Privacy Policy

Effective date: January 15, 2020

Five to Nine, Inc (“Five to Nine”, “us”, “we”, or “our”) takes the privacy and security of your personal data seriously. This Privacy Policy describes how we protect and use the personal data we collect about you through our website and in connection with the services we offer (“Service”).

As a visitor or Member of Our Platform, the collection, use and sharing of Your Personal Data is subject to this Privacy Policy and any updates.

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.

We use Your data to provide and improve the Platform. By using the Platform, You agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use, accessible from

Please contact with any requests, questions, or concerns relating to this Privacy Policy.


“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:

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  

Personal Data

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.

Usage Data

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

We use cookies and similar tracking technologies to track the activity on Our Platform and We hold certain information.

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:

Use of Data  

Five to Nine uses the collected data for various purposes:

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.

Your use of the Platform or Your submission of such information constitute your consent to this Privacy Policy and represents Your agreement to that transfer.

Five to Nine will take all the steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your Personal Data and other personal information.

Five to Nine complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. Five to Nine has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit

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

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 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

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

Business Transaction

If Five to Nine is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Legal Requirements

Five to Nine may disclose Your Personal Data in the good faith belief that such action is necessary to:

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

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.

Service Providers  

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”).

We will not store or collect Your or Your employees’ payment card details. That information is provided directly to Our Payment Processors whose use of personal information is governed by their privacy policy. These Payment Processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Links to Other Sites  

Our Platform may contain links to other sites that are not operated by Us. If You click a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

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 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 or reach out via live chat with the subject line “GDPR Export”.

Changes to This Privacy Policy  

We may update our Privacy Policy from time to time. We will notify You of any changes by emailing You the new Privacy Policy and/or posting the updated Privacy Policy within the Platform website prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us  

If you have any questions about this Privacy Policy, please contact Us:

 * By email: