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Privacy Policy

PRIVACY POLICY

Effective Date: June 30, 2024

Five9 and its subsidiaries and affiliates (collectively, “Five9,” “we,” “us,” or “our”) respect your privacy. Consistent with our commitment to handling your personal information in an open and transparent manner, this Privacy Policy describes our information handling and privacy practices and your choices with respect to your personal information.

Please carefully review this Privacy Policy to learn more about our information handling and privacy practices. You can also jump to a particular topic by clicking the following links:

This Privacy Policy describes how we use, disclose, and protect the personal information collected:

  • through our website, www.five9.com, and any other website where this Privacy Policy is posted or linked (collectively, the “Site”) and any services available through the Site;
  • in connection with our business development and marketing activities; and
  • through our other offline and business interactions with you.

Collectively, we refer to our online and offline interactions with you as the “Services.”

In this Privacy Policy, “personal information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. Personal information includes information that is defined as “personal data” in applicable data protection and privacy legislation in any relevant jurisdiction.

Please note that this Privacy Policy describes how we handle personal information as a “controller” or “business” (as these terms are defined in applicable data protection and privacy legislation) only.

This Privacy Policy does not apply to the personal information that we receive from or collect on behalf of our customers for processing on their behalf in connection with the delivery of our products and services to them (“Customer Personal Information”). Our processing of Customer Personal Information is subject to our customer agreements. Additionally, this Privacy Policy does not apply to the personal information that we collect from and about: (i) applicants and candidates for a position with Five9; or (ii) Five9 employees, contractors, and other personnel.

Individuals in the EEA, Switzerland, and the UK: If you are located in the EEA, Switzerland, or the UK, please review the “Supplemental Notice for Individuals in the EEA, Switzerland, and UK” (available here), which includes additional information about our information handling practices and your legal rights.

California Residents: If you are a California resident, please review the “Supplemental Notice for California Residents” (available here), which includes additional information about our information handling practices and your legal rights.

Other U.S. State Residents: Depending on your U.S. state residency, under applicable law, you may have certain rights in relation to your personal information. Please review the “Supplemental Notice for Other U.S. State Residents” (available here), which includes additional information about our information handling practices and the legal rights you may be entitled to exercise.

Depending on your use of the Services and how you otherwise interact with us, we may collect or obtain information from and about you in several ways, including: (1) directly from you; (2) automatically when you visit and interact with the Site; and (3) from third parties. Additional details regarding our collection of your personal information are included below.

Information collected automatically

When you visit and interact with the Site, we (and our service providers and partners) may use cookies, pixels, and other similar technologies to automatically collect certain information from your browser and/or device.

The specific types of information we (and our service providers and partners) may collect include:

  • Browser and device information, including the Internet Protocol (IP) address and/or other unique identifier(s) assigned to your device; the location of your device; and other information about your browser, device, and operating system.
  • Usage information, including information about your interaction(s) with the Site (e.g., the date and time of your visit(s); the area(s) or page(s) that you visit; the amount of time you spend on a page or using the Site; the domain name from which you accessed the Site; and other click-stream or usage information).

We (and our service providers and partners) may also use cookies or other similar technologies to collect information about your behavior on the Site (e.g., how you move and scroll through the Site, your keystrokes, how you interact with webforms, etc.) and the actions that you take upon receipt of an email from us.

Analytics

We use third-party analytics and tracking tools and services to better understand who is using the Site, how the Site is used, and how to improve the effectiveness of the Site and related content. We may also use the information collected to draw inferences. For example, we use Google Analytics to better understand how users interact with the Site. For information on Google Analytics’ information handling practices and how you can control the use of information sent to Google, please visit here. If you wish to prevent your information from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available at here.

Interest-based advertising

We use third-party tools and services to serve interest-based advertisements to you across the internet. These tools may include cookies, pixels, web beacons, and/or other similar technologies that automatically collect, store, and/or transmit certain information about your interaction(s) with the Site and other websites and mobile apps that you interact with and use across devices. Our third-party service providers and partners use the collected information to serve advertisements to you and measure the performance of our advertising campaigns. To learn more about your interest-based advertising choices, please see the “Your Choices” section below.

You may be able to adjust your device or browser settings to limit certain tracking or to decline cookies. Please refer to your device’s settings or your browser’s “Help” section for more information on how to delete cookies and/or disable your device or browser from receiving cookies or adjust your tracking preferences. Additional information about how to manage cookies can be found in the “Your Choices” section below.

Information collected from other sources

We may obtain your personal information from other sources, including our customers, our service providers, our business partners, and social media platforms.

The information that we receive from other sources may include contact information and internet or other electronic network activity information.

We may use the personal information that we receive from other sources to help us maintain the accuracy of or supplement the information we collect; personalize your experience with the Services; conduct internal business analysis; and fulfill other business or commercial purposes described in this Privacy Policy.

