COOKIE AND PRIVACY POLICY

COOKIE AND PRIVACY POLICY

Please take a moment to review our Privacy Policy so you can see how we protect and use the information you provide to us.

INTRODUCTION

The following statement outlines the privacy policy of the 5th Gear Marketing and its affiliated entities, and events (hereafter collectively “5th Gear”). Please forward any comments or concerns you may have regarding this policy to Eric@5thgearmarketing.com.

Our registered users (“members” and “non-members”) share their professional identities with 5th Gear, engage with our network of member companies, exchange knowledge and professional insights, and view and download relevant content. Content on some of our services is available to non-registrants (“visitors”).

1. INDIVIDUAL PRIVACY RIGHTS

1.1 Right of Access and Rectification of Your Personally Identifiable Information (PII)

You have the right to access the PII about you that 5th Gear possesses, for instance to make updates to it. Most changes to your PII can be made from your profile/preferences pages on our Sites. For any information that you cannot change, please email Eric@5thgearmarketing.com and we will make that change within 72 hours. Your identity must be verifiable via email or phone.

1.2 Right to Object to Processing PII

In addition to changing your PII, your profile provides you a means to opt out of receiving marketing communications from 5th Gear. You have the right to reject the processing of your PII except where processing is required by applicable law, or, where 5th Gear has a need to process it and processing is permitted by applicable law. Most communications have a means to opt out defined in them. If there is no means, contact Eric@5thgearmarketing.com, write to the address provided below, or call 5th Gear to opt out. Administrative and contractual emails about your account and services may still be sent.

1.3 Right Not to Provide Consent or to Withdraw Consent

5th Gear may rely on your consent to collect certain PII or use it in the way described in this Privacy Policy, in supplemental privacy statements, or in App- or Site-specific Privacy Policies. Where we rely on your consent, you have the right not to consent, and if you have provided consent, you have the right to withdraw your consent. The withdrawal of your consent does not affect the lawfulness of 5th Gear’s use of PII before you withdrew consent. Moreover, 5th Gear may have other bases, permitted or required by law, to preserve or continue using your PII.

1.4 Right of Erasure

You may have the right to have any PII removed from 5th Gear’s systems, although such removal may mean that 5th Gear can no longer provide services to your user account. For instance, if you are no longer a user of 5th Gear’s Services and thus it is no longer necessary for 5th Gear to use your PII, you may ask that 5th Gear erase any PII about you.

1.5 Right to Restrict Processing

You may have the right to ask that 5th Gear restrict use of your PII in certain circumstances, such as your belief that collection or use of the PII was not lawful, and where 5th Gear has a legal reason under which it is required or permitted not to erase such PII. In this circumstance, 5th Gear will maintain the PII in confidence and segregate it to prevent further use until 5th Gear is able to erase it.

1.6 Exercising Individual Rights

To exercise any of your individual rights in this section, please email Eric@5thgearmarketing.com or at 5th Gear’s General Contact Information below. Your identity must be verifiable via email or phone.

1.7 Children’s/Minor’s Privacy

5th Gear does not allow minors, meaning individuals under the age of 18, to utilize any of its services.

2. INFORMATION WE COLLECT

We collect PII including basic contact information (see paragraph 2.1 below), preferences regarding communication and research areas, online behavior and use of our services. See “How We Use Your Information” (Section 3) for further details. We do not collect payment (credit or debit card) information or healthcare-related information. When individuals pay us using a payment card, we do not have access to card information.

We collect only basic contact information and not payment or healthcare information.

2.1 Personal Information You Provide to Us

Your PII May Include:
Depending on your interactions with us your PII may include:

  • Your name
  • Your title
  • Email address
  • Mailing address
  • Phone number
  • Fax number

Ways in which PII might be provided to 5th Gear:

    • By registering for access to our Sites and Services, or attending a conference, webinar, or free resource (i.e., any form submission where you provide additional information above and beyond the information listed in number 1 above).
    • Submitting a form on our Sites including: contact, asset download.
    • Submitting a complaint or dispute to us in conjunction with data/privacy issues outlined below in the section titled “EU-U.S. Privacy Shield and Dispute Resolution”.
    • Emailing any 5th Gear employee for assistance.
    • Identifying yourself, beyond an anonymous inquiry, via any other means, such as in-person meeting, phone or postal mail.

