Privacy Policy

1. Scope and Applicability

This Privacy Policy applies to:

• Visitors to 5th Element websites and secure portals
• Licensed healthcare professionals and medical organizations applying for or maintaining an account
• Authorized internal sales agents operating under independent contractor agreements

5th Element does not offer consumer retail services and does not provide products directly to the general public.

2. Information We Collect

2.1 Business and Contact Information

• Full name
• Business or practice name
• Professional email address and phone number
• Billing and shipping addresses
• Employer Identification Number (EIN)

2.2 Professional Credentialing Information

• National Provider Identifier (NPI)
• Medical license information
• Practice or institutional affiliation
• State(s) of licensure

This information is collected solely for account eligibility verification and regulatory compliance.

2.3 Account and Transaction Information

• Account login credentials (stored in hashed or encrypted form)
• Order history, invoices, credits, and fulfillment records
• Payment transaction references (processed by third-party payment providers)
• Shipping confirmations and carrier metadata

5th Element does not store full payment card numbers or banking credentials.

2.4 Automatically Collected Technical Information

• IP address
• Device and browser identifiers
• Operating system information
• Access timestamps and activity logs
• Cookies and similar technologies

3. Explicit Prohibition on PHI

5th Element does not collect, store, or process Protected Health Information (PHI).

Users are strictly prohibited from submitting PHI, including but not limited to:

• Patient names or identifiers
• Medical records
• Diagnoses or treatment notes
• Lab results
• Patient images

This prohibition applies to all order notes, uploads, support tickets, emails, and portal communications. Any PHI submitted in violation of this policy may be deleted without notice.

5th Element is not a HIPAA Covered Entity and is not a Business Associate.

4. How We Use Information

Information is used solely for legitimate business purposes, including:

• Account verification and eligibility review
• Order processing, fulfillment, and logistics
• Billing, credits, and payment reconciliation
• Regulatory, legal, and audit compliance
• Fraud prevention and system security
• Operational and service-related communications

Marketing communications are sent only where legally permitted and may be opted out of at any time.

5. Information Sharing

Information may be shared with:

• Payment processors
• Shipping and logistics providers
• Credential verification services
• Secure cloud and infrastructure providers

All third parties are contractually required to maintain confidentiality and appropriate security controls.

Information may also be disclosed when required by law, regulation, or lawful governmental request.

6. Data Security

5th Element implements administrative, technical, and physical safeguards, including:

• Encryption in transit and at rest
• Role-based access controls
• Authentication and activity logging
• Periodic internal security reviews

No system is completely secure. Use of 5th Element services constitutes acknowledgment of this inherent risk.

7. Data Retention

Information is retained only as long as necessary to:

• Fulfill operational and contractual obligations
• Comply with legal and regulatory requirements
• Resolve disputes and enforce agreements

8. Your Rights

Where permitted by law, users may request access, correction, or deletion of personal or business information, subject to mandatory retention requirements.

9. Cookies and Tracking

Cookies are used solely for essential functionality, performance monitoring, and security purposes. Browser settings may be used to manage cookies.

10. International Use

5th Element operates exclusively within the United States. Information is processed and stored in the United States.

11. Contact

Privacy Officer
5th Element LLC
privacy@5thelement.com
info@5thelement.com