5X5 MEMBERS AND SERVICE PRIVACY POLICY

Your Privacy Rights

Effective Date: December 29, 2023

This Privacy Policy describes the types of information gathered by 5×5 US, LLC. (“Five by Five”, “us” or “we”) in the process of providing data products and data-related services, our tag/pixel (“Pixel”), our AI Models (as defined below) and the data, information, tools, functionality, updates and similar materials (collectively, the “Service”), how we use it, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information and our efforts to protect the information you provide to us through the Service. It is important that you take the time to read and understand this Privacy Policy so that you can appreciate how we gather and use your personal information (“PI”), and understand your privacy rights and choices.

About Five by Five – Our Members and Our Products

In providing the Service, we operate as a data aggregator and broker. We enter into written agreements with our commercial customers (“Members”), most of whom contribute PI of individuals (“Individuals”) for lead enrichment, targeting of advertising and audiences, sales, talent acquisition, identity verification, and fraud detection/prevention (“Use Cases”). Some of our Members pay a fee for access to our data products (“Products”) through the Service, whereas other Members may also contribute PI that they collect which we will use in providing them the Products they request and for the development and licensing of our Products and Service to other Members, including by combining it with PI received from other Members. Those contributions contain PI about Individuals collected by the Member through various means, including by use of our Pixel, which may be placed on the Member’s website(s) or in email messages to Individuals. For clarity, the Member shall be responsible for obtaining any required consent from Individuals in relation to its use of the Pixel, and our Pixel will not send us any PI or data unless directed to do so by the Member.

The PI about Individuals that is typically found in such contributions is a combination of the following: name, email addresses (personal and professional), hashed emails, phone numbers (personal and professional), employment information (current employer, title, history, status, and level), information about their current employer, whether the phone number(s) and email address(es) provided are still valid for the Individual, the Individual’s marital and family status, age/date of birth, gender, socioeconomic status, information linked to an Individual’s device or browser (e.g., IP address), and behavioral and intent data (i.e., comparison shopping, ready to purchase), and other visible traffic in the Member’s network.

After receiving the contributions, we use further efforts to remove any information about Individuals from the Service that we do not wish to commercialize, namely filtering out non-U.S. residents as identified by their mailing address and/or phone number, and removing children under the age of 18 by the age or birthdate provided. For clarity, Five by Five does not request the PI of any non-U.S. resident or child under the age of 18.  To the extent an email address is included in the PI, we email the Individuals and give them the opportunity to opt out of having their PI included in our Products. If an Individual has not received such an email, it may mean we have no email address relating to them, but they may still opt out here, https://5x5coop.com/ccpa/.  We will retain PI for as long as needed to provide the Service to our Members or as otherwise authorized, as directed or permitted by our Members, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

1.     Who Collects the PI Incorporated in our Products and Services?

Members of the 5×5 service are the entities collecting the PI of Individuals and are responsible for notifying Individuals of such collection and use of our Service, and for obtaining any required consents from the Individuals to allow Member to lawfully disclose the Individuals’ PI for use in the development and licensing of our  Products through the Service.  In turn, Five by Five collects the PI from its Members in relation to the Service. Members may collect PI through the methods disclosed in their respective Privacy Policies, and, if applicable, our Pixel. Our collection/ the transfer of PI from a Member to Five by Five can occur via our Pixel, or any method that we agree upon with the applicable Member.

