- Visit our website
at http://www.fortifiedagency.com
- Engage with us in other related ways ― including any sales, marketing, or events
- "Website," we are referring to any website of ours that references or links to this policy
- "Services," we are referring to our
Website,
- Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our
Website
- Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the
Website . Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
- Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the
Website . For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.
- To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- To protect our Services. We may use your information as part of our efforts to keep our
Website safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our
Website , subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS?" below).
- Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
| Category | Examples | Collected |
A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name | |
B. Personal information categories listed in the California Customer Records statute | Name, contact information, education, employment, employment history and financial information | YES |
C. Protected classification characteristics under California or federal law | Gender and date of birth | |
D. Commercial information | Transaction information, purchase history, financial details and payment information | |
E. Biometric information | Fingerprints and voiceprints | |
F. Internet or other similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements | |
G. Geolocation data | Device location | |
H. Audio, electronic, visual, thermal, olfactory, or similar information | Images and audio, video or call recordings created in connection with our business activities | |
I. Professional or employment-related information | Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us | |
J. Education Information | Student records and directory information | |
K. Inferences drawn from other personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics |
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
- whether we collect and use your personal information;
- the categories of personal information that we collect;
- the purposes for which the collected personal information is used;
- whether we sell your personal information to third parties;
- the categories of personal information that we sold or disclosed for a business purpose;
- the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
- the business or commercial purpose for collecting or selling personal information.
- you may object to the processing of your personal data.
- you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data.
- you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
- you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.
Fortified Agency
Mobile Message Service Terms and Conditions
Last updated: Dec 15, 2021
The Fortified Agency mobile message service (the "Service") is operated by Fortify Enterprises, LLC (“ [insert Company Name] ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Fortified Agency’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Fortified Agency through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Fortified Agency. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (855) 956-4147. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Fortified Agency mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 956-4147 or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Basic Terms and Conditions
These Basic Terms and Conditions are the “Basic Terms and Conditions” referenced in a proposal or other engagement letter (the “Proposal”) between Fortify Enterprises, LLC (the “Company”) and the client referenced therein (the “Client”). In connection therewith, the parties agree as follows:
1. Definitions
As used herein and throughout this Agreement:
1.1 Agreement means the entire content of this Basic Terms and Conditions document and all Proposal document, together with any exhibits, schedules or attachments hereto.
1.2 Client Content means all materials, information, writings and other financial content provided by Client for use in the preparation of and/or incorporation in the Services.
1.3 Project means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal.
1.4 Services means all services and the work product to be provided to Client by Company as described and otherwise further defined in the Proposal.
2. Proposal
The terms of the Proposal shall be effective until the expiration date set forth therein. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution.
3. Fees and Charges
3.1 Fees. In consideration of the Services to be performed by Company, Client shall pay to Company fees in the amounts and according to the payment schedule set forth in the Proposal, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.
3.2 Expenses. Client shall pay Company’s incidental and out-of- pocket expenses including but not limited to costs for standard international phone calls, postage, shipping, overnight courier, parking fees and tolls, and taxis at cost relating to the Service.
3.4 Invoices. All invoices are payable upon receipt. A monthly service charge of 1.50% (or, if lesser, the greatest amount allowed by state law) is payable on all balances overdue by 30 days or more. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Company reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.
4. Client Responsibilities
This will confirm that you have asked the Company to perform the Services. Client shall be fully responsible for any failure or dissatisfaction arising from any of the Services performed using materials or software not recommended by the Company. To the extent Company performs Services at the Client’s facilities or other Client premises, Client shall without any charge to Company provide all reasonable facilities and assistance for the safety and convenience of the Company’s employees and representatives. Upon request of Company, Client shall appoint one or more representatives to receive any and all services and deliverables performed by the Company in connection with the Services.
5. Confidential Information
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
6. Independent contractors
Nothing in this Agreement, and no course of dealing between the parties, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between the parties or between one party and the other party’s employees or agents. Neither Company nor Client has the authority to bind the other, to incur any liability or otherwise act on behalf of the other. Each party shall be solely responsible for payment of its employee’s salaries (including withholding of income taxes and social security), workers’ compensation, and all other employment benefits.
7. Warranties and Representations
Company hereby represents, warrants and covenants to Client that Company will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services. Except for the express representations and warranties stated in this Agreement, Company makes no warranties whatsoever and Company explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the Project. Client hereby represents, warrants and covenants that the Client Content is true and correct in all material respects and that the Client will comply with all applicable laws, rules, regulations or judicial orders.
