FIFTH ELEMENT HEALTH Privacy Policy

Last updated: February 3, 2026

5th Element Health LLC (“Company”, “we”, “our”, or “us”) understands that privacy is important to our users. This Privacy Policy describes our practices regarding the collection, use, sharing, and protection of your personal information for the website located at https://fifthelement.nyc (the “Website”) and any other services provided by us or our affiliates (the “Services”). This Privacy Policy also tells you about the rights and choices you have with respect to your personal information, how you can assert those rights, and how you can contact us to get answers to your questions.

For more information about how users with disabilities can access this Privacy Policy in an alternative format, please send an email to IT@fifthelement.nyc

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES OR PRACTICES, YOU SHOULD NOT USE OR ACCESS THE SERVICES OR PROVIDE US WITH ANY PERSONAL INFORMATION.

As of the date this Privacy Policy was last updated, the Company is not subject to comprehensive consumer privacy laws in the United States, such as the California Consumer Privacy Act (CCPA).

PERSONAL INFORMATION WE COLLECT FROM YOU

This Privacy Policy applies to the personal information that we obtain in various contexts. We use the term “personal information” or “personal data” to refer to information that reasonably identifies, relates to, describes, or can be associated with you. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal information.

The following are the categories and types of personal information that we or our third-party partners may collect from or about you, depending on how you interact with the Services:

  • Identifiers and contact information, such as your real name, email address, mailing address, and phone number;
  • Device and online identifiers and related information, including internet protocol (IP) address, mobile ad identifiers, data collected from cookies, beacons, and pixel tags, and similar unique identifiers;
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with an internet website, application, mobile app, or advertisement; and
  • Any other personal information that you voluntarily provide us.

HOW WE COLLECT YOUR PERSONAL INFORMATION

Personal Information You Provide
We collect personal information that you provide to us directly. This may include, but is not limited to, information you provide when you contact us via email or through other Internet-enabled communications, and any other information that you provide us on or through the Services.

Personal Information We Collect Automatically
When you use our Services, we or third parties we work with may automatically collect certain information using technologies such as cookies and other tracking technologies described below.

  • Cookies and Similar Technology: "Cookies" are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, for example, the address of the websites you visited before and after you visited our Services, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Services you visited and what links you clicked on, the region where your device is located, and geographic information based on your IP data. We may store some information on your device or device hard drive as a cookie or similar type of file (such as clear GIFs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Services. We may also use cookies to customize your visit to the Services and for other purposes to make your visit more convenient or to enable us to enhance the Services and Services.
  • Clickstream Data: As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Services. We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Services, and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Services.
  • Analytics: We may work with third-party vendors who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Services and other Services. One such provider is Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyze how users use the Website. The information generated by these cookies about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on activity for its staff, and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Website and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the currently available opt-outs for Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/. You may obtain additional information about Google Analytics by visiting the section titled "How Google uses information from sites or apps that use our services,” located at www.google.com/policies/privacy/partners/.
  • Social Media Platforms and Networks: If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks in connection with the Services we may collect information that you share with us on social media or that such platforms share with us. Please review the privacy policies and settings of the social media platforms and networks that you use for more information about their privacy practices.
  • From Other Sources: We may obtain information about you from other sources, such as data analytics providers, marketing or advertising vendors, fraud prevention vendors, vendors that provide other services on our behalf, or publicly available sources.

HOW WE USE YOUR PERSONAL INFORMATION

We collect and use personal information for the following purposes:

  • To communicate with you, which may include:
    • Contacting you about and providing you with the Services;
    • Responding to your direct inquiries, requests, issues or feedback;
    • Adding you to our mailing lists and sending you emails from time to time;
  • To provide our products and services, which may include:
    • Operating the Services, and providing you with any specific services that you have requested;
    • Delivering content and product and service offerings relevant to your interests;
    • Fulfilling your orders and/or completing the transactions you have requested, processing your payments, and providing you receipts and order updates;
  • For marketing and promotional purposes, which may include:
    • Marketing our services and services of those of our affiliates, business partners, and other third parties;
    • Providing you advertising for products and services that may be of interest to you;
    • Administering sweepstakes, contests, and other similar promotions;
  • For analytics and personalization, which may include:
    • Identifying trends and making inferences about you and your interactions with us or our affiliates or our business partners;
    • Conducting research and analytics to improve our services and product offerings or those of our affiliates and business partners;
    • Understanding how you interact with our Services, advertisements, and communications with you to determine which of our products or services are the most popular, and to improve Services and marketing campaigns;
    • Personalizing your experience to save you time when you visit our Services or attend an event, and to customize the marketing and advertising that we show you;
    • Providing personalized recommendations about our products and services;
  • For security and fraud prevention, which may include:
    • Helping maintain the safety, security, and integrity of our Services, databases and other technology assets, and business;
    • Detecting security incidents; protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity;
    • Investigating suspected fraud, harassment, or other violations of any law, rule, or regulation, or the policies for our Services;
  • To comply with legal obligations, which may include:
    • Establishing or exercising our rights, and to defending against a legal claim;
    • Responding to law enforcement requests and as required by applicable law, court order, legal process, or governmental regulation;
    • Acting in connection with a bankruptcy proceeding or the sale, merger, or change of control of the Company or the division responsible for the services with which your information is associated;
  • For any additional purposes that you specifically consent to or otherwise authorize.

We reserve the right to supplement your personal information with information we gather from other sources which may include online and offline sources. We may collect information that is not personal information (“non-personal information”), including anonymous or aggregate data, or information lawfully made available from federal, state, or local government records. Because non-personal information does not personally identify you, we may collect, use, and disclose such information for any purpose permitted by law. In some instances, we may combine non-personal Information with personal information. If we combine any non-personal information with personal information, the combined information will be treated by us as personal information to the extent that it is capable of personally identifying you.

HOW WE DISCLOSE OR SHARE YOUR INFORMATION

In addition to using your personal information ourselves for the reasons stated above (and as otherwise mentioned in this Privacy Policy), we may disclose your personal information to other affiliates and entities in the following instances:

  • Service Providers: We may share your personal information with third-party service providers who may use your information to provide us with services including, but not limited to: website hosting, certain data analytics services, infrastructure provision, information technology services, customer service, email delivery services, payment processing, auditing, and anti-fraud monitoring. These service providers may have access to personal information that is necessary to perform their functions, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.
  • Business and Advertising Partners: We may share your personal information with third parties who partner with us to promote products and services, provide marketing and advertisements, conduct data analytics, or use the data for other commercial purposes. We do not control how these third parties use and share your personal information once they receive it. You will need to contact such third parties directly for information about their privacy practices or to exercise any rights you may have (including if you would like to opt-out of marketing messages).
  • Legal Compliance and to Defend Our Rights: We may disclose personal information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (f) to allow us to pursue available remedies or limit the damages that we may sustain.
  • Business Transfers: We may share your personal information and other information with third parties in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of the Company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the assets transferred may include information about the users of our Services.
  • Non-Personal Information: We may share non-personal information with unaffiliated third parties, such as business and advertising partners, to improve and enhance your experience using the Services, and for our own market research activities. We publicly commit to maintain and use the information in de-identified or aggregate form, and not to attempt to re-identify the information.

Please note that if you specifically consent or otherwise authorize us to use additional uses of your personal information, we may use your personal information in a manner consistent with that consent.

HOW WE PROTECT YOUR PERSONAL INFORMATION

Personal information is maintained on our servers or those of our vendors, and is accessible by authorized employees, independent contractors, representatives, and agents as necessary for the purposes described in this privacy policy. We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal information. However, no method of safeguarding information is completely secure, and we cannot guarantee that our safeguards will be effective or sufficient. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by using the information the section below titled Contacting Us.

DATA RETENTION

We will retain your personal information for as long as your inquiry is active or as needed to provide you with the Services, and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregate data, or any other data that constitutes non-personal information. While deletion is pending, we may securely store your personal information in backup archives in accordance with our routine data backup procedures, and if we do so, your data will be securely stored and isolated from any further processing until deletion is possible.

YOUR CHOICES

Consistent with applicable law, you may exercise the choices described in this section regarding your personal information and communications from us. You may also have certain additional rights available depending on laws in your state or country of residence, as described further below in the Privacy Policy.

  • Opting Out of Messages or Services: We may send you marketing messages via email. If you receive a marketing message from us, you may unsubscribe from future messages in accordance with our standard unsubscribe process (such as by using the unsubscribe link included in an email, or by sending an unsubscribe request to us at optout@fifthelement.nyc. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of our services may no longer be available to you.
  • Cookies and Tracking Technologies: If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Services or some of its functionality may be affected. Note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Be advised that cookie-based opt-outs are not effective on some mobile services.

CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83 (“Shine the Light”), California residents may have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please send us an email at IT@fifthelement.nyc. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending us an email at IT@fifthelement.nyc

NEVADA PRIVACY RIGHTS

If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information that we have collected (or may collect) from you to third parties. You can exercise this right by sending us an email at IT@fifthelement.nyc with the subject line “Nevada Do Not Sell Request.”

CROSS-BORDER DATA TRANSFERS

If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions including, but not limited to, the United States.

CHILDREN'S PRIVACY

Our Services are intended for users ages 18 and over, and we do not knowingly collect personal information from children under the age of 18. When we become aware that personal information (or other information that is protected under applicable law) from a child under 18 has been collected, we will use all reasonable efforts to delete such information from our databases. If you believe we might have any personal information from or about a child under 18, please send us an email at IT@fifthelement.nyc

CHANGES TO THIS POLICY

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time, provided that any such modifications will only be applied prospectively. We encourage you to periodically review the Website for the latest information on our privacy practices. Your continued use of the Services following the posting of any changes to this Privacy Policy means you accept such changes.

CONTACTING US

If you have any questions about our privacy or security practices, please send us an email at IT@fifthelement.nyc