2.     What PI Is Collected?

A.     PI Collected from Members. Members collect a wide range of PI based upon the nature of their business and their Use Case(s).  Five by Five collects the following PI from or about consumers from Members (as categorized by the California Consumer Privacy Act of 2018, as amended (the “CCPA”)):

·       Identifiers such as name, mailing address (both personal and professional), email address (both personal and professional), hashed emails, phone number (both personal and professional), whether the phone number(s) and email address(es) are still valid, IP address, unique personal identifier (assigned by the Member), the Individual’s marital status and family information, and socioeconomic status;

·       Personal information categories identified in the California customer records statute such as the Individual’s name, mailing address (both personal and professional), email address (both personal and professional), phone number (both personal and professional), education, and employment history;

·       Characteristics of protected classifications, namely as an Individual’s gender and age/date of birth;

·       Professional or employment information, including, but not limited to an Individual’s current employer, title, level of seniority, employment history, publicly available education information (such as institutions attended, degrees obtained, and majors), and information about their current employer;

·       Internet and other network activity such as browsing history, search history, and information regarding an Individual’s interaction with an internet website, advertisement, cookie, or our Pixel, JSON headers (device and browser level data), timestamps, and other visible traffic in the Member’s network;

·       Geolocation data, namely, latitude and longitude data about Individuals is collected as part of digital ad placement data that Five by Five receives from its Members; and

·       Inferences drawn from any of the information identified above including behavioral and intent data (i.e., comparison shopping, ready to purchase).

We do not collect or process commercial information; biometric information; sensory data; non-public education information; or sensitive personal information.

B.     Automatically Collected Information.  While Members may collect much of the PI described above directly from the Individuals, Members may also use automatic data collection technologies to collect certain information about an Individual’s equipment, browsing actions, and patterns. Information typically collected in this manner includes, but is not limited to, IP address the type of device used and its operating system, browser information, the pages accessed most frequently, how pages and features are used, time spent on a page, search terms entered, and similar data.

 Methods of automatically collecting PI which are commonly used by Members include tracking IP addresses, using web beacons, pixel tags (including our Pixel), cookies, embedded links, and similar information-gathering tools.

C.    Aggregate Information. Anonymous, deidentified, or aggregate information may also be collected by Members and transferred to Five by Five, such as the type of browser and operating system they are using, the date and time of any request, language preference, referring site, and the domain name of their Internet service provider. For the avoidance of doubt, such anonymized, deidentified, or aggregated information is not PI.

3.     How Do We Use the PI?

We use the PI of Individuals contributed to our Service by Members for the following purposes:

·       Provide Services to Our Members. We’ll use the PI in order to provide the Service that we offer to our Members, including, but not limited to our Products, so that they may pursue their individual Use Cases.

·       Internal Uses. We may use PI to develop and improve the Service and the content of the Products, prevent security issues, enforcing the written agreements we have with Members (“Data Participation Agreements”), and to perform analytics on the use of the Service and functionality issues that may arise.

·       AI Training.  We may use PI to train, develop, and improve the artificial intelligence models and algorithms that we have created, or otherwise have rights to (collectively, “AI Models”). Our AI Models contribute to the Service by working to match similar records and to collate them into a single identity.

·       Product Development.  We may also use PI to develop new products and services.

·       Aggregate/De-Identified Information. We may aggregate and/or de-identify any PI collected through the Services so that such information can no longer be linked to an Individual (“Aggregate/De-Identified Information”). Because it is no longer PI, we may use Aggregate/De-Identified Information for any purpose, including without limitation for research purposes, and may also share such data with any third parties in our discretion.

4.     Do We Share PI?

We will not share PI except: (a) for the purposes for which it was provided by the Member, on the basis that the Member provided necessary notices to, and obtained required consents from, the Individuals; (b) with the consent of the Individual; (c) as may be required by law or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); (d) with persons or organizations (including affiliates) with whom we contract to perform services for us (e.g., our affiliate, Trovo, LLC), including the performance, or development of, aspects of the Service and other internal operations or business activities of 5×5 US, LLC; and (e) to other Members as part of the Services (“Other Members”), on the basis that the Member that originally provided it provided necessary notices to, and obtained required consents from, the Individuals, and except to the extent that an Individual has opted out of the Service/having their PI included in the Product(s) (provided here, https://5x5coop.com/ccpa/). Other Members may transmit or share Individual PI subject to the Data Participation Agreement we have in place with each Other Member.

