Privacy Policy
This Privacy Policy outlines our policies and procedures on the collection, use, and disclosure of your information when you use the Service and informs you about your privacy rights and how the law protects you.
We use your personal data to provide and improve the Service. By using the Service, you consent to the collection and use of information in accordance with this policy.
Interpretation and Definitions
Interpretation
Words in which the initial letter is capitalized have meanings defined under the following conditions. These definitions shall have the same meaning whether they appear in singular or plural form.
Definitions
For the purposes of this Privacy Policy:
- Account means a unique account created for you to access our Service or parts of our Service.
- Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to FivePointFive, Inc, 626 Wilshire Blvd, Suite 410-H26, Los Angeles, CA 90017.
- Cookies are small files placed on your computer, mobile device, or any other device by a website, containing details of your browsing history on that website among its many uses.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to FivePointFive, accessible from http://www.fivepointfive.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:
- Email address
- Name
- Date of birth
- Location
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Health Data Integration and Use
Integration with Third-Party Health Applications and Devices:
FivePointFive integrates with various third-party health applications and wearable devices, including Apple Health, Apple Watch, WHOOP, and Oura Ring, to enhance your experience on our platform. This integration allows us to access specific health data that you authorize, enabling personalized insights and tracking the positive impacts of breathwork exercises on your well-being.
Types of Health Data Collected:
With your explicit consent, we collect and use the following types of data from your connected devices and health applications:
- Heart Rate Variability (HRV): To measure your stress levels and overall heart health.
- Heart Rate (HR): To understand your exercise intensity and recovery status.
- Resting Heart Rate (RHR): To assess your cardiovascular system's efficiency and fitness level.
These metrics are essential for providing personalized feedback and insights on how breathwork exercises influence your physical well-being.
Consent for Data Collection:
Your privacy is our priority. The collection of health data from third-party devices and applications is entirely voluntary and based on your explicit consent. Within our app, you will find clear options to authorize the integration with your health data, manage your preferences, and revoke consent at any time.
Use of Your Health Data:
The health data we collect is used exclusively to:
- Offer personalized breathwork exercises tailored to your current physical state and wellness goals.
- Track your progress over time, showing the impact of breathwork on your HRV, HR, and RHR, among other health metrics.
- Improve and innovate our services based on aggregate data analysis, ensuring we meet our users' needs effectively.
Data Privacy and Security:
We are committed to the highest standards of data privacy and security. Your health data is encrypted in transit and at rest, accessible only to authorized systems and personnel required to deliver the service you have requested. We do not share your health data with third parties without your explicit consent, except as required by law or to protect your vital interests.
For more information on how we protect and use your data, including your rights to access, correct, or delete your personal information, please contact support@fivepointfive.com
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Mailchimp
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/
Usage, Performance and Miscellaneous
We may use third-party Service Providers to provide better improvement of our Service.
Invisible reCAPTCHA
We use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google.
The reCAPTCHA service may collect information from You and from Your Device for security purposes.
The information gathered by reCAPTCHA is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/
U.S. Privacy Rights.
Your Rights Under the California Consumer Privacy Act (CCPA)
If you are a resident of California, you have the right under the California Consumer Privacy Act (CCPA) to:
- Know what personal data is being collected about you.
- Know whether your personal data is sold or disclosed and to whom.
- Say no to the sale of personal data.
- Access your personal data.
- Request that a business delete any personal information about a consumer collected from that consumer.
- Not be discriminated against for exercising your privacy rights.
For more information about these rights, or to exercise your rights, please contact us at support@fivepointfive.com.
California Privacy Rights Act (CPRA) Compliance
Introduction:
In alignment with the California Privacy Rights Act (CPRA), FivePointFive, Inc. is committed to safeguarding the privacy rights of our California residents. This section of our Privacy Policy outlines the rights provided to California residents under the CPRA and explains how to exercise those rights.
Your CPRA Rights:
As a California resident, you have the following rights under the CPRA:
- Right to Know: You have the right to request information about the personal data we collect, use, disclose, and sell about you over the past 12 months, including the categories of personal data and the purposes for which it was collected.
- Right to Delete: You can request the deletion of your personal data that we have collected from you, subject to certain exceptions.
- Right to Correction: You have the right to correct inaccurate personal information we hold about you.
- Right to Opt-Out of Selling or Sharing: You have the right to opt-out of the sale or sharing of your personal data with third parties. FivePointFive, Inc. does not sell personal data; however, if this practice changes, we will provide a clear mechanism for you to opt-out.
- Right to Limit Use of Sensitive Personal Information: You can request limitations on the use of your sensitive personal information for purposes that are not necessary to provide the services or conduct the business activities you have engaged in.
- Right to Non-Discrimination: We will not discriminate against you for exercising any of your CPRA rights.
Exercising Your Rights:
To exercise any of your rights under the CPRA, please contact us at the following:
Email: support@fivepointfive.com
Verification Process: Upon receiving your request, we will verify your identity before proceeding to ensure the security of your personal data. The verification process may require you to provide certain information, such as your name, email address, or other identifying information.
Authorized Agent: You may designate an authorized agent to make a request on your behalf. To use an authorized agent, please provide us with written authorization or a power of attorney, and we may also require you to verify your identity directly with us.
Response Timing and Format:
We aim to respond to your request within 45 days of receiving it. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Contact for More Information:
If you have any questions or concerns about your CPRA rights or our privacy practices, please do not hesitate to contact us at support@fivepointfive.com.
Rights Under State-Specific Privacy Laws
Virginia Consumer Data Protection Act (CDPA)
If you are a resident of Virginia, you have rights under the Virginia Consumer Data Protection Act (CDPA) including the right to access personal data, correct inaccuracies in your personal data, delete personal data, obtain a copy of your data in a portable format, and opt-out of the processing of personal data for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects on you.
Colorado Privacy Act (CPA)
Residents of Colorado have the right under the Colorado Privacy Act (CPA) to opt-out of the processing of personal data for targeted advertising, the sale of personal data, or profiling, access and correct their personal data, delete their personal data, and obtain a copy of their personal data in a portable format.
Utah Consumer Privacy Act (UPA)
For Utah residents, the Utah Consumer Privacy Act (UPA) provides rights similar to those in the above states, including the right to access and obtain a copy of your personal data, delete personal data, and opt-out of certain data processing activities.
Contact Us
If you have any questions or comments about this Privacy Policy, the ways in which FivePointFive, Inc. collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us: