Privacy Policy

Last Updated: October 31, 2018

A Row Above, LLC d/b/a Fortafy (“Fortafy”, “we”, “ our” or “us”) takes your privacy and security seriously and provides this privacy policy (the “Privacy Policy”) to describe the ways in which we collect, store, share, and use your personally identifiable information (“Personal Information”) when you visit or otherwise use fortafy.us, and any other websites, software, applications and features that link to or incorporate this Privacy Policy (the “Services”). By using, accessing, or visiting the Services in any way, you agree to the Privacy Policy in full and without modification.

We may modify or replace this Privacy Policy at any time by updating this document on the Services. You will be notified of such update by email or on the Services. You agree to be bound by the most recent version of the Privacy Policy posted on the Services following notification of any update.

Types of Personal Information Collected

We may collect Personal Information from you when you access or use the Services, including when you create an account, contact us, interact with other registered users (“Users”). We may collect the following types of Personal Information:

Information used to register an account.

You will be required to create a user account to become a User of the Services and access the full Services. When registering, you will be prompted to submit Personal Information including your name, contact information, email address, phone number, physical address and, if applicable, business or entity information. You may also be required to submit a social security number or other identifying financial information, work history, educational history and other information typically found on your resume such as licenses, skills and test scores. You may also choose to submit a photo or sample work when registering.

Information you submit to other Users.

As a User, you may interact with other Users, including to provide or receive certain services. When interacting with other Users, you may submit Personal Information, such as contact information, project information, personal financial information, social security number or other information related to or required for a specific project, service, or work request by the other User. Information you submit to other Users, even if not provided through the Services, may be collected by Fortafy and combined with other Personal Information we have about you.

Your payment information.

This may include payment information needed to complete payments to Fortafy, other Users, or for any other permissible purpose.

Identity verification.

We may collect Personal Information, such as your date of birth or taxpayer identification number, to verify your identity or as may be required by law, including for tax. We may request documents to verify your information, such as a copy of your government-issued identification or similar document.

Information you submit.

We may collect information you submit to Fortafy, whether or not through the Services. For example, you may post graphics, text, or other content to the Services, including User reviews and posts to our community pages. Anything you post to a User group is public. Others will have access to your Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information in any blog, comment section or other forum on the Services or link to your Profile, that information will be considered public information and the protections of this Privacy Policy will not apply.

Information automatically gathered.

This includes details about your browser, computer, mobile device, Internet Protocol “IP” address or unique device identifier “UID”, and Services usage. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. In order to collect this information, the Services and our marketing partners, affiliates, analytics and service providers may use clear .gif files, browser fingerprints, pixels, data log files, heatmap files, web beacons, embedded scripts, and small text files known as cookies. Most web browsers and mobile devices allow you to disable cookies, but doing so will prevent you from utilizing and benefiting from all of the Services.

Information collected by our third-party service providers.

Our third-party service providers, including Google and other third party analytics and content providers, may automatically collect certain information from you whenever you access or interact with the Service. Certain mobile service providers may also provide us and our service providers with information regarding the physical location of the device used to access the Services.

We may combine Personal Information and non-identifying information, but Fortafy will treat the information, when combined, as Personal Information.

Referral Program – Fortafy may offer a referral program “Referral Program” through which you can share information from the Services with friends and colleagues. To do so, you will need to enter the referee’s email address. Fortafy may store this information for the sole purpose of sending your one-time referral email and tracking the success of the referral program. The referee can contact us at legal@fortafy.us to request us to remove their information from our database.

Social Sign-On – You may register with the Services by connecting your account with a third party social networking service (i.e. Facebook, LinkedIn or other third party services that let you sign in using your existing credentials with those services) (“SNS”). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. What we may share with the SNS is governed by the terms below. The Services also may enable additional interactions with an SNS. For example, if you choose to “like” or share content, or to otherwise share information from or via our Services with an SNS or other third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). Your interactions with third parties are governed by the respective privacy policies of those third parties. You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Fortafy to pay any fees or making Fortafy subject to any usage limitations imposed by such SNS. You can disable the link between your Fortafy account and your SNS account at any time in your User account. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your Fortafy account and your SNS account will terminate as well.

Use and Sharing of Your Personal Information

We may use and share your Personal Information with third parties. We may share aggregated non-identifiable information and non-identifying information with third parties. We may also share information that we have first de-identified by using hashing or a unique identifier to replace Personal Information. This may be accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. The code or unique identifier does not identify you directly, but it may be used to connect your activity and interests. We may also share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent or as otherwise set forth in this Privacy Policy, including:

• To facilitate the provision of Services and provide technology and other User support.
• To enable Users to interact, on and off the Services.
• To process payments.
• To verify the information you provide.
• To optimize or customize your experience on the Services, including to identify and provide certain information, offers, products, or services of Fortafy, other Users and our partners to you. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless we first provide you with the opportunity to opt-in to or opt-out of such sharing.
• To fulfill obligations with vendors, service providers, partners and other third parties. We may utilize third parties to facilitate certain aspects of the services, including maintenance, analytics, support, payment processing. These third parties may have access to your Personal Information in the course of performing their functions.
  To notify you about changes to the Services, or otherwise communicate with you, including regarding new products, services, surveys, or promotions that we or our partners may offer from time to time. These notifications may come through any channel for which you have provided information to us, including email, mail and SMS. You may opt-out of certain marketing communications, will not be able to opt-out of administrative or Service related messages without disabling your User Account.
• To provide you with sponsored content, marketing material, or other opportunities.
• To collect and combine information about you with information collected by third parties.
• To comply with all laws, regulatory processes, and legal processes, including to conduct an investigation, to protect the property and right of Fortafy or a third party; to protect the safety of any other party; or to prevent or stop activity we consider to pose a risk of illegal, unethical or otherwise legally actionable. This may include disclose to governments, law enforcement officials or private parties as we, in our sole discretion, deem reasonable to respond to claims and legal process, including subpoenas, or otherwise protect the property or safety of Fortafy, any person or property.
• In conjunction with the due diligence for and eventual completion of a sale, merger, acquisition or other change of ownership, control or investment of Fortafy or with respect to the sale of any assets of Fortafy.
• To post press releases and testimonials. If you wish to update or delete your testimonial, you can contact us at legal@fortafy.us.

Changes to User accounts

You may edit information in your User account through the account. You cannot edit in your account information posted by third parties. Upon request, Fortafy will provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may access, correct, or request deletion of your personal information by making updates to that information or by contacting us. If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you would like us to delete your account in our system, you can do so through your User account. We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Services even if you close your account. In addition, your Personal Information may remain in our archives or may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Services.

Use of Services by Minors

You must be at least 18 years of age (or older, if required) to use the Services. In addition, we do not knowingly collect any Personal Information from children younger than 13 years of age. If we become aware that we have Personal Information from a child younger than 13, we take steps to remove such information and terminate the User’s account. If you become aware that someone under the age of 13 is using the Services, please contact us at legal@wethos.co as soon as possible.

Our Response to Do Not Track Signals

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Fortafy does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit https://www.allaboutdnt.com

International Transfer of Personal Information and Transfer to Successors

Fortafy is a United States company. If you are located outside the United States and choose to provide information to us, Fortafy transfers Personal Information to the United States for processing. The U.S. may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the U.S., we will protect it as described in this Privacy Policy. By visiting the Service, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States.

We may transfer your Personal Information in the case of a sale, merger, or reorganization of Fortafy. In the case of such a transfer, the transferee will be bound by the terms of this Privacy Policy.

Security

Fortafy is committed to protecting your security. As such, we utilize a variety of security measures, including electronic, physical, and managerial safeguards. However, we cannot guarantee the security or integrity of our databases, nor can we guarantee that information you transmit over the internet won’t be intercepted while being transmitted to us or at any point thereafter. Therefore, you agree that you transmit Personal Information to the Services at your own risk and that Fortafy will not be responsible or liable for any cost, harm, damage, claim, expense or any other loss related to the transmission, storage, use or breach of any Personal Information.

Analytics and advertising providers

We use Google Analytics to analyze and collect certain information and usage metrics. We may combine this information with other information we collect from or about you. You may opt-out of this service by following this link: https://tools.google.com/dlpage/gaoptout/

We may use other analytics, agencies and other vendors to provide us with information related to use of the Services. These providers may collection certain information about your visits to and activities on the Services. In addition, they may place certain tracking technologies on the Services and your device, including cookies.

We may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit https://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or https://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. If you opt-out through these mechanisms, you will still receive advertising, but these ads will be generic and not targeted.

Third Party Links and Sharing

The Services may contain and additionally Users may post or shares links to third party websites, applications, or downloads. We do not review or screen for the safety or veracity of these links. Please use caution when visiting any third-party links or content. You agree that Fortafy will not be held for any cost, harm, damage, claim, expense or any other loss related to or arising out of your interaction with any third-party links or content.

If you agree to share information with or receive information, including marketing offers, from any third parties on the Services, you will be subject to the privacy policies and practices of that third party. You are advised to review those policies. Fortafy is not responsible for the actions of third parties you interact with on the Services. If you later wish to cease sharing or receiving information from a third party, you will need to contact them directly.

California Residents – Your California Privacy Rights

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as Fortafy does, by disclosing in its privacy policy that it provides consumers choice (opt-in or opt-out) regarding sharing Personal Information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Fortafy provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Fortafy offers that choice, Fortafy does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: legal@fortafy.us or write to us at the following mailing address:

P.O. Box 660221
Austin, TX 78766

You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Contacting the Company

If you have any questions about this Privacy Policy, you may contact us at:

Fortafy
P.O. Box 660221 Austin, TX 78757
legal@fortafy.us