We may also share Aggregate/De-Identified Information with others, including affiliated and non-affiliated entities. 

Finally, we may transfer PI to another party (affiliated or non-affiliated), or our successor-in-interest, in relation to, or in the event of, a merger, acquisition, sale of all or substantially all of our assets, reorganization, bankruptcy, or other change of control.  After such disclosure or transfer, the third party or successor in interest may use the PI in accordance with this Privacy Policy.

5.     How Can Individuals Exercise Privacy Rights?

In order to access and/or control their PI, Individuals may email us at privacy@5x5coop.com to access their PI that we have collected, or correct errors in such PI.

If an Individual would like to opt out of their PI being included (on a forward-looking basis) in our Products or Service, they may do so here, https://5x5coop.com/ccpa/. It should be noted that, even after opting out, Individuals may still see ads or be contacted by Members and Other Members that obtained access to their PI before it was removed from our Products. We may retain some PI after an opt out to the extent necessary to honor an Individual’s request in the future.

We do not control Members’ collection or use of the PI of an Individual including, but not limited to, serving interest-based advertising. However, our Members may provide Individuals with ways to choose not to have your PI collected or used in this way. Individuals can opt out of receiving targeted ads from Members who are part of the Network Advertising Initiative (“NAI”) on the NAI’s website. To the extent our Members email Individuals for commercial purposes, Individuals should proceed to locate an “Unsubscribe” link at the bottom of each such email to opt out of receiving further emails of that nature.

To protect privacy and security of Individuals, we will take reasonable steps to help verify their identity before granting access, making corrections, or removing your PI.  We recommend that Individuals also submit any request to exercise their rights with respect to their PI directly to the Member that originally disclosed that Individual’s PI to Five by Five to ensure the Member also complies with the Individual’s rights under the law.

6.     How We Store, Protect, and Retain Your PI

A.     After receiving PI, we will store it on our servers for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the PI we collect from Members. Unfortunately, no data transmission over the internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your PI (e.g., strong encryption, multifactor authentication, database monitoring, and limiting access to only those employees whose job function truly requires access to the PI), we cannot ensure or warrant the security of any PI that is transmitted to or received by us or that we store on our or our service providers’ systems. Similarly, our Members access and use the Products, which includes access to the PI of Individuals, and we cannot ensure or warrant the security or handling by our Members of such PI, whether on the Members’ systems, or as part of their respective Use Cases.

B.     If a Member is accessing the Service from outside of the United States, the Member understands that its connection will be through and to servers located in the United States, and the PI it provides will be securely stored in our servers and internal systems located within the United States.

C.    We store PI until the earlier of (i) it no longer being necessary to fulfill our business purposes, namely to provide Services to the Member(s), i.e., until the termination of the Data Participation Agreement, or Five by Five has determined that the PI is no longer accurate; or (ii) our receipt of an Individual’s opt-out request, or that we delete the PI/remove the PI from our servers.  We will use commercially reasonable efforts to remove the affected PI from our Products and/or system within 30 days of the first to occur of either (i) or (ii).

7.     How Do We Use Cookies and Other Network Technologies?

A.     We, our service providers, and our Members, may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means (collectively, “Pixel Tags”) in connection with some Five by Five Products and the Service, including the Pixel, on web pages and email messages formatted to, among other things, compile aggregate statistics and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to website visitors and may be associated with cookies on visitors’ device. Pixel Tags allow those that use them to count users who have visited certain pages, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in formatted email messages, Pixel Tags can inform the sender of the email whether and when the email has been opened.

B.     As you use the internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as “clickstream data”, and can be collected and stored by a website’s server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the website of a Member. Clickstream data may be used to determine how much time visitors spend on each page of a website, how visitors navigate through a website, and how those web pages may be tailored to better meet the needs of visitors.

