5thPort Website Privacy Policy

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 section “Information We Collect”, 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.

Information We Collect

We collect two types of information from users:

  1. Personal Information: This includes information you voluntarily provide when filling out forms, such as your name, email address, phone number, or other identifiers you share when contacting us. It also includes:
    • Information provided when you or your company register for our services.
    • Information shared when subscribing to a mailing list.
    • Data collected when registering for a webinar, event, or requesting access to whitepapers.
    • Login Information: When you create an account or log into our services, we collect and store authentication details such as usernames, encrypted passwords, and other login credentials.
  2. Non-Personal Information: Automatically collected data that does not directly identify you, such as:
    • IP address, browser type, operating system.
    • Interaction data, such as pages viewed, links clicked, and site usage patterns.
    • Information collected through analytics tools when visiting our website or logging into our services.
    • We use cookies and tracking technologies, including HubSpot, Google Tag Manager (Google Analytics 4), and Microsoft Clarity, to collect information about website interactions, page views, and user behavior to improve our services.

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.

Additional Data Collected During Website Browsing

When you browse our website, interact with our services, we may also collect:

  • Cookies (tracking identifiers for website analytics)
  • Geolocation information (based on browser or device settings)
  • Mobile / device information (device type, model, and technical specifications)
  • Browser information (type, version, language settings)
  • Operating system (platform and system configuration)
  • IP address (for security and analytics purposes)

How We Use Your Information

We use the information we collect for the following purposes:

  • To Provide and Improve Services: Deliver, maintain, and enhance the features and functionality of our website and services.
  • Communication: Respond to inquiries, provide customer support, and send important updates about our services.
  • Marketing: Send newsletters, promotional emails, and other communications about our offerings, subject to your preferences.
  • Compliance: Fulfill legal obligations, resolve disputes, and enforce our agreements.

Legal Basis for Processing

Legitimate Interest

Processing of Personal Data is based on the legitimate interests of 5thPort and its subsidiaries and affiliates to:

  • Continuously operate, improve, and personalize our services.
  • Develop new service offerings and enhance user experience.
  • Monitor the usage of our website and services for performance analysis.

Consent

We process your Personal Data based on your explicit consent when:

  • You voluntarily provide your Personal Data by filling out forms, subscribing to services, or registering for an account.
  • You explicitly opt-in to receive marketing communications or other services by ticking the relevant checkbox where required.
  • You provide specific permissions for cookies, analytics, or other tracking technologies.
  • You have the right to withdraw your consent at any time by following the opt-out mechanisms provided or by contacting us directly. To exercise this right, you can reach us at legal@5thPort.com or submit a request through the designated forms on our website.

Legal Basis for Processing (for EU Residents)

If you are located in the European Union, we process your personal information on the following legal bases:

  • Your consent.
  • Performance of a contract with you.
  • Compliance with a legal obligation.
  • Legitimate interests pursued by us, provided your data protection rights are not overridden.

Your Rights (for EU Residents)

You have the following rights regarding your personal data:

  • Access: Request details about the personal data we hold about you.
  • Rectification: Request corrections to inaccurate or incomplete data.
  • Erasure: Request the deletion of your data where applicable.
  • Objection: Object to the processing of your data for specific purposes.
  • Data Portability: Request transfer of your data to another organization.

To exercise these rights, please contact us using the information below.

Safeguards

We are committed to protecting your personal information and have implemented industry-standard security measures to safeguard it from accidental loss, unauthorized access, use, alteration, and disclosure. These measures include:

  • Encryption of sensitive data.
  • Access controls to limit unauthorized access.
  • Regular security audits to identify and mitigate risks.

We store personal data in the United States and retain it only as long as necessary to fulfill its intended purpose, in compliance with legal and regulatory requirements.

The security of your information also depends on you. If you have chosen a password to access certain parts of our site, you are responsible for keeping it confidential. Please do not share your password with anyone.

However, while we take strong precautions, no system can guarantee absolute security. The transmission of data over the internet is inherently vulnerable to unauthorized access, interception, or loss. Although we continuously improve our security measures, we cannot guarantee the absolute security of your personal information transmitted through our site. Any transmission is at your own risk, and we are not responsible for the circumvention of any privacy settings or security measures on our platform.

