Privacy policy
PRIVACY POLICY
LAST UPDATED: April 9, 2022
We are excited to welcome you to the Fortero Community! Your privacy is a top priority for us. This Privacy Policy (“Privacy Policy”) describes how we – SEISEIDOU AMERICA, INC. dba Fortero, and its respective parent, affiliate, and subsidiary companies, divisions, or designees (“us,” “we,” or “Fortero”) – collect, use, protect, and share the personal information of our customers. Customers include those who visit the Fortero Site, purchase our products, goods, and services, or otherwise interact with us.
READ THIS PRIVACY POLICY CAREFULLY. BY USING THE FORTERO SITE, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE FORTERO SITE.
1. PURPOSE OF POLICY.This Privacy Policy (available here) explains how Fortero uses your information and applies to all who access or use our fortero.com website, mobile or tablet websites, products available and accessible via our websites, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, contests, and any other materials or any other online activities or platform we own or control (collectively, the “Fortero Site”), or when you contact us in any manner. We created this Privacy Policy to give you confidence as you visit and use the Fortero Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Fortero Site and not to any other third party websites or mobile applications that you may be able to access from the Fortero Site, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy.
2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS AND CONDITIONS.All activities in which you may engage on the Fortero Site are voluntary. You are not required to provide any personal information (as defined below) to us unless you choose to access features on the Fortero Site that require such information. If you do not agree with the terms of this Privacy Policy or our Terms and Conditions on the Fortero Site (available here), then you should immediately exit the Fortero Site and discontinue using the Fortero Site. If you do not agree with the terms of our Privacy Policy and our Terms and Conditions, please do not provide us with personal information, and exit the Fortero Site. The Terms and Conditions of the Fortero Site are expressly incorporated herein by reference and made a part of this Privacy Policy. By using the Fortero Site, you agree to the terms of this Privacy Policy as well as to our Terms and Conditions.
3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY. This Privacy Policy is effective as of the date “Last Updated”, above, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the Fortero Site or we otherwise notify you of the changes. We reserve the right to change this Privacy Policy at any time. Changes, modifications, additions, or deletions will be effective immediately upon their posting to the Fortero Site. You should check this Privacy Policy periodically as its terms may change from time to time. Your continued use of the Fortero Site after we post any such modifications will constitute your acknowledgment of the modified Privacy Policy and your agreement to abide and be bound by the modified Privacy Policy. We will also revise the “Last Updated” date found at the beginning of this Privacy Policy when we post changes to it. At minimum, Fortero generally updates its Privacy Policy on an annual basis.
4. DISCLAIMERS. This Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Fortero’s control and is not to be applied in any manner contrary to applicable law or governmental regulation. This online Privacy Policy only applies to information collected through the Fortero Site. This Privacy Policy does not apply to any information we may collect from you in any place other than the Fortero Site.
5. NO USE OF THE FORTERO SITE BY PERSONS UNDER 18 PERMITTED. Fortero intends only persons who are 18 years or older to use the Fortero Site. Personal information submitted by a person under the age of 18 will not be accepted. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Privacy Policy. Fortero is committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of email and other activities online.
THE FORTERO SITE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF 18. IF YOU ARE BETWEEN THE AGES OF 13 TO 17 YEARS, YOU MUST ACCESS AND/OR USE THE FORTERO SITE ONLY WITH THE PERMISSION AND INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
6. NOTICE CONCERNING CHILDREN. The Fortero Site is a general audience site, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Fortero Site user is under age 13, we will promptly delete any personal information in that user’s account.
7. INFORMATION COLLECTION PRACTICES. Depending on how you use the Fortero Site, we may ask you to share personal information with us. Whether you choose to give us information is completely up to you; however, if you choose to withhold information, you may not be able to fully utilize the Fortero Site.
What Information Does Fortero Collect? We will receive, collect, store, and process information, including personal information and non-identifying information, when you interact with us and access the Fortero Site. Non-identifying information means information that alone cannot identify you, such as, but not limited to, data from cookies (discussed in greater detail below). Personal information means information about you that specifically identifies you, or, when combined with other information we have, can be used to identify you. You choose to give us certain information when using the Fortero Site. This generally includes but is not limited to the following types of information:
|
Category |
Specific Items of Personal Information |
|
Identifiers |
first and last name, user name, email address, postal address, phone number |
|
Demographic |
country of residence |
|
Commercial Information |
products/services purchasing history and tendencies |
|
Internet or other electronic network activity |
browsing, session, interaction, and search history related to our Website; Internet Protocol (or IP) address, protocol, and sequence information;; cookies; beacons; pixel tags; browser language and type; domain name system requests; material and pages viewed; time and date of access to the Website; number of bytes transferred; number of clicks per visit; operating system and platform, device type and device identifiers |
When Does Fortero Collect This Information? We may collect information when you interact with Fortero and the Fortero Site, for example when you:
- Access or use the Fortero Site.