8.   Children and Young People’s PI

We do not knowingly collect any PI from any minors, and we comply with all applicable privacy laws including the CCPA, and the Children’s Online Privacy Protection Act (“COPPA”), and associated Federal Trade Commission (“FTC”) rules for collecting PI from minors. Please see the FTC’s website (www.ftc.gov) for more information. If you have concerns about our Service, wish to find out if your child has accessed our services, or wish to remove your child’s PI from our servers, please contact us at privacy@5x5coop.com. Our Service will not knowingly accept PI from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. If that we discover that a child under the age of 13 has provided PI to us, we will make efforts to delete the child’s PI in accordance with the COPPA. If you believe that your child under 13 has gained access to our Service without your permission, please contact us at privacy@5x5coop.com.

9.     General Privacy Rights

Individuals have the following rights with respect to our practices regarding their PI:

A.     Individuals have the following rights with respect to our practices regarding their PI:

·       The right of access. This is an Individual’s right to be informed about what PI of theirs we are processing, why, and who else the data may be passed to.

·       The right to correct. This is the right of an Individual to have its PI corrected or amended if what is held is incorrect in some way.

·       The right to deletion. Subject to certain exceptions, and limitations, this is an Individual’s right to have its PI deleted.

·       Right to Non-Discrimination. If an Individual exercises one of their other rights described in this policy, we won’t treat the Individual differently in terms of the goods or services available to the Individual from Five by Five, if any.

B.     Exercising Your Rights. Instructions for enforcing some of rights can be found in Section 5 and elsewhere in this Privacy Policy. Otherwise, if an Individual wishes to find out more about, or to exercise, any of its rights as described in this Privacy Policy, please contact us at privacy@5x5coop.com and include “Privacy Rights Request” in the subject line of the email. We recommend that Individuals also reach out to the Member who originally provided Five by Five with the PI in order to ensure their right has been exercised on the basis of the entire transaction between such Member and Five by Five.

We will acknowledge receipt of an Individual’s request within 10 days of receiving it, and will do our very best to respond within 30 days of receipt of the request, and in no event will our response come more than 90 days after receiving the request. 

Before we respond to any requests relating to your PI, we will take steps to reasonably verify the identity of the person making the request (“Requestor”) to make sure it’s you, or your authorized agent.  We do this to make sure we’re sending it to the Individual, or someone the Individual has approved, not to inconvenience the Requestor. As the sensitivity of the PI relating to the request increases, we will do more to verify the Requestor’s identity, in order to properly protect this PI. If someone is making a request on your behalf, we will need to also verify that person’s identity and if they can truly act on an Individual’s behalf.  If the identity of the Requestor cannot be reasonably verified, as you or someone acting on a Individual’s behalf, then in order to protect that Individual, we shall deny the applicable request(s).

10.       Notice to California Residents

The California Consumer Privacy Act, as amended (“CCPA”) applies to our practices with respect to PI of people residing in California (“Consumers”), collected from Individuals as well as the representatives and authorized users of our Members or potential Members.  In addition to the rights described in Section 9 above, under the CCPA, Consumers have certain rights regarding their PI.

·       Additional Information Regarding Your Right to Access (Collect). As a Consumer, your Right of Access in Section 9 includes any PI we have collected about you and disclosed in the previous 12 months including the categories of PI collected by us, the specific pieces of PI collected, the source(s) of such PI, and the purpose for collecting such PI. In the previous 12 months, we have collected the categories of PI about Consumers as disclosed in Section 2.

We collect PI from our Members for the purposes described in Section 3 above, and as required to comply with applicable law. 

