PRIVACY POLICY
We respect your privacy and are committed to protecting it through our compliance with this privacy policy ("Policy"). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information") in the "FIVE Owner" mobile application ("Mobile Application" or "Service") and any of its related products and services (collectively, "Services"), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it. This Policy is a legally binding agreement between you ("User", "you" or "your") and FIVE International Hotel Management LLC (doing business as "FIHM", "we", "us" or "our"). If you are entering into this Policy on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Policy, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Policy, you must not accept this Policy and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
TABLE OF CONTENTS
1. Automatic collection of information
2. Privacy of children
3. Use and processing of collected information
4. Disclosure of information
5. Retention of information
6. Data analytics
7. Email marketing
8. Push notifications
9. Links to other resources
10. Information security
11. Data breach
12. CCPA Compliance for California Users
13. Remarketing Clause
14. Marketing and Promotional Communication
15. Disclosure to Business Affiliates
16. Changes and amendments
17. Acceptance of this policy
18. Contacting us
2. Privacy of children
3. Use and processing of collected information
4. Disclosure of information
5. Retention of information
6. Data analytics
7. Email marketing
8. Push notifications
9. Links to other resources
10. Information security
11. Data breach
12. CCPA Compliance for California Users
13. Remarketing Clause
14. Marketing and Promotional Communication
15. Disclosure to Business Affiliates
16. Changes and amendments
17. Acceptance of this policy
18. Contacting us
1. Automatic collection of information.
When you use the Mobile Application, our servers automatically record information that your device sends. This data may include information such as your device's IP address and location, device name and version, operating system type and version, language preferences, information you search for in the Mobile Application, access times and dates, and other statistics. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage of the Mobile Application and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the system.
2. Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Mobile Application and Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Mobile Application and Services, please contact us to request that we delete that child's Personal Information from our Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Mobile Application and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.
3. Use and processing of collected information
We act as a data controller and a data processor when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor. Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Mobile Application and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information. We act in the capacity of a data processor in situations when you submit Personal Information through the Mobile Application and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller. In order to make the Mobile Application and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
- Create and manage user accounts.
- Send product and service updates.
- Respond to inquiries and offer support.
- Request user feedback.
- Improve user experience.
- Enforce terms and conditions and policies.
- Protect from abuse and malicious users.
- Respond to legal requests and prevent harm.
- Run and operate the Mobile Application and Services.
Processing your Personal Information depends on how you interact with the Mobile Application and Services, where you are located in the world and if one of the following applies:
(i) you have given your consent for one or more specific purposes.
(ii) provision of information is necessary for the performance of this Policy with you and/or for any pre-contractual obligations thereof.
(iii) processing is necessary for compliance with a legal obligation to which you are subject.
(iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us.
(v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our Mobile Application and Services. Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
4. Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our contracted companies, and service providers (collectively, "Service Providers") we rely upon to assist in the operation of the Mobile Application and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties. Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes. We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
5. Retention of information
We will retain and utilize your Personal Information for the duration necessary to fulfill our legal obligations, maintain an active user account, enforce our Policy, and resolve disputes, unless a longer retention period is mandated or allowed by law. Any aggregated data derived from or containing your Personal Information may be utilized after you have updated or deleted it, but not in a manner that identifies you personally. Once the retention period concludes, Personal Information will be deleted. Consequently, the rights to access, erasure, rectification, and data portability cannot be exercised after the retention period has lapsed.
6. Data analytics
Our Mobile Application and Services may use third-party analytics tools that use cookies, web beacons, or other similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on User activity such as how often Users visit our Mobile Application and Services, what pages they visit and for how long, etc. We use the information obtained from these analytics tools to monitor the performance and improve our Mobile Application and Services.
7. Email marketing
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations. In compliance with the CANSPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us.
8. Push notifications
We offer push notifications to which you may also voluntarily subscribe at any time. To make sure push notifications reach the correct devices, we use a third-party push notifications provider who relies on a device token unique to your device which is issued by the operating system of your device. While it is possible to access a list of device tokens, they will not reveal your identity, your unique device ID, or your contact information to us or our third-party push notifications provider. We will maintain the information sent via e-mail in accordance with applicable laws and regulations. If, at any time, you wish to stop receiving push notifications, simply adjust your device settings accordingly.
