Last Updated: January 2025
1. Introduction
Functional in Five ("F5," "we," "us," or "our") is committed to protecting your privacy and handling your personal information with care and respect. This Privacy Policy explains how we collect, use, disclose, transfer, and safeguard your information when you visit our website, use our services, or communicate with us. By accessing our website or engaging our services, you acknowledge that you have read and understood this Privacy Policy.
This Privacy Policy applies to information collected through our website (www.functionalinfive.com), email communications, phone conversations, video consultations, and any other interactions you have with F5. If you do not agree with the practices described in this Privacy Policy, please do not use our services or website.
2. Information We Collect
We collect several types of information from and about users of our website and services:
A. Personal Information You Provide:
We collect personal information that you voluntarily provide when you:
- Fill out forms on our website (contact forms, booking forms, service inquiries)
- Book a scoping call or consultation through Calendly or similar scheduling platforms
- Enter into service agreements or sign proposals
- Communicate with us via email, phone, video conference, or messaging platforms
- Provide project requirements, business plans, or technical specifications
- Subscribe to newsletters, updates, or marketing communications
- Participate in surveys, feedback forms, or customer research
This personal information may include: full name, email address, phone number, company name, job title, business address, payment information, project details, business requirements, technical specifications, and any other information you choose to provide.
B. Automatically Collected Information:
When you visit our website, we may automatically collect certain technical information, including:
- Internet Protocol (IP) address and general geographic location
- Browser type, version, and language settings
- Operating system and device information
- Referring website or source that directed you to our site
- Pages visited, time spent on pages, and navigation paths
- Date and time of your visit
- Clickstream data and browsing behavior
- Device identifiers and mobile network information
C. Cookies and Tracking Technologies:
We use cookies, web beacons, pixel tags, and similar tracking technologies to collect information about your interactions with our website. See Section 9 for detailed information about cookies.
D. Information from Third-Party Sources:
We may receive information about you from third-party sources, including:
- Scheduling platforms (Calendly) when you book appointments
- Payment processors when you make payments
- Business partners or referral sources
- Publicly available sources such as LinkedIn or company websites
- Analytics providers and advertising networks
3. How We Use Your Information
We use the information we collect for various business and operational purposes, including:
A. Service Delivery:
- Provide, maintain, and deliver our development services
- Process and fulfill service requests and project engagements
- Conduct scoping sessions and technical consultations
- Develop, test, and deploy applications according to specifications
- Provide customer support and respond to inquiries
- Send project updates, status reports, and deliverables
B. Business Operations:
- Process payments and manage billing
- Maintain accurate business and financial records
- Verify identity and prevent fraud or unauthorized access
- Enforce our Terms and Conditions and other agreements
- Comply with legal obligations and regulatory requirements
- Protect our rights, property, and safety and those of our clients
C. Communications:
- Send administrative information, service announcements, and updates
- Respond to comments, questions, feedback, and support requests
- Send marketing communications about our services (with your consent)
- Notify you about changes to our services, policies, or terms
D. Improvement and Analytics:
- Analyze usage patterns and trends to improve user experience
- Conduct research and development for new services or features
- Monitor and analyze website performance and functionality
- Gather demographic information and market insights
- Evaluate the effectiveness of marketing campaigns
4. Legal Basis for Processing (GDPR Compliance)
If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, we process your personal information only when we have a valid legal basis, including:
A. Contractual Necessity: Processing is necessary to perform our contract with you or to take steps at your request before entering into a contract (e.g., providing services, fulfilling project deliverables).
B. Legitimate Interests: Processing is necessary for our legitimate business interests, such as improving services, preventing fraud, maintaining security, marketing our services, or operating our business efficiently, provided such interests are not overridden by your privacy rights.
C. Consent: You have given explicit consent for processing for specific purposes, such as receiving marketing communications or using certain cookies. You may withdraw consent at any time.
D. Legal Obligation: Processing is necessary to comply with legal obligations, such as tax reporting, financial record-keeping, or responding to lawful requests from authorities.
5. Information Sharing & Disclosure
We do not sell, rent, or trade your personal information to third parties for their marketing purposes. We may share your information only in the following circumstances:
A. Service Providers: We may share information with third-party service providers who perform services on our behalf, including:
- Hosting providers and cloud infrastructure services
- Payment processors and financial institutions
- Scheduling and calendar platforms (Calendly)
- Email service providers and communication platforms
- Analytics and marketing service providers
- Customer relationship management (CRM) systems
These service providers are contractually obligated to protect your information and use it only for the purposes we specify.
