Privacy Policy

This Privacy Policy describes how 5 SENS Inc. (“5 SENS,” “we,” “us,” and/or “our”) handle personal data we collect online (e.g., through our websites) and offline (e.g., through customer support channels, our retail locations, and in-person promotional activities) (collectively, the “Services”). This Privacy Policy explains the types of personal data we collect and process, how we may use and share the data, and the choices that are available to you with respect to our handling of your data.

By accessing the Services on any computer, mobile phone, tablet, or other device, making a purchase from 5 SENS, or otherwise interacting with 5 SENS, you agree to the terms of this Privacy Policy. If you do not agree to the Privacy Policy, please do not use the Services.

 We may modify this Privacy Policy at any time, and will post the current version on this website with the date the Privacy Policy was last revised. If we make any material changes, we will provide you with additional notice. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the information we collect. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Services after the date such revised Privacy Policy is posted.  

INFORMATION WE COLLECT DIRECTLY FROM YOU

We collect the information you provide directly to us, such as when you open an account, place an order, ask to receive emails, or interact with us on social media. This personal data may include:

  • Contact information, such as your name, email address, mailing address, and phone number;
  • Account information, such as your username and password;
  • Billing information, such as credit card details and billing address;
  • Optional information you may choose to provide, such as your date of birth, gender, social handles, and color preferences;
  • Any other information you choose to provide; and
  • Products you purchase or express interest in.

Referral Program. If you choose to use our refer-a-friend service to tell a friend about 5 SENS, we may collect your friend’s name and email address in order to send your friend an email and (if you so choose) one follow-up reminder email inviting them to shop with us. We store information about the individuals you refer in order to send these emails and to administer and track the success of our referral program.

INFORMATION WE COLLECT FROM OTHER SOURCES

When you access the Services through a social network, we collect information from the social network in accordance with your settings on the social network. This information may include friends or followers, check-ins, and likes, and you may choose to grant or deny us access to such permissions. For more information regarding any such permissions, refer to the permissions reference pages of the social media networks with which you have an account. For more information regarding Facebook and Instagram permissions, refer to the Facebook Permissions Reference page.

As explained above, if you interact with us on social media, we will collect information about those interactions. The information we may collect includes your name, picture, and email address.

We may also collect information about you from third parties, including mailing list providers and publicly available sources, or friends that refer you to 5 SENS.

INFORMATION WE COLLECT BY AUTOMATED MEANS

When you visit our Services, we collect certain information automatically. The information we collect automatically may include:

  • URLs that refer visitors to our Services;
  • Search terms used to reach our Services;
  • Details about the devices that are used to access our Services (such as IP address, MAC address, browser information, device information, and operating system information);
  • Details about your interaction with our Services (such as the date, time, length of stay, and specific pages accessed during your visits to our Services, and which emails you may have opened); and
  • Usage information (such as the number and frequency of visitors to our Services).

To collect this information, we may use cookies, web beacons, and similar technologies. A “cookie” is a small text file that websites send to a visitor‘s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as a pixel tag or clear GIF, is used to transmit information back to a web server.

We may use cookies, web beacons, or similar technologies to: (1) allow you to use the Services without having to re-enter your username and password; (2) enhance or personalize your Services usage and shopping experience; (3) monitor Services usage; (4) manage the Services; and (5) improve the Services and our products and services, including providing you with interest-based advertisements. For more information on our advertising, see “Analytics and Interest-Based Advertising Services” below. For information on how to restrict the use of cookies, see “Restricting Cookies” below.

We may combine the information we collect through cookies, web beacons, or other technology tools with other information we have collected from you or information from other sources. For instance, we may associate this information with your 5 SENS  account if you have one, the device you use to connect to our Services, or email or social media accounts that you use to engage with 5 SENS . We may also collect information about your online activities over time and across third-party websites. We may use such information to draw inferences about you, such as your location based on your IP address or products you might like based on your browsing history on the Services.