Data Collected Through Downloading Content Using a 5th Gear Service
Some content on our website is accessible for non-members and visitors to download. In order to access this restricted content, you must fill in a form to let us know who you are. Information you supply could include, but is not limited to, your full name, email address, job title, name of employer, and phone number.

2.2 Anonymous Data We Automatically Collect

If you do not make yourself known to 5th Gear, your use of our content and services is anonymous. Anonymous data collected includes browsing and download activity on our sites, which will be matched to the information you provide once you make yourself known. Further details on how we collect anonymous data can be found under our cookie policy in Section 6 below.If you do not make yourself known to 5th Gear, you remain anonymous.

Examples of Data We Collect
When you access our content online via mobile phone, computer, tablet or any other device:

  • IDs or identifiable information of your device.
  • Cookies set by third-party data collection tools: Google API’s, Google GStatic, Google Analytics.
    Pages on the Sites visited.
  • Referring websites (websites linking to the Site accessed).
  • Your browser version, screen resolution, and operating system.
  • IP address from your ISP connection or mobile carrier.
  • Amount of time spent on each page of the Site.
  • Search inquiries using a Site search function.
  • Heatmap showing click activity.

Additional notices:
Also, 5th Gear may provide additional notices to you about the purposes of collecting PII at the time it is collecting the PII, for instance in connection with an enrollment for a program.

2.3 Service Use

Automated data we collect includes usage of our sites and apps, logins, content downloads, webinar registrations, and views. This data can also include cookies, device information, and IP addresses. See our cookie policy in Section 6 and “How We Use Your Information” in Section 3 for more information.

Data collection by 5th Gear employees is done through online surveys (using third-party software), email, and phone calls. Access to your personal information is restricted to those employees who need to know that information in order to process it and provide you with a personalized membership experience. These individuals are bound by confidentiality obligations and may be subject to disciplinary action, including employment termination, if they fail to meet those obligations. Event data we collect can include conference and webinars registrations.

We log your interactions with our services and resources.

2.4 Public Forums/Third-Party Websites
5th Gear’s Sites and affiliated entity websites may have public forums. Any information posted in a public forum is at your discretion; 5th Gear cannot prevent the public’s access to such information. If you are concerned about the privacy of information in public forums, please do not post any information in them. 5th Gear and its affiliated entities will obtain your consent before posting any information related to your identity. Examples of public forums are:

  • Comments to blogs
  • Testimonials (textual and video)

Should you wish to have any public forum data removed, please email Eric@5thgearmarketing.com or at 5th Gear’s General Contact Information below with a description of the specific content or information you wish to have removed from the public forum and where it appears. 5th Gear cannot resolve any issues where the data has displayed outside of its Sites. An example would be a Tweet that was made that displays in a feed on one or another of 5th Gear’s Sites. 5th Gear can remove the Tweet from its Sites, but cannot control what Twitter or Twitter users do with the tweet, such as retweeting it.

5th Gear frequently links to third-party websites. Any PII disclosed on those websites is outside of 5th Gear’s control; you should read their privacy policy before providing any PII.

3. HOW WE USE YOUR INFORMATION

How we use your data depends on whether you are a member, non-member, or visitor.

PII Disclosure or Sharing

5th Gear and its affiliates may disclose your data/PII:

To the extent required by law; if we have reason to believe that disclosure will assist in investigations relating to the security and protection of our systems; or in response to search warrants, subpoenas, other judicial or administrative process, national security letters, or other demands that compel the release of PII under applicable law.
In connection with a sale, merger, reorganization, or other transfer of 5th Gear’s business (including under bankruptcy proceedings).

To meet our contractual obligations where a vendor or third party is processing PII on our behalf. This is described further below.

Data Processors and Disclosure of Your PII

5th Gear may use the services of third parties. Those services include but are not limited to:

  • Website hosting
  • SaaS applications for customer relationship management and data analytics
  • Processing payments
  • Marketing automation tools
  • Various other SaaS applications for which 5th Gear controls data input

These third parties do not access your PII unless it is done as part of a contractual support obligation. Our third-party service providers are responsible for their own privacy policies and procedures, and 5th Gear has agreements in place with these third parties by which they agree to maintain the confidentiality of PII and process PII only in accordance with 5th Gear’s instructions.

3.1 How We Use Anonymous Data

Anonymous data is used to improve your experience with our sites and services. 5th Gear strives to provide the most compelling content at the right time during your journey with us. Anonymous data may also be used to track the effectiveness of our marketing campaigns.

We use anonymous visitor information to optimize our marketing efforts.

3.2 How We Use Your Personal Information
5th Gear does not sell or rent your personal information to third parties. However, we may sell, transfer, or otherwise share some or all of 5th Gear’s assets in connection with a merger, acquisition, reorganization, sale of assets of our business, or in the event of bankruptcy.

We do not sell your information.

3.3 Third-party Services

5th Gear may partner with third parties for the purpose of delivering products or services that are part of 5th Gear’s offerings. In those cases, it is necessary to convey names and email addresses of users to the third party in order to provide 5th Gear services. When these third parties receive such personal information, they commit to govern its use and disclosure with privacy practices that are at least as restrictive as 5th Gear’s privacy policy. In those cases, these third parties are under no circumstances permitted to send marketing communications directly to our users with the personal information provided by 5th Gear, or to use the personal information they receive for any purpose other than the delivery of 5th Gear products or services, unless, in the use of the product or service, the user elects to enter into a direct business relationship with the third party, opts in to receive marketing communications from the third party, or accepts terms and conditions for the use of the third party’s product or service. These third parties have their own privacy policies, which govern their products and services.

All third parties who work with 5th Gear and interact with our users must adhere to the restrictions presented in our privacy policy.

4. INTERNET ADVERTISING

5th Gear does not deliver third-party online advertisements on our websites, but we advertise our programs and services on others’ websites. Please familiarize yourself with those website operators’ or network advertisers’ privacy policies to understand their practices relating to advertising. 5th Gear does not provide any information we have collected about you, or relating to your usage of any 5th Gear Sites to advertising website operators or network advertisers.

Some advertising networks we use may be members of the Network Advertising Initiative (NAI). Individuals [SW1] may opt out of targeted advertising delivered by NAI member ad networks by visiting www.networkadvertising.org.

5th Gear does not display or deliver third-party advertisements on our Sites, but we do advertise our services on other sites. We do not provide your information to these advertisers.

5. 5th Gear COMMUNICATIONS AND ALERTS

5.1 Emails, alerts, and other communications

By opting in to receive 5th Gear communications or alerts, you agree to receive on occasion other correspondence from 5th Gear related to topics and other 5th Gear news and information that you consented to receive during subscription, registration, sign up, verbal communication, or other online action. In addition, we may contact you regarding your membership status. This type of information is for our internal use and is shared externally only in anonymous, aggregated form for generalized user analysis, or to enable third-party agents to send emails to you on our behalf. You will be contacted by email or otherwise only by 5th Gear unless you have also expressed interest in a partner’s event. See more details on how we share information with our partners under “5th Gear Conferences and Events” in Section 3 above.

Our website also includes a feature that enables 5th Gear to share links to its content through email at our users’ requests. The email address(es) that you supply in connection with this service will be used only to send the requested content. They will not be reused for any purpose. By making use of this feature, you are agreeing that you have permission to use the email addresses provided and that they have been obtained in a manner compliant with applicable anti-spam laws, including the federal CAN-SPAM Act.

6. USE OF COOKIES AND OTHER TECHNOLOGIES

6.1 Cookies

We may use (or we may contract with service providers to use) various technologies to collect information about your activities on our Sites.

