Privacy Policy

Effective date: 25th December 2019

You have arrived at https://www.5miles.com and/or are otherwise interacting with our Services (defined below), which is owned and operated by The Third Stone Holdings Limited (“Third Stone” “5miles”,“5miles Dash”, “we,” and “us”). We at 5miles know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy (“Privacy Policy”). By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.  5miles encourages you to periodically review this page for any changes to its Privacy Policy.

Remember that your use of 5miles’ Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of information, including Personal Information (defined below) that we gather when you access or use any online service location that posts a link to this Privacy Policy and also applies to your use of our website(s), products, services and mobile applications (collectively, the “Services”), but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of information from our users, as explained in more detail below, and we use this information for you to interact with our Services, internally in connection with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties as described below.

Will 5miles ever change this Privacy Policy?

We’re constantly trying to improve our Services, and we may also change this Privacy Policy from time to time as well.  We may alert you to changes by placing a notice on the website at https://www.5miles.com/, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

Children and 5miles

The Services are intended to be used by adults, as defined under any applicable law in each specific case. If you are not an adult, you are not authorized to download the application, register, and create an account with us.  All minors require permission from their respective legal representative in order to use the Services.  5miles does not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at [email protected].

What Information Does 5miles Collect?

The information we collect is used to improve the content and user experience of our Services. The type of information we may collect from you includes both personally identifiable information, which is information such as your first and last name, email address, phone number, home address and third-party account credentials (e.g., your Facebook login credentials, Google login credentials) (“Personal Information”), your location (which can be real-time), and demographic information such as information regarding your gender, nationality and occupation (“Demographic Information”). We may collection this information through various forms and in various places within the Services.  To the extent we combine Demographic Information with your Personal Information we collect from you on the Services, we will treat the combined data as Personal Information under this Policy.

During your use of the Services we may also collect non-personal information. Non-personal information is, generally, information that does not identify you and it includes such things as the type of mobile device used to access the application, device ID, browser type and version, date and time of a user’s visit, and language preference. Non-personal information that we collect automatically is discussed below.

In the interest of safety, we also collect information that could potentially identify a user, such as a user’s IP address when the user logs into the Services.  

What’s the Purpose for 5miles Collecting My Information?

We are able to deliver, personalize, and improve our Services by combining and using the information we have about you (including information we receive on and off our Services) to understand how you use and interact with our Services and the people or things you’re connected to and interested in. We also may use the information we have about you for the following purposes:  

Provide, maintain, improve, and develop relevant features, content, and Services.   

How Does 5miles Collect My Information?

Information You Provide:

5miles collects information that you provide directly to us.  For instance, during the registration process (or when you update your account) you provide us with Personal Information such as your first and last name, email address, telephone number, and possibly your Facebook (or other social media platform) credentials and your Google credentials.

Additionally, there may be instances where you find it necessary to communicate directly with us or where you have provided us with the means to communicate with you. For example, if you have given us your email address, we may send promotional email offers to you, notify you of any changes to the Terms or Services, or email you about your use of the Services. Also, we may receive data when you open an email from us or use our Services, including your contacts information. This data helps us make our communications with you more interesting and improve our Services. You are, however, free to opt out of receiving email communications from us by navigating to the settings page within the Services. Please note, however, that you may be unable to opt out of some administrative communications that are reasonably necessary to the Services, such as an order confirmation or service notifications.

Information Collected Automatically:

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, “cookie” information, browser and/or device type, and the page or feature you requested.  This method of information collection is discussed in more detail below:

Cookies: Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to improve your overall 5miles user experience. For instance, cookies allow us to preserve our users’ preferences and record session information, such as what pages a user visits or items the user looks at, recognize the user’s browser or device type, and determine which pages and/or features are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

Through cookies we place on your mobile device or browser, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and to customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option which allows  you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Currently our Services do not monitor, support or take any action with respect to “Do Not Track” requests, signals or mechanisms, which means that we may collect information about your online activity both while you are using the Services and after you leave our Services.

Location: The 5miles marketplace is geared specifically toward facilitating transactions between sellers and interested buyers who are within proximity to those sellers. For example, we use your location info to determine that you are in San Francisco so that we can prioritize and deliver listings from San Francisco or places nearby to you. As such, the collection of users’ location information is absolutely essential to providing you with the best and most useful marketplace experience we can.