B. Professional Advisors: We may share information with lawyers, accountants, auditors, insurance providers, and other professional advisors who assist in business operations and require access to personal information to provide their services.
C. Business Transfers: In the event of a merger, acquisition, reorganization, sale of assets, or bankruptcy, your information may be transferred to the acquiring entity or successor organization. We will notify you of any such change and the choices you may have regarding your information.
D. Legal Requirements: We may disclose your information when required by law, regulation, legal process, or governmental request, including to:
- Comply with subpoenas, court orders, or legal obligations
- Respond to lawful requests from public authorities or law enforcement
- Protect our rights, property, or safety and those of our clients or the public
- Detect, prevent, or address fraud, security, or technical issues
- Enforce our Terms and Conditions or other agreements
E. With Your Consent: We may share your information for any other purpose with your explicit consent or at your direction.
6. Data Security
We implement reasonable technical, administrative, and physical security measures designed to protect your personal information from unauthorized access, use, alteration, disclosure, or destruction. These measures include:
- Encryption of data in transit using SSL/TLS protocols
- Secure storage systems with access controls and authentication
- Regular security assessments and vulnerability testing
- Employee training on data protection and confidentiality
- Restricted access to personal information on a need-to-know basis
- Secure backup and disaster recovery procedures
However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your personal information using commercially acceptable means, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
In the event of a data breach that poses a risk to your rights and freedoms, we will notify you and relevant authorities in accordance with applicable data protection laws.
7. Data Retention
We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected and to comply with legal, accounting, tax, and regulatory requirements. Retention periods vary depending on the type of information and the purpose for which it is processed:
- Client Project Data: Retained for the duration of the project and for 7 years thereafter for legal and financial compliance purposes
- Financial Records: Retained for 7 years in accordance with tax and accounting regulations
- Marketing Communications: Retained until you unsubscribe or request deletion
- Website Analytics: Typically retained for 24-36 months
- Correspondence: Retained as long as necessary to address inquiries and maintain business records
When personal information is no longer needed, we will securely delete or anonymize it in accordance with our data retention policies and applicable laws. You may request earlier deletion by contacting us (see Section 15).
8. Your Rights
Depending on your location and applicable laws, you may have the following rights regarding your personal information:
A. Right of Access: You have the right to request access to the personal information we hold about you and to receive a copy of that information in a commonly used electronic format.
B. Right to Rectification: You have the right to request correction of inaccurate or incomplete personal information we hold about you.
C. Right to Erasure (Right to be Forgotten): You have the right to request deletion of your personal information in certain circumstances, such as when it is no longer necessary for the purposes for which it was collected or when you withdraw consent.
D. Right to Restriction of Processing: You have the right to request that we restrict processing of your personal information in certain circumstances, such as when you contest the accuracy of the data or object to processing.
E. Right to Data Portability: You have the right to receive your personal information in a structured, commonly used, machine-readable format and to transmit that information to another controller.
F. Right to Object: You have the right to object to processing of your personal information based on legitimate interests or for direct marketing purposes.
G. Right to Withdraw Consent: Where processing is based on consent, you have the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before withdrawal.
H. Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority, particularly in your country of residence, place of work, or where an alleged infringement occurred.
To exercise any of these rights, please contact us using the information in Section 15. We will respond to your request within 30 days (or as required by applicable law) and may request verification of your identity before processing your request.
9. Cookies & Tracking Technologies
Our website uses cookies and similar tracking technologies to collect information about your browsing activities and to enhance your experience. Cookies are small data files stored on your device that allow us to recognize you and remember your preferences.
Types of Cookies We Use:
- Essential Cookies: Necessary for website operation and security. These cannot be disabled.
- Functional Cookies: Enable enhanced functionality and personalization, such as remembering your preferences.
- Analytics Cookies: Help us understand how visitors interact with our website by collecting and reporting information anonymously.
- Marketing Cookies: Used to track visitors across websites to display relevant and engaging advertisements.
Third-Party Cookies: We may use third-party services that set cookies, including Google Analytics, advertising networks, and social media platforms.
