Privacy Policy

BY ACCESSING AND USING ANY OF THE SITES, VISITORS ARE ACKNOWLEDGING THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF USE (THE “TERMS OF USE”), WHICH ARE HEREBY INCORPORATED INTO THIS PRIVACY POLICY AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE. BY SIGNING UP, ACCESSING, AND/OR USING THE SHIFT5 PRODUCT(S), EACH CUSTOMER AND AUTHORIZED USER IS AGREEING TO THE TERMS OF THIS PRIVACY POLICY, THE TERMS OF USE AND THE APPLICABLE MASTER AGREEMENT.

The information we collect and/or receive

In the course of operating the Sites, providing the Shift5 Product(s) and/or interacting with you, Shift5 will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information and assume contractual responsibility for obtaining all consents as required under applicable laws and regulations.

  1. Contact Information.

    When you contact us through the “Contact Us” page, or sign up as a Customer or an Authorized User, you will be asked to provide certain information, which may include first name, last name, and e-mail address (“Contact Information”). The Contact Information is used to provide the requested service or information and to contact Customers, Authorized Users and Visitors for purposes of direct marketing of our current and future services.

  2. Customer Data.

    In using the Shift5 Product(s), Customers and Authorized Users provide us Customer Data. We use the Customer Data (other than any personal information contained therein) in accordance with the terms and conditions of the Master Agreement. Any personal information contained in the Customer Data will be used in accordance with this Privacy Policy.

  3. Other Information.

    In an ongoing effort to improve the Sites, and the Shift5 Product(s), we automatically collect certain information when Visitors visit the Sites, and when Customers or Authorized Users use the Shift5 Product(s). This information consists of IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Sites Visitors visit, and similar information concerning your use of the Sites, and the Shift5 Product(s) (“Activity Information”).

  4. From Cookies.

    We also collect Activity Information by using “cookie” technology. Cookies are small packets of data that a website stores on the hard drive of your computer or mobile device to “remember” information about your visit. We may use session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer/device until you delete them). If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Sites, and the Shift5 Product(s) may not function properly.

  5. Third-Party Analytics.

    We may use one or more third–party analytics services (such as Google Analytics) to evaluate your use of the Sites, and the Shift5 Product(s), compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Sites you visit, number of links clicked while on the Sites, search terms and other similar usage data), and analyze performance metrics. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using any of the Sites, and/or the Shift5 Product(s), you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Sites, or the Shift5 Product(s).

How We Use and Share Your Information

You authorize us to use the Contact Information, personal information contained in the Customer Data, and Other Information (collectively, the "Information") to provide the Shift5 Product(s) and our services to you, solicit your feedback, inform you about our products and services and those of our third-party marketing partners, and to improve the Shift5 Product(s) and the services. Also, we may use and share the Information as described below.

  1. Agents, Providers and Related Third Parties.

    We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.

  2. Aggregated Information.

    In an ongoing effort to better understand users of the Shift5 Product(s) and our services, we may analyze the Information in aggregate form in order to operate, maintain, manage, and improve the Shift5 Product(s) and our services. This aggregate information does not identify you personally. We may use this aggregate information for marketing purposes. We may share this aggregate information with our affiliates, agents, business and business partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Shift5 Product(s) and our services to current and prospective business partners and to other third parties for other lawful purposes.

  3. Business Transfers.

    As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.

  4. Legal Requirements.

    To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Shift5 or others.

Accessing and Modifying Personal Information and Communication Preferences

If you have signed-up to use the Shift5 Product(s), you may access, review, and make changes to your personal information by following the instructions found on the Shift5 Product(s). In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link located on the bottom of any Shift5 marketing email. You will still receive transactional e-mails related to your account.

How We Protect Your Information

Shift5 takes commercially reasonable security measures to protect your Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations.

Links to Third-Party Sites

The Sites and the Shift5 Product(s) may, from time to time, contain links to external websites. Shift5 encourages you to review the privacy and security policies of any externally linked websites that may be accessed through the Sites or the Shift5 Product(s). Shift5 assumes no responsibility or liability for the information collection and disclosure practices of any external websites that a user can access through the Sites or the Shift5 Product(s). Please check the privacy policies of these external websites before you submit any personal information to them.

Important Notice to All Non-U.S. Residents

Our servers are located in the United States. Please be aware that your Information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use any of the Sites, or the Shift5 Product(s) you do so at your own risk.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Shift5 via email at info@shift5.io.

In addition, Shift5 does not monitor, recognize or honor any opt-out or do not track mechanisms including general web browser, “Do Not Track” settings and/or signals.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time, and will post any changes on the Sites, or the Shift5 Product(s). By accessing any the Sites, and/or accessing and/or using the Shift5 Product(s) after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.