At 5AVE.com we realize that privacy is important to all of our customers. This statement outlines how we care for your privacy and it applies to information we collect when you visit the Site and information stored as electronic files and in hard copy.
The Site and the Services are hosted in and provided from the United States and are intended for visitors located within the United States. If you use the Site and/or the Services from the European Union, Canada, or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. The United States does not have the same data protection laws as the EU, Canada, and some other regions. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our business. By providing your Personal Information, you consent to the transfer of your personal data to the United States and the use of your Personal Information, in accordance with this Policy.
Collection and Use of Personal Information
What personal information we collect:
We collect Personal Information you and other consumers, prospective consumers, Site users, and other individuals and residents with whom 5AVE has contact (such as those served by internet-connected devices or household recipients of direct mail to “current resident”) provide to us and when you use the Site and/or our Services. We collect Personal Information in order improve our services, to deliver services and perform obligations under contracts we have with you, to comply with our own legal obligations, and for other purposes as described below.
Information You Give Us: For the purposes noted below, we receive and store any Personal Information you post to the Site or provide to us when you set up a User Account, sign up for our newsletters or promotions, or purchase products via our Site or Services. For example, if you order a product via our Site, we will ask you for information such as name, address, telephone number, e-mail address, and credit card number to process your order. We may use your e-mail address to send a confirmation and, if necessary, may use the other information to contact you for help to process the order. As indicated below, we may also use your e-mail address to notify you about special offers and promotions. You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Site or some of their features.
Automated Collection: We automatically receive and store certain types of Personal Information when you visit the Site, such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Site; the Internet address of the website from which you linked to the Site; any search terms you used to find the Site; the device identifiers and mobile and network information, and your actions on the Site. This information will be treated as Personal Information if we combine or link it to any of the identifying information above. Otherwise, this information constitutes aggregate information.
Credit Card Information: We will require your credit card information in order process purchases. This includes your name, credit card number, expiration date, billing address, and authentication codes or related information as needed to authorize the charge and complete the transaction. Credit card data is transferred over a Secured Sockets Layer (SSL) line if you are using a SSL enabled browser such as Microsoft Internet Explorer, Firefox, Safari, or Google Chrome. We also use SSL on other select pages where you enter Personal Information. This ensures that your Personal Information is encrypted as it travels over the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from http to https. After information reaches us it may be temporarily stored during the relevant purchasing process on a secure server that resides behind firewalls designed to block unauthorized access from outside 5AVE.com. We otherwise do not store credit card information.
Log Data: Our web servers may collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Sites. We use log data for troubleshooting purposes and to track which pages people visit in order to improve the Sites. We do not link log data collected to Personal Information. Third-party vendors may also collect aggregate log data independently from us.
Web Beacons: Some of the pages on the Site may contain electronic images known as web beacons that allow use to count the number of users who have visited those pages. These collect only limited information such as a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. These web beacons do not carry any personal Information and you cannot opt-out or refuse them. However, where they operate with cookies, you can render them ineffective by opting out of cookies or changing the cookie setting in your browser.
Marketing e-mails: We may use third party service providers to send our marketing e-mails. While there are no cookies in the e-mail, when an e-mail recipient clicks on a link to the Site included in the e-mail, a persistent cookie is placed on the user’s computer. This cookie is used to measure the effectiveness of our e-mail marketing efforts, better understand how our users navigate through the Site, and enhance user experience. To that end, we collect a variety of information about how users interact with our marketing efforts, including how many times the email is opened and/or clicked, the browser type used, operating system, user email program, etc. The cookie set by our service providers will remain on your hard drive for approximately thirty (30) days after the last time you clicked on the coded link in the e-mail, or until you delete it.
In addition, third parties that may assist with our marketing e-mails may use pixel tags that help us send the e-mail in a format you can read, to allow us to know which e-mails you act upon and to better target the content of future e-mails. We also use these tags to track the aggregate number of e-mails read and whether any of the links in the e-mail were accessed.
