Privacy Policy

Fortnow Consulting, LLC (“FC”, “we”, or “us”), owner and operator of The Badass-Entrepreneur website and newsletter, recognizes the importance of privacy. We want you to feel confident using our services, and this privacy policy (“Policy”) is to help you understand and describe how we collect, use, and disclose the information we obtain about our users of our websites, services, newsletters, software or other tools (all of which we refer to as the “Platform”). This Policy describes the following:

• What information we collect and how it is collected;
• How we use the information;
• With whom we may share information;
• Your rights and choices;
• Security and storage of the information;
• Third party websites;
• Users outside the United States;
• California disclosures; and
• Changes to the Policy and contact information.
  

Throughout this document, we will use a few terms to describe various roles. The Badass-Entrepreneur Members have signed up to receive the Badass-Entrepreneur newsletter. The Badass-Entrepreneur Users are people who access the Platform for viewing purposes, but have not registered or created an account with us.

Information We Collect

We collect information about you directly from you and automatically through your use of our Platform. We may combine the information automatically collected with other information we have collected about you, including from publicly available sources.

In order to help you protect yourself and your information, we encourage you to provide only that information necessary for using our Platform. For example, to set up a session you may only need to provide us with a name, email address, date and time.

The Platform is not directed to children under thirteen (13) years of age and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.

Information You Provide Voluntarily

Account Information. When a Badass-Entrepreneur User comes to the Platform, you may voluntarily give us certain information. This can include your name, email address and phone number; and any other information you provide us or as required by the Platform.

Billing Information. If you purchase any Badass-Entrepreneur products or services, our third-party payment processors will collect and store your billing address and credit card information. We may store the last four digits of your credit card number, card type and the expiration date.

Information Collected Automatically

We and our service providers use cookies, web beacons and other technologies to receive and store certain types of information when you interact with us through your virtual reality, augmented reality (or similar device), computer or mobile device subject to your opt-out preferences (see Your Rights and Choices section below). Using these technologies helps us to customize your experience with our Services, improve your experience, and tailor marketing messages. Here are some of the types of information we collect:

Log and Device data. When you use the Platform, our servers automatically record information (“log data”), including information that your browser sends whenever you visit our website. This log data may include your web address you came from or are going to, your device model, operating system, browser type, unique device identifier, IP address, mobile network carrier, and time zone or location. Whether we collect some or all of this information depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please check the policies of the device manufacturers or software providers of that device.

Cookies and Other Tracking Mechanisms

Cookie data. Depending on how you’re accessing our products and subject to your opt-out preferences, we may use “cookies” (a small text file sent by your computer each time you visit our website, unique to your Badass-Entrepreneur account or your browser) or similar technologies to record log data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser deletes them). For example, we may use cookies to keep you logged in to the Platform. Some of the cookies we use are associated with your Badass-Entrepreneur account (including personal information about you, such as the email address you gave us), and other cookies are not. To help us make emails more useful and interesting, we often receive a confirmation when you open email from Badass-Entrepreneur if your computer supports such capabilities. You can opt out of receiving emails from us. Please see Your Rights and Choices section below.

Other Website Analytics Services. Subject to your opt-out preferences (see Your Rights and Choices below), we may use third party service providers such as Google Analytics to provide certain analytics and user interactions services to us in connection with our operation of our Platform, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors of the Platform. You may opt-out of Google Analytics using Opt-Out Features on their website.

How We Use Your Information

We may use information that we collect about you, including personal information, to:

Provide the Badass-Entrepreneur Service. We will use your information to provide our Platform and services to you; to facilitate scheduling; to manage your account; to respond to your inquiries; and for other customer service and support purposes. We use the payment information you provide us in order to alert you of past, current, and upcoming charges, to allow us to present the billing history to you on your billing page in the Platform, and to perform internal finance processes, such as looking at the status of a credit card charge. In the event of a credit card dispute, we also share account information with your bank to verify the legitimacy of a charge.

Understand and improve our products. We will perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others. We do this to help make our products better and to develop new products, features or enhancements.

Communicate with you. We will communicate with you to perform our services.

Service related communications. We may send you service and administrative emails to ensure the service is working properly. We will also email you regarding your calendar sessions. These email messages are considered part of the service we provide and you may not opt out of some of these messages.