AGGREGATE, DEIDENTIFIED INFORMATION.

We may use aggregated, deidentified information from the above sources for statistical analysis, research, and other purposes. Aggregate, deidentified information is not “personal information,” “personal data,” or “your” information or data under this Privacy Policy or under law.

HOW WE USE YOUR INFORMATION

We may use the information we collect to:

  • Fulfill and manage purchases, orders, payments, and other transactions related to the Services;
  • Communicate with you about our Services, including to message you about your account or order, tell you about products, coupons, promotions, or other Services that may be of interest to you, or notify you of updates to the Services;
  • Respond to your requests, inquiries, comments, and suggestions;
  • Facilitate your engagement with the Services, including to enable you to create and manage your account, post comments and reviews, and engage in user-to-user interaction;
  • Offer contests, sweepstakes, or other promotions;
  • Personalize the advertisements you see and your use of the Services by generating a profile based on your preferences, interests, and purchasing and browsing histories;
  • Monitor and analyze usage and trends to improve your experience using the Services, including repairing any errors affecting the functionality of our Services;
  • Conduct or administer surveys and other market research, including requesting feedback and contacting you about your use of the Services;
  • Perform other business activities as needed;
  • Assist law enforcement and respond to subpoeas;
  • Comply with our legal obligations, including your rights recognized by law or regulatory requirements; and
  • Protect against, identify, investigate, and respond to fraud or other illegal activity.

HOW WE SHARE YOUR INFORMATION

We may share the information we collect:

  • With service providers that perform services on our behalf, such as those that provide shipment and payment services, customer service, and marketing or technical support;
  • With select partners as a part of co-sponsored promotions;
  • To comply with a legal or regulatory obligation, protect and defend 5 SENS ’s rights or property, protect the safety of our customers and Services users or the public, and protect against legal liability;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company;
  • Between and among 5 SENS’ current and future parents, subsidiaries, affiliates, and other companies under common control and ownership; and
  • With your consent and at your direction.

If you are in the United States, we may also share information about you with select third parties so that they can communicate with you about products or services that may be of interest to you. For information on opting out of such disclosure to third parties, see “Opting Out of Email and Third-Party Marketing” below. 

We may share aggregate, non-personally identifiable information about Services users with third parties as well.

When you provide a product review or other user content, that content will be publicly posted. Other users may be able to see your name or other information about you that you post, so you should use care before posting information about yourself online.

ANALYTICS AND INTEREST-BASED ADVERTISING SERVICES

We may allow others to provide analytics services and serve advertisements on our behalf across the internet, in mobile applications, and other Services. These entities may use cookies, web beacons, and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by 5 SENS  and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity.

We may also ourselves, or with third party vendors, use information we collect in connection with vendor information to deliver targeted advertising to you across websites and mobile applications. Cookies and other similar technologies described above may be used in this process. For example, if you are searching for information on or have purchased a particular product, we or our vendor may cause an advertisement to appear on other websites or applications you view with information on that product.

 

We believe that such advertising, sometimes called “interest-based” advertising, is helpful because you will see advertisements that are relevant to your interests. However, you have the choice to tell us not to collect and use this information, and in some jurisdictions, we may only engage in interest-based advertising if you opt in. If you would like more information about this practice and to know your choices concerning interest-based advertisements, visit:

http://www.networkadvertising.org/choices/

 www.aboutads.info/choices

RESTRICTING COOKIES

Most web browsers are set to accept cookies by default. You can usually choose to set your browser to remove or reject browser cookies. You can usually also manually delete individual cookies or all of the cookies on your computer. These options will be on your browser, and the browser will usually have help file directions that you can follow. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. 

You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis. Note that browser-management tools for cookies are outside of our control and we cannot guarantee their effectiveness.