- Purchase products, goods, or services, on or through the Fortero Site.
- Register or create or edit your account via the Fortero Site.
- Sign up to receive our email newsletter and receive news, information, and exclusive offers, etc.
- Contact us and submit inquiries regarding general information and marketing.
- Fill out online surveys, questionnaires, or forms.
- Post comments, or submit or upload photos or videos, reviews, testimonials, ratings, or other information and content to the Fortero Site, including to our social media.
- Participate in Fortero Site promotions, offers, contests, or sweepstakes.
- Send emails to us, including attached files.
- Open or respond to our emails.
- Contact customer support.
We also collect information that you provide by filling in webforms on our Website. This includes information provided when creating an online account, purchasing our Products or Services, subscribing to our e-newsletters or other communications, requesting information from us, submitting or posting material (where permitted) on our forums, or interacting with customer support or service, report a problem with our Website, Products, or Services, or otherwise communicating with us. We collect records and copies of your correspondence (including email addresses), if you contact us. We also collect information from our fulfillment and delivery service providers.
How Do We Use Your Information? In general, information you submit or share with us is used by Fortero for various purposes, including but not limited to the following:
- To enable your access to and use of our products, goods, and services and the Fortero Site features, as well as to allow you to participate in interactive features of the Fortero Site when you choose to do so.
- To create and manage your account with Fortero.
- To personalize your experience and to allow us to deliver the type of content, advertising, and offerings in which you are most interested.
- To provide, maintain, protect, develop, and improve the Fortero Site, and to notify you about changes to the Fortero Site.
- To fulfill your requests for products, goods, and services, and process and deliver your transactions and orders.
- To provide you with information in response to your inquiries, and to provide you with customer support.
- To administer contests, sweepstakes, promotions, surveys, or other Fortero Site features.
- To send periodic SMS messages regarding your order(s), including shipping and delivery updates.
- To send periodic emails regarding your order or other products, goods, and services.
- To email you information about the Fortero Site.
- To mail information about the Fortero Site, marketing materials, and gifts to you.
- To offer you additional information, opportunities, promotions, and functionality from us or on our behalf.
- To assist us in taking data security precautions and to engage in fraud prevention, detection, and remediation.
- To detect, prevent, and address technical issues.
- To comply with applicable international, federal, state, provincial and local laws, directives, rules, regulations, and ordinances; civil, criminal or regulatory investigations; or other legal requirements, such as court orders.
Information Collected Via Technology – Do We Use “Cookies”? As you use the Fortero Site, certain information may be passively collected and stored on our service providers’ server logs, including your device information (e.g., Internet protocol address, browser type, device settings, and operating system) and usage information (e.g., the Fortero Site you use, the time and duration of your use of the Fortero Site, and other information about your interaction with content offered through the Fortero Site) (collectively, “Log Data”). We use Log Data to administer the Fortero Site and we analyze (and may engage third parties to analyze) Log Data to improve, customize, and enhance the Fortero Site by expanding features and functionality and tailoring them to our users’ needs and preferences.
An Internet protocol address, or “IP Address,” is a number that is automatically assigned to your computer when you use the Internet. Your IP address enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Such general information, including cookies and click stream data, as mentioned herein, may be collected from you whenever you access the Fortero Site, whether or not you provide us with any other personal information. In some cases, your IP Address stays the same from browser session to browser session; but, if you use a consumer internet access provider, your IP Address probably varies from session to session. We may also use a person’s IP address for security purposes to fight spam, malware, and identity theft. We also use the IP address to generate aggregate, non-identifying information about how our Fortero Site is used. We also use cookies and navigational data, like Uniform Resource Locators (“URLs”), to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on the Fortero Site you clicked.