·       Right to Access (Sale/Share). As a Consumer, you also have the right to request that we tell you which of your PI we have disclosed, sold, and/or shared in the previous 12 months. With respect to PI being disclosed, the Consumer shall receive the specific pieces of PI disclosed, sold, or shared, and the types of entities that receive this PI. In the past 12 months, we have disclosed and shared PI falling under the following categories:

o   Identifiers such as name, mailing address (both personal and professional), email address (both personal and professional), hashed emails, phone number (both personal and professional), whether the phone number(s) and email address(es) are still valid, IP address, unique personal identifier (assigned by the Member), the Individual’s marital status and family information, and socioeconomic status;

o   PI categories identified in the California customer records statute such as the Individual’s name, mailing address (both personal and professional), email address (both personal and professional), phone number (both personal and professional), education, and employment history;

o   Characteristics of protected classifications, namely as an Individual’s gender and age/date of birth;

o   Professional or employment information, including, but not limited to an Individual’s current employer, title, level of seniority, employment history, publicly available education information (such as institutions attended, degrees obtained, and majors), and information about their current employer;

o   Internet and other network activity such as browsing history, search history, and information regarding an Individual’s interaction with an internet website, advertisement, cookie, or our Pixel, JSON headers (device and browser level data), timestamps, and other visible traffic in the Member’s network;

o   Geolocation data, namely, latitude and longitude data about Individuals is collected as part of digital ad placement data that Five by Five receives from its Members; and

o   Inferences drawn from any of the categories identified above including behavioral and intent data (i.e., comparison shopping, ready to purchase).

In the past 12 months, we have sold PI falling under the following categories:

o   Identifiers such as name, mailing address (both personal and professional), email address (both personal and professional), hashed emails, phone number (both personal and professional), whether the phone number(s) and email address(es) are still valid, IP address, unique personal identifier (assigned by the Member), the Individual’s marital status and family information, and socioeconomic status;

o   Personal information categories identified in the California customer records statute such as the Individual’s name, mailing address (both personal and professional), email address (both personal and professional), phone number (both personal and professional), education, and employment history;

o   Characteristics of protected classifications, namely an Individual’s gender and age/date of birth;

o   Professional or employment information, including, but not limited to an Individual’s current employer, title, level of seniority, employment history, publicly available education information (such as institutions attended, degrees obtained, and majors), and information about their current employer;

o   Internet and other network activity such as browsing history, search history, and information regarding an Individual’s interaction with an internet website, advertisement, cookie, or our Pixel, JSON headers (device and browser level data), timestamps, and other visible traffic in the Member’s network;

o   Geolocation data, namely, latitude and longitude data about Individuals is collected as part of digital ad placement data that Five by Five receives from its Members; and

o   Inferences drawn from any of the categories identified above including behavioral and intent data (i.e., comparison shopping, ready to purchase).

Upon request, we shall disclose the corporate identity of a Member to the Individuals whose PI that Member provided to Five by Five so that the Individual(s) may contact the Member and exercise its/their rights. We will disclose, share, and sell PI about Individuals in the preceding categories to the Member that disclosed it to Five by Five, to other Members to third parties as the Individuals may direct, service providers, and government/law enforcement agencies for the purpose it was provided, to comply with applicable law, and as otherwise described above in Section 3.

·       Right to Limit the Use and Disclosure of Sensitive Personal Information. Consumers may, at any time, request that we cease using or disclosing any sensitive personal information that we have received about them to only such uses as permitted by the CCPA.  In the past 12 months, we may have inadvertently collected or received sensitive personal information from Members, and unfortunately, we may again in the future. We use our AI Models and other commercially reasonable means to filter this sensitive personal information within our system so that it is never shared with, disclosed to, or sold to Other Members or any other third parties, though we cannot guarantee our efforts will prevent all such data from being disclosed, sold, or shared.

·       Right to Opt-Out of Selling and/or Sharing of Your PI. Consumers have the right to opt-out of the “sale” or “sharing” of their PI to third parties, including when we do so to track you across sites that we don’t own to serve you targeted ads. You can request that all or a portion of your PI in our possession or control not be “sold” or “shared” by clicking the “Do Not Sell or Share My Info” link, available here https://5x5coop.com/ccpa/, or through the Five by Five website (https://5x5coop.com/), and following the instructions to submit your request.

