MYFIVEAPPLICATION LLC

Privacy Policy

Last Modified: January 24, 2022

OVERVIEW

MYFIVEAPPLICATION LLC, a Virginia limited liability company (“myfiVe”), respects your (“User,” “you,” or “your”) privacy and is committed to protecting it through myfiVe’s compliance with this privacy policy (collectively, this “Privacy Policy”). This Privacy Policy describes how myfiVe may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, Device (as defined below), or household (as defined in the CCPA, as defined below), as further described in the WHAT INFORMATION IS COLLECTED Section of this Privacy Policy (“Personal Information”) from the visitors to www.myfiVeapplications.com and its various subpages (the “Website”), any myfiVe mobile application now existing or hereafter created (if applicable, the “App”), and any other services or features made available through the Website or App or otherwise used by you (the foregoing collectively defined herein as the “Services”), how myfiVe may use it, with whom myfiVe may share it, what choices you have regarding it, and how myfiVe protects it. This Privacy Policy is incorporated into and is a part of the Terms of Service of myfiVe, which can be found HERE (the “Terms of Service”), and myfiVe encourages you to become familiar with the terms and conditions contained herein and therein.

CONSENT

By accessing and using the Services, you agree that you have read and understand this Privacy Policy, and that you accept and consent to myfiVe’s privacy practices described in this Privacy Policy.

CHANGES TO PRIVACY POLICY

myfiVe reserves the right to change the terms of this Privacy Policy at any time. myfiVe may change this Privacy Policy and its privacy practices because of changes in relevant and applicable legal or regulatory requirements, the business or business practices of myfiVe, in its attempts to better serve your needs, or for any other reason, in its discretion. Notice of such changes to the Privacy Policy or myfiVe’s privacy practices and a revised Privacy Policy will be posted on the Website or the App.

CONTROLLER

myfiVe is the controller and is responsible for your Personal Information. If you have any questions about this Privacy Policy, including any requests to exercise Your Legal Rights (as set forth below), please contact myfiVe using the details set out below.

WHAT INFORMATION IS COLLECTED?

myfiVe may collect various types of information from or about you depending on how you use the Services and its various features. You supply myfiVe with various types of information, including Personal Information that you choose to disclose and myfiVe also collects information automatically regarding how you use the Services, which myfiVe may collect as you interact with the Services.

Information you Provide to myfiVe

With respect to Personal Information, you may provide myfiVe with various types of information, including, without limitation, you and your name, address, telephone number, e-mail address, transaction information, as well as billing and payment information that you voluntarily provide through the Services. This information is generally entered into fields in the registration or subscription forms, regardless of whether submitted, and enables you to take full advantage of the Services. If you submit any purchase information on or for the Services, the information that you supply during the process may be used to track details about those purchases or uses. myfiVe may collect Personal Information from you and other Users, customers, and visitors to the Website or Users of the Services. If at any time you wish to be removed from myfiVe’s email database, you can request removal by contacting myfiVe at support@myfiveap.com. myfiVe reserves the right to contact you via postal mail, email, or telephone for the purpose of administering your account.

myfiVe may also retain the content of and metadata regarding any correspondence you may have with myfiVe or its customer service representatives or other employees or contractors, regardless of the mode of communication by which such correspondence occurred. This includes, without limitation, any information contained and consented to, as described in the Terms of Service. This information helps myfiVe to improve the Services and the materials, products, and services that are offered on the Services, and to more effectively and efficiently respond to both current and future inquiries.

Automatic Information Collection and Tracking  

When you access and use the Services, myfiVe may use technology to automatically collect:

·         certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data, and the resources that you access and use on or through the Services;

·         information about your computer, tablet, mobile phone, television, or any other device capable of accessing the Services (each a “Device”) and internet connection, including the Device’s unique device identifier, Internet Protocol (“IP”) address, operating system, browser type, mobile network information, and the Device’s telephone number, if applicable;

·         stored information and files, metadata, and other information associated with other files stored on your Device, including, without limitation, photographs, audio and video clips, personal contacts, and address book information; and

·         real-time information about the location of your Device for analytics.

If you do not want myfiVe to collect this information, do not access the Services. myfiVe also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services.

