This Privacy Notice (“Notice”) describes practices of FifthTheory, LLC (“FifthTheory”) for handling personal information (“PI”) provided to FifthTheory over the Internet at its online FifthTheory e-commerce site. By visiting the FifthTheory e-commerce site (“Website”) you accept the privacy practices described in this Notice.
This Notice describes the types of PI we collect on the Website and how we may use and share such information. It also describes the measures we take to protect the security of PI. In addition, this policy provides other important privacy information, describes when and how we may change this policy, and tells you how to contact us with any questions or comments.
FifthTheory complies with all applicable data security and privacy laws and regulations that govern collection, processing and use of PI on this Website after such information is received by FifthTheory and under its control.
International Transfers
For customers located outside the United States (“US”), the PI and any purchase data (“Data”) related to a FifthTheory assessment (“Assessment”) you provide on this Website is transferred into the US where it is securely processed by FifthTheory, including collecting, storing and other related operations. As with any Internet activity there are certain risks of exposure, loss, or unauthorized access by third parties associated with such PI transfers.
FifthTheory securely processes and manages customer PI once it has been received in our systems. However, FifthTheory cannot assure the security of customer PI from risks during international transfers. Further, FifthTheory disclaims responsibility for all risks associated with external transfers of PI from non-US locations into the US for processing by us.
Consent: Importantly, for residents of the EU, EEA and certain other countries, by browsing the FifthTheory e-commerce Website and/or making a purchase, you understand there may be risks that could potentially compromise your PI. You must specifically consent for your PI and Data to be transferred into the US and processed by FifthTheory, LLC.
EU residents may choose to accept the risks of transferring PI to FifthTheory in the US as permitted by the General Data Protection Regulation (“GDPR”) in Article 49 by requesting FifthTheory to process PI of necessity to perform a contract (i.e., delivery of assessment services) or implement pre-contractual measures (i.e., purchase of assessment services). A customer can communicate such a request by completing and submitting the Contact Us form on this Website. EU customers accept all obligations of a Data Controller under GDPR in use of a FifthTheory Assessment. FifthTheory performs assessment services as a Data Processor.
If you do not give your consent to this transfer of your PI, do not continue with the purchase or further browsing of this Website, and close this Website now.
Consumer Notification
FifthTheory e-commerce site complies with the California Consumer Privacy Act (‘CCPA’). While browsing this Website and/or purchasing any Assessment(s) some Personal Information (PI) about you is collected in the general categories listed below:
- Contact information,
- Payment method,
- User device
The purpose of collecting your PI is so that we can:
- Process and fulfill your completed order for the desired FifthTheory Assessment(s),
- Correctly assign Assessment purchase and fulfillment Data to the right consumer,
- Maintain and improve our services as allowed by CCPA Regulations,
- Determine any irregularities in utilizing our Website as allowed by CCPA Regulations.
Importantly for California consumers, by browsing this Website and/or making a purchase you are providing your PI information. You understand and agree that your PI and Data can be collected by FifthTheory in the US for processing. FifthTheory will not sell your PI to any third parties.
Further details about our privacy policy pertaining to GDPR and CCPA are available at www.FifthTheory.com. You also have an opportunity to opt-out from this PI and Data collection activity by informing FifthTheory at privacy@fifththeory.com of your desire.
The following sections provide brief details about our obligations and your rights. If you have questions about the processing of your PI, you can contact us at privacy@fifththeory.com.
What data do we collect?
Personal Information
“Personal Information” (PI) means information that we directly associate with individuals or organizations that do business with us. PI does not include de-identified or anonymous information which is not directly associated with a specific person or entity.
If you are a corporation, consultant, or school district (i.e., an “organization”) that purchases
FifthTheory’s assessments and surveys, we typically collect invoicing and billing details including credit card details. We also collect contact information including telephone numbers and e-mail addresses. In addition, we may collect an individual’s or organization’s credit card or banking information, government identification number and credit history for account management, billing and collection, or other business management purposes. Processing of PI for a commercial business to business purpose is exempt from most CCPA requirements until January 1, 2023.
How do we collect Personal Information?
From organizations, we collect and process provided information using online request forms and order forms. This information is kept in secure electronic data files once collected and processed. Access to this organizational information is restricted on a need to know basis. Company information is also collected when clients interact with FifthTheory’s customer service professionals and other staff members, voluntarily complete a customer survey, or provide feedback on any of our message boards or via email. We may also collect information about a customer’s device, including IP address, and browsing activity on the Website to help us better understand customer interests and to help identify repeat customers more readily.
