We Respect Your Privacy

5o9®, Inc. (“5o9,” “we,” “our” or “us”) is committed to respecting the privacy and security of your information and data. The following privacy policy (“Privacy Policy”) describes the information and data we collect and how we use it. By using and/or registering on our website, you consent to our Privacy Policy.

We may periodically update this Privacy Policy to reflect material changes in how we collect, use, share or store your data and information.  We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current Privacy Policy.  You consent to any changes we make to this Privacy Policy if you continue to use and/or access our website or service after receiving a notice of the change or upon our posting of the new Privacy Policy on this website.

Data privacy is one of the three pillars of mobile Web infrastructure, along with performance and personalization.  As such, we take your digital data privacy very seriously.  Data shared by you for use in any 5o9® contextual Web service demos will not be tracked and no user profiles shall be built.  The shared device, user and location data is used for the transaction only.  If you have registered for a free 3PMobile™ Performance Measurement account, your data is saved and tracked for your viewing and analysis purposes.  Only you will see results data specific to your tests and your report data is password protected.

5o9® retains ownership of all performance test data from the free service to use in aggregate to deliver accurate performance comparisons.

DO NOT TRACK NOTICE (For California residents, but relevant to all site visitors).  The 3PMobile and Performance Testing websites currently do not respond to the Do Not Track signal, as WE DO NOT SHARE OR SELL VISITOR DATA WITH ANYONE.  All data collected is used solely for our internal service delivery and marketing purposes.  We use analytics/marketing software from Net-Results who collects site data on our behalf (Net-Results Privacy Policy).  The only personally identifying data we collect is the data you choose to submit via our web forms or services.

You Control Your Data When You Use Choice®

Choice® software is integrated into your Web applications.  As such, 3PMobile does not host any customer’s Web service and the mobile metadata never passes through our company servers.  All metadata flows directly between the mobile user device and the Web Service Provider’s website.  For trouble-shooting purposes only, a 3PMobile® customer may share with us data from a diagnostic test of their specific Web application. Our diagnostics tool only presents minimal, non-identifying device data allowing us to verify that our software was properly installed and the metadata is in fact, being transmitted to our customer’s website.

ANY SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE OR SERVICES, THAT YOUR USE OF THE WEBSITE OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL 5o9 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF 5o9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL DATA AND/OR INFORMATION ABOUT YOURSELF IN YOUR USE OF THE WEBSITE AND/OR SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.

IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL 5o9 HAS VIOLATED THIS PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.  THE TOTAL LIABILITY OF 5o9 TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THIS PRIVACY POLICY OR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE LESSER OF $100 OR AMOUNT PAID BY YOU FOR THE SERVICES.  IT IS THE INTENTION OF YOU AND 5o9 THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

Last updated 10/01/12