As with many other websites and mobile applications, the web servers used to operate the Services collect certain data pertaining to you and the equipment and communication methods that you use to access the internet and the Services. Without combining this data with other sources of information, the servers do not readily identify you. They do, however, reveal such things as the IP address assigned to your Device, pages you accessed on the Services or immediately prior to using the Services, and the length of time you accessed the Services. This information is collected to, among other things, facilitate Services operation and system administration, to generate aggregate, non-identifiable statistical information, and to improve content and content delivery with regard to the Services and the materials, products, and services that myfiVe makes available on and through the Services.

Third-Party Information

If you send someone else a communication from the Service, such as sending an invitation to a friend or communicating with third parties, the information you provide (such as names, email addresses, mobile number, etc.) may be used to facilitate the communication and is not used by myfiVe for any other marketing purpose unless myfiVe obtains consent from that person or myfiVe explicitly says otherwise.  Please be aware that when you use any send-to-a-friend functionality on the Services, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s). Additionally, any communication with more than one friend may include your Personal Information or the Personal Information of each third party. If you provide myfiVe with the information of another person, you must have their consent to do so.

USE OF COOKIES

myfiVe uses “cookies” (small text files stored on your computer) to help track and customize your access and use of the Services. Cookies store and retain information that helps myfiVe recognize you when you return to the Services following a previous visit. Cookies may also store any login or ID assigned to you by myfiVe and the associated password, which information would be stored in encrypted form. Most popular internet browser packages allow you to configure the browser so as to not accept cookies if you so choose. However, setting your browser to reject cookies may prevent you from taking full advantage of the Services and the materials, products, and other services that myfiVe makes available on or through the Services.

myfiVe may also use the following:

Flash Cookies. Certain features of the Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see How Does myfiVe Use the Information It Collects below.

Web Beacons. Portions of the Services and e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit myfiVe to, for example, count Users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

Google Analytics Cookies. The Services may use Google Analytics cookies, which is a simple, easy-to-use tool that helps website owners measure how users interact with website content. As a user navigates between web pages, Google Analytics provides website owners JavaScript tags (libraries) to record information about the page a user has seen, such as the URL of the page. The Google Analytics JavaScript libraries use HTTP Cookies to “remember” what a user has done on previous pages / interactions with the website.

Third Party Use of Cookies and Other Tracking Technologies Like Google Analytics

myfiVe may use Google Analytics cookies (see above) and may use these cookies with remarketing using Google Analytics to create ads for you and others. Some content or applications, including advertisements, on the Services may be served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. These third parties may use this information to provide you with interest-based (behavioral) advertising or other targeted content. myfiVe does not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

myfiVe may also collect data about your activities that does not identify you personally or indirectly when you use the Services, or other websites and online services where myfiVe may display ads. This information may include content you view, the day, time, and manner in which you access the content, the products or services you purchase, and your location details associated with your IP address. myfiVe may use this information that it collects to serve you more relevant advertisements. myfiVe also may collect information about where you saw the advertisements it delivers to you and what ads you click on. myfiVe may use remarketing to advertise across the internet and other websites. Please contact myfiVe if you do not want to participate in these programs. You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

myfiVe does not attempt to collect Personal Information from children. Children under 18 years old are not the target audience for the Services. To protect their privacy, myfiVe prohibits the solicitation of Personal Information from these children or the use of the Services by these children. If you are under the age of 18 (and do not otherwise qualify as an emancipated minor entitled to the same rights as an adult pursuant to applicable law), do not access the Services or submit your email address or any other Personal Information through the Services.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your Personal Information by sending an email to support@myfiveap.com to request access to, correct, or delete any Personal Information that you have provided to myfiVe. myfiVe may be unable to delete your Personal Information without removing your access to and use of all or significant portions of the Services. myfiVe may not accommodate a request to change information if it believes the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions (as defined in the Terms of Service), copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Users. Proper access and use of information provided on the Services, including User Contributions, is governed by the Terms of Service.