When you access our Service through a mobile device or application, we and a third party partner may receive or collect and store the advertising identification number associated with your device and, depending on your mobile device settings, your geographical location data, including GPS coordinates (such as latitude and/or longitude) or similar information regarding the location of your mobile device. You may enable or disable the collection of this data at any time using the settings on your mobile device by: (a) deleting the app or adjusting the in-app settings of the app if the app makes that option available; or (b) deleting or resetting the applicable mobile advertiser ID by limiting ad tracking on your device. You may also use the Digital Advertising Alliances “AppChoices” application (available at http://www.aboutads.info/appchoices) to opt out of participating third party advertising networks who target advertising to your mobile device based on your mobile advertising identifier. 

Device Information: When you access the 5miles Services via your mobile device or computer, we collect and may share data we collect about you including unique identification numbers associated with mobile devices or through its API (including, for example, a Unique ID for Advertisers ("IDFA"), Unique ID for Vendors ("IDFV"), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, battery life, and, depending on the user’s mobile device settings, the geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of the mobile device (“User Data”) with our third party partners, that enables us to provide you with information, advertisements, or offers specific to your location and interests.

Information from Third Parties:

You may have the option of registering a 5miles account and logging into or otherwise linking to that account using a third-party account such as Facebook, Google or other account provided by a third-party site or application. If you choose to provide or log into your account using your credentials for a third-party platform we may have access to certain information from that site, such as your name, contacts or friend’s lists, account information, public profile, and email address. Consequently, if you provide your third-party account credentials, you acknowledge that the above-identified information, as well as other information for that account (collectively, “Third Party Account Information”) may be transmitted into your 5miles account if you authorize such transmissions. You further acknowledge that Third Party Account Information transmitted to us is governed by this Privacy Policy. Please note that certain information may be required to register a 5miles account or to take advantage of some of our features.  Also, 5miles may, from time to time, combine information from other sources with information we collect through 5miles Services in order to enhance our ability to serve you, prevent fraudulent transactions, tailor our content to you, offer you opportunities to purchase products or services that we believe may be of interest to you, and for any other purposes described in this Privacy Policy.

Is My Personal Information Secure?

Protecting your privacy is important to us, which is why 5miles endeavors to protect the security of your privacy and information using commercially reasonable security measures. Unfortunately, no website or Internet transmission is completely secure. Therefore, 5miles cannot guarantee that your information will never be hacked or that your information is free from unauthorized access, data loss, or other breaches. In other words, your use of the 5miles application or website is at your own risk. 5miles encourages you to exercise caution when using the 5miles Services by keeping your password safe and not sharing it with other individuals.

By accepting this Privacy Policy and the corresponding Terms and continuing to use the Services, you acknowledge that 5miles is not responsible for your own disclosure of your information to third parties through our Services (e.g., sending your contact information to another user through the Services). Further, you acknowledge that you, and you alone, are responsible for the content of your profile and the accuracy thereof.

Sharing Personal Information

We do not rent or sell your Personal Information to anyone, provided certain Personal Information may be transferred in connection with business transfers, as described below. We may share your Personal Information with third parties as described in this section:

Information that’s been de-identified:

We may de-identify your Personal Information so that you are not identified and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would personally identify you. For example, we use Google Analytics to grow our business, to improve or develop our services, to monitor and analyze use of our Services, for our technical administration, to increase the functionality and user-friendliness of our Services, and to verify that users have the authorization needed for us to process their requests. To learn more about the privacy policy of Google Analytics, visit http://www.google.com/intl/en/analytics/privacyoverview.html. You can opt out of the Google Analytics by visiting http://tools.google.com/dlpage/gaoptout.

Affiliated Businesses:

In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. For example, you may share items on Facebook, Twitter, Instagram, and Google+. To take advantage of these features, we may ask you to register for or log into such services on the websites of the respective service providers. When you enable such third party services from the Services, we will collect your login information and other relevant information necessary to enable the Services to access that third party services and your data contained within that third party service accounts. As part of such integration, such third party services will provide us with access to certain information that you have provided to such third party services, and we will use, store and disclose such information in accordance with this Privacy Policy. In addition, by enabling third party services within 5miles, you also agree that we will share or combine your log-in information and some other information in your 5miles account with these third party service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third party service providers. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Agents:

We may employ other companies and people to perform certain tasks or services on our behalf, such as hosting services,  and may share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us.

