Privacy Policy

Effective: March 20, 2024

This Privacy Policy describes how 5 Dynamics collects, uses, and discloses information, and what choices you have with respect to the information.

Updates in this version of the Privacy Policy reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable by:

  1. Organizing it into the sections listed in the Table of Contents below,
  2. Providing a series of examples that help illustrate how the policies may be implemented by 5 Dynamics and
  3. Defining and capitalizing a few terms that are used more than once for simplicity and brevity.

When we refer to “5 Dynamics“, we mean the 5 Dynamics entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.

Table of Contents:

  1. Applicability of this Privacy Policy
  2. Information We Collect and Receive
  3. How We Use Information
  4. Data Retention
  5. How We Share and Disclose Information
  6. Security
  7. Changes to this Privacy Policy
  8. Data Protection Officer
  9. Identifying the Data Controller and Processor
  10. Your Rights
  11. Choice
  12. Data Protection Authority
  13. Data Privacy Framework
  14. European Data Protection Authority
  15. How to contact 5 Dynamics with any Inquiries or Complaints
  16. Access, Recourse, Enforcement, and Liability
  17. Accountability for Onward Transfer
  18. Disclosures and Transfers
  19. Contacting 5 Dynamics

Applicability of This Privacy Policy

This Privacy Policy applies to 5 Dynamics‘ online organization productivity tools and platform, including the associated Simpli5 application, simpli5.com and other 5 Dynamics websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with 5 Dynamics. If you do not agree with the terms, do not access, or use the Services, Websites or any other aspect of 5 Dynamics‘ business.

This Privacy Policy does not apply to any third-party applications or software that integrates with the Services through the Simpli5 platform (“Third Party Services”), or any other third-party products, services, or businesses. In addition, a separate agreement governs delivery, access, and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls their instance of the Services (their “Organization”) and any associated Customer Data. If you have any questions about specific Organization settings and privacy practices, please contact the Customer whose Organization with whom you are connected. If you have received an invitation to join an Organization but have not yet created an account, you should request assistance from the Customer that sent the invitation.

Information We Collect and Receive

5 Dynamics may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:

Customer Data. Customers or individuals granted access to an Organization by a Customer (“Authorized Users”) routinely submit Customer Data to 5 Dynamics when using the Services.

Other Information. 5 Dynamics also collects, generates, or receives Other Information:

  1. Organization and Account Information. To create or update an Organization account, you or your Customer (e.g., your employer) supply 5 Dynamics with a name and email address or similar account details. In addition, Customers may provide 5 Dynamics‘ payment processors (Stripe and Intuit) with billing details such as credit card information, banking information and/or a billing address.
  2. Usage Information.
  • Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, 5 Dynamics logs the Organization, people, features, content, and links you interact with, the types of information shared and what Third Party Services are used (if any).
  • Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration, plugins, language preferences and cookie data.
  • Device information. 5 Dynamics collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
  • Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. 5 Dynamics may also collect location information from devices in accordance with the consent process provided by your device.
  1. Cookie Information. 5 Dynamics uses cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy.
  2. Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the Services.
  3. Third Party Data. 5 Dynamics may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
  4. Additional Information Provided to 5 Dynamics. We receive Other Information when submitted to our Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with 5 Dynamics.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Organization setup details, is not provided, we may be unable to provide the Services.

How We Use Information

Customer Data will be used by 5 Dynamics in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. 5 Dynamics is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to an Organization, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.

5 Dynamics uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, 5 Dynamics uses Other Information:

  • To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security, or technical issues, analyze and monitor usage, trends, and other activities or at an Authorized User’s request.
  • As required by applicable law, legal process, or regulation.
  • To communicate with you by responding to your requests, comments, and questions. If you contact us, we may use your Other Information to respond.
  • To develop and provide search, learning and productivity tools and additional features. 5 Dynamics tries to make the Services as useful as possible for specific Organizations and Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content, or expertise to an Authorized User, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new productivity features and products.
  • To send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications, or other news about 5 Dynamics. These are marketing messages so you can control whether you receive them.
  • For billing, account management and other administrative matters. 5 Dynamics may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
  • To investigate and help prevent security issues and abuse.

If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, 5 Dynamics may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

Data Retention

5 Dynamics will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information. 5 Dynamics may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for 5 Dynamics to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

How We Share and Disclose Information

This section describes how 5 Dynamics may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and 5 Dynamics does not control how they or any other third parties choose to share or disclose Information.

  • Customer’s Instructions. 5 Dynamics will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
  • Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Organizations. For example, an Authorized User’s email address may be displayed with their Organization profile.
  • Collaborating with Others. The Services provide different ways for Authorized Users working in Organizations to collaborate, such as shared profiles. Other Information, such as an Authorized User’s content report information, may be shared, subject to the policies and practices of the Organization.
  • Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer accessing or modifying your profile details.
  • Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the sub-processors we use to support delivery of our Services is set forth at Sub-processors.
  • During a Change to 5 Dynamics‘ Business. If 5 Dynamics engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of 5 Dynamics‘ assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
  • Aggregated or De-Identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective 5 Dynamics customer the average amount of time spent within a typical Organization.
  • To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.
  • To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of 5 Dynamics or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
  • With Consent. 5 Dynamics may share Other Information with third parties when we have consent to do so.

Security

5 Dynamics takes security of data very seriously. 5 Dynamics works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. To learn more about current practices and policies regarding security and confidentiality of the Services, please see our Security Practices. Given the nature of communications and information processing technology, 5 Dynamics cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.