·       Right to Opt-In.  If you are a Consumer under the age of 16, or have previously elected to opt out of the sale (as defined in the CCPA) or sharing of your PI, you may elect to opt in, or back in, as applicable.  The opt-in process will require a two-step verification to confirm your election, and will be governed by the disclosures, policies, and procedures described here, in our Privacy Policy. You can opt-in by e-mailing us at privacy@5x5coop.com with “Opt-In to the Sale or Sharing of My Personal Information” in the subject line and your first and last name, email address and, if a Five by Five account holder, current Five by Five shipping address in the body of the e-mail.

As part of our on-going compliance efforts, below are the metrics for our CCPA responsiveness in the previous calendar year:

11.  Notice to Nevada Residents

If you are a Nevada resident, we “sell” your “covered information” as such terms are defined in Chapter 603A of the Nevada Revised Statutes (“Nevada Privacy Law” or “NPL”). To exercise this right, please follow the process described in Section 9B above. As someone that is subject to the NPL, under your Right of Access described in Section 9, you are entitled to additional information about what PI of yours that we have or use.  For this information, please see Sections 2 and 10 for the PI we have collected, sold, and disclosed. Please note that defined terms, such as “sell” may have a different definition under the NPL than they do under the CCPA.

12.  Notice to Virginia Residents

If you are a Virginia resident, this section and the Virginia Consumer Data Protection Act (the “VaCDPA”) also apply to you. 

A.    As someone that is subject to the VaCDPA, under your Right of Access described in Section 9, you are entitled to additional information about the PI of yours that we have or process.  For this information, please see Sections 2 and 10 above the categories of PI we have collected, sold, and disclosed. Please note that defined terms, such as “sell” may have a different definition under the VaCDPA than they do under the CCPA.

B.    Additional Rights for Virginia Residents. In addition to the rights described in Section 9 above, under the VaCDPA, consumers have the following rights:

·       The Right to Opt-Out of Sales of Your PI.  You may opt-out of such sales at any time.

·       The Right to Opt-In to the Use of Your Sensitive Personal Information.  Five by Five will not process your sensitive personal information without first obtaining your consent to do so.

·       The Right to Opt-Out of Profiling.  You may opt-out of automated processing of PI to make decisions that produce legal or very significant effects on you.

·       The Right to Opt-Out of Targeted Advertising.  As a Virginia consumer, you may also be able to opt-out of targeted advertising based on your activity on websites that we do not  own.   You may still see generic ads, and ads based on what you do on the Internet, even if you exercise this right.

·       Right to Appeal Denial. If we deny your request to exercise rights under the VaCDPA, we will tell you why, and will have the right to appeal our decision by emailing us at privacy@5x5coop.com with “VaCDPA Appeal” in the subject line. If we deny your appeal, you have the right to submit a complaint to the Virginia Attorney General’s Office at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.

13.  Notice to Connecticut Residents

If you are a Connecticut resident, this section and the Connecticut Data Privacy Act (the “CTDPA”) also apply to you. 

A.    As someone that is subject to the CTDPA, under your Right of Access described in Section 9, you are entitled to additional information about the PI of yours that we have or process.  For this information, please see Sections 2 and 10 above, specifically the subsections on the Right of Access and what categories are collected, sold, and disclosed.  Please note that defined terms may vary among different state laws, and that the CTDPA definitions of certain terms apply to this Section 13, and your reading of Section 10 in reference to this Section.

B.    Additional Rights for Connecticut Residents. In addition to the rights described in Section 9 above, under the CTDPA, Connecticut residents have the following rights:

·       The Right to Opt-Out of Profiling.   You may opt-out of automated processing of PI to make decisions that produce legal or very significant effects on you.

·       The Right to Opt-Out of Targeted Advertising.  As a Connecticut consumer, you may also be able to opt-out of targeted advertising based on your activity on websites that we don’t own. You may still see generic ads, and ads based on what you do on the Internet, even if you exercise this right.