OPTING OUT OF EMAIL AND THIRD-PARTY MARKETING

You may unsubscribe from our promotional emails at any time by following the instructions included in those emails, or by editing your account settings. If you opt out of receiving such communications, note that we may continue to send you non-promotional emails (such as order confirmation emails or emails about changes to our legal terms). We do not offer you the opportunity to opt out of receiving those communications.

If you do not want your personal data shared with any third party who may use such information for direct marketing purposes, you may opt out of such disclosures by sending an email to us at help@5sens.co.

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly. 

YOUR RIGHTS AND CHOICES MANAGING OR DELETING YOUR 5 SENS  ACCOUNT OR PERSONAL DATA

You may review, update, or modify your account information, including profile and contact information, at any time by logging into your 5 SENS  account. You may delete your 5 SENS account by emailing help@5sens.co. However, some information may be retained in our files for permitted or required uses, such as to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with legal requirements.

You may also exercise any rights, under and subject to applicable laws, to request access, correction, or deletion or restricted access to your personal data. As explained, we may need to retain some of your account data and other personal data for legally permitted purposes. If you are a California resident, your specific rights are detailed in the “California Privacy Rights” section below.

If you need assistance correcting or updating your personal data, or would like to request that we delete your personal data, please contact us at help@5sens.co.

CHILDREN

Our Services are not designed for children, and we do not knowingly collect personal data from children. If you have reason to believe that a child has provided personal data to us, please contact us at help@5sens.co, and we will endeavor to investigate and delete that information from our systems.

LINKS TO OTHER WEBSITES AND THIRD-PARTY CONTENT

We may provide links to third-party websites, services, and applications, such as Facebook, that are not operated or controlled by 5 SENS. This Privacy Policy does not apply to third-party services, and we cannot guarantee the safety and privacy of your information. We encourage you to review the privacy policies of any third-party service and take steps necessary to protect the privacy of your information before navigating to, or providing information to or through, such third-party service. The Services may also include an activity feed, social media buttons, and widgets, such as the Facebook "Like" button or "Share" button. Your interactions with these features are governed by the privacy policy of the third-party service that provides the feature. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services, or applications that may be linked to or from the Services. Please contact those websites directly if you have any questions about their privacy policies.

DATA RETENTION

Our retention periods for personal data are based on business needs and legal requirements. We retain personal data only for as long as is necessary for the fulfillment of the processing purpose(s) for which the data was collected, unless otherwise provided in agreements between you and 5 SENS or as required or authorized by law. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. Personal data that is no longer required to fulfill the identified purposes will be destroyed, erased, or made deidentified.

SECURITY

We maintain reasonable and appropriate measures designed to maintain information we collect in a secure manner. We have taken certain physical, electronic, and administrative steps to safeguard and secure the information we collect from visitors to the Services. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect and we cannot promise, and you should not expect, that your information will be secure in all circumstances.

CALIFORNIA PRIVACY RIGHTS

Users who are California residents may request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for their own direct marketing purposes, as well as the names and addresses of all such third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided in the “Contacting 5 SENS” section below.

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.

If you are a resident of California, the California Consumer Privacy Act (“CCPA”) provides you with other rights. The CCPA currently does not apply to our Services, but feel free to reach out to us if you have questions. We may be reached using the contact information in the “Contacting 5 SENS” section below.

VISITORS FROM OUTSIDE THE UNITED STATES - CROSS-BORDER TRANSFER

The Services may be hosted in the United States. If you are visiting the Services from outside the United States, your information may be transferred to, stored, and processed in the United States or other countries in accordance with this Privacy Policy. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using the Services and/or providing personal data to us, you consent to transfer of your information to our facilities as described in this Privacy Policy.

CONTACTING 5 SENS 

If you have questions or concerns regarding this Privacy Policy, or would like to update your preferences or the information we have about you, please contact us at the information provided below. We will take reasonable steps to respond to your request.

5 SENS Inc.:

801 South Miami Avenue

4305

Miami, FL 33130

help@5sens.co