Changes to This Privacy Policy

5 Dynamics may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, 5 Dynamics will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact the Customer if you wish to request the removal of Personal Data under their control.

Data Protection Officer

To communicate with our Data Protection Officer, please email dpo@simpli5.com.

Identifying the Data Controller and Processor

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, 5 Dynamics is the processor of Customer Data and the controller of Other Information. 5 Dynamics LLC, a US company based in Austin, Texas is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Organizations established for Customers globally including those in the US as well as the rest of the world.

Your Rights

Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information.

To the extent that 5 Dynamics‘ processing of your Personal Data is subject to the General Data Protection Regulation, 5 Dynamics relies on its legitimate interests, described above, to process your data. 5 Dynamics may also process Other Information that constitutes your Personal Data for direct marketing purposes, and you have a right to object to 5 Dynamics‘ use of your Personal Data for this purpose at any time.

Choice

When 5 Dynamics collects Personal Data directly from Users, the company generally offers those Users the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant User. To the extent required by the Data Privacy Framework Principles, 5 Dynamics obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact 5 Dynamics as indicated below regarding the company’s use or disclosure of their Personal Data. Unless 5 Dynamics offers Users an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.

The above choice does not apply where the sharing of your Personal Data is with a third party who is acting as our agent (such as our service providers who perform services that help us to run our business). We won’t provide your Personal Data to a third party under these circumstances unless we have a contract in place with that third party that requires the third party to comply with the Data Privacy Framework Principles.

5 Dynamics shares User Personal Data with its affiliates and subsidiaries. 5 Dynamics may disclose User Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. 5 Dynamics also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution, or liquidation). Currently, 5 Dynamics does not have any subsidiaries.

Data Privacy Framework

5 Dynamics complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. 5 Dynamics has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. 5 Dynamics has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

European Data Protection Authority

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, 5 Dynamics commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF in the context of the employment relationship.

How to contact 5 Dynamics with any Inquiries or Complaints

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, 5 Dynamics commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact 5 Dynamics at: dpo@simpli5.com.

Access, Choice, Recourse, Enforcement, and Liability

Data Subjects have the right to access the Personal Data 5 Dynamics holds about them. If the Personal Data is inaccurate or processed in violation of the Data Privacy Framework Principles, a Data Subject may also request that Personal Data be corrected, amended, or deleted.

Data subjects have the right to opt out of (a) disclosures of their Personal Data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized. 5 Dynamics‘ customers and prospective customers are responsible for informing Data Subjects when they have the right to opt out of such uses or disclosures.

5 Dynamics‘ participation in any frameworks are subject to investigation and enforcement by the Federal Trade Commission.

Under certain conditions, Data Subjects may be able to invoke binding arbitration. 5 Dynamics is obligated to arbitrate claims and follow the terms as set forth in Annex I of the DPF Principles, provided that an individual has invoked binding arbitration by delivering notice to 5 Dynamics and following the procedures and subject to conditions set forth in Annex I of Principles.

5 Dynamics agrees to periodically review and verify any compliance, and to remedy any issues arising out of failure to comply.

Accountability for Onward Transfer

In the event we transfer Personal Data covered by this Privacy Policy to a third party acting as a controller, we will do so consistent with any notice provided to Data Subjects and any consent they have given, and only if the third party has given us contractual assurances that it will (i) process the Personal Data for limited and specified purposes consistent with any consent provided by the Data Subjects, (ii) provide at least the same level of protection and notify us if it makes a determination that it cannot do so; and (iii) cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination. If 5 Dynamics has knowledge that a third party acting as a controller is processing Personal Data covered by this Privacy Policy in a way that is contrary to these principles, 5 Dynamics will take reasonable steps to prevent or stop such processing.

With respect to our agents, we will transfer only the Personal Data covered by this Privacy Policy needed for an agent to deliver to 5 Dynamics the requested product or service. Furthermore, we will (i) permit the agent to process such Personal Data only for limited and specified purposes; (ii) require the agent to provide at least the same level of privacy protection as is required by the Privacy Policy; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the Personal Data transferred in a manner consistent with 5 Dynamics‘ obligations under the Privacy Policy; and (iv) require the agent to notify 5 Dynamics if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Policy. Upon receiving notice from an agent that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Policy, we will take reasonable and appropriate steps to stop and remediate unauthorized processing.

5 Dynamics remains liable under these principles if an agent processes Personal Data covered by this Privacy Policy in a manner inconsistent with the principles, except where 5 Dynamics is not responsible for the event giving rise to the damage.

Disclosures and transfers

We do not disclose an individual’s personal data to third parties, except when one or more of the following conditions is true:

  1. The third party is part of the Simpli5 application platform and required for the operation of the application, such as sending emails to the user’s email address.
  2. We have the individual’s permission to make the disclosure.
  3. The disclosure is required by lawful request by public authorities, including to meet national security or law enforcement requirements. 5 Dynamics is also subject to the authority of the Federal Trade Commission.
  4. The disclosure is required by law or mandatory professional standards. The disclosure is reasonably related to the sale or other disposition of all or part of our business.
  5. The information in question is publicly available.
  6. The disclosure is reasonably necessary for the establishment of legal claims.

Contacting 5 Dynamics

Please also feel free to contact 5 Dynamics if you have any questions about this Privacy Policy or 5 Dynamics‘ practices, or if you are seeking to exercise any of your statutory rights. You may contact us at support@simpli5.com or at our mailing address below:

5 Dynamics LLC 2802 Flintrock Trace, Suite 259 Austin, TX 78738
USA