Cookie Notice/Policy. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the Fortero Site. They are used to help us understand your preferences based on previous or current Fortero Site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about Fortero Site traffic and Fortero Site interaction so that we can offer better Fortero Site experiences and tools in the future. We may use both session cookies and persistent cookies to identify that you have logged into the Fortero Site and to tell us how and when you interact with the Fortero Site. We may also use cookies to monitor aggregate usage and web traffic routing on the Fortero Site and to customize and improve the Fortero Site. Unlike persistent cookies, session cookies are deleted when you log off from the Fortero Site and close your browser. You can manage your cookie preferences via your browser settings; however, if you choose to disable this function, your experience at the Fortero Site may be diminished and some features may not work as they were intended. Some third party service providers that we engage (including third party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only Fortero’s use of cookies and does not include use of cookies by such third parties.
Click Stream Data. When you visit the Fortero Site, we may also collect “click stream data” (e.g., server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of the Fortero Site, to determine which features of the Fortero Site are most or least effective or useful to you.
Retargeting Ads. The Fortero Site uses retargeting ads (also known as remarketing ads) to advertise online. Retargeting uses cookies from third party vendors like Google to track visitors. This tracking enables the third party vendors to display our ads to people on various sites across the Internet based on their visits to our website. Specifically, Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the Fortero Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. If you wish to opt out of the use of such cookies, you can do so by visiting the Network Advertising Initiative opt-out webpage. You can also opt out of Google’s use of cookies on the Google Ad settings webpage.
Mobile and Location Information. Fortero Site features may be accessible from web-enabled mobile devices. The intent is to provide screens that are optimized for the size of the screen and operating systems. On some devices, functionality may be limited. If you use mobile-enabled services provided by the Fortero Site, we may receive information about you from your mobile device. This may also include information about your precise location if you have enabled location-based services on your mobile device. We may also receive information about your device and may have access to your camera, microphone, or other device services or hardware. Some devices may allow you to opt-out of this collection or access, and in those cases, you may be able to subsequently stop the collection or access. Please review your device settings for more information.
Information from Third Party Sources. We may receive information about you from publicly and commercially available third party sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the Fortero Site from that social media site. We encourage you to review the privacy policy and any terms and conditions for the social media platform you select.
Other Information We Collect. We also may collect other information about you, your device, or your use of the Fortero Site in ways that we describe to you at the point of collection or otherwise with your consent.
Modifying, Deleting Your Information. You can access and modify the information you provide to us via your account on the Fortero Site or by contacting us in accordance with the “Contact Us” section below (i.e., either by mail or email). If you want us to delete your information, please contact us in writing with your request, at support@fortero.com or via mail in accordance with the “Contact Us” section below. We will take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required or permitted by law. You can adjust your communication preferences at any time, including opting out of promotional mailings, from your account.
How Long We Keep Your Information. We will retain your information for as long as you use the Fortero Site and for a limited period after you cease using the Fortero Site for billing and collection purposes, or according to our retention policy. Fortero keeps your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law.
8. OTHER FORTERO SITE USER ACCESS TO YOUR INFORMATION. Portions of the Fortero Site, such as social networking sites, are provided to you so that you can post reviews and recommendations. As such, the main sharing of your information is with other Fortero Site users. By voluntarily disclosing information about yourself on the Fortero Site, including on your public profile, you share such information with other Fortero Site users. You understand and acknowledge that the content you share on the Fortero Site is information that may be publicly viewable on a public forum – once you post your content, Fortero is unable to control what other users may do with that content. We ask that you protect your private information and that of your family by not posting or publishing any information that you do not want in the public domain. You may restrict the audience for all or part of your profile or for certain content or information about you by adjusting the settings on your account.
9. Third Party Access to Your Information. Although you are entering into an agreement to disclose your information to us pursuant to this Privacy Policy, we do use third party individuals and organizations to assist us, including contractors, web hosts, app developers, and others. Throughout the course of our provision of the Fortero Site to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that every authorization that you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving the Fortero Site or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
10. THIRD PARTY USE AND DISCLOSURE OF INFORMATION. We do not sell, trade, rent, or otherwise share for marketing purposes the personal information that we collect with third parties, unless you ask or authorize us to do so.
