Privacy Policy

INTRODUCTION

5 O’Clock (“Company” or “We“) respects your privacy and is committed to protecting it by complying with this policy.

This policy describes:

• The types of information we may collect or that app users (“you“) may provide when you download, install, register with, access, or use 5 O’Clock (the “App“).
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

We will only use your personal information in accordance with this policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App.

This policy DOES NOT apply to information that:

• We collect on any other Company apps or websites, including websites you may access through this App.
• You provide to or is collected by any third party (see Third-Party Information Collection).

Our websites and apps, and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you indicate that you understand, accept, and consent to the practices described in this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates. We will notify you in advance of any material changes to this policy and obtain your consent to any new ways that we collect, use, and disclose your personal information.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect information about you through:

• Direct interactions with you when you provide it to us, for example, by filling in forms or corresponding with us.
• Automated technologies or interactions, when you use the App, for example, usage details and internet protocol (“IP”) addresses.

The types of information that we may collect include:

• Personal information that we can reasonably use to directly or indirectly identify you, such as your first name, last name, email address, telephone number, IP address, user name or other similar identifier, and city in which you live (“personal information”).
• Non-personal information that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information or statistical or aggregated information.
• Technical information, including your login information, device type, time zone setting, and usage details.

Information You Provide to Us

When you download, register with, or use this App, we may ask you to provide:

• Information by filling in forms in the App. This includes information you provide when registering to use the App, posting material, or requesting further services. We may also ask you for information when you redeem rewards or monthly giveaway prizes through our Rewards Program, and when you report a problem with the App.
• Records and copies of your correspondence, including email addresses and phone numbers, if you contact us.
• Your search queries on the App.

You may also provide information for publication or display (“posted“) on public areas of the App (collectively, “User Contributions“). You post and transmit User Contributions to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect. We cannot control the actions of third parties with whom you may choose to share your User Contributions.

Automatic Information Collection and Tracking Technologies

When you download, access, and use the App, it may automatically collect:

• Usage details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
• Device information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
• Stored information and files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, personal contacts, and address book information with your authorization.
• Location information. This App collects real-time information about the location of your device. We track users’ movements between bar and restaurant establishments without identifying specific users beyond their device type. This approach safeguards user information while enabling us to understand user habits and optimize traffic to our locations effectively.

The technologies we use for this automatic data collection may include, without limitation, device identifiers and location services, which are directly facilitated by the operating system of your device.

The information we collect automatically is statistical information that includes personal information. We may maintain it or associate it with personal information we collect in other ways, that you provide to us, or receive from third parties. This usage information helps us to improve our App and to deliver a more personalized service, including by helping us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences and customize our App according to your individual interests.
• Speed up your searches.
• Recognize you when you use the App.

You can opt out of the collection of any or all of this information by adjusting your preferences within the App when you first download it. Subsequently, you can continue to manage your preferences in the settings on your device. Note, however, that opting out of the App’s collection of location information will cause its location-based features to be disabled, and as a result, you will not be able to participate in the Rewards Program. For more information, see the “Choices About How We Use and Disclose Your Information” section of this Privacy Policy.

THIRD-PARTY INFORMATION COLLECTION

When you use the App or its content, certain third parties collect information about you or your device. These third parties include:

• Your mobile device manufacturer.
• Your mobile service provider.

These third parties may use technologies contained within your device’s operating system to collect information, including personal information, about you when you use the App. This information may include, without limitation, your device model and your gender.

We do not control these third parties’ tracking technologies or how they use them. If you have any questions, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

• To provide you with the App and its contents.
• To provide you with information, products or services that you request from us.
• To contact you about our own and third parties’ goods and services that may be of interest to you, as permitted by law.
• To fulfill the purposes for which you provided it or that were described when it was collected or any other purpose for which you provide it.
• To provide notices about your account.
• To carry out our obligations and enforce our rights in any contracts with you, including to comply with legal requirements.
• To notify you when App updates are available, and of changes to any products or services we offer or provide though it.
• To improve our App, products or services, or customer relationships and experiences.
• To allow you to participate in interactive features or other features on our App.
• To assist bars and restaurants in directing foot traffic towards their establishments at specific times.
• For any other purpose with your consent.

Usage information that we collect helps us to improve our App and deliver a better and more personalized experience, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our App according to your individual interests.
• Recognize you when you use the App.

DISCLOSURE OF YOUR INFORMATION

• To our affiliates.
• According to applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of 5 O’Clock Ltd.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by 5 O’Clock Ltd. about our customers and users is among the assets transferred.
• To contractors, service providers, and other third parties we use to support our business, such as analytics and search engine providers that help us optimize and improve our services. We contractually require these third parties to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process personal information following the same standards set out in this policy.
• To fulfill the purpose for which you provide it.
• For any other purpose we disclose when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request, according to applicable law.
• To enforce our rights arising from any contracts between you and us.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of 5 O’Clock Ltd., our customers, or others.

We also disclose information about real-time user movements between bars and restaurants to help these establishments optimize efforts in attracting foot traffic to their locations at specific times. We do not disclose data about identifiable individuals to bars and/ or restaurants, but we may provide them with aggregate information about our users. We may also use such aggregate information to help bar and restaurant establishments target a specific audience (for example, men in a specific location).

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR LOCATION INFORMATION

You can choose whether to allow the App to collect and use real-time information about your device’s location through your device’s privacy settings. If you block the use of location information, you will not be able to participate in our Rewards Program, and some parts of the App will become inaccessible or will not function properly.

TRANSFERRING YOUR PERSONAL INFORMATION

We may transfer personal information that we collect or that you provide us to contractors, service providers, and other third parties we use to support the App (such as analytics providers that assist us with App improvement and optimization) and who are contractually obligated to keep personal information confidential, to use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy. By submitting your personal information or engaging with the App, you consent to this transfer, storage, or processing.

DATA SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of our App, you are responsible for keeping it confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any App privacy settings or security measures.

DATA RETENTION

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize or aggregate your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal information by logging into the App and visiting your account profile page.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use https://5oclockapp.com/terms-of-service/.

WITHDRAWING CONSENT

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent. To withdraw your consent, if applicable, contact us at info@5oclockapp.com. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you make your decision.

CHANGES TO OUR PRIVACY POLICY

We may update our privacy policy from time to time. If we make any changes to our privacy policy, we will notify you by email and/or text message to the primary email address and/or phone number specified in your account, and/ or by an in-App alert the first time you use the App after we make the change.

We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting this privacy policy to check for any changes.

CONTACT INFORMATION AND CHALLENGING COMPLIANCE

We welcome your questions, comments, and requests regarding this privacy policy and our privacy practices. Please contact Mike Ostrowski at: mike@5oclockapp.com.

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information and our compliance with this policy and with applicable privacy laws. To discuss our compliance with this policy, please contact our Privacy Officer using the contact information listed above.