To make 5th Gear Sites work properly, facilitate access to our Sites, and personalize your experience, we may assign your computer or device one or more “cookies.” A cookie is a small data file that our Sites and app save on your computer or mobile device when you visit our Sites, use the App, respond to surveys, or participate in polls. It enables our Sites to remember your actions, browsing activities, favorite content, and preferences (such as clicking “Remember me” during login). Whenever you sign into our Sites or the App, we will record your user ID in a cookie file on your computer or device.

Cookies do not give us access to your PII. Information collected by cookies may include:

  • Your browser or operating system
  • Your manner of connecting to the Internet (including the type of device you are using
  • Your Internet protocol (IP) address (not associated with a particular individual)
  • Data relating to malfunctions or problems occurring when you use 5th Gear Sites
  • App usage for statistical and research purposes

Additionally, we may collect information about other software on your device for the limited purpose of protecting your security or improving your online experience.

We use a combination of Google Analytics, marketing automation, and cookies on our Sites that identify your computer to help us analyze traffic patterns on our Sites as well as to provide you with a better experience by showing you content that matches your interests, improving content, and making the Sites easier to use.

Through the use of a cookie, 5th Gear may also automatically collect information about your online activity on our Sites, such as the web pages you visit, the links you click, and the searches you conduct.

Google Analytics uses cookies to help 5th Gear analyze how visitors use its Sites. The information generated by the cookies about your use of 5th Gear Sites includes your IP address, and will be transmitted to and stored by Google on its servers.

Google will use this information for the purpose of evaluating your use of our sites, creating reports on website activity, and providing other services relating to Internet usage. Google may also pass this information onto third parties when required to do so by judicial or administrative process or otherwise to the extent required by law, or when such third parties process the information on Google’s behalf.

By using one of our Sites, you consent to the processing of data about your visit by Google in the manner and for the purposes set out above.

If you so choose, you can opt out by turning off cookies in the preferences settings in your browser, or by downloading and installing the Google Analytics Opt-Out Browser Add-On from http://tools.google.com/dlpage/gaoptout.

5th Gear’s use of cookies conforms to industry standards. Should you wish to not have cookies enabled when using our Sites, you can adjust your browsers settings accordingly. However, this may cause issues in accessing information where authorization is required. Additionally, you can set your user preferences on your profile on our Sites to control how cookies are set.

We make use of cookies to maintain an easy-to-use web experience, but you may disable them in your browser. These cookies do not grant us access to your personal information.

6.2 Other Technologies

5th Gear may use standard Internet technology, such as web beacons (also called “clear GIFs” or “pixel tags”), locally stored objects (often referred to as “flash cookies”), and other similar technologies, to deliver or communicate with cookies and track your use of our Sites and content presented via the Sites. 5th Gear may also include web beacons in email messages or newsletters to determine whether messages have been opened and acted upon. The information 5th Gear obtains in this manner enables customization of the programs and services 5th Gear offers, and measures the overall effectiveness of 5th Gear’s online content and advertising campaigns.

We use web beacons/clear GIFs/pixel tags to track how users are interacting with our content. The information we gather is used solely to monitor the effectiveness of our communications and does not track your personal information.

6.3 Information Used by Third-Party Sites and Services

Third parties, such as vendors, advertising entities, and business partners, may use cookies and other technologies (such as web beacons) to collect information about your online activities. The purposes for collecting this information includes: to measure usage of our sites; to analyze, modify, and personalize advertising content on our sites; and to provide ads about goods and services we hope will be of interest to you. We do not have access to or control over cookies or other features these third parties may use, and the information practices of these third parties are not covered by this privacy policy. Some of these third parties may be network advertisers that offer you the option of not having this information collected.

5th Gear partners may use cookies, but 5th Gear does not have access to this information. Please read their privacy policies to learn more.

6.4 Links to Third-Party Sites

You may find links to other companies on our site with whom we have a relationship. 5th Gear is not responsible for the privacy practices of these third parties. We encourage you to read their privacy statements, as they may differ from ours.

5th Gear is not responsible for your experience should you click a link to an external site, such as a partner or sponsor.