We may provide your personal information to third party service providers or affiliates to perform business functions on our behalf or in conjunction with us. Our service partners may use your personal information to operate the Fortero Site and to deliver their services. For example, we may use third parties to help us make our products, goods, and services available to you, fulfill orders you may have placed, process credit card payments, provide customer service, ship postal mail and packages, deliver your mail and packages, conduct market research or information analysis, manage promotions, contests, and sweepstakes, and contact you in connection with the Fortero Site. We limit information provided to the aforementioned affiliate and third party service providers to the extent necessary for them to provide the services and require such service providers to promise not to use such information except as necessary to provide the relevant services to us. In these instances, we may need to provide your information to these third parties for such purposes. We will encourage our service partners to adopt and post privacy policies; however, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.
You consent to our disclosure of your personal information, de-identified personal information, and other information you provide to us (collectively, “Transferred Information”) to a potential or actual buyer or acquirer of our company or other successor for the purpose of considering or undergoing a merger, divestiture, restructuring, reorganization, dissolution, change in control, or sale or transfer of some or all of our assets (each of the foregoing referred to as a “Transfer”), whether as a going concern or as part of bankruptcy, liquidation or other court proceeding, in which Personal Information held by us is among the assets transferred. You agree to and do hereby consent to (and shall not object to) our assignment, conveyance, transfer, and/or license (whether by contract, merger or operation of law) as part of a Transfer, of any or all of our rights, in whole or in part, in or to Transferred Information and your consents, with or without notice to you and without your further consent. We cannot make any representations regarding the use or transfer of Transferred Information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By providing any personal information, you expressly agree and consent to the use and/or transfer of Transferred Information or other information in connection with a Transfer. Furthermore, except as required by law, we are not and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the Transferred Information that is disclosed to us. We may also disclose your personal information if we believe in good faith that such disclosure is necessary to (A) respond to subpoenas, court orders, or legal process, or if we need to establish or exercise our legal rights or defend against legal claims; (B) share information in order to investigate, prevent, or take action regarding illegal or unethical activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions, or as otherwise required by law; (C) to protect our property, rights, and safety and the rights, property, and safety of third parties or the public in general; or (D) restrict or inhibit any user from using our Fortero Site, including, without limitation, by means of "hacking" or defacing any portion thereof.
You hereby consent to us sharing your personal information under the circumstances described herein. If you do not want us to use or disclose personal information collected about you in the manner identified in this Privacy Policy, you may not use the Fortero Site.
11. THIRD PARTY PAYMENT PROCESSORS. We may provide products, goods, and/or services for purchase within the Fortero Site. In that case, we use third party services for payment processing (e.g., payment processors). Payment information is provided directly to our third party payment processors, whose use of your personal information is governed by their privacy policy. These payment processors state that they adhere to the standards set by the Payment Card Industry Data Security Standard (“PCI-DSS”) as managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
12. SMS NOTIFICATIONS. Fortero uses ReChargeSMS (owned by "Electric SMS"), a third-party SMS message management platform that allows you to receive SMS mobile messages regarding your order(s) from the Fortero Site, including shipping and delivery updates. ReChargeSMS is operated via ReCharge, our third-party subscriptions payments platform, whose privacy policy can be viewed at https://rechargepayments.com/privacy-policy/. Our Services may include sending you Short Message Service ("SMS") messages, which may deliver up to two messages per day to your wireless device (unless you communicate further with us), but message frequency may vary. We may use your information to contact you about your purchases, returns (if available), Website updates, conduct surveys, or informational and service-related communications, including important security updates. You may remove your information by replying "STOP" to the SMS text message you received. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. Alternatively, you may submit your request by email to us in accordance with the "Contact Us" section below, including the email address and phone number you registered with us, or by any reasonable means. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help, please reply to a text with HELP. Message and data rates may apply, depending on your cell phone plan. Carriers are not liable for delayed or undelivered messages.
13. SOCIAL MEDIA PLUGINS. We integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Google+, LinkedIn, Xing, Twitter, Instagram, Tumblr, Pinterest and/or possibly other companies, into the Website. In order to register as a user with us, you may have the option to sign in using your Facebook or other social media site login.
For example, when you visit our Website, the plugin creates a direct connection between your browser and the Facebook server. This allows Facebook to receive information about your visit to our Website with your IP address. If you click the Facebook “Like” button while you are logged on to your Facebook account, you can link the contents of our Website to your Facebook profile. This allows Facebook to assign your visit to our Website to your user account. Please note that as provider of the Website, we receive no notification about the contents of the transmitted data or their use by Facebook. If you do not want Facebook to assign your visit to our Website to your Facebook user account, please log out of your Facebook user account.