Advertisements: We may use third party service providers to serve and host our advertisements. These third parties use persistent cookies to track the number of times our site is accessed and whether the site was accessed from the advertisement. The cookies generated from the advertisements do not contain Personal Information and may remain on your hard drive three (3) or more years unless you delete them. If you do not want Personal Information about you used for this purpose, you may opt-out by following the procedure described below. Note, however, that where we use a third party to provide advertising, email marketing, or similar services, each such third party will have its own opt-out process, which it will manage and control. You will need to follow those procedures to opt-out of the services they provide.
Personal Profiles: We collect and maintain Personal Information about you to create a personal profile containing purchasing preferences and other information that you voluntarily provide to us when you create an account with us. Examples of the types of information we may collect for this purpose include your first and last name, and a valid email address. Creating and completing a member profile allows you to make orders more easily and also allows us to enhance your purchasing experiences.
How We Use Your Personal Information:
We may use the Personal Information provided or obtained through the Site to:
- Process orders;
- Perform research and analysis about your use of, or interest in, our products, services, or content;
- Communicate with you by email, regular mail, telephone, or mobile devices, about products or services that may be of interest to you either from us or from other third parties;
- Develop and deliver communications;
- Tailor your user experience;
- Develop and display third-party content and advertising tailored to your interests on the Site;
- Enforce our Terms;
- Manage our business;
- Notify you of changes to our services;
- Send you information you have requested;
- Process entries to a competition or promotion;
- Carry out obligations under any contract we have with you;
- Perform functions as otherwise described to you at the time of collection;
- In connection with the creation and maintenance of your User Account; and
- In connection with the processing, fulfillment, and shipment of any products or services you purchase.
In general, we do not share the Personal Information provided or obtained through the Site with third parties, except as described below and as otherwise specified in this Policy. We may share Personal Information as follows:
- With the third party or third parties that perform(s) maintenance and operation of the Site on our behalf. These parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information.
- With other third parties that perform services or functions on our behalf. We do not authorize such third parties to use your Personal Information for any other purposes.
- As we believe is necessary to comply with laws, statutes, or regulations, and/or to enforce this Policy and the Terms and to protect our rights and the rights of others.
- As required by a court or government agency or to respond to a claim by you or a third party.
- As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving 5AVE.com.
- As you may otherwise request or agree.
Service Providers: We use third party service providers to provide specific business support services to us which may involve limited access to Personal Information. We require these companies to use the information only to provide the contracted services and prohibit them from transferring the information to another party except as needed to provide the contracted services. Examples of such services include sending emails, conducting and administering promotions, executing surveys, providing customer service, performing business analysis, and processing payments. When we employ another company to perform a function for us, we only provide them with the information that they need to perform their specific function. We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.
Business Transactions: We may disclose your Personal Information as part of any merger, sale of company assets, or acquisition, as well as in the event of an insolvency, bankruptcy, or receivership. The recipient of Personal Information following such actions may have privacy policies that differ from those in this Policy. You will be notified via email and/or a prominent notice on the Site, and you may need to opt-out of the use of your existing information in a new manner.
Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), we may share your Personal Information with those organizations participating in the applicable event.
Other purposes: We may use and share Personal Information for other purposes with your consent.
Disclosure: Upon receipt of your appropriate request we may be required to provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information based on law relevant to you and the information requested. To submit such a request please contact us at privacy@5AVE.com
Other Privacy Policies: Any third parties to whom we may disclose Personal Information may have their own privacy policies that describe how they use and disclose Personal Information. Those policies will govern use, handling, and disclosure of Personal Information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.
Additional Information for International Visitors: While we do not direct our services to residents of the European Union (EU), it is possible that EU residents may access and use the Site. If we collect Personal Information from EU residents, we strive to do so in a manner in compliance with the General Data Protection Regulation (GDPR), including the following:
Consent: We collect and process Personal Information for which you have given your express consent at the time of collection. For example, we collect certain Personal Information when you elect to participate in one of our promotions. We also collect and process Personal Information in order to improve our Services, to deliver services and perform obligations under contracts we have with you, and to comply with our own legal obligations.
Sensitive Data: We do not collect Personal Information from visitors to the Site who have not also signed up with 5AVE.com to have an account with us.
Authorized Transfer: We also may disclose Personal Information for other purposes or to other third parties when you have consented to or requested such disclosure. Please be aware that we will disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We are not liable for appropriate onward transfers of personal data to third parties.
