LAST UPDATED 8/25/2023:
You understand, acknowledge, and agree that SI Online, LLC and its authorized business associates, affiliates, subsidiaries, and agents (collectively, “SIO”, “us” or “we”) may collect, maintain, and process information provided by you, whether actively or passively, on and through the Site. Such information may include, but is not limited to, your name, email address, and credit card number (“User-Submitted Information”). You represent and warrant that you have permission to share any User-Submitted Information you voluntarily provide SIO and that such information is accurate, current, non-misleading, consistent, and relevant for the purpose for which you are providing the information.
INFORMATION WE COLLECT
The information collected by SIO through this Site is used to help us understand how visitors navigate our Site and to provide advertising that may be relevant to your interests. You may elect to opt-out from receiving materials from us by following the instructions found below in the Opt-Out section.
By providing any personal information to us, you fully understand, acknowledge, agree, and unambiguously consent to the transfer of such personal information and the collection and processing of such personal information in the United States. Your personal information, if stored, will be stored and processed on computers in the United States, Canada, and/or India.
We collect the following categories of information:
Information You Actively Provide Us. We collect personal information that you enter on our Site. For example, we collect information from you when you contact us with a question or use any of our services on the Site.
The personal information we may collect from you includes, but is not limited to:
- Your name
- Your e-mail address
- Your phone number
- Your address
- Your payment information to complete a purchase
- Communications with SIO
- Birth month and day
- Social media handles
- Other information you choose to provide SIO
Information You Passively Provide Us. We may automatically record and collect information about how you use the Site. This data may include:
- Type of browser and operating system
- Internet Service Provider
- Internet Protocol address
- Access and session times
- Referring website addresses.
We may capture or infer your location data from your use of the Site ("Location Data"). We may link that Location Data to other information that you provide to us. You may be able to turn off the collection of precise Location Data through your device settings. However, note that we may still be able to infer your approximate location through other information we collect, such as your IP address.
Google Web Analytics Service. This Site uses the Google Analytics analytics system to help improve usability and the customer experience. Google may record mouse clicks, mouse movements and scrolling activity and will track users of this Site. If you do not wish to be tracked, you can obtain the Google Analytics opt-out browser extension at [https://tools.google.com/dlpage/gaoptout] .
We obtain the above categories of information from the following sources:
- Directly from the information you actively and voluntarily provide SIO through the Site.
- Indirectly from our authorized agents and business associates such as advertising networks, marketing agencies, and information providers.
- Indirectly from activity on the Site. For example, from usage details from your use of the Site.
HOW WE USE INFORMATION WE COLLECT
We will share your information with the companies that produce, distribute, market, and/or sell the 5-hour ENERGY® products we sell on the site, including (without limitation) Living Essentials, LLC, Innovation Ventures, LLC, and Agency 5, LLC.
We may use, store, and process your information in the following ways:
Use of Collected Information SIO will use and share your personal information for purposes such as:
- Providing customer service;
- Delivering information, responding to requests, or resolving disputes;
- Processing payments and purchases you make via the Site;
- Sending administrative messages such as changes to the Policy;
- Sending you newsletters or other marketing communications and news, including information about products and services offered by us and/or our business associates;
- Measuring, tracking, and analyzing your use, or the performance, of our Site;
- Detecting and preventing fraud, abuse, and/or other harmful activity;
- Sending you promotional messages, targeted marketing, advertising, and/or other information that may be of interest to you;
- For testing, research, analysis, and/or product development;
- Allowing you to participate in sweepstakes and promotions, which may have additional rules and treat your personal information differently; and
- Other purposes: we may also share your information with other parties as we describe to you from time to time when we collect your information.
External Processing. SIO may share your information for a business purpose. In the preceding twelve months, SIO disclosed user information to the following categories of third parties:
- Its vendors, business partners, and affiliates
- Service providers
- Customer support
- IT support
- The companies that produce, distribute, market, and/or sell the products we sell on the site, including (without limitation) Living Essentials, LLC, Innovation Ventures, LLC, and Agency 5, LLC
- Third parties to whom you or your agents authorize us to disclose your personal information.
In the event such information is shared with a third-party, or in the event you may be directed to a third-party website, you may be subject to the privacy policies of such third-parties and their websites.
Third Party Advertising Vendors. SIO and the Site may use third-party advertising companies (such as Google and Facebook) that employ the use of pixel tags, web beacons, clear GIFs, advertising cookies or other similar technologies to help with our online and email advertising campaigns. SIO uses these third-party services to deliver targeted ads to you on our Site and across the web on your devices. Examples of third-party service providers include:
- Twitter. You can learn more about Twitter’s interest-based advertising or opt-out through Twitter here.
- Facebook. To learn more about how Facebook uses your data please visit here or log on to your Facebook account and access your settings. To understand more about Facebook advertising please see here.
Cookies and Other Tracking Mechanisms. As with many Internet sites, we may use “cookies” or “web beacons” to, among other things, enhance the functionality of the Site and to make transactions and other activities through the Site more convenient and efficient for visitors. A “cookie” is a file stored locally on a user’s computer. Most Internet browsers include preference settings that allow users to be notified and control whether cookies are transferred to their computers. We may monitor, use, and share data obtained from cookies to measure the Site’s performance, activity, and improve the Site’s design and functionality.
You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes information on cookies and how to block cookies on different types of browsers and mobile devices. However, by blocking or deleting cookies used on this Site, you may lose full functionality of the Site.