Rights of Data Subjects Under GDPR

If you are a resident of the European Union or are covered by the General Data Protection Regulation (GDPR), you have the right to:

  • Access the Personal Data we hold about you.
  • Correct or update inaccurate or incomplete information.
  • Request deletion of your Personal Data.
  • Restrict or object to the processing of your data.
  • Withdraw consent for data processing at any time.
  • Request data portability, meaning you can receive a copy of your data in a machine-readable format or transfer it to another controller.

To submit a Data Subject Access Request, please contact us at legal@5thPort.com.

Once we verify your identity, we will provide details on the data we hold, how we use it, and with whom it is shared, as required by law within one month as required by law. If your request is complex or numerous, we may extend this timeframe by up to two additional months, and we will inform you of any such extension within the initial one-month period. If you request corrections, deletion, or restrictions on your data, we will comply as permitted by applicable regulations.

We are committed to ensuring transparency and control over your Personal Data.

Privacy Policy for California Residents

5thPort has adopted the California Consumer Privacy Statement, which supplements the information contained herein and represents an Attachment to this Privacy Policy, an integral part of it. The California Consumer Privacy Statement applies solely to personal information, as defined in the relevant data privacy laws, collected about California consumers, including our website visitors, attendees of webinars and events, representatives of our business customers and partners, and job applicants.

To submit an access, correction, or deletion request, please contact us at legal@5thPort.com or by mail at 5 Community Dr. Ste. 1, Augusta, ME, 04330-8088. To opt-out of the sale or sharing of your personal information contact us at legal@5thPort.com.

Opting Out and Unsubscribing from the Mailing List

All our marketing communications contain an easy way to opt out of receiving future messages, such as a link through which you can unsubscribe.

If you would like to opt out of receiving marketing messages, you may use the unsubscribe link contained in the messages you have received, or alternatively, you may send 5thPort an email at legal@5thPort.com.

Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected or as required by applicable law.

Sharing Your Information

Except as outlined in this Privacy Policy, we do not disclose your personal information to third parties. We do not sell your personal information in exchange for money. However, some state laws may classify certain types of data sharing as “sale” even when no monetary exchange occurs (see California Residents below).

We may share your personal information in the following circumstances:

  • Affiliates & Business Transfers: We may share your information with our affiliates. Additionally, in the event of a merger, consolidation, restructuring, sale of assets, or other corporate change, we reserve the right to disclose and transfer your information, including during due diligence.
  • Service Providers: We engage third-party service providers to perform services on our behalf, such as payment processing, customer support, and analytics.
  • Business Partners: We may share information with partners who collaborate with us to expand our services and offerings.
  • Legal & Compliance Requirements: We may disclose your personal information if required or permitted by law, including responding to legal processes, protecting our rights, or ensuring compliance with regulatory obligations.

We take steps to ensure that any third parties with whom we share your data provide adequate protection for your information.

Security of Your Information

We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction.

Children’s Privacy

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.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal obligations. Any updates will be posted on this page with the effective date.

Copyright

The materials found on the Web Site are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Web Site are copyright (c) March 4, 2014, 5thPort. Permission is granted to view and print materials from www.5thPort.com for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of 5thPort, is strictly prohibited.

Trademarks

5thPort (is/are) trademarks or service marks of 5thPort.

No Warranties

www.5thPort.com does not make any express or implied warranties, representations, or endorsements whatsoever, including, but not limited to:

  • Implied warranties of merchantability
  • Fitness for a particular purpose

This applies to the website, its materials, any products, information, or services provided through the website, or any linked sites. 5thPort will not be liable for any cost or damage arising directly or indirectly from any such transaction.

The website does not guarantee that:

  • It will be uninterrupted or error-free.
  • Any defects will be corrected.
  • It will be available at all times, as it is provided on an “as is, as available” basis.

Limitation of Liability

In no event will the website, its members, managers, officers, employees, agents, or assigns be liable for:

  1. Incidental, consequential, or indirect damages, including but not limited to:
    • Loss of profits
    • Business interruption
    • Loss of programs or information
    • Other similar damages arising from the use or inability to use the website, materials, or information.