If you do so, you authorize us to access certain social media site account information, such as your public social media profile (consistent with your privacy settings in the social media site), your email address, interests, likes, gender, birthday, education history, relationships, interests, current city, photos, personal description, friend list, and information about and photos of your social media site friends who might be common social media site friends with other users. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Privacy Policy. You can find the privacy policy for a platform on their website.
14. POSTING CONTENT. You also may submit information, such as comments, reviews, testimonials, etc., to be published or displayed (“posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “Content”). Your Content is posted and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons. By posting any Content or submitting Content for posting you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, redact, modify, aggregate, summarize, adapt, create derivative works of and publicly perform the Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed (“Right to Use”).
The Right to Use you grant us above also extends to any Content that you have posted to our Facebook or other social media account pages, or on other websites, e.g., Google, Yelp, Trip Advisor, Instagram, etc. The term “Use” includes, but is not limited to, use, reproduce, modify, publish, list information regarding, edit, delete, translate, distribute, publicly display, publicly perform, and make derivative works of the content.
If we permit you to post Content, by posting any Content, or submitting Content for posting, you agree to with the following “User Content Posting Guidelines”:
To the extent our Website contains areas where you can post or submit to be posted such as comments, product reviews, testimonials, etc., you agree to post Content that is proper and related to the general theme of the Website. Content also includes that which you send to us by email, text, mail, or other means. You agree not to post or submit any Content that:
- Is off-topic, false, inaccurate, misleading, defamatory, libelous, stalking, threatening, obscene, pornographic, indecent, vulgar, offensive, which contains unlawful material or information, or which otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation or identity, race, ethnicity, age, or disability;
- Is not your own original creation or that you do not have permission to use or that infringes the copyright, trademark, patent, or other proprietary right of any person or that is used without the permission of the owner;
- Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
- Promotes or provides instructional information about illegal or illicit activities;
- Purports to be from any person or entity, including but not limited to one of our employees, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- Includes personal or identifying information about another person without that person's explicit consent, or is doxxing;
- Contains malicious software code of any kind, including, but not limited to, code that contain viruses, malware, corrupted files, or any other similar software or programs designed to or that may interrupt, lock up, destroy, damage or limit the operation of another person's computer or network or telecommunications equipment;
- Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website, or that otherwise negatively affects the ability of others to use the Website; or,
- Advertises or offers to sell any goods or services, or engage in surveys, contests, chain letters, or for any commercial purpose.
Removal of User Content. We reserve the right (but have no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
DMCA Notice. If you believe that any content on the Website violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512, “DMCA”). In the case of an alleged infringement, please provide the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website (including the exact URL);
- An address, a telephone number, and an email address where we can contact you;
- A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
- Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the following designated agent:
Seiseidou America, Inc.
Attn: Megu Kubo
10880 Wilshire Blvd. Suite 1101
Los Angeles, California 90024, U.S.A.
Email: meg.thevar@seiseidou-usa.com
We have the right to terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice.
15. Commercial Emails. You may choose not to receive commercial emails from us by following the instructions contained in any of the commercial emails we send or by logging into your account and adjusting your email preferences. Please note that even if you unsubscribe from commercial email messages, we may still email you non-commercial emails related to your account and your transactions on the Fortero Site. You may update your subscription preferences at any time.
16. SECURITY. We are committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your personal information, no company, including us, can fully eliminate security risks associated with personal information. The Fortero Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you. Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Fortero strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the Fortero Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Fortero Site, and that any personal information, general information, or other data or information received from you through the Fortero Site is provided to us at your own risk, which you expressly assume. You further understand and acknowledge that portions of the Fortero Site, including the online product and service reviews and testimonials, and social media to which users publish content, is a public forum. We remind you to protect your private information and that of your family by not posting or publishing any information that you do not want in the public domain.
17. THIRD PARTY WEBSITES. The Fortero Site may contain links to other websites or mobile applications. This includes services in connection with third party "social media" and other sites that would allow personal information to be transferred to such third parties (e.g., Instagram, Facebook, YouTube, Twitter, Skype, Google+, etc.). If you choose to visit other websites or mobile applications, we are not responsible for the privacy practices or content of those other websites or mobile applications, and it is your responsibility to review the privacy policies at those websites or mobile applications to confirm that you understand and agree with their policies. To protect your information, we recommend that you carefully review the privacy policies of other third party websites and services that you access.
