Privacy Policy

 

5LINX® Enterprises, Inc. (“5LINX®”) is committed to your privacy. We obey all laws and regulations in the United States applicable to our use and disclosure of your information. Except as set forth in this Privacy Policy, we will not trade, sell, or disclose to any third party any form of PII (as defined below) without your consent and we will not disclose or make available any PII to any third parties seeking to market third party products without your consent. We have set forth this Privacy Policy to explain to you how we collect and use information from our Representatives/Customers who use services and products from 5LINX® (“Representatives/Customers”) and from visitors to our websites and from potential Representatives/Customers who have communicated, made contact or interacted with 5LINX® (“Visitors”), both in connection with online and offline services and products offered by 5LINX®.

Collection of Information

5LINX® shall collect personally identifiable information, including but not limited to name, physical address, e-mail address, telephone number, credit card information and other personal information (collectively, “PII”), from Representatives/Customers when initiating service and in connection with the provision or marketing of products and services. 5LINX® may collect PII from Visitors in connection with any visit to our websites, any communication about our services and products or other transactions or interactions with 5LINX®.

5LINX® may also collect non-personally identifiable information from Representatives/Customers and Visitors regarding usage of our services or our website (“Non-PII”). Non-PII may include website pages viewed, time spent using certain services, demographic data, cookies and other information which does not specifically identify any one individual.

“Cookies” are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with that website. Many websites use cookies for these purposes. We may use cookies to customize your visit to our websites and for other purposes to make your visit more convenient or to enable us to enhance our service.

You may stop or restrict the placement of cookies on your computer, including third party cookies, or flush them from your browser by adjusting your web browser preferences, in which case you may still use our website, but it may interfere with some of its functionality.

Anti-Spyware Policy

5LINX® believes that Spyware is a threat to consumer privacy and a consumer’s experience online. Therefore, we forbid any 5LINX® employee, agent, partner, affiliate or contractor from intentionally deploying or using Spyware (as defined in this policy) on behalf of 5LINX®. Spyware refers to any executable software application that is installed on a user’s personal computer and covertly gathers and transmits PII through the user’s Internet connection without the knowledge or consent of the user. Cookies and web beacons are not considered Spyware. Spyware may gather PII, such as e-mail addresses and credit card information, and may even alter personal computer settings. Intentional use of Spyware by any 5LINX® employee, agent, partner or affiliate on 5LINX®’s behalf will not be tolerated and will be considered grounds for dismissal, contract termination and/or loss of payment.

Use of Information

5LINX® will use PII (1) to market products and services to Representatives/Customers and Visitors that 5LINX® believes may be of interest to them, (2) to provide services and products requested by Representatives/Customers and Visitors and (3) to enable its vendors and contractors to provide and assist 5LINX® in the marketing and provision of such services and products to 5LINX®, Representatives/Customers or Visitors. However, we will not share your credit card information with any third parties unless they are involved in processing payments for services that you have purchased from 5LINX®. 5LINX® only works with partners whom we believe maintain high standards with respect to

privacy and consumer rights.

5LINX® may also use and disclose PII to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our service or network, to investigate fraud or violations of our Terms of Service, as required by courts or administrative agencies or in connection with a sale, merger or reorganization of 5LINX®’s business.

Non-PII may be shared with any number of third parties by 5LINX®.

CPNI

In the course of providing services to you, we collect and maintain certain customer proprietary network information (“CPNI”). CPNI includes the types of services you currently purchase, related usage and billing information for those services. Your telephone number, name and address are not CPNI. We value our relationships with our Representatives/Customers and are committed to respecting and protecting your CPNI. Accordingly, we do not sell, trade or share your CPNI, including your calling records outside of 5LINX®’s family of companies or with anyone not authorized to offer our products or services, or to perform functions on our behalf except as authorized by you or required by law. Generally, we can use your CPNI to offer additional services to you, and for billing and collections purposes. We can also disclose your CPNI for legal or regulatory reasons, including in response to subpoenas and court orders. We can also use CPNI to investigate fraud and to prevent violation of our Terms of Service and unlawful use of our network, services and other Representatives/Customers.

Security

5LINX® has invested and deployed a wide variety of technology and security features to make reasonable efforts to ensure the privacy of information on its network. In addition, 5LINX® has implemented operations guidelines to ensure Customer and Visitor privacy is safeguarded at every level of its organization. 5LINX® will continue to revise policies and implement additional security features as new technologies becomes available. However, no system or service can give a 100% guaranty of security, especially a service that relies upon the public Internet. Therefore, you acknowledge the risk that third parties may gain unauthorized access to your information when using our services.

Communications

5LINX® will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using 5LINX® services except as required to ensure proper operation of services or as otherwise authorized by law.

You should be aware that any PII which you voluntarily include and transmit through publicly accessible forums (i.e., such as chat rooms, blogs, instant messages, listservs) may be viewed and used by anyone with access to such forums. 5LINX® is unable to control such uses of your PII, and by using such services you assume the risk that the PII provided by you may be viewed and used by third parties.

Account Information

Subject to certain security requirements, 5LINX® will do its best to honor requests from Representatives/Customers for account information, for example, name, address, company, or billing information. The Customer is responsible for ensuring that the information on file with 5LINX® is current and accurate.

Children’s Privacy Policy

5LINX® does not sell products or services for purchase by children. 5LINX® does not knowingly solicit or collect PII from children or teenagers under the age of eighteen. If you believe that a minor has disclosed PII to 5LINX®, please click here to report this to us.

5LINX® Spam Policy

5LINX® has zero tolerance for spam. Spam complaints will be dealt with seriously and can result in losing 5LINX® privileges.

Third Party Websites and Services

Our service may contain links to other websites and services not maintained by 5LINX®. In addition, other websites and services may also reference or link to 5LINX®. We encourage you to be aware when you leave our service, or surf the Internet, and to read the privacy statements of each and every website and service that you visit. We do not endorse, screen or approve, and are not responsible for the privacy practices or the content of, such other websites and services.

5LINX® does not assume any liability for third parties that have been provided with information as permitted by this Privacy Policy or who have collected information as permitted by this Privacy Policy (such as advertisers using third party cookies).

Changes to policy

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time by posting such changes here. You should review this policy regularly for changes, and can easily see if changes have been made by checking the Effective Date below. However, if at any time in the future we plan to use PII in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use following the posting of any changes to this policy means you accept such changes.

Terms of Service

For Representatives/Customers, this Privacy Policy is subject to the 5LINX® Terms of Service or other agreements between you and 5LINX®. If you are a Customer, please refer to the Terms of Service or such other agreements regarding certain rights and limitations with respect to your use of 5LINX®’s services.

United States of America

Our service is maintained in the United States of America. By using our services, you authorize the export of PII to the USA and its storage and use as specified in this policy.

Questions

For common questions and answers regarding our privacy policy or to contact us by e-mail or by calling 585 359-2922 or writing to us at 275 Kenneth Drive, Suite 100, Rochester, NY 14623 USA.

Effective Date

This Privacy Policy was last updated on October 8, 2007.