California residents may have additional Personal Information rights and choices. Please see YOUR CALIFORNIA PRIVACY RIGHTS below for more information.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding myfiVe’s use of your Personal Information under the California Consumer Privacy Act (“CCPA”). Depending on the circumstances and which Services you use, if applicable, myfiVe has disclosed the following categories of your Personal Information for a “business purpose” (as defined in the CCPA) in the preceding twelve (12) months: identifiers; protected characteristics; commercial information; geolocation data; internet or other electronic network activity information; financial, medical, or health insurance information; audio, electronic, visual, thermal, olfactory, or similar information; professional information; education information; and inferences drawn from any of the aforementioned information categories. For more details about the Personal Information myfiVe has collected over the last 12 months, please see the WHAT INFORMATION IS COLLECTED? section above. myfiVe collects this information for, among other things, the business and commercial purposes described in the HOW DOES MYFIVE USE THE INFORMATION IT COLLECTS? section below. myfiVe shares this information with, among others, the categories of third parties described in the HOW MYFIVE SHARES AND DISCLOSES YOUR INFORMATION section below.

myfiVe does not “Sell” (as such term is defined in the CCPA) the Personal Information it collects but may in the future. The CCPA considers some transfers of Personal Information to third parties in exchange for value as a “Sale,” even if no money changes hands, such as when online identifiers, Device IDs, and other information is shared with third-party businesses to further their own commercial purposes such as generating profiles about individuals. In the event myfiVe decides to Sell your Personal Information, California residents have the right to opt-out of the Sale. Please note that myfiVe can still share Personal Information with third parties if those transfers aren’t “sales,” such as with myfiVe’s Service Providers (as defined in the CCPA). Additionally, myfiVe may use third-party cookies for advertising purposes as further described above.

Subject to certain limitations, the CCPA permits Users of the Services that are California residents to (i) request more information regarding myfiVe’s collection of specific categories or pieces of information (including how myfiVe uses and discloses the information), (ii) request that myfiVe delete your Personal Information, (iii) request to opt out of any “sales” that may be occurring, and (iv) not be discriminated against for exercising any of these rights.

California residents may make such a request pursuant to their rights under the CCPA by sending an email to support@myfiveap.com. myfiVe will verify your request using the information associated with your account, including email address. Government identification may be required. California residents may also designate an authorized agent to exercise these rights on their behalf. To learn more about your California privacy rights email support@myfiveap.com or visit https://www.caprivacy.org.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Services that are California residents to request certain information regarding myfiVe’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to support@myfiveap.com or write to myfiVe at the address below.

NOTE ON THE EU'S GENERAL DATA PROTECTION REGULATION

Company is located in the United States. Regardless of where you are located, we may collect and use Personal Information as described above, including user, website visitor, and other information, for the purposes described above. While myfiVe is intended to be used in the United States, we may receive Personal Information from users located in the European Union when users located in the European Union access the Services and elect to share your Personal Information with us. Additionally, our website may be accessed, and you may submit your Personal Information to us regardless of where you are located. Any access as described herein is at the sole risk and responsibility of the user. We rely on either your consent or our legitimate interests as described above for the collection and use of such Personal Information. We retain Personal Information regarding users for as long as necessary for our legitimate interests. If you have any questions or concerns or would like to make any requests regarding your Personal Information, please contact us at support@myfiveap.com .

HOW MYFIVE SHARES AND DISCLOSES YOUR INFORMATION

This section describes how myfiVe may share and disclose your information. myfiVe does not control how you or any other third party choose to share or disclose your information.

User Instructions

myfiVe will solely share and disclose your information in accordance with your instructions and in accordance with applicable law and legal process.

Disclosure for Legal Purposes

myfiVe reserves the right to disclose any personally identifiable information or other information it collects through the Services or otherwise if it is required to do so by law or if it reasonably believes that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on it; (c) protect or defend its legal rights or property or third party licensors of any material on the Services; or (d) in an emergency to protect the health or safety of the Users of the Services or the general public.

Your use of the Services, including any disputes arising from it, is subject to this Privacy Policy as well as the Terms of Service and all dispute resolution, limitation on damages, and choice of law provisions therein. myfiVe encourages you to refer to this Privacy Policy on an ongoing basis so that you understand the current Privacy Policy. Unless stated otherwise, the current Privacy Policy applies to all information that myfiVe has about you and your account.