We may also use pixel tags (also known as web beacons and clear GIFs) on the Site to track your actions on the Site. Pixel tags are embedded invisibly on webpages and help us measure the success of our marketing campaigns and compile statistics about your usage of the Site.
OTHER IMPORTANT INFORMATION
Age Restrictions. SIO does not knowingly market to, solicit, or collect data from persons under the age of 18. If you are under the age of 18, we ask that you do not use this Site. While we do not take any special action to learn your age, if we learn that you are under 18 years of age, we will not maintain or use any personally identifiable information about you. If you believe your minor-child has provided personally identifiable information to us, please contact us so we can allow you the opportunity to review and delete such information.
Sale or Transfer. In the event of the sale of SIO, or in the event of a transfer of our assets, Site, or operations, SIO may disclose or transfer your personal information in connection with such transaction. In the event of such a transfer, SIO will notify you via email or by posting a prominent notice on our Site for 30 days of any such change in ownership of SIO resulting in a change of control of your personal information.
Disclosure pursuant to law. We will also disclose your personal information, without notice, when required to do so to: (a) conform to the edicts of the law or otherwise comply with legal process served on SIO or the Site; (b) protect and defend the rights or property of SIO; and, (c) protect the personal safety of customers of SIO, users of the Site, or the public.
Authorized Use In United States Only. The Site is intended for United States residents only and is subject only to the laws of the United States, which may not provide the same level of protections as those in other countries. If you access the Site from outside of the United States, you understand, acknowledge, and agree that your information, including personal information, will be sent to, and processed in, the United States, Canada, and/or India. Your personal information may therefore be subject to privacy laws that are different from those in your country of residence. By using the Site, you consent to the collection, processing, maintenance, and transfer of such information to the United States, Canada, and/or India, as well as any other applicable territories.
Consent to processing. By using or providing information to the Site, you understand, agree, acknowledge, and unambiguously consent to the collection, processing, sharing, and use of such information in the United States for the purposes set forth in this Policy.
Security. Due to the nature of the Internet, we cannot and do not guarantee that communications with the Site will be secure or free from unauthorized access.
California residents have specific rights regarding their personal information. This section describes how a California resident may exercise those rights.
NOTE: we do not sell your personal information as defined under the California or Nevada data laws.
Rights to Access Personal Information. California residents have the right to request that we disclose certain information to them about our collection and use of their personal information over the past 12 months. If we receive and confirm your verifiable consumer request as a California resident, we will disclose:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, in which case, we will provide two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Rights to Deletion of Personal Information. California residents, subject to certain exceptions, have the right to request that we delete any of their personal information that we collected and retained. We may deny such a deletion request in compliance with valid exceptions if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access and Deletion Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only a California resident, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information under this section.
We will process and respond to your request within 45 days after it is verified (in some cases this process may be extended by an additional 45 days).
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
At this time, this Site does not support do-not-track signals.
To “opt-out” of (1) any consents previously given to us, (2) receiving communications from us, or (3) having personal information disclosed to third parties, click to Unsubscribe. Notwithstanding this right to request the cessation of communications from us and to have us not share personal information with third parties, we retain the right to collect, maintain, and process information provided by and collected about you, on and through the Site, and disclose such information to comply with its reasonable business and legal obligations.
ACCESS TO PERSONAL INFORMATION
To the extent that you may provide personal information to us on or through the Site, we will allow reasonable access to, and review of, such information, where such information is readily available, upon proper verification and authentication that the person seeking such access and review provided the personal information. You may request review and revisions to your personal information through this form. After successful verification, we will change and/or delete your personal information at your request.
Messaging Terms & Conditions
Last Updated: 7/7/2023
These Messaging Terms & Conditions (“Messaging Terms”) constitute a legally binding agreement (“Agreement”) between SIO Online, LLC (also including, for purposes of this Agreement, its business associates, affiliates, subsidiaries, and agents, collectively, “SIO”), and you, personally and on behalf of any entity you represent (“You”), so please read them carefully. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from SIO (appearing as “5-hour ENERGY”) , including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply.
Message frequency will vary. SIO reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. SIO also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. SIO, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that SIO and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from SIO through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please visit https://5hourenergy.com/pages/contact and submit the form with details about your problem or your request for support, or email email@5HourEnergy.com.
This message program is a service of SI Online, LLC, located at 38955 Hills Tech Drive, Farmington, Michigan 48331.
- General. In the interest of resolving disputes between you and SIO in the most expedient and cost effective manner, you and SIO agree that any dispute arising out of or in any way related to these Messaging Terms or your receipt of text messages from SIO or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from SIO or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND SIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or SIO to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and SIO will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting SIO. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or SIO intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). SIO’s address for Notice is: 38955 Hills Tech Drive, Farmington, Michigan 48331. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and SIO will make good faith efforts to resolve the claim directly, but if you and SIO do not reach an agreement to do so within 30 days after the Notice is received, you or SIO may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SIO must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, SIO will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse SIO for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and SIO agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or SIO made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND SIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SIO agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if SIO makes any future change to this arbitration provision, other than a change to SIO address for Notice, you may reject the change by sending us written notice within 30 days of the change to SIO address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and SIO.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
If you have questions or concerns about your privacy when using the Site, contact SIO via this form:
SI Online, LLC
38955 Hills Tech Drive
Farmington Hills, MI 48831