This applies even if 5thPort or its authorized representatives have been advised of the possibility of such damages.

    2. Claims resulting from errors, omissions, or other inaccuracies in the website, its materials, or listings and information downloaded through the website.

State-Specific Limitations:

Some states do not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, the website’s liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless the Web Site and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site and any violation of this Privacy Policy by you.

Contact Us

Questions or comments regarding the Web Site should be sent by email via our Contact Us form.

By using our services, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.

Data Privacy Officer – 5thPort

5 Community Dr Ste 1
Augusta, ME, 04330-8088
Effective Date: March 4, 2014

Last updated: February 11, 2025

California Consumer Privacy Statement

Effective Date: February 11, 2025

This California Consumer Privacy Statement (“Statement”) supplements the 5thPort Privacy Policy and applies only to California residents, in accordance with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). This Statement outlines how we collect, use, disclose, and protect Personal Information of California consumers, including website visitors, business contacts, and job applicants.

This Statement does not apply to 5thPort employees or contractors.

Notice of Collection and Use of Personal Information

We may collect and use the following categories of Personal Information:

  • Identifiers:
    • Name, email address, phone number, postal address
    • IP address and online identifiers (cookies, tracking technologies)
    • Account credentials (username, password, security questions)
  • Commercial and Business Information:
    • Records of services requested, considered, or obtained
    • Business contact details (for partners and corporate clients)
  • Internet or Network Activity:
    • Website interactions, browsing activity, and analytics data
    • Device information and log files
  • Professional or Employment Information:
    • Job applications, resumes, and employment inquiries
    • We collect this information for purposes including service delivery, customer support, security, legal compliance, and marketing.

Your Rights Under CCPA

If you are a California resident, you have the right to:

  • Know what Personal Information we collect, use, and share.
  • Request deletion of your Personal Information (subject to legal exceptions).
  • Opt-out of data sales or sharing (5thPort does not sell Personal Information).
  • Correct inaccurate Personal Information stored by us.
  • Limit the use of sensitive Personal Information where applicable.

How to Exercise Your Rights

To request access, correction, or deletion of your Personal Information, or to exercise any of your CCPA rights, you may:

Email us at: legal@5thPort.com or call us at: +1 (302) 299-1570

We will respond to verified requests in accordance with California law.

Updates to This Statement

We may update this California Consumer Privacy Statement from time to time. Any changes will be posted on this page with the updated effective date.

By using our website and services, you acknowledge that you have read and understand this Statement.

Cookie Policy

This Cookie Policy explains how 5thPort uses cookies and similar tracking technologies on our website. It also provides information on how you can manage cookie preferences.

By using our website, you consent to our use of cookies in accordance with this policy.

What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They help us recognize your browser, improve website functionality, and analyze visitor behavior.

Cookies We Use

We use the following types of cookies:

  • Essential Cookies: Required for core website functionality (e.g., login, security).
  • Analytics Cookies: Help us track website usage and improve performance.
  • Marketing Cookies: Enable personalized advertising and retargeting.

Tracking Technologies on Our Website

We use first-party and third-party cookies, including:

  • HubSpot Cookies

We use HubSpot analytics tools to track visitor interactions. These cookies help us:

  • Site performance tracking
  • Form submissions and session tracking
  • Marketing analytics

For more details, please review HubSpot’s Cookie Policy.

Third-Party Cookies Used on Our Website

  • Google Tag Manager (Google Analytics 4) – Tracks visitor interactions and traffic insights.
  • Microsoft Clarity – Provides heatmaps and session recordings for user behavior analysis.

How to Manage Cookies

You can control or disable cookies through:

  • Our Cookie Consent Banner: Adjust preferences when you first visit our website.
  • Browser Settings: Block or delete cookies through your web browser.

Note: Disabling certain cookies may affect website performance and functionality.

Updates to This Policy

We may update this Cookie Policy from time to time. Any changes will be posted on this page with the updated effective date.

For questions about our Cookie Policy, please contact us at legal@5thPort.com.