Does myfiVe Disclose Information to Outside Parties?

myfiVe may share your information to individuals outside of myfiVe, including, without limitation, its affiliates, Service Providers, or to any third parties. Currently, myfiVe does not Sell, trade, or otherwise transfer to outside parties your personally identifiable information for a referral fee, but it may do so in the future. myfiVe, in its sole discretion, may also release your information when it believes release is appropriate to comply with applicable law, enforce Services policies, or protect myfiVe’s or others’ rights, property, or safety. Additional non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Business Transfers

As myfiVe continues to grow and develop its business, it is possible that its corporate structure might change or that it might merge or otherwise combine with, or that substantially all of its assets might be acquired by, another company. In any such transactions, customer information generally is, will most probably be, and should be expected to be one of the transferred business assets.

HOW DOES MYFIVE USE THE INFORMATION IT COLLECTS?

Business Purposes

myfiVe, its licensees, and affiliates may use your information for the following business purposes:

·         to verify the identity of your contact information;

·         to provide customer support to you and other Users;

·         to review the usage and operations of the Website or other Services and to address any problems;

·         to help improve, maintain, and develop new products and services;

·         to market products or services to you or others;

·         to protect you, other Users, partners, or myfiVe from fraud, malicious activity, and other privacy and security related concerns;

·         to investigate misuse or unauthorized access of the Services; and

·         to provide you or others with customized content, products, or services.

Choices About How myfiVe Uses and Discloses Your Information

myfiVe strives to provide you with choices regarding the Personal Information you provide to it. It has created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Services may then be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising. If you do not want myfiVe to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by sending an email stating your request to support@myfiveap.com. If you opt out, please note that some or all parts of the Services may then be inaccessible to you.

Promotional Offers from myfiVe. If you do not wish to have your email address or contact information used by myfiVe to promote its own or third parties’ products or services, you can opt out by sending an email stating your request to support@myfiveap.com . If myfiVe has sent you a promotional email, you may send a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to myfiVe as a result of a purchase made through the Services.

Targeted Advertising. If you do not want myfiVe to use information that it collects or that you provide to it to deliver advertisements according to its advertisers’ target-audience preferences, you can opt out by visiting Google’s advertising opt-out page. Please note, myfiVe does not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose to not have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative on the Network Advertising Initiative’s website.

In addition to the uses mentioned or described above, myfiVe uses the information that it collects from or about you to improve the materials, products, and other services that it makes available on the Services, to notify you of changes made to the Services or new products or services made available on or through the Services, to evaluate your needs and customize content delivered through the Services to you according to those needs, to facilitate the processing of any purchases or uses you make through the Services, to send you promotional material from myfiVe and its affiliates, and for other legitimate and lawful business purposes of myfiVe. Other than to the extent necessary or convenient for myfiVe to perform the Terms of Service, myfiVe may share information collected about you with third parties, such as for certain special programs that it offers in connection with some of its business affiliates, which may involve special promotions and/or pricing, and in which you may or may not be participating. If you register as a participant in one of those programs, myfiVe will acknowledge your registration and notify its applicable business affiliates of your registration, thereby enabling you to receive the corresponding program benefits. At this time, which may be subject to change in myfiVe’s sole discretion, it is myfiVe’s policy not to sell lists containing Personal Information about Users, purchasers, registrants, or subscribers; however, myfiVe may in the future sell lists containing Personal Information, contact information, including the name, email, and mailing address, or a combination thereof, about Users, purchasers, registrants, or subscribers. By providing your information, you are consenting to such use. You have the right to withdraw consent to marketing at any time by contacting myfiVe at support@myfiveap.com .

HOW DOES MYFIVE PROTECT INFORMATION COLLECTED ABOUT YOU?

myfiVe places a high value on protecting information transmitted via the Services. For this reason, myfiVe uses state-of-the-art security solutions to process payments and to provide secure communication methods. myfiVe’s payment services providers use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard User information. Other security safeguards include, but are not limited to, third-party payment processors, data encryption, firewalls, and physical access controls to files. myfiVe does not store payment information. myfiVe takes commercially reasonable measures to secure and protect customer-specific information transmitted via the Services. However, no security system is impenetrable. MYFIVE CANNOT AND DOES NOT GUARANTEE AND HEREBY EXPRESSLY DISCLAIMS THAT INFORMATION USERS SUPPLY TO MYFIVE OR ON THE SERVICES WILL BE TOTALLY SECURE.

