Five Across Privacy Policy

Five Across is committed to protecting your privacy.  We have prepared this Privacy Statement to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our web site, located at http://www.fiveacross.com, Five Across Connect, Instant Publisher, Instant Messenger and Services ("Five Across Services"), and other related services.  By submitting Personal Data through our web site, Five Across Services, or related services, you agree to the terms of this Privacy Statement. 

A Note to European Union Users

We adhere to the United States / European Union Data Protection Safe Harbor Arrangement, which can be located at http://www.export.gov/safeharbor (the "Safe Harbor").  YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY STATEMENT.  YOUR PERSONAL DATA MAY BE PROCESSED IN THE COUNTRY IN WHICH IT WAS COLLECTED AND IN THE UNITED STATES.  UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL DATA MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

A Note About Children

Our web site, Five Across Services, and related services are not designed for children under the age of 13.  We will not deliberately gather Personal Data about visitors in this age group, and do not collect any information with respect to age. 

Types of Data We Collect

Five Across collects Personal Data and Anonymous Data from you when you visit our site, when you send us information or communications, and/or when you download and use Five Across Services.  "Personal Data" means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.  "Anonymous Data" means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons.  We collect Personal Data and Anonymous Data, as described below. 

Personal Data You Provide to Us

We collect Personal Data from you, such as your first and last name, e-mail address, company name, and password when you download and install Five Across Services and create an account to log in to our instant messaging network.  We also retain information on your behalf, such as files and messages, that you store using your account.  If you provide us feedback via e-mail or contact us regarding an employment opportunity posted on our web site, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume.  We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via e-mail regarding support for Five Across Services.  We may also collect Personal Data, such as demographic information, from you via Five Across Services or at other points in our web site that state that Personal Data is being collected.  

Personal Data Collected via Technology 

To make our web site, Five Across Services, and related services more useful to you, our servers (which may be hosted by a third party service provider) collect Personal Data from you, including clickstream information (indicating the Uniform Resource Locator (URL) to and from which you navigate and information related to the web site pages you have visited), your browser type, your Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet), your domain name, and/or a date/time stamp for your visit.  Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our web site or access your account on our network.    

Personal Data That We Collect from You About Others

If you decide to create an account for and invite a third party to join our network, we will collect your name and e-mail address as well as the third party's name and e-mail address in order to send this e-mail and follow up with the third party.  You or the third party may contact us to request the removal of this information from our database. 

Personal Data Collected by Third Parties

Except as otherwise expressly provided in this Privacy Statement, only Five Across collects Personal Data through our web site, Five Across Services, or the related services provided solely by Five Across. Our partners may supply us with Personal Data, such as your calendars, tasks, notes, and address book information, in order to help us establish your account.  This Privacy Statement applies only to the use and disclosure of Personal Data that we collect while you use our web site, Five Across Services, or related services.  

Our provision of a link to any other web site or location, such as the PayPal and Digital River payment processing web sites, is for your convenience and does not signify our endorsement of such other web site or location or its contents.  When you click on such a link, you will leave our site and go to another site.  During this process, a third party may collect Personal Data or Anonymous Data from you.  We have no control over, do not review, and cannot be responsible for, these outside web sites or their content.  Please be aware that the terms of this Privacy Statement do not apply to these outside web sites or content, or to any collection of data after you click on a link to a third party.  

Use of Your Data

Five Across uses your Personal Data to facilitate the creation of and secure your account on our network, identify you as a user in our system, provide improved administration of our web site and Five Across Services, and improve the quality of experience when interacting with our web site and Five Across Services.  We also use your Personal Data to send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created.  We may use your Personal Data to send you administrative e-mail notifications, such as security or support and maintenance advisories, to respond to your inquiries related to employment opportunities or other requests, and to send promotional communications.    

We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you.  We use this Anonymous Data to perform statistical analyses of users' aggregate behavior so that we may enhance the content of our products and services and improve site navigation.  Five Across reserves the right to use and disclose Anonymous Data to third parties in its discretion.  

Disclosure of Your Personal Data

Except as otherwise stated in this policy, we do not generally sell, trade, or rent the Personal Data collected from our services to third parties.  However, we may share your Personal Data with third parties to conduct quality assurance testing, facilitate creation of accounts, provide technical support, or to provide you with specific services, such as synchronization of your contacts with other software applications, in accordance with your instructions.  These third parties are required not to use your Personal Data other than to provide the services requested by Five Across.  You expressly consent to the sharing of your Personal Data with our contractors and third party service providers for the sole purpose of providing services to you.   

If you opt-in to receive communications from us (as described below), we will periodically send you free newsletters and e-mails that directly promote the use of our site or the purchase of our products or services and may contain advertisements for third parties.  Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from those third parties.  

Regardless of any choices you make regarding your Personal Data (as described below), Five Across may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Five Across; or (b) protect or defend the rights or property of Five Across or users of Five Across Services or related services.

Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), we may in the future.  We may share some or all of your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Privacy Statement.  If another company acquires our company or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Statement.  

Control of Your Personal Data

Your Choices Regarding Your Personal Data

We offer you choices regarding the collection, use, and sharing of your Personal Data.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).  Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Statement.  

Accessing, Reviewing, and Changing Your Personal Data

You may change any of your Personal Data in your account by editing your "Settings" within the Five Across Services application.  

Security of Your Personal Data

Five Across is committed to protecting the security of your Personal Data.  We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. 

Five Across has implemented industry-standard electronic means of protecting your Personal Data.  We store Personal Data behind a computer firewall, a barrier designed to prevent outsiders from accessing our servers, and implement technology to detect intrusions.  We also require you to enter a password to access your account information.  In addition, Five Across protects your Personal Data from unauthorized physical access by storing your Personal Data in a controlled facility.  Except as provided elsewhere in this Privacy Statement, Five Across limits access to Personal Data in electronic databases to those persons (including employees and contractors) in Five Across's organization who have a business need for such access.  Lastly, we conduct regular internal audits and vulnerability scans to ensure compliance with these security measures and generate  security incident logs that track data useful in screening for attempted abuse of or unauthorized access to your Personal Data.

Even though Five Across has taken significant steps to ensure that your Personal Data is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that Five Across cannot fully eliminate security risks associated with Personal Data.

Questions Regarding This Privacy Statement

Contact Information

Five Across welcomes your comments or questions regarding this Privacy Statement.  Please contact us here.

Dispute Resolution

If you believe that Five Across has not adhered to this Statement, please contact us.  We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.  If you and Five Across are unable to reach a resolution to the dispute, you and Five Across will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org). 

Changes to This Privacy Statement

We may amend this Privacy Statement from time to time.  If we make material changes in the way we collect, use, and/or share your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our web site.  Any material changes to this Privacy Statement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site.  These changes will be effective immediately for new users of our web site, Five Across Services or related services.  Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  In any event, changes to this Privacy Statement may affect our use of Personal Data that you provided us prior to our notification to you of the changes.  If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us.  Continued use of our web site, Five Across Services, or related services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

This Privacy Statement was last revised on August 28, 2006.