9. Links to other resources
The Mobile Application and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Mobile Application and Services and to read the privacy statements of each and every resource that may collect Personal Information.
10. Information security
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Mobile Application and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
11. Data breach
In the event we become aware that the security of the Mobile Application and Services has been compromised or Users' Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email.
12. CCPA Compliance for California Users:
Our mobile application is committed to complying with the California Consumer Privacy Act (CCPA) to safeguard the privacy rights of our California users. As per the CCPA, California residents have certain rights regarding their personal information, including the right to access, delete, and opt-out of the sale of their personal information. For more information on how we collect, use, and disclose personal information, and the rights available to California users, please refer to our Privacy Policy.
13. Remarketing Clause:
Our mobile application may collect information for remarketing purposes. This includes gathering data about users' interactions with our application, such as pages visited, actions taken, and preferences. This information may be used to display targeted advertisements to users across the internet. Remarketing helps us reach users who have previously shown interest in our products or services. For more details on how we collect and use this information, please refer to our Privacy Policy
14. Marketing and Promotional Communication:
Once you agree to receive marketing and promotional communication via the personal information provided, it may include emails, push notifications, or in-app messages containing information about our products, services, promotions, or events. You have the option to opt-out of receiving such communication at any time by following the unsubscribe instructions provided in the messages or by adjusting your notification preferences within the application.
15. Disclosure to Business Affiliates:
We may disclose personal information to our business affiliates, including parent companies, subsidiaries, joint venture partners, and other entities under common ownership or control. This disclosure may occur for business purposes such as data processing, customer support, marketing, or other legitimate purposes outlined in our Privacy Policy. Rest assured, any disclosure of personal information to our affiliates will be in compliance with applicable privacy laws and regulations, and we will take necessary measures to ensure the security and confidentiality of your information.
16. Changes and amendments
We retain the right to amend this Policy and its terms at our discretion. If we make any modifications to the Policy or Services, we will notify you through various channels, such as posting a notification within the Mobile Application or sending you an email, depending on the contact information you have provided. Any updated version of this Policy will take effect immediately upon its posting unless otherwise specified. Your continued use of the Mobile Application after the effective date of the revised Policy will indicate your consent to the changes. However, we will not use your Personal Information in a significantly different manner without your explicit consent.
17. Acceptance of this policy
By accessing and utilizing our Application and Services, you acknowledge and agree to abide by the terms and conditions outlined in this Policy. By submitting your information, you signify your acceptance of these terms.
18. Contacting us
If you have any inquiries, concerns, or grievances about the information we hold concerning you, please do not hesitate to reach out to us using the contact details provided below:
Email: legal@fiveglobalholdings.com
By using the Mobile Application and Services, you acknowledge that you have reviewed this Policy and consent to its terms. Your continued use of the Mobile Application signifies your agreement to be bound by this Policy. If you do not agree to these terms, you are not authorized to access or use the Mobile Application. This Policy is subject to periodic updates, and the revised date can be found at the bottom of this document. Our commitment is to address any complaints or disputes promptly and make every reasonable effort to respect your rights. Should you wish to exercise your rights or have any concerns regarding this Policy, we encourage you to contact us. We strive to resolve issues in a timely manner, adhering to the timelines set forth by applicable data protection laws.
Email: legal@fiveglobalholdings.com
By using the Mobile Application and Services, you acknowledge that you have reviewed this Policy and consent to its terms. Your continued use of the Mobile Application signifies your agreement to be bound by this Policy. If you do not agree to these terms, you are not authorized to access or use the Mobile Application. This Policy is subject to periodic updates, and the revised date can be found at the bottom of this document. Our commitment is to address any complaints or disputes promptly and make every reasonable effort to respect your rights. Should you wish to exercise your rights or have any concerns regarding this Policy, we encourage you to contact us. We strive to resolve issues in a timely manner, adhering to the timelines set forth by applicable data protection laws.