HOW LONG DOES MYFIVE KEEP YOUR PERSONAL DATA?

myfiVe will only retain your personal data for as long as reasonably necessary to fulfill the purposes it collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. myfiVe may retain your personal data for a longer period in the event of a complaint or if it reasonably believes there is a prospect of litigation in respect to its relationship with you. To determine the appropriate retention period for personal data, myfiVe considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which it processes your personal data, and whether it can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

LINKED SITES

For your convenience, some hyperlinks may be posted on the Website or App that link to other websites not under the control of myfiVe. Other company logos may also be posted on the Website or App as service providers to myfiVe or Users. Please note that this Privacy Policy applies only to the Services and not to other websites of other organizations to which it may link. myfiVe is not responsible for the privacy policies or practices of any other third-party sites. You should make your own inquiries regarding them. In addition, when you initiate a transaction on a website that the Website or App links to, even if you reached that site through the Website or App, the information that you submit to complete that transaction becomes subject to the privacy practices of the owner of that linked site. You should read their privacy policies to understand how they use and protect Personal Information that they collect. myfiVe is not responsible for the privacy or information practices of its suppliers or any third-party websites.        

WHAT CHOICES DO YOU HAVE?

You may update at any time the information about you derived from information you have provided to myfiVe. You may also ask myfiVe at any time to remove your name from the list of Users who wish to receive electronic communications and e-mail advertisements from myfiVe or its affiliates by simply sending such a request to myfiVe at the addresses given below. Once you opt out, myfiVe will honor your choice until you inform it otherwise. Please remember, however, that if myfiVe has already shared information about you pursuant to your registration and participation in any special programs of its business affiliates (as described above), myfiVe has no control over how such business affiliates may further use that information, and you will need to contact them directly in that regard.

Subject to applicable law, you also have the right to (i) restrict myfiVe’s use of information that constitutes your personal data and (ii) lodge a complaint with your local data protection authority. If you are a resident of the European Economic Area and believe myfiVe maintains your personal data within the scope of the General Data Protection Regulation (“GDPR”), you may direct your questions or complaints to myfiVe or your local supervisory authority.

YOUR LEGAL RIGHTS

You have the right to any of the following at any time:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data myfiVe holds about you and to check that it is lawfully processing it.

Request correction of the personal data that myfiVe holds about you. This enables you to have any incomplete or inaccurate data myfiVe holds about you corrected, though it may need to verify the accuracy of the new data you provide to it.

Request erasure of your personal data. This enables you to ask myfiVe to delete or remove personal data where there is no good reason for it continuing to process it. You also have the right to ask myfiVe to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where myfiVe may have processed your information unlawfully, or where myfiVe is required to erase your personal data to comply with local law. Note, however, that myfiVe may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, within a reasonable amount of time after your request.

Object to processing of your personal data where myfiVe is relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where myfiVe is processing your personal data for direct marketing purposes. In some cases, myfiVe may demonstrate that it has compelling legitimate grounds to process your information, which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask myfiVe to suspend the processing of your personal data in the following scenarios:

·         If you want myfiVe to establish the data’s accuracy.

·         Where myfiVe’s use of the data is unlawful, but you do not want myfiVe to erase it.

·         Where you need myfiVe to hold the data even if myfiVe no longer requires it as you need it to establish, exercise, or defend legal claims.

·         You have objected to myfiVe’s use of your data, but myfiVe needs to verify whether it has overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. myfiVe will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for myfiVe to use or where myfiVe used the information to perform a contract with you.

Withdraw consent at any time where myfiVe is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, myfiVe may not be able to provide certain products or services to you. myfiVe will advise you if this is the case at the time you withdraw your consent.

Any request made by you will be processed within thirty (30) days of you providing notice to myfiVe.

WHO CAN YOU CONTACT FOR MORE INFORMATION?

If you feel that your privacy or security is being compromised, or have any other questions regarding the privacy practices or this Privacy Policy, please notify myfiVe using the following contact information:

Attn: Legal

MYFIVEAPPLICATION, LLC

Email: support@myfiveap.com

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY PRACTICES DESCRIBED IN THIS PRIVACY POLICY.