8. Indemnification/Liability
8.1 Company Indemnity. Company will indemnify, hold harmless and defend Client, its affiliates and their respective officers, directors, employees and agents, from and against all loss, expense, claim, liability, and defense costs, including reasonable attorneys’ fees, incurred in connection with any third party demands, assertions, claims suits, actions or proceedings: (i) alleging that the Services violate any applicable law, rule, regulation or judicial order, or (ii) arising from gross negligence or willful misconduct of the Company or its employees, subcontractors or agents in connection with the performance of the Services (in each case a “Claim”); except to the extent that a Claim arises from any Client Content or is caused by the acts or negligence of the Client. Client shall promptly notify Company in writing of any Claim and give complete control of the defense and settlement of the Claim to Company. Client shall fully cooperate with Company, its insurance company and its legal counsel in its defense of such Claim(s). This indemnity shall not cover any Claims in which Client fails to provide Company with prompt written notice, which lack of notice prejudices the defense of the Claim. The foregoing states the entire obligation of Company and exclusive remedy of Client with respect to Company’s indemnification obligations for the Services furnished pursuant to this Agreement.
8.2 Limitation of Liability. In no event shall Company be liable under this Agreement for any incidental, consequential, indirect, statutory, special, or punitive damages arising out of the use or performance of or loss of use of the equipment, lost profits, loss of time, inconvenience, loss of business opportunities, damage to goodwill or reputation, or loss of data, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Furthermore, in no event shall the Company's liability under this Agreement exceed the amount of Fees received by Client from the Company.
8.3 Client Indemnity. Client will indemnify, hold harmless and defend Company, its affiliates and their respective officers, directors, employees and agents, from and against all loss, expense, claim, liability, and defense costs, including reasonable attorneys’ fees, incurred in connection with any third party demands, assertions, claims suits, actions or proceedings due to a breach of any representation or warranty by the Client. Company shall fully cooperate with Client, its insurance company and its legal counsel in its defense of such Claim(s).
9. Term and Termination
9.1 This Agreement shall commence upon the Effective Date and shall remain effective until the Services are completed and delivered.
9.2 This Agreement may be terminated at any time by either party, with or without reason, with or without cause, upon thirty days’ prior written notice to the other party. In addition, either party may terminate this Agreement effective immediately upon notice, if the other party:
(a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
(b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten days from receipt of written notice of such breach.
9.3 In the event of termination, Company shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Company as of the date of termination, whichever is greater; and Client shall pay all expenses, fees, out-of-pockets together with any additional costs incurred through and up to, the date of cancellation.
9.4 Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive.
10. GENERAL
10.1 Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision thereafter.
10.2 Notices. Unless otherwise agreed to by the parties, all notices shall be deemed effective when received and made in writing by either (i) registered mail, (ii) certified mail, return receipt requested, or (iii) overnight mail, addressed to the party to be notified at the address set forth on the Proposal or to such other address as such party shall specify by like notice hereunder.
10.3 No Assignment. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party. Notwithstanding the foregoing, nothing herein shall prohibit Company from using independent contractors in order to perform the Services.
10.4 Force Majeure. Neither party shall be liable hereunder for any failure or delay in the performance of its obligations under the Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event the non-performing party shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. Each party may terminate this Agreement, at its option and without liability, if the other party is unable to perform under this Agreement, at its option and without liability, if the other party is unable to perform under this Agreement for a period of sixty days following the occurrence of a force majeure event.
10.5 Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Georgia without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. Any controversy or claim arising out of or relating to this Agreement or the Services or the breach of this Agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Such arbitration shall be administered in Fulton County, Georgia, and judgment on the award may be entered in any court having jurisdiction thereof. Each party hereby waives any claim that any legal proceeding (including any tort claim) has been brought in an inconvenient forum or that the venue of that proceeding is improper. The parties further agree, to the extent permitted by applicable law, to waive any right to trial by jury with respect to any claim, counterclaim or action arising from the terms of this Agreement.
10.6 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
10.7 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
10.8 Integration. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement. In the event of a conflict between the Proposal and any other Agreement documents, the terms of the Proposal shall control. This Agreement comprises this Basic Terms and Conditions document and the Proposal. By their execution, the parties hereto have agreed to all of the terms and conditions of this Agreement effective as of the last date of signature, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all of the terms and conditions herein.
10.9 Identification of Client for Marketing. Client agrees that Company may identify the Client as a client of the Company for marketing or other purposes.