Combination of information

We may combine the personal information that we receive from and about you, including information you provide to us, information we automatically collect through the Site, and information we receive from third-party sources. Where applicable, we will use, disclose, and protect the combined information as described in this Privacy Policy.

We use the personal information we collect for the following purposes:

  • Providing the Services, including to operate, improve, maintain, support, and provide the Services.
  • Communicating with you, including to contact you for administrative purposes (e.g., to provide the Services and information that you request or to respond to your questions) or to send you important updates and communications about this Privacy Policy and/or other applicable terms and conditions.
  • Sending you marketing and promotional communications, including emails about products or services that we think may interest you. Details on how to exercise your choices with respect to marketing and promotional communications from us can be found in the “Your Choices” section below. Please note, we do not share the telephone number or any consent you provided to us to contact you to third parties to permit them to text you or contact you by telephone for their own telemarketing purposes.
  • Customizing and personalizing the Services, including to tailor the content we may share with you and otherwise personalize your experience with us based on your needs.
  • Engaging in interest-based advertising, including to serve you interest-based advertising online across the devices you may use. Details on how to exercise your choices with respect to interest-based advertising can be found in the “Your Choices” section below.
  • Conducting research and analytics, including to analyze usage trends and preferences in order to improve the Services (e.g., how we respond to customer service requests and support needs) and to develop new products, services, and features.
  • Maintaining security and preventing fraud, including to monitor and maintain the security of our systems and networks and to detect, prevent, investigate, and protect you, our business, and others from fraud, unauthorized transactions, and other unlawful or unsafe activity.
  • Satisfying our legal obligations, including to comply with applicable law and to respond to lawful requests and communications from law enforcement authorities and other government officials.
  • Supporting our business operations and business transactions, including to administer our general business and other related functions and to carry out sales or other business transactions.

  • For SMS Text Messaging. When you provide us with a telephone number, we may contact you by SMS text message. Message and data rates may apply. You can reply STOP to opt-out of further messaging. Our phone calls and text messages may be autodialed and/or involve the use of artificial/prerecorded voice messages. Your consent to receiving text messages or phone calls from us is not a condition of purchase of any Five9 product or service. We do not share the telephone number or any consent you provided to us to contact you to third parties, including partners or affiliates, to permit them to text you or contact you by telephone for their own telemarketing purposes.

    We will also use your personal information as described to you at the point of information collection or with your consent. Additionally, we will use your personal information as we believe necessary or appropriate to protect our rights, privacy, safety, property, and/or those of others.

     

We may disclose each of the categories of personal information we collect from and about you with the following categories of recipients:

  • Our Affiliates and Subsidiaries. We may disclose your personal information to our affiliates and subsidiaries to fulfill the purposes described in this Privacy Policy.
  • Our Service Providers. We may disclose your personal information to third parties that provide business, professional, or technical support services to us and/or administer activities on our behalf.
  • Our Analytics Providers. As described in the “Collection of Personal Information” section above, we use third-party analytics and tracking tools and services. In connection with our use of these tools and services, we may disclose your personal information to parties that assist us in performing analytics and help us measure the effectiveness of the Services and our marketing and advertising efforts.
  • Our Marketing and Advertising Partners. As described in the “Collection of Personal Information” section above, we use third-party tools and services to serve interest-based advertisements. In connection with our use of these tools and services, we may disclose your personal information to our marketing and advertising partners, including social media networks; third-party advertising networks; and other parties that assist us in serving, measuring the performance of, and optimizing our advertising campaigns. As described above, we do not share your phone number, to the extent collected, with marketing and advertising partners to enable them to send you text messages or to call you for telemarketing.
  • Governmental and Public Authorities. We may disclose your personal information to governmental and public authorities as required by the laws of any jurisdiction in which we operate, including in response to a subpoena, judicial proceeding, court order, investigative demand, or similar request.
  • Relevant Third Parties in Connection with a Business Transaction. We may disclose or otherwise transfer your personal information to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction as well as in the event of any insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
  • Other Parties. We may disclose your personal information to other parties as we believe necessary or appropriate either to: (1) comply with applicable law; (2) protect our operations and those of our affiliates and subsidiaries; (3) investigate and prevent against fraud and other illegal activity; (4) protect our rights, privacy, safety, property, and/or those of others; or (5) allow us to pursue available remedies or limit damages that we may sustain.

We may disclose your personal information for other reasons that we will describe at the time of information collection or prior to disclosing your information. Additionally, we will disclose your personal information with your consent or when you direct us to do so.

Please note that we may de-identify, anonymize, or aggregate personal information and disclose such information to third parties for various purposes as permitted by law.

We respect your privacy and provide you with the ability to make certain choices about how we use your personal information, as described below.