7. Data security

5th Gear utilizes industry-standard administrative, physical, and technical safeguards to protect personal information received from our users and website visitors. 5th Gear will protect PII by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Safeguards for 5th Gear’s internal systems and infrastructure include transport layer security or secure sockets layer protocols to protect and encrypt PII in transit, firewalls and data encryption at rest. These methodologies, unfortunately, cannot 100% guarantee that Internet transmissions will be protected, secured, or not otherwise intercepted.

5th Gear is committed to maintaining reasonable and appropriate administrative, physical, and technical safeguards to:

  • Provide assurances of the integrity and confidentiality of personal information.
  • Protect against any reasonably anticipated threats or hazards to the security or integrity of personal information, and unauthorized uses or disclosures of personal information.
  • Maintain compliance with the legal framework of requirements for the privacy and security of personal information.

We use a payment gateway for the collection of payment card information. That payment gateway is responsible for the protection of payment card information under the Payment Card Industry (PCI) Data Security Standard.

5th Gear takes data security very seriously and has implemented various physical and electronic safeguards to keep your information secure.

8. ACCESSING AND MAKING CHANGES TO PERSONAL INFORMATION

If you would like to access personal information we may have about you or to make changes or updates to that information, please contact us at Eric@5thgearmarketing.com.

Please contact us to review, change, or update the information 5th Gear has about you.

9. EU-U.S. PRIVACY SHIELD AND DISPUTE RESOLUTION

5th Gear complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. 5th Gear has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Liability for onward transfers. 5th Gear uses a limited number of third-party service providers to assist us in providing our services to customers. These third party providers assist with the transmission of data, and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services. 5th Gear maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our Privacy Shield obligations, and 5th Gear may be liable if they fail to meet those obligations and we are responsible for the event giving rise to the damage.

With respect to PII received or transferred pursuant to the PSF, 5th Gear is subject to the regulatory enforcement powers of the Federal Trade Commission (hereafter “FTC”).

In compliance with the PSF, 5th Gear commits to resolve complaints about your privacy and our collection or use of your PII. Should you, and specifically anyone who is a citizen of a member state of the European Economic Area, have any privacy or data issues, please contact 5th Gear:

5th Gear
C/O Privacy – IT Security
1515 Wynkoop, Suite 360
Denver, CO 80202

Or via email at Eric@5thgearmarketing.com

5th Gear has further committed to referring unresolved privacy complaints under the PSF to the independent recourse mechanism offered by JAMS. If you have an unresolved privacy or data related violation that 5th Gear has not responded to in three days and effectively resolved within 45 days, please file a complaint with JAMS https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim (free of charge). Additionally, you may contact the FTC (free of charge) via https://www.ftccomplaintassistant.gov/. The PSF outlines your rights at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint.

5th Gear has further committed to refer unresolved PSF complaints to ICDR/AAA Privacy Shield Program, an alternative dispute resolution provider located in the United States. ICDR/AAA provides binding arbitration as an additional dispute resolution mechanism if the JAMS dispute resolution does not resolve your complaint. If the Privacy Shield procedures have not addressed your complaint to your satisfaction, please contact or visit go.adr.org/privacyshield.html for more information or to file a complaint. The services of ICDR/AAA are provided at no cost to you.

If you believe the security of your PII has been compromised via any of 5th Gear’s Sites, contact us immediately at 800-413-4579 and ask for IT.

10. GENERAL CONTACT INFORMATION

5th Gear Marketing (5th Gear)
6816 Hyde Park Drive, Unit G
San Diego, CA 92116

Phone: 619-376-6612
Eric@5thgearmarketing.com

11. AMENDMENTS TO THIS POLICY

5th Gear reserves the right to amend this Privacy Policy from time to time. Please check back when you use 5th Gear’s Sites or communicate with 5th Gear to ensure that you continue to agree with its terms. Your continued use of 5th Gear’s Sites and services or continued communications with 5th Gear indicates that you continue to agree to the terms of this Privacy Policy, as 5th Gear amends them from time to time.

This privacy policy was last updated February 27, 2020.

We are always open to feedback regarding our privacy policy.