Privacy Policy
Thank you for visiting the website of Fortify Energy (“Fortify,” “we,” or “us”). An important part of our commitment to you is our respect for your privacy as a user of the Fortify website (the “Website”). This Privacy Policy seeks to help you understand whether and how we collect information about you when you visit the Website and how we use such information.
By visiting the Website, you agree to this Privacy Policy and our Terms of Use, which may be updated by us at any time. If we update our Privacy Policy, we will post the updated Privacy Policy here. Any such changes will be effective upon posting. You should consult the “Privacy Policy” link on this Website each time you visit the Website. If you do not agree with anything contained in this Privacy Policy, you should not use the Website.
This Privacy Policy concerns only the Website and does not concern any website to which the Website may link. Should you choose to visit these third-party sites, you should review their privacy policies to ensure that you understand and are comfortable with their practices concerning your personally identifiable information.
The Types of Information We Collect About You
When you enter and browse the Website, we may collect two different types of information about you: information you provide to us, and information we collect through technology.
Information You Provide to Us. In order to obtain access to certain information or materials provided via the Website, you may have to provide information that we collect and store in a way that allows us to relate it to you personally, including but not limited to your name, e-mail address, mailing address, and phone number. We refer to such information as personally identifiable information. Additionally, we may collect and retain a record of all communications with you.
Information We Collect Through Technology. We may collect information about you through technology. For example, we may collect your IP address each time you request a page during a visit to the Website. (An IP address is often associated with the portal through which you enter the Internet.) At times, we may also use IP addresses to collect information regarding the frequency with which users browse various parts of the Website.
The Website may also use other technical methods to track and analyze the traffic patterns on the Website, such as the frequency with which our users visit various parts of the Website. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send our Website users to determine whether such users have opened those e-mails and/or clicked on links in those e-mails. We may collect the information from use of these technical methods in a form that is personally identifiable.
During some visits, we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), and methods used to browse away from the page. We may use this information to measure Website activity, to develop ideas for improving our Website, and for any other purpose to the extent permitted by applicable law.
Cookies and How We Use Them. Cookies are small text files that may be placed on your browser when you visit our Website. Cookies are used primarily for administrative purposes to improve your experience with our Website. For instance, when you return to the Website after logging in, cookies provide information to the Website, including personal information, so that the Website will remember who you are.
The Website www.fortify.energy uses cookies primarily to capture anonymous analytics to improve our Website experience and performance. This includes compiling statistical information concerning, among other things, the frequency of use of our Website, the pages visited, and the length of each visit, as well as information about your computer, operating system, browser, language, and country. We do not use cookies to store any personal information that could be read or understood by others.
Our Use of Your Personally Identifiable Information
Fortify does not disclose any nonpublic personally identifiable information about its Website users to any nonaffiliated third party, except as set forth below.
We may use or disclose certain personally identifiable information we collect about you when you visit and browse the Website as part of our normal business operations, or to send you administrative communications either about your interactions with us or about features of the Website, including any future changes to this Privacy Policy.
We will use or disclose personally identifiable information when we believe that such disclosures are required by law, regulation, legal process, subpoena, document request, or governmental request. For example, it may be necessary, under anti-money laundering and similar laws, to disclose information about investors in order to accept subscriptions from them. We may also do so to help enforce our Terms of Use, protect your safety or security, including the safety and security of property that belongs to you, or protect the safety and security of our Websites, databases or third parties, including the safety and security of tangible or intangible property that belongs to us or to third parties. Fortify, however, reserves the right to use any personally identifiable information in any manner permitted by law.
How We Use Your Non-Personally Identifiable Information
Non-personally identifiable information is information that does not personally identify you, including anonymous information and aggregate data. We may use this information to understand better how our visitors use the Website, research our visitors’ demographics, interests, and behavior, improve the Website, provide visitors with customized services and information, and for other similar purposes. We may combine this information with personally identifiable information. We may share this information with others, such as investors, for information or promotional purposes, and may use this information in any manner permitted by law, but any disclosure that identifies you personally will be governed by Section 2 of this page.
Protection of Information
We endeavor to protect your personally identifiable information. We use technical, administrative, and physical methods to maintain the integrity and security of our databases, including firewalls. However, please be aware that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications. We will not be responsible or liable for any damages, losses or causes of action arising out of or in connection with the disclosure of your personally identifiable information.
Limitation of Liability and Disclaimers
IN NO EVENT SHALL FORTIFY OR ITS RELATED PERSONS (AS DEFINED BELOW) BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE), OR DISTRIBUTION OF THE WEBSITE, INCLUDING DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE WEBSITE. THIS IS TRUE EVEN IF FORTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Fortify and its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates, and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Website, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery.
While we use reasonable efforts to obtain information from reliable sources, Fortify does not warrant that the information in this Website is accurate, reliable, complete, or correct, or that this Website will be available at any particular time or location. Such information or materials are provided “as is” and “as available.” Please be aware that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Website or made via the Website may not be secure.
Governing Law and Forum
The laws of the State of Texas govern this Privacy Policy and the Terms of Use. Any dispute relating to this Privacy Policy, the Terms of Use, or your use of the Website shall be resolved solely in the state courts located in Harris County, Texas. You agree to waive trial by jury in any such action.