How will we use your data?
FifthTheory has a legitimate interest for processing your PI to fulfill your order and provide you with purchased Assessment materials (‘Materials’) and related information. We may also collect and process Data analytics information about visitor and customer activity on this Website to help us better understand how they use the Website so we may improve the user experience.
FifthTheory may share Data with our affiliated partners or with service providers we have vetted and contractually retained to perform services on our behalf. We also use your PI to correct and address technical or service problems, to follow instructions of the organizational representatives who submitted the Data, to implement our tests and/or related software solutions, or in response to contractual requirements.
In addition, we may disclose PI to satisfy any applicable law, regulation, legal process or enforceable governmental request or in connection with claims, disputes, or litigation. We may further disclose PI to law enforcement authorities or other government officials, or when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity. Also, we may use PI for research and program evaluation purposes, or if a respondent has provided consent to us using such information for a legitimate interest.
How do we store and protect Data?
FifthTheory securely stores organization and customer Data using a variety of strategies and techniques to assure optimal safety and protection. FifthTheory implements and maintains administrative, technical, and procedural safeguards, policies and procedures designed to reduce the risk of accidental destruction or loss, misuse or interference, and to protect against unauthorized disclosure or access, alteration, or destruction of the PI in our possession. We utilize security controls conforming with industry best practices (such as SSL encryption, secure coding standards) to protect all PI.
FifthTheory will retain information about customers only for as long as reasonably necessary for the purposes for which it was collected. In some instances, we may store PI for longer periods; for instance, when we are required to do so in accordance with legal, regulatory, tax, or accounting requirements. When we dispose of PI, we use reasonable procedures to ensure that it is disposed of in a secure manner.
Where we transfer your PI outside of our company to third parties who help provide our services, we obtain contractual commitments from them to protect all PI. Also, if we ever receive requests for information from law enforcement or regulators, we will carefully validate these requests before any PI is disclosed.
Marketing
FifthTheory would like to occasionally collect and analyze online market research surveys that measure organizations’ opinions about our products and services. If organizations have agreed to receive marketing material, they may always opt out at a later date by contacting FifthTheory at privacy@fifththeory.com. Organizations have a right at any time to stop FifthTheory from contacting them for marketing purposes.
Your data protection rights
FifthTheory makes every effort to fully inform its customers and organization users so that they are aware of their data protection rights. Their rights may vary by the union, country, province, and/or state in which they reside. Key data protection rights are provided below. These rights are currently addressed in the European Union’s General Data Protection Regulation, or GDPR. FifthTheory’s procedures for complying with these data protection rights are also described.
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Consent: Individuals in certain jurisdictions with specific privacy regulations (e.g., the European Union’s GDPR) are informed that by visiting a FifthTheory Website to review and/or purchase FifthTheory assessments, they acknowledge and consent that their PI may be transferred into the US for processing. If they do not give their consent to this transfer, they are requested to not proceed with the purchase activity, and to close the browser presenting the assessment information. Finally, Website visitors may view specific details about their rights within certain jurisdictions (e.g., the European Union’s GDPR) by visiting those jurisdictions’ websites (e.g., the EU’s website is https://europa.eu).
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Voluntary Processing: Providing PI is entirely the respondent’s choice. Visitors to the FifthTheory e-commerce Website are not obligated by law to do so. It is, however, typically necessary for a respondent to provide PI in completing an Assessment order and to have the Assessment materials delivered. If respondents choose not to allow processing of their PI by FifthTheory, including transfer to the US, they may not receive Assessment materials that were requested.
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Rights to access data and limit its use and disclosure: Respondents may have the right to access PI about themselves, and to limit use and disclosure of their personal data. Rights vary by union, country, or state, to name but a few such jurisdictions. FifthTheory is the data controller in managing its e-commerce Website. If respondents wish to request access to their data, to limit use, or to limit disclosure, they can contact FifthTheory to request such information or action. Please be aware that FifthTheory may in return ask for additional details and information to validate that a requester is in fact the person purported to be, and that a request is valid before any PI is shared, changed or destroyed.
More specifically, to access or correct PI, that has been collected by FifthTheory on this Website, contact FifthTheory by completing and submitting the “Contact Us” form found on this Website. The types of requests that respondents can direct to FifthTheory include the following:
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Right to rectification: Respondents might have the right to request that any information provided to FifthTheory be corrected that is believed to be inaccurate.