·       Right to Appeal Denial. If we deny your request to exercise rights under the CTDPA, we will tell you why, and you will have the right to appeal our decision by emailing us at privacy@5x5coop.com with “CTDPA Appeal” in the subject line. If we deny your appeal, you have the right to submit a complaint to the Connecticut Attorney General’s Office.

14.  Notice to Colorado Residents

If you are a Colorado resident, this section and the Colorado Privacy Act (the “CPA”) also apply to you. 

A.    As someone that is subject to the CPA, under your Right of Access described in Section 9, you are entitled to additional information about the PI of yours that we have or process.  For this information, please see Sections 2 and 10 above, specifically the subsections on the Right of Access and what categories are collected, sold, and disclosed.  Please note that defined terms may vary among different state laws, and that the CPA definitions of certain terms apply to this Section 14, and your reading of Section 10 in reference to this Section.

B.    Additional Rights for Colorado Residents. In addition to the rights described in Section 9 above, under the CPA, Colorado residents have the following rights:

·       The Right to Opt-Out of Profiling.  You may opt-out of automated processing of PI to make decisions that produce legal or very significant effects on you.

·       The Right to Opt-Out of Targeted Advertising.  As a Colorado resident, you may also be able to opt-out of targeted advertising based on your activity on websites we don’t own.  Please be aware, if you do exercise this right, you may still see generic ads on the Internet based on that activity.

·       Right to Appeal Denial. If we deny your request to exercise rights under the CPA, you will be notified of the basis for such denial, and will have the right to appeal such denial by emailing us at privacy@5x5coop.com with “CPA Appeal” in the subject line. If we deny your appeal, you have the right to contact the Colorado Attorney General’s Office to submit a complaint.

15.  Notice to Utah Residents

If you are a Utah resident, this section and the Utah Consumer Privacy Act (the “UCPA”) will apply to you as of December 31, 2023. 

A.    As someone that is subject to the UCPA, under your Right of Access described in Section 9, you are entitled to additional information about the PI of yours that we have or process.  For this information, please see Sections 2 and 10 above, specifically the subsections on the Right of Access and what categories are collected, sold, and disclosed.  Please note that defined terms may vary among different state laws, and that the UCPA definitions of certain terms apply to this Section 15, and your reading of Section 10 in reference to this Section.

B.    Additional Rights for Utah Residents. In addition to the rights described in Section 9 above, under the UCPA, Utah residents have the following rights:

·       The Right to Opt-In to the Use of Your Sensitive Personal Information.  Five by Five will not process your sensitive personal information without first obtaining your consent to do so.

·       The Right to Opt-Out of Targeted Advertising.  As a Utah consumer, you may also be able to opt-out of targeted advertising based on your activity on non-affiliated websites and services. You may still see generic ads, and ads based on what you do on the Internet, even if you exercise this right.

16.  Changes to this Privacy Policy

Because our business needs may change over time, we reserve the right to update this Privacy Policy. If at any time in the future we plan to use your data in a way that is materially different than as described in this Privacy Policy, we will revise this Privacy Policy as appropriate. If we do change this Privacy Policy, we will post the updated policy to the Service for Members and on our website (https://5x5coop.com/). Members will notify Individuals of the revised policy in the same way they would if the Members were updating their respective privacy policies. Please check the Service regularly for any such updates. Members continued use of the Service, or other form of legal acceptance, following our posting the update to this Privacy Policy means they accept such changes. Please refer to the “Effective Date” above to see when this Policy was last updated.

17.  Our Contact Information

If you have any questions or concerns about this Privacy Policy:

5×5 US, LLC

1800 E 4th St

Austin, Texas 78702

privacy@5x5coop.com

512-827-9312

Copyright © 5×5 US, LLC. All rights reserved. The Service is the property of Five by Five, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Five by Five website and Service, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.