Privacy Policy

Introduction

This document sets forth the Five9 Network Systems, LLC ("Five9 Network Systems") Online Privacy Policy (the "Privacy Policy") for this web site, www.Five9network.com (the "Site"). If you have objections to the Privacy Policy, you should not access or use the Site. This Privacy Policy does not govern privacy practices associated with offline activities.

Definition of Personal Information

For purposes of this Privacy Policy, "personal information" is defined as any information that identifies or can be used to identify, contact or locate the person to whom such information pertains.

Changes to Privacy Policy

The personal information that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. Five9 Network Systems reserves the right to change the Privacy Policy from time to time at its sole discretion, and will provide notice of material changes on the Site. If, as the result of such changes, you want to alter the ways in which Five9 Network Systems is allowed to use your personal information, you can do so by following the procedure described below in the section entitled "Updating your Personal Information and Privacy Preferences." You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the Site after such notice has been posted for thirty (30) days with the following exception: if at the time you provide personal information to Five9 Network Systems you are given the opportunity to limit how such information will be used to communicate with you, either by Five9 Network Systems or by third parties, Five9 Network Systems will not change your preference in this regard without your express consent. However, if Five9 Network Systems sells assets (or the assets of a division or subsidiary) to another entity, or Five9 Network Systems (or a division or subsidiary) is acquired by or merged with, another entity, Five9 Network Systems may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent.

Entity Collecting Personal Information

Personal information on the Site is collected by Five9 Network Systems, LLC. The Site may contain links to other sites at which personal information may be collected. In such instances, unless expressly provided to the contrary, the collection and use of your personal information will be governed by the privacy policy applicable to that site. The relevant privacy policy should identify the entity that is collecting your personal information.

Collection of Personal Information

As a visitor to the Site, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing online software applications, downloading documentation or requesting additional information, Five9 Network Systems may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Five9 Network Systems may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, telephone and facsimile numbers, and other personal information. When ordering products or services on the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. When you use the Site, Five9 Network Systems or third parties authorized by Five9 Network Systems may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol ("IP") address of your computer. We use these environmental variables to facilitate and track usage of the Site and its services. Without expressly informing you in each particular circumstance, we do not match such information with any of your personal information. When you submit personal information to Five9 Network Systems through the Site, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Five9 Network Systems and its affiliates and subsidiaries maintain offices, including without limitation, the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage and processing of your information may be undertaken by trusted vendors of Five9 Network Systems. Such vendors are typically bound by contract to not use your personal information for their own purposes or provide it to any third parties. The Site may contain links to websites maintained by third parties who may request and collect your personal information. Unless expressly provided to the contrary, personal information that you provide while you are visiting such a website will be subject to the privacy policy posted on such other website. In order to reduce errors in our database, authenticate our users and prevent abuse of our system we may on occasion supplement the personal information you submit to us with information from third party sources. For example, we may supplement your registration information with address information provided by the U.S. Postal Service to qualify your information and prevent errors in our database.

How your Personal Information is used

Five9 Network Systems collects your personal information in order to record and support your participation in the activities you select. If you download a software product, for example, your personal information is used to track and administer our software licenses and to register your rights, if any, to maintenance and support or other benefits that may be made available to licensees. As another example, if you request a technical document or other information from Five9 Network Systems, personal information may be collected to enable us to deliver such information to you and to contact you to determine whether you need further information, products or services. Your personal information may also be used to keep you informed about product upgrades, new products and other products and services of Five9 Network Systems and selected third parties if you have so opted to receive such communications. Five9 Network Systems may collect information about the use of the Site, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. Five9 Network Systems may use this aggregate, non-identifying statistical data for statistical analysis, marketing or similar promotional purposes.

Your Choices with Respect to Personal Information

Five9 Network Systems recognizes and appreciates the importance of responsible use of personal information collected on the Site. Without your consent, Five9 Network Systems will not communicate any information to you regarding products and services available from Five9 Network Systems, although we may find it necessary to communicate with you regarding your use of the services on the Site. Except in the particular circumstances described in this Privacy Policy, Five9 Network Systems will also not provide your name to other companies or organizations without your consent. There are other instances in which Five9 Network Systems may divulge your personal information. Five9 Network Systems may provide your personal information if necessary, in Five9 Network Systems's good faith judgment, to comply with laws or regulations of a governmental or regulatory body or in response to a valid subpoena, warrant or order or to protect the rights of Five9 Network Systems or others.

Use of Cookies

When you visit the Site, you can browse the Site and access important information without revealing your identity. In order to improve our Site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables Five9 Network Systems to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.) While Five9 Network Systems uses cookies to track your visit to Five9network.com, and our Web servers automatically log the IP/Internet address of your computer, Five9 Network Systems does not generally use this information to identify you personally. We may aggregate this data to understand how the Site and services are being used.

Updating Your Personal Information and Privacy Preferences

You have the right to access and correct your personal information and privacy preferences at any time. You may access and correct your personal information and privacy preferences (such as whether you wish to receive promotional communications from Five9 Network Systems or third parties) by emailing marketing@five9network.com. In your correspondence, please indicate with as much detail as possible the location on the Site where you provided your personal information and the personal information provided.

Privacy Related Inquiries and Complaints

Five9 Network Systems takes its customers' privacy concerns seriously. If you believe that Five9 Network Systems has not complied with this Privacy Policy with respect to your personal information or you have other related inquiries or concerns, please notify Five9 Network Systems immediately at the address above. In your letter, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly. Please note that Five9 Network Systems is not responsible for the content or privacy practices of non-Five9 Network Systems websites to which the Site or any other Five9 Network Systems website may link. You should review the privacy policy of such sites before using the sites.

Effective Date

This Privacy Policy was revised on and is effective as of July 2, 2009.