PRIVACY POLICY

Effective: June 20, 2019

Fortify Children’s Health, LLC (“Fortify” or “we” or “us”) takes your privacy very seriously. This policy describes how we use the information that you provide when using our website, www.fortifychildrens.org (our “Site”). By using our Site, you agree to and consent to the collection and use of your information as described below.

If you do not want us to use your information or your data as stated in this Privacy Policy, please do not use our Site.

INFORMATION WE COLLECT

Non-Identifiable Information

We may collect some non-identifiable information from you. This includes information that tracks the device you use to access our Site (such as the type of device, the time and date of your access, your browser type, IP address, and other information related to how your device interacts with our Site (but this is not information that could be used to identify you or contact you).

Identifying Information

You can review educational material and information about Fortify without providing us with any identifying information. However, to access certain features of our Site (such as requesting additional information), you will be required to provide us with certain information about yourself which may include your first and last name, email address, street address, mobile telephone number or other telephone number, and zip code. If we are assisting a specific question, you will also need to provide us with other information (for example a description of why you are contacting us, the best time and method to reach you). If you send us comments, you will also provide us with other information in doing so.

We may also, from time to time, request additional types of personal information. For example, we might ask you about your experience on our Site or with Fortify affiliated providers. It’s up to you whether you provide this information. We will not disclose any of this personal information unless you expressly authorize us to do so. We do not sell or lease your personal information with other parties. We may share your personal information as necessary to provide you with services and resources, as we describe below.

We may also collect your information if you sign up for newsletters or for customized information that we may deliver via emails.

Children

This Site is intended for individuals 18 or older. If you are under 18, please do not use our Site or provide our Site with any personal information.

Cookies

When you use our Site, we use “cookies” or similar files to collect information about you and your device. Cookies are small pieces of instruction stored on your hard drive or device. They may enhance your experience as you navigate our Site. A “session cookie” disappears after you close your web browser, or may expire after a fixed period of time. A “persistent cookie” remains after you close your web browser and may be accessed every time you use our Site. We may use both session and persistent cookies. You can set your browser to warn you prior to accepting cookies and/or reject them entirely. At this time, you do not need to accept cookies in order to use our Site.

We may use Local Storage Objects (“LSOs”) such as HTML5 to store content information and preferences. Various browsers may offer their own management tools for removing HTML5 LSOs. We may not recognize or respond to “do not track” technologies employed by your browser.

We may also occasionally use “web beacons” (also known as “clear gifs,” “web bugs,” “1-pixel gifs,” etc.) that allow us to collect non-identifiable information about you. Web beacons are tiny images, placed on a web page or e-mail that can tell us if you have visited a particular area of our Site. Because web beacons are used in conjunction with persistent cookies (described above), if you set your browser to decline or deactivate cookies, web beacons cannot function.

There may be other tracking technologies now and later devised and used by us in connection with our Site. Further, third parties may use tracking technologies with our Site. We do not control those tracking technologies, and we are not responsible for them. However, you consent to potentially encountering third party tracking technologies in connection with your use of our Site and accept that this Privacy Policy does not apply to the tracking technologies or practices of such third parties. In such cases, you must check the third party websites to confirm how your information is collected and used.

Our Site also uses Google Analytics to help our Site collect and process data. To see how Google uses this data, go to www.google.com/policies/privacy/partners/.

HOW WE USE AND DISCLOSE YOUR INFORMATION

Uses and Disclosures

When you provide our Site with information, we typically use it to customize your experience and to provide you access to our Site and services. We use your information to help us improve the design and performance of our Site.

We may use the information you provide to send you notices that contain information about events, content, materials and services that may be of interest to you. When we do this, we do not disclose your information to third-party organizations. Unless you consent, we will not use the information provided by you in a way that is incompatible with the purposes for which it was originally collected or subsequently authorized by you. We will never try to sell you anything.

We may disclose your information if we need to so a third-party vendor can help us provide our services (for example if we use a vendor to help us manage our Site). We may also use other vendors. We make sure those vendors have strict confidentiality practices. We may also disclose your information if, among other things, we are required to do so by law or if acting with a good faith belief that such disclosure is reasonably necessary to: (1) comply with legal process, including, but not limited to lawful subpoenas; (2) enforce the Terms of Use of our Site; (3) respond to legal claims; (4) respond to your requests for customer services or transaction completion; or (5) protect the rights, property, or personal safety of our Site, its users, or the public.

HOW WE SECURE YOUR INFORMATION

Our security measures are designed to protect your information from loss, unauthorized access, disclosure, alteration, or destruction. Our Site has physical, electronic, and managerial procedures, such as Secure Sockets Layer (SSL) software, which encrypts information you provide to us on our Site. This protects your information and helps prevent unauthorized access. Although we take these measures to protect against unauthorized disclosure of your information, we cannot guarantee you that your Information will never be disclosed in a manner that is inconsistent with this Privacy Policy.

Opting Out of Communications from our Site

By providing your email address and phone number to us, you automatically grant permission to our Site to send communications to you, unless you opt out at that time. You may also manage your preferences and opt out of receiving email communications by clicking “unsubscribe” from an email sent to you by our Site or by contacting us at support@fortifychildrens.org.

ACCESSING THIRD-PARTY SITES FROM OUR SITE

Our Site may provide links to websites of other organizations or companies that may offer materials and services as well as links to other sites. In using our Site or the linked sites of other organizations or companies, you may have the option to sign up for email lists operated by these organizations or companies. If you choose to request that your address be removed from the organizations’ or companies’ lists, we cannot control whether or not they will immediately stop using your address. To stop receiving communications from these organizations or companies, you should contact them directly.

APPLICATION OF THIS PRIVACY POLICY

This Privacy Policy applies only to the privacy of users of our Site. If you follow links and move from our Site to external websites owned or operated by other entities or individuals, you should read the privacy policies of those external websites carefully. The terms by which the owners or operators of those websites manage your information could differ from how our Site manages your information. Our Site is not responsible for the practices of these third parties.

CALIFORNIA SHINE THE LIGHT LAW

COMMUNICATIONS

Reporting Complaints

Our Site is committed to protecting your privacy and to protecting your information. If you have any complaints regarding these issues or how we process that information, or any other security-related issues regarding our Site, we urge you to contact us. Email us at support@fortifychildrens.org or call us at 1-833-324-1234.

Privacy Policy Updates

We may revise or enhance this Privacy Policy from time to time. We will post a current version of our Privacy Policy on our Site with the date the Privacy Policy became effective. If any modification is unacceptable to you, you should quit using our Site. If you do not quit using our Site, you will be conclusively deemed to have accepted the changes.

LEGAL

Assignment

Your information will remain subject to the terms of this Privacy Policy even if our Site undergoes an organizational transition. However, we may transfer your information to a successor entity upon a merger, consolidation, or other reorganization in which our Site participates or to a successor not-for-profit assignee or licensee of all or substantially all of our Site’s assets. You hereby consent to such transfers and our Site may assign and transfer all of the rights, benefits, duties, and obligations of this Privacy Policy, under the circumstances described in this paragraph.

Governing Law

This Privacy Policy is governed by and incorporated by reference into the Terms of Service, available at Terms of Use and should be interpreted in a manner consistent with that terms of use. Where an inconsistency exists between this Privacy Policy and the Terms of Use, this Privacy Policy shall control the relationship between the parties. If you believe we have violated this Privacy Policy, please contact us by email us at support@fortifychildrens.org or call us at 1-833-324-1234. If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Richmond, Virginia, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees.

To the fullest extent permitted by applicable law, no arbitration under this Privacy Policy shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.