Managing Cookies: You can control and manage cookies through your browser settings. Most browsers allow you to refuse or delete cookies. Please note that disabling cookies may affect website functionality and your user experience. To opt out of Google Analytics, visit: https://tools.google.com/dlpage/gaoptout
10. Third-Party Links
Our website may contain links to third-party websites, services, or resources that are not owned or controlled by F5, including social media platforms, scheduling tools, payment processors, and partner websites. This Privacy Policy applies only to our website and services.
We are not responsible for the privacy practices, content, or security of third-party websites. When you click on third-party links or use third-party services, you are subject to their respective privacy policies and terms. We encourage you to review the privacy policies of any third-party sites or services before providing your personal information.
Third-party services we commonly use include Calendly (scheduling), Stripe or PayPal (payment processing), LinkedIn (professional networking), and Google Analytics (website analytics). Each of these services has its own privacy policy governing how they collect and use your information.
11. Children's Privacy
Our services are not intended for, nor directed to, individuals under the age of 18. We do not knowingly collect, use, or disclose personal information from children under 18 years of age. If you are under 18, please do not use our website or services or provide any personal information to us.
If we become aware that we have collected personal information from a child under 18 without parental consent, we will take steps to delete that information as quickly as possible. If you believe we may have collected information from a child under 18, please contact us immediately using the information in Section 15.
Parents and guardians are responsible for monitoring their children's online activities and should ensure that children do not provide personal information to websites without parental permission.
12. International Data Transfers
Your personal information may be transferred to, stored, and processed in countries other than your country of residence, including the United States and other jurisdictions where our service providers operate. These countries may have data protection laws that differ from those in your country.
When we transfer personal information from the European Economic Area (EEA), United Kingdom, or Switzerland to countries that do not provide an adequate level of data protection, we implement appropriate safeguards, including:
- Standard Contractual Clauses approved by the European Commission
- Adequacy decisions recognizing certain countries as providing adequate protection
- Binding Corporate Rules for transfers within multinational organizations
- Other legally recognized transfer mechanisms
By using our services, you acknowledge and consent to the transfer of your personal information to countries outside your country of residence. You may contact us to obtain more information about the safeguards we have implemented for international data transfers.
13. California Privacy Rights (CCPA)
If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) regarding your personal information:
A. Right to Know: You have the right to request disclosure of the categories and specific pieces of personal information we have collected about you, the sources from which it was collected, the purposes for collection, and the categories of third parties with whom we share it.
B. Right to Delete: You have the right to request deletion of your personal information, subject to certain exceptions (e.g., legal obligations, fraud prevention, contractual necessity).
C. Right to Opt-Out of Sale: While we do not sell personal information in the traditional sense, you have the right to opt out of any sharing that may constitute a "sale" under CCPA.
D. Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your CCPA privacy rights.
E. Authorized Agent: You may designate an authorized agent to make requests on your behalf. We may require verification of the agent's authority.
Categories of Personal Information Collected: We collect identifiers (name, email, phone), commercial information (purchase history), internet activity (browsing behavior), professional information (company, job title), and inferences (preferences).
To exercise your CCPA rights, please contact us using the information in Section 15. We will verify your identity and respond to your request within 45 days.
14. Changes to This Privacy Policy
We reserve the right to modify, update, or revise this Privacy Policy at any time to reflect changes in our practices, services, legal requirements, or for other operational, legal, or regulatory reasons. When we make material changes, we will notify you by:
- Posting the updated Privacy Policy on our website with a new "Last Updated" date
- Sending email notification to the address associated with your account (for material changes affecting active clients)
- Displaying a prominent notice on our website
Your continued use of our website or services after the effective date of the updated Privacy Policy constitutes your acceptance of the changes. If you do not agree with the updated Privacy Policy, you should discontinue use of our services and contact us to discuss account closure or data deletion.
We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your information. For significant changes that require consent under applicable law, we will obtain your explicit consent before implementing such changes.
15. Contact Information
If you have any questions, concerns, comments, or requests regarding this Privacy Policy or our privacy practices, or if you wish to exercise your privacy rights, please contact us:
Functional in Five
Email: privacy@functionalinfive.com
General Inquiries: hello@functionalinfive.com
Website: www.functionalinfive.com
We are committed to resolving privacy concerns and will respond to your inquiries within a reasonable timeframe, typically within 30 days. For urgent privacy matters, please clearly mark your communication as "Urgent Privacy Matter" in the subject line.
If you are not satisfied with our response, you have the right to lodge a complaint with your local data protection authority or supervisory authority.