5thPort Website Privacy Policy

Last Updated: 11/25/2020

Introduction

5thPort, LLC (“us,” “our,” or “we” or “5thPort”) respects your privacy and is committed to protecting it through our privacy practices as described in this Privacy Policy.

This Privacy Policy outlines the personal information we collect, how it is used, and the choices you have with regard to your personal information. This Privacy Policy applies to the Personal Information we collect directly from you or indirectly through our website (5thPort.com) and any other publicly available website owned by us that posts a link to this Privacy Policy (collectively “Site”). Such Personal Information may include, but not be limited to the type of data lists in the table below, the device you are using and related information technology, as well as any Personal Data that you may enter directly. Personal Data means personal identifying information as well as health information.

For information about our privacy practices in the 5thPort application itself, please see the 5thPort Application Privacy Policy.

Please read this Privacy Policy carefully to understand our Website policies and practices regarding your Personal Information. Use of our Site indicates your consent to the practices described in this Privacy Policy. If you do not agree with the practices described in this Privacy Policy, you should not use any of our Site. This Privacy Policy may change from time to time (see “Changes to Our Privacy Policy”) and your continued use of our Site after we make changes is deemed to be acceptance of those changes.

Children Under the Age of 13 and Minors

Our Site is not intended for use by children under 13 years of age and the 5thPort Application is not available for purchase by minors. No one under the age of 13 may directly provide any Personal Data or other information  to or on our Site.  We do not knowingly collect personal information directly from children under 13. If you are under 13, do not use this Site or provide any information on or through any of the Site features, make any purchases, use any of the interactive features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If it is determined that we received Personal Data that was submitted directly by a child under 13 without verification of parental consent, the information will be deleted. If you believe we might have any information submitted by a child under 13 without parental consent or verification, please contact us at info@5thPort.com.

THE INFORMATION WE COLLECT AND WHY

The table below describes the information we collect, why we collect the information, and the sources of the information.

Data Category  Purpose Sources
Contact information – e.g. name, email address, company name, and phone number. We use this data to communicate with you. We obtain this information directly from when you contact us.
Analytical Information – IP address, location data, and information about how you interact with the Site. We may use this data to learn more about how you interact with our Site and for security and fraud prevention purposes. We obtain this information when you visit our Site. We also use cookies, pixels, tags, and other online technologies when you interact with our websites and the websites of our affiliates. (See Cookies and Tracking Technologies below.)
Communications between you and us through our chat feature on the Site. We use this information to respond to requests from you. You provide us with this information when you communicate with us.

For EU residents, the legal bases we rely on to process your data in the ways described above are: (1) as necessary to perform a contract with you; and (2) as necessary for our legitimate interests, which may include improving our Site, promoting our Site, enforcing our legal rights, protecting our website and software, and complying with our legal and contractual obligations.

WITH WHOM WE SHARE THIS INFORMATION

Except as set out in this Privacy Policy, we do not disclose your personal information to any third parties. We do not disclose your information to third parties in exchange for money. Some state laws may define this sharing of data as a “sale” of data even though we do not receive money for sharing this data. (See California Residents below.) We may, however, share your personal information in the following circumstances:

  • Affiliates and Business Transfer. We may share your personal information with our affiliates. We also reserve the right to disclose and transfer all such information in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process.
  • Service Providers. We may share your personal information with third-party service providers who perform services on our behalf.
  • We reserve the right to share your personal information if required or permitted to do so by law.

The table below describes how we share your information.

Data Category  Shared with Service Providers and other Third Parties
Contact information – e.g. name, email address, company name, and phone number. We may share this information with our affiliates.
Analytical Information – IP address, location data, and information about how you interact with the Site. We may share this information with service providers that provide analytical services on the Site.
Communications between you and us through our chat feature on the Site. We may share this information with service providers that provide us with customer services.

CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

Shine the Light

California Civil Code Section 1798.83 permits California residents to request certain information regarding the disclosure of their personal information to third parties for direct marketing purposes and in some cases the ability to opt-out of such disclosures. To make such a request, please write to us at the following address:

Data Privacy Officer – 5thPort

5 Community Dr Ste 1

Augusta, ME, 04330-8088

California Consumer Privacy Act (CCPA)

California residents may request copies of the data collected about them in the past 12 months through the process described in the Contact Us section of this Privacy Policy.

We do not currently sell personal information about our customers who reside in California.

In addition to the rights listed in the Your Rights section below, California residents have the following rights:

THE RIGHT TO KNOW. You may request that we provide you with a list of the categories of personal information we have collected about you, the categories of sources from which it was collected, the business purpose for collecting or “selling” the information, and the categories of “third parties” to whom we disclosed or “sold” that information, for the past 12 months. You may also request that we provide you in machine readable format a copy of the specific pieces of personal information we have collected about you in the past 12 months. You may make a request to know up to two times in a 12-month period, subject to limitations described in the CCPA.

THE RIGHT TO DELETE. You may request that we delete any personal information that we have collected from you, subject to certain exceptions in the CCPA. For example, we may keep information necessary for security and fraud detection. We also may keep information needed to provide you goods or Site. When we respond to your request to delete, we will explain what (if any) information we have kept and why. Please note that the CCPA does not consider anonymized or pseudonymized information to be “personal information,” and we may “delete” your information by anonymizing or pseudonymizing it.

NON-DISCRIMINATION. You have the right to be free from discrimination for using these rights. We will not deny you goods or Site, charge you different rates, or give you different discounts because you used one of these rights.

Before we honor your rights to request information or delete information, we must verify your or your authorized agent’s identity. In certain cases, we may require you to provide additional information in order to verify your request. To exercise your rights, you can contact us at legal@5thport.com.

California Do Not Track Disclosure

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.

END OF CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

European Union Residents’ Rights

European Union residents have rights to access, correct, delete their information or to object to or restrict our processing of it in certain situations. No fee is usually required to exercise these rights, but we may need to collect additional information from you in order to verify your identity.

In certain circumstances, you may have the right to:

Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request erasure of your personal information, subject to certain exceptions. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

Object where we are processing your personal information for direct marketing purposes or where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. Generally, other than in relation to marketing, our processing of your personal data is in order to allow us to provide you a service, so we will likely be unable to provide the service to you without processing your personal data.

Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

In many countries, you have the right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal data.

When technically feasible, we will—at your request—provide your personal data to you or transmit it directly to another controller.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Links to Third Party Sites

Our Site may include third-party advertising and links to other websites. We do not have access to or control over the privacy practices, cookies or other features that advertisers and third-party sites may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Policy. We accept no responsibility or liability and makes no representations about the policies of these third parties. It is your responsibility to read these third parties’ privacy policies before visiting their site or choosing to share information with them.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we take measures to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Site. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our Site.

Changes to Our Privacy Policy

If changes to this Privacy Policy are made, we will notify you by revising the date on this Privacy Policy. We encourage you to stay informed about our privacy practices by reviewing the Privacy Policy whenever you interact with us. In certain cases, we may provide you with additional notice of changes to this Privacy Policy. Any change to this Privacy Policy will be effective immediately and your continued use of our Site indicates your consent.

Contact Us

If you have any questions about this Privacy Policy or would like to request access to your personal information, please contact us at: legal@5thPort.com or by mail at 5 Community Dr. Ste. 1, Augusta, ME, 04330-8088.