Data Processors: We may retain third parties to process or analyze personal Information we collect from the Site. For example, our Site may be maintained or hosted by a third party service provider, a promotion may be administered by a sales promotion agency, and/or products may be fulfilled by a wholesaler. We strive to ensure that these suppliers and other third parties who provide services for us are contractually obligated not to use Personal Information about you except as we authorize.
Profiling: We may analyze Personal Information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use Personal Information about you to detect and reduce fraud and credit risk.
Your Rights: Your applicable rights may include: (a) a right to withdraw your consent to the processing of Personal Information about you to which you have previously given consent; (b) a right to object to processing of Personal Information about you for the purpose of direct marketing; and (c) a right to have incorrect Personal Information about you corrected. You also have the right to obtain a copy of the Personal Information we have about you, although we reserve the right to charge a fee for this.
The Site is not directed at children, and we do not knowingly request or collect Personal Information (including information concerning a child or that child’s parents/guardians, any screen or user name that functions as online contact information for a child, any photograph, video, or audio file containing a child’s image or voice) directly from users under the age of thirteen (13) or from other web sites or services directed at children. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA; more information at https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule), we will not knowingly request or collect Personal Information from any child under age thirteen (13) without obtaining the required consent from the appropriate parent/guardian.
Corrections and Updates
If you want to view, delete, or modify Personal Information that is inaccurate, you may request to do so by sending an email to privacy@5AVE.com. Before making modifications, we require that you must and we verify provide only truthful, complete, and accurate information. We may limit your right to make changes to Personal Information where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the legitimate interests of other persons may be violated.
Please note that notwithstanding your request to change or delete information, we may be required to keep this information and not modify or delete it or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from the active database, but may remain in our archives. In some instances, however, information that you requested to be removed may be retained in certain files for a period of time in order to troubleshoot problems. In addition, some types of information may be stored indefinitely on back-up systems or within log files due to technical constraints or financial or legal requirements. Therefore, you should not always expect that all of your Personal Information will be completely removed from our databases in response to your request.
In addition to deleting Personal Information, you may choose to opt-out of receiving future newsletter, promotions or any other email communications from us by following the unsubscribe instructions included in the communications, or by contacting us via email as provided above. All promotional emails from us include an opt-out link that can be processed within twenty-four (24) hours. You may also opt-out of promotions by sending us an email in response with “unsubscribe” or “opt-out” in the subject line of the email. Opting out of promotional communications does not affect our communications with you via telephone or email related to any business we may have with you or other transactional emails.
We reserve the right to verify the identity of any person making a request to opt-out or to delete or modify Personal Information, to charge you a fee before providing access and to deny such requests, except as prohibited by law; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion we make for any reason.
Storing Your Personal Information
We will retain the Personal Information you give us or we collect for as long as you maintain your User Account or subscription to our newsletters or other content, participate in any of the social features on the Site, enter any promotions, use any of our other Services and for a reasonable time thereafter. We will retain and use Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you’d like to request that we delete the information you have provided to us, please contact us at privacy@5AVE.com and we will respond in a reasonable time. Please note that some or all of this information may be required in order for you to make use of Services and features available via the Site. If you remove this information, you may no longer be able to use these features.
We have reasonable security measures in place to protect against loss, misuse and alteration of Personal Information under our control. When you enter Personal Information to place an order or set up an account, we encrypt that information using secure socket layer technology (SSL). In addition, electronically stored Personal Information is stored on a secure network with firewall protection and access to our electronic information systems requires user authentication via password or similar means. We also employ access restrictions, limiting the scope of employees who have access to Personal Information. While we strive to safeguard Personal Information, we cannot guarantee or warrant the security of any information you disclose or transmit to us and you do so at your own risk.
Third Party Websites
Commercial Electronic Message Consent
By providing your email address to us through the Site, you have the opportunity to affirmatively and expressly consent to receiving commercial emails from us and those parties that process email communications on our behalf. These third parties may send you commercial emails in order to deliver the Newsletter, to provide you with more information about available products you have purchased, and to provide you with updates, special offers, and other information, including but not limited to Site updates.
Your California Privacy Rights
Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared.
Any request for a disclosure required under this California law should be sent to us via email at privacy@5AVE.com
Please note that under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
“Do Not Track”