Marketing and Promotional Communications: You can opt out of receiving marketing and promotional communications from us at any time by following the instructions included in any marketing or promotional email that you receive from us. Please note that even if you opt out of receiving marketing and promotional communications from us, you will still receive non-marketing or transactional messages from us, including messages about your account and responses to your inquires/requests.

Cookies: As noted above, we (and our third-party service providers and partners) use cookies on the Site for various purposes, including for analytics and advertising purposes. You can customize or change your Cookie Preferences at any time. You may also be able to adjust your device or browser settings to limit certain tracking or to decline cookies. Please refer to your device’s settings or your browser’s “Help” section for more information on how to delete cookies and/or disable your device or browser from receiving cookies or adjust your tracking preferences. Additional information about cookies, including how to manage and delete them, can be found here.

Interest-Based Advertising: Certain websites/platforms and mobile devices allow you to exercise choices with respect to interest-based advertising, as described below.

  • Web browsers: You may be able to opt out of receiving interest-based advertising using the browser opt-out tools and consumer choice mechanisms provided by interest-based advertising self-regulatory groups by following the links below:
  • Mobile devices: You have the ability to control whether you see interest-based advertisements on your mobile device in the following ways:
    • Device settings: Your device operating system may provide mechanisms that allow you to opt in or opt out of the use of information about your usage of mobile apps to deliver interest-based advertising to your mobile device. For more information, consult your device settings.
    • AppChoices tool: The DAA offers a tool for opting out of the collection of cross-app information on a mobile device for interest-based advertising. To exercise your choices with respect to participating companies, please download the AppChoices tool available here: https://youradchoices.com/appchoices.

Access and Correct Personal Information: Through your account settings, you may access and, in some cases, edit or delete the information you have provided to us. If you want to request access to and/or correction of the personal information that we maintain relating to you, you can do so by emailing us at privacy@five9.com.

We implement and maintain reasonable administrative, organizational, and technical security measures designed to protect the personal information under our control.

However, no information transmission or storage system can be 100% secure. As a result, we cannot guarantee the security of your personal information. We have procedures in place to manage security incidents and breaches and will notify you and any applicable regulator where we are legally required to do so.

We will retain your personal information as long as necessary to fulfill the purposes outlined in this Privacy Policy, including to satisfy our legal or reporting requirements, unless a longer retention period is required or allowed under law.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information; the potential risk from unauthorized use or disclosure of the personal information; the purpose(s) for which we use the personal information; whether we can achieve the purpose(s) through other means; and the applicable legal requirements.

If we de-identify information, we will maintain and use the information in de-identified form and not attempt to re-identify the information except as required or permitted by law.

Five9 operates globally and engages service providers located around the world to help us deliver the Services. Accordingly, your personal information may be transferred outside of the country or region in which you reside, including to the United States (where Five9 is headquartered) and other countries where our data centers, affiliates and subsidiaries, service providers, and business partners are located. Where we transfer your personal information internationally, we do so in accordance with applicable law.

By using the Services, you acknowledge that your personal information may be transferred outside of your country of residence. You also understand that your personal information may be stored in the United States and may be subject to lawful requests by the courts or law enforcement authorities in the United States.

If you are situated in the European Economic Area, Switzerland, or the United Kingdom, please note that whenever we transfer your personal information to countries or regions that have not been recognized by the European Commission, the Swiss government, and/or the UK government as providing an adequate level of protection for personal information, we ensure that appropriate and suitable safeguards are in place to protect your information. In particular, we may use government-approved contracts (e.g., Standard Contractual Clauses) that provide appropriate safeguards for personal information that is transferred to countries that have not been recognized as providing an adequate level of protection. For more information about how we lawfully transfer your personal information internationally, please contact us as specified below.

The Site contains links to websites and services provided by third parties, which are not governed by this Privacy Policy. Any personal information you provide to the owner or operator of another website or third-party service is provided directly to the owner or operator and is subject to its privacy policy, even if accessed through the Site. We strongly recommend that you review the privacy policy of each website or service that you access prior to providing any personal information to make sure you understand what information is collected and how such information is used by third parties.

The Services are not intended for or directed to individuals under the age of 18, and we do not knowingly collect personal information from individuals under the age of 18.

We occasionally update this Privacy Policy to reflect changes in our products and services and customer feedback and/or changes in applicable law.

The “Effective Date” at the top of this page indicates when this Privacy Policy was last revised. If we make changes, we will revise the date at the top of this page and, in the case of material changes, we will provide you with additional notice (in accordance with applicable law).

Unless otherwise stated, the current version of this Privacy Policy applies to all personal information under our control. We encourage you to review this Privacy Policy periodically to remain informed about our information handling and privacy practices.

If you have any questions or comments about this Privacy Policy or our information handling and privacy practices, or if you would like to submit a privacy-related request, please contact us at privacy@five9.com or Five9 Privacy, 3001 Bishop Drive, Suite 350, San Ramon, CA 94583, USA.

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