We may offer sweepstakes, contests, and other promotions (each a “Promotion”) through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.   By participating in a Promotion, you agree that we may share your Personal Information with third parties as described in this paragraph.

We may also employ companies to call or email you to in order to provide better services to you, such as to welcome you when you sign up with us, to notify you of your transaction information, to remind you of your account inactivity, to provide codes for you to refer your friends to our Services, or to notify you of an offer that you may be interested in. By providing the relevant communication means to us, you agree that we may, to the extent permitted by applicable law, contact you for the above  mentioned purposes. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

User Profiles and Submissions:

Certain user profile information, including your username, phone number, location, and any image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our Services. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (in messages etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or products through the Services and other users can contact you through messages and comments.

Business Transfers:

We may choose to buy or sell assets, and may share and/or transfer user information, including Personal Information, in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.  We may also share your information, including Personal Information, Demographic Information and usage information with our patent, subsidiaries and affiliates.

Protection of Third Stone and Others:

We reserve the right to access, read, retain, preserve, and disclose any information that we believe in our sole discretion is necessary to (a) comply with laws, court orders, or other legal processes or government requests; (b) enforce or apply our Terms of Use and other agreements, guidelines, policies, and regulations; (c) investigate and respond to claims of alleged violations of any third party rights; or (d) protect the rights, property, or safety of 5miles, our employees, our users, or others.

Accessing and Modifying Your Personal Information

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information.  You may be able to access much of your information via the Services. For example, the personal information you provided during the registration process (i.e., name, email, password, etc.) can be accessed by logging into your account and navigating to account settings.

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

·       Nickname

·       Avatar photo

·       Phone number

·       Email

·       Listings (including images)

The information you can view, update, edit, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at [email protected].

Your California Privacy Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice or to request to opt-out of such future sharing, please submit a written request to: [email protected]

In order to provide you with basic app functions like deals nearby, local, etc., we will collect and use your information when absolutely necessary. According to CCPA 1798.100-1798.140, without your consent, we will not sell your personal information to any third parties. You are entitled to query, correct, enable, disable or delete any of your personal information. If you disable or delete your personal information, some app functions may be rendered unavailable. If you want to correct, disable, or delete your personal information, please contact [email protected] or click on https://help.5miles.com/hc/en-us/requests/new to submit your requirement.

Transfer of Information to the United States

Our Services is operated in the United States and intended for users located in the United States.  If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States.  The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States.  By using the Services or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

Your Choices About the Collection of Your Information

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contacting us by email at [email protected] or you may deactivate your 5miles account by accessing the Help Center at https://www.5miles.com/info/helpCenter. Please note that we may be required (by law or otherwise) to retain your account information or any other information associated with it and not delete it (or to keep this information for a certain period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

Third Party Tracking and Analytics

It is possible that some third parties may provide links to third party websites or services on the 5miles marketplace platform. If you click on a link to a third party website or service, a third party may transmit cookies to you. This Privacy Policy does not cover your use of a third party website or service or the use of cookies by any third parties, and we are not responsible for their privacy policies and practices. You should review the applicable third party privacy policies before using their website or services.

Please be aware that third parties may continue to track your online activities even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

When you use third-party apps, websites or other products integrated with our Services, they may collect information about your activities subject to the third parties’ own terms and privacy policies.

We allow other companies that show advertisements on our webpages or apps to collect information from your browsers or devices. Other companies' use of cookies and other data collection technologies are subject to their own privacy policies, not this one. Like many companies, we may allow cookie matching with select partners. But, these parties are not authorized to access 5miles cookies.

Additionally, please note that we may use Google Analytics to grow our business, to improve our Services, for our technical administration, to increase the functionality and user-friendliness of our Services, and to verify that users have the authorization needed for us to process their requests. To learn more about the privacy of Google Analytics, visit:

http://www.google.com/intl/en/analytics/privacyoverview.html

You can opt out of the Google Analytics by visiting:

http://tools.google.com/dlpage/gaoptout

What if I have questions about this policy?

If you have any questions or concerns regarding our Privacy Policy or become award of misuse of the Services by any person, please send us a detailed message to [email protected] or send us a letter at either of the following postal address: 5miles LLC, 14755 Preston Road, Suite 370, Dallas, TX 75254, or 5miles Holdings Limited, 9/F., MW Tower, No. 111 Bonham Strand, Sheung Wan, Hong Kong.