United States for processing and storage.
Your information, including Personal Data, may be transferred to – and maintained on – computers located in the state of Virginia, U.S.A. The data protection laws may differ from those of Your jurisdiction.
If You are located outside United States and choose to provide information to Us, please note that We transfer the data, including Personal Data, to the United States and process it there.
The U.S. Federal Trade Commission has jurisdiction over Five to Nine’s compliance with the Privacy Shield Frameworks. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including in order to meet national security or law enforcement requirements.
Five to Nine’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Five to Nine remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Five to Nine proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Five to Nine commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Five to Nine by email at email@example.com.
Five to Nine has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the EU DPA, operated by the United States Council for International Business (USCIB). If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.privacyshield.gov/assistance for more information and to file a complaint. This services of the USCIB is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at privacyshield.gov/article?id=ANNEX-I-introduction
Five to Nine commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
Disclosure of Data
Five to Nine may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of Five to Nine
Prevent or investigate possible wrongdoing in connection with the Platform
Protect the personal safety of users of the Platform or the public
Protect against legal liability
Security of Data
The security of Your data is important to Us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. More about our security can be found at https://fivetonine.co/security/
Retention of Data
Five to Nine generally retains your Personal Data for a period of time consistent with the original purpose of collection. For instance, Five to Nine retains company data for the duration of their contract with Five to Nine and purges it at termination of contract. We may also retain your Personal Data during the time you have an account to use our platform, website, and services. We also may retain your Personal Data as necessary to comply with our legal obligations, to establish proof of a right or a contract, resolve disputes, enforce our agreements, in accordance with the law.
Our data retention policy can additionally adhere to client retention policy as long as it’s in accordance with applicable law.
We may employ third party companies and individuals to facilitate Our Platform (“Service Providers”), provide the Platform on Our behalf, perform Platform-related services or assist Us in analyzing how Our Platform is used.
These third parties may have access to Your Personal Data only to perform these tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may provide paid products and/or services within the Platform. In that case, we use third-party services for payment processing ( “Payment Processors”).
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Platform does not address anyone under the age of 18 (“Children”).
We do not knowingly collect Personal Data from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from children without verification of parental consent, We take steps to remove that information from Our servers.
California Privacy Rights
Users residing in certain jurisdictions, like California, have a right to access Personal Data held by Us about them and their right of access can be exercised in accordance with applicable law. California law requires certain businesses to respond to requests from California residents asking about the business’ practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose Personal Data of customers or clients to third parties for the third parties’ direct marketing purposes if the resident has exercised an option to opt-out of such information sharing. We have such a policy in place.
California residents may request further information about our approach to this law by writing to Us. When writing to Us, you must include any relevant information (like Your name, contact information, any Member number or unique site identifier associated with You) in order to assist in Your request. Please allow 30 days for a response.
EU, European Economic Area (“EEA”), United Kingdom (“UK”) Privacy Rights
Users residing in the EU, European Economic Area (“EEA”), United Kingdom (“UK”) have a right to access Personal Data held by Us about them and their right of access can be exercised in accordance with applicable law. Users may request access to their personal data and obtain information about our processing of personal data, with whom we share this personal data, and User’s rights around this data. Users may request that we restrict our processing of their personal data. Users may object to our processing of their personal data as well as where we process personal data based on a User’s consent, and they may withdraw their consent. Users may request that their personal data be updated or removed from the system. However, we may retain certain information to comply with our legal obligations, resolve disputes, or enforce our agreements, and there may be some delay in deleting certain data from our servers and back-up storage. To submit a question or concern about rights, please email firstname.lastname@example.org message our live chat.
Exporting Your Data
Five to Nine will adhere to a User’s request for an export of personal data. Please forward request to email@example.com or reach out via live chat with the subject line “GDPR Export”.
* By email: firstname.lastname@example.org