Promotional. Subject to your opt-out preference, we may send you emails about new product features or other news about Badass-Entrepreneur or on topics we think may be relevant to you. You may opt out of receiving these communications at any time. Visit the Your Rights and Choices section below.

Responding to your requests. We also use your information to respond to your questions or comments.

Administrative. We may contact you to inform you about changes to our offering, our services or other important service related notices, such as changes to this Policy or about security or fraud notices.

Advertising. Subject to your opt-out preferences, we may develop and display content and advertising tailored to your interests on our website, in our newsletter or in other areas of the Platform. See Your Rights and Choices Below.

Protecting Rights and Interests. We will use your information to protect our rights and interests as well as the rights and interests of our users and other persons as well as to enforce this Policy.

Legal Compliance. We may use your information to comply with applicable legal or regulatory obligations, including informal requests from law enforcement or other governmental authorities.

Other. We also may use your information to manage our business or perform functions such as the ones described to you at the time of collection, subject to your consent. Please read all online agreements carefully before accepting them.

With Whom We May Share Your Information

We do not share your personal information with others except as indicated within this Policy or when we inform you and give you an opportunity to opt out of having your personal information shared.

We will share information we collect about you, including personal information, in the following ways:

With third party service providers, agents or contractors. We use other companies, agents or contractors (“Service Providers”) to perform services on our behalf or to assist us with providing services to you. For example, we may engage service providers to process credit card transactions or other payment methods. Or, we may engage service providers to provide services such as marketing, advertising, communications, infrastructure and IT services, to provide customer service, to collect debts, and to analyze and enhance data (including data about users’ interactions with our service). These service providers may have access to your personal or other information in order to provide these functions. In addition, some of the information we request may be collected by third party providers on our behalf. We require our Service Providers to agree to take reasonable steps to keep the personal information that we provide to them secure. We do not authorize them to use or disclose your personal information except in connection with providing their services.

Affiliates. We may disclose your information to current or future affiliates or subsidiaries for research, marketing and other purposes consistent with this Privacy Policy.

To comply with legal process or to protect us and our Users and Members. We may share your data: if we believe that disclosure is reasonably necessary to comply with a law, regulation, legal governmental request; to respond to a subpoena, court order, warrant or other legal process; to enforce this Policy, including investigation of potential violations thereof; to protect the safety, rights or property of the public, any person or the Platform; to detect, prevent, or otherwise address, security or technical issues or illegal or suspected illegal activities (including fraud); or as evidence in litigation in which we are involved, as part of a judicial or regulatory proceeding.

Business Transfers. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization or similar transaction or proceeding that involves the transfer of the information described in this Policy. In such transactions, customer information is typically one of the business assets that is transferred or acquired by a third party. If we are acquired by or merged with another company, if we sell or transfer a business unit or assets to another company, in the unlikely event of a bankruptcy proceeding, or as part of any other similar business transfer, you acknowledge that such transfers may occur.

Aggregate or De-identified Information. We may disclose aggregate, anonymous or de-identified information about users for marketing, advertising, research, compliance or other purposes.

Legal Basis for Processing Your Information

We rely on the following legal grounds to process your personal information:

Consent. We may use your personal information as described in this Policy subject to your consent. To withdraw your consent, please contact us at newsletter@badass-entrepreneur.com. You may also refrain from providing, or withdraw, your consent for cookies. Please see Your Rights and Choices below for more information on opt-outs.

Performance of a contract. We may need to collect and use personal information of Badass-Entrepreneur Members and Badass-Entrepreneur Users, as applicable to perform our contractual obligations.

Legitimate Interests. We may use your personal information for our legitimate interests to provide our Platform and services to you, and to improve our services and the content on our Platform. We may process information on behalf of our customers who have legitimate interests in operating their businesses. We may use technical information as described in this Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.

Your Rights and Choices

Account. You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information. We will do our best to honor your request subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request we delete or no longer use your account information to provide your services, contact us at newsletter@badass-entrepreneur.com or the address set forth at the end of this Policy. Subject to applicable law, we will retain and use your account information only as necessary to comply with our legal obligations, resolve disputes and enforce agreements.