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Right to complete information. Respondents might also have the right to request that FifthTheory complete information believed to be incomplete.
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Right to erasure: Respondents might have the right to request that FifthTheory erase their PI.
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Right to restrict processing: Respondents might have the right to request that FifthTheory restrict the processing of their PI.
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Right to object to processing: Respondents might have the right to object to processing of their PI, under certain conditions.
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Right to data portability: Respondents might have the right to request that FifthTheory transfer the data that was provided over to another organization, or directly to themselves, under certain conditions.
Website Privacy Policy
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Information Collected: You may choose to provide personal information (such as your name, address, telephone number and email address) on this Website. Following are the ways you may provide the information, the types of information you may submit, and how we may use the information you provide.
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Contacting Us: You may choose to contact us through this Website or through our company website, www.fifththeory.com. If you email us or submit comments or questions using the “Contact Us” form on this Wdebsite, we will use the information you provide to respond to your inquiries. Contact is also available through the privacy@fifththeory.com email address.
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Cookies and Log Files: Like many companies, we use cookies and log files on our Website. Cookies are small text files that websites often store on the computer hard drives of visitors to their sites. A cookie contains a unique code which is used to recognize your computer when a user of your computer returns to a website that was visited previously. Log files are small text files that websites automatically create when a user visits a site. We use cookies and log files to enhance the online experience of our visitors and to better understand how our site is used. Cookies and log files may tell us, for example, whether you have visited our site before or whether you are a new visitor. The “help” portion of the toolbar on most browsers will tells you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. For further information about cookies that may be used on this Website, please refer to the Shopify Cookie Policy at https://www.shopify.com/legal/cookies.
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Account Applications: If you use this Website to create an account with FifthTheory, we collect the information requested on any account application forms used (e.g., contact information and order information). This information is used for internal purposes only, such as account establishment, billing, fulfillment of orders and organization service.
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Third Party Analytics: FifthTheory may use third party services (e.g., Google Analytics), to collect anonymous visitor data from the Website like IP addresses, browser types and referring pages and websites, to name a few types of information. FifthTheory may use these third party services to analyze marketing information such as visitor activity on the Website in order to better understand visitor interests and improve our services along with the customer experience.
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Website Security: We maintain administrative, technical and physical safeguards to protect against unauthorized disclosure, use, alteration or destruction of the personal information in our possession. We provide security controls using industry best practices (such as SSL encryption, secure coding standards) to protect the information you submit online against foreseeable hazards.
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Links to Other Websites: We may provide links to other web sites for your convenience and information. These sites may operate independently from www.FifthTheory.com and may not be under our control. These sites may have their own privacy notices in place, which we strongly suggest you review if you visit any linked websites. The entities that operate these sites are responsible for the content of their sites, any products or services they may offer through their sites, or any other use of their sites.
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Information We Share: We do not sell, rent, trade, or otherwise disclose personal information about our Website visitors, except as described herein. We may share the information you provide with distributors and 3rd-party service providers that are affiliated with FifthTheory, LLC. In doing so, we share only as much personal information as is necessary for each entity to perform the specified service. Each entity is contractually bound to use shared information only for the intended purposes of providing service to FifthTheory and related support activities as allowed by applicable laws or regulations. Such service providers are prohibited from using any FifthTheory customer’s personal information for their own purposes, such as marketing. We also may share information provided by our website visitors or disclose information about you if: (i) we are required to do so by law or legal process, (ii) legally requested by law enforcement authorities or other government officials, or (iii) we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity.
Privacy Statement Updates
We may update this policy at any time to make changes or for clarification purposes. This policy will also be updated when new privacy regulations are released by relevant jurisdictions (e.g., unions, countries, states, cities, and municipalities). Customers and other Website visitors are advised to review FifthTheory’s privacy policy periodically for updates and changes to be aware of current FifthTheory compliance policy, practices and procedures with respect to protecting personal data.
How to Provide Feedback and Contact Us
If you have any questions or comments about this Statement or FifthTheory’s privacy practices, please send an email message to privacy@fifththeory.com. You may also direct your privacy related questions or comments to the address below:
Attn: Chief Privacy Officer
FifthTheory, LLC
1220 N. Hoyne Avenue
Chicago, IL 60622
USA