18. Notice to Residents of Countries outside the United States of America. The Fortero Site is intended only for users based in the United States. Your information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you live outside the United States, and you use the Fortero Site or provide us with personal information directly via the Fortero Site, your information will be handled in accordance with this Privacy Policy. By using the Fortero Site or giving us your personal information, you are directly transferring your personal information and non-identifiable information to us in the United States. The United States may not have the same level of data protection as your jurisdiction. However, you agree and consent to our receipt, collection, transfer, and processing of your personal information and non-identifiable information in accordance with this Privacy Policy. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use the Fortero Site or provide us with personal information. Regardless of where we transfer your information, we still protect your information in the manner described in this Privacy Policy.
19. CONTACT US. If you have any questions about this Privacy Policy, our practices related to the Fortero Site, or if you would like to have us modify or remove and delete your personal information from our database, please contact us at:
Attn: Website Administrator – Data Privacy
When contacting us, please clearly state your request, including your name, mailing address, email address, and phone number.
----------------------------------------------------------------------------------------------------
Telemedicine Prescription Products
Your Information. Your Rights. Our Responsibilities.
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
Your Rights
You have the right to:
- Get a copy of your paper or electronic medical record
- Correct your paper or electronic medical record
- Request confidential communication
- Ask us to limit the information we share
- Get a list of those with whom we’ve shared your information
- Get a copy of this privacy notice
- Choose someone to act for you
- File a complaint if you believe your privacy rights have been violated
Your Choices
You have some choices in the way that we use and share information as we:
- Tell family and friends about your condition
- Provide disaster relief
- Include you in a hospital directory
- Provide mental health care
- Market our services and sell your information
- Raise funds
Our Uses and Disclosures
We may use and share your information as we:
|
• Treat you • Run our organization • Bill for your services • Help with public health and safety issues • Do research • Comply with the law • Respond to organ and tissue donation requests • Work with a medical examiner or funeral director • Address workers’ compensation, law enforcement, and other government requests • Respond to lawsuits and legal actions |
Your Rights
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
- You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
- We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
- You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
- We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications
- You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
- We will say “yes” to all reasonable requests.
Ask us to limit what we use or share
- You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
- If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
- You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
- We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
- If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
- We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
- You can complain if you feel we have violated your rights by contacting us using the information on page 1.
- You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting hhs.gov/ocr/privacy/hipaa/complaints/.
- We will not retaliate against you for filing a complaint.
Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
- Share information with your family, close friends, or others involved in your care
- Share information in a disaster relief situation
- Include your information in a hospital directory
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
- Marketing purposes
- Sale of your information
- Most sharing of psychotherapy notes
In the case of fundraising:
- We may contact you for fundraising efforts, but you can tell us not to contact you again.
Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways.
Treat you
We can use your health information and share it with other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.
Run our organization
We can use and share your health information to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Bill for your services
We can use and share your health information to bill and get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
How else can we use or share your health information?
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
Help with public health and safety issues
We can share health information about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect, or domestic violence
- Preventing or reducing a serious threat to anyone’s health or safety
Do research
We can use or share your information for health research.
Comply with the law
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Respond to organ and tissue donation requests
We can share health information about you with organ procurement organizations.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
- For workers’ compensation claims
- For law enforcement purposes or with a law enforcement official
- With health oversight agencies for activities authorized by law
- For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.
Our Responsibilities
- We are required by law to maintain the privacy and security of your protected health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our website.
Other Instructions for Notice
- Insert Effective Date of this Notice
- Insert name or title of the privacy official (or other privacy contact) and his/her email address and phone number.
- Insert any special notes that apply to your entity’s practices such as “we never market or sell personal information.”
- The Privacy Rule requires you to describe any state or other laws that require greater limits on disclosures. For example, “We will never share any substance abuse treatment records without your written permission.” Insert this type of information here. If no laws with greater limits apply to your entity, no information needs to be added.
- If your entity provides patients with access to their health information via the Blue Button protocol, you may want to insert a reference to it here.
- If your entity is part of an OHCA (organized health care arrangement) that has agreed to a joint notice, use this space to inform your patients of how you share information within the OHCA (such as for treatment, payment, and operations related to the OHCA). Also, describe the other entities covered by this notice and their service locations. For example, “This notice applies to Grace Community Hospitals and Emergency Services Incorporated which operate the emergency services within all Grace hospitals in the greater Dayton area.”