E-mail. As described above, if you do not wish to receive promotional emails from us, you may opt out at any time by following the opt-out link contained in the email itself. Please also note that if you opt out of receiving marketing communications from us, we may continue to send you service-related emails which are not available for opt-out. If you do not wish to receive any service-related emails from us, you have the option to deactivate your account.

Cookies. You may also refrain from providing, or withdraw, your consent for cookies. Your browser’s help function should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time.

Third Party Analytics Services. Some of the services used provide the ability to opt-out. You may opt-out of Google Analytics’ services using Opt-Out Features on their website.

Additional Rights. Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority.

Security and Storage of Information

We have taken reasonable steps to help protect the personal information we collect. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your information in all circumstances.

We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.

Third-Party Links

Our Platform may contain links to third-party websites and applications. Subject to your opt-out preferences (see Your Rights and Choices), we may also use third-party advertisers, ad networks and other advertising, marketing and promotional companies, to serve advertisements on our websites. Any access to and use of such linked websites and applications is not governed by this Policy but instead is governed by the privacy policies of those third parties. We do not endorse these parties, their content or any products and services they offer, and we are not responsible for the information practices of such third-party websites or applications.

Users Outside the USA

Our database servers are located in the United States. If you are an individual located in the European Economic Area, the United Kingdom, Canada or another jurisdiction outside of the United States with laws and regulations governing personal data collection, use and disclosure that differ from United States laws, please be aware that information we collect (including through the use of methods such as cookies or other web technologies) will be processed and stored in the United States or in other countries where we or our third-party service providers have operations. By submitting your personal information to Badass-Entrepreneur and using the Platform, you expressly consent to having your personal data transferred to, processed and stored in the United States or another jurisdiction which may not offer the same level of privacy protection as those in the country where you reside or are a citizen.

If you are a resident of the European Economic Area, you have the following additional rights in relation to your personal data under the General Data Protection Regulation (GDPR):

Right of Access. You have the right to access your personal data that we hold about you, i.e. the right to require free of charge (i) information whether your personal data is retained, (ii) access to and/or (iii) duplicates of the personal data retained. You can use the right to access to your personal data by emailing us at newsletter@badass-entrepreneur.com. If the request affects the rights and freedoms of others or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request.

Right to Rectification. If we process your personal data, we shall endeavor to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which it was collected. If your personal data is inaccurate or incomplete, you can change the information you provided by emailing us at newsletter@badass-entrepreneur.com.

Right to Erasure. You have the right to obtain deletion of personal data concerning you if the reason why we could collect it does not exist anymore or if there is another legal ground for its deletion. For such requests, email us at newsletter@badass-entrepreneur.com. In some cases, deletion of your Badass-Entrepreneur Member Account, and therefore personal data deletion, is complicated. Considering the complexity and number of the requests, the period for personal data erasure may be extended, but for no longer than two further months.

Right to Object. When our processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR and this Policy, you have the right to object to this processing. If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular if the data is necessary for the establishment, exercise or defense of legal claims. You also have the right to lodge a complaint at a supervisory authority.

Right to Restriction of Processing. You have the right to obtain restriction of processing of your personal data under the conditions set out in article 18 of the GDPR.

Right to Portability. You have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller under the conditions set out in article 20 of the GDPR.

Right to Post-Mortem Control. If French data protection legislation is applicable to you, you have the right to establish guidelines for the preservation, the deletion and the transmission of personal data after your death in accordance with article 40-1 of the Act No. 78-17 of 6 January 1978 on Information, Technology, Data Files and Civil Liberties.

California Disclosures

California Information-Sharing Disclosure. California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to newsletter@badass-entrepreneur.com with “California Privacy Rights” in the subject line.

Do Not Track. We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no consistent industry standard for compliance.

Changes to this Policy

This Policy is current as of the date set forth below. We may change this Policy from time to time, and if we do, we’ll post any changes, including any material changes on this page, so please check back periodically. If you continue to use the Platform after those changes are in effect, you agree to the revised Policy.

Contacting Us

If you have any questions or comments about this policy, please contact us at newsletter@badass-entrepreneur.com or write to us at 3940 Laurel Canyon Blvd., #1555, Studio City, CA 91604.

This Policy was last revised on March 10, 2024.