Privacy Policy

Last Updated: February 16, 2023

This Privacy Policy explains how Montanans for Tester (“MFT,” “we,” or “us”) collects, uses, and discloses information about you when you access or use our websites, mobile sites, and mobile applications that link to this Privacy Policy (collectively, the “Site”).

We may change this Privacy Policy from time to time.  If we make changes, we will notify you by revising the date at the top of the policy, and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification).  We encourage you to review the Privacy Policy whenever you access the Site or otherwise interact with us to stay informed about our information practices and the choices available to you.

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us.  For example, we collect information when you sign up to receive updates, request information, fill out a form, sign a petition, sign up as a volunteer, sign up for an event, create an account, participate in a contest or promotion, make a donation or purchase, communicate with us via third party social media sites, request support, send us an email, or otherwise communicate with us. The types of information we may collect includes your name, contact information (such as email address, postal address, and phone number), credit card and other payment information (which may be collected directly by a third-party processor), and any other information you choose to provide.

In addition, federal or state law may require us to collect certain personal information from donors.  For example, federal law requires us to collect (and disclose) the name, mailing address, occupation, employer, and principal place of business of all individuals whose donations to MFT exceed $200 per election cycle.

Automatically Collected Information

When you access or use our Site, we may automatically collect information about you, including:

  • Log and Usage Information:  We collect information related to your access to and use of the Site, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Site.
  • Device Information:  We collect information about the computer or mobile device you use to access our Site, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Transactional Information:  If you make a donation or purchase, we may collect information about the transaction, such as donation amount, purchase price, product details, and date and location of the transaction.
  • Location Information:  We may derive the approximate location of your device, such as from your IP address.
  • Information Collected by Cookies and Similar Tracking Technologies:  We (and our service providers) use different technologies to collect information, including cookies and web beacons.  Cookies are small data files stored on your hard drive or in your device’s memory that help us improve our Site and your experience, see which areas and features of our Site are popular, and count visits.  Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used in our Site or emails to help deliver cookies, count visits, and to help us understand usage and campaign effectiveness.  For more information about cookies and how to disable them, see Your Choices below.

Information We Collect from Other Sources

We and our service providers may also obtain information about you from other sources and combine that with information we collect about you on our Site.

USE OF INFORMATION

 

We may use the information we collect to:

  • Provide, maintain, support, and improve our Site;
  • Provide and deliver the information you request, process donations and transactions, and send you related information, including confirmations and receipts;
  • Respond to your emails, comments, questions, and requests and otherwise contact you about your participation with MFT and the use of the Site;
  • Communicate with you about MFT, such as sending you information to keep you informed about various issues, events, activities, and volunteer opportunities, and provide news and information we think will be of interest to you (see Your Choices below for information about how to opt out of these communications at any time);
  • To solicit volunteers, donations, and support for MFT and for other candidates, issues, and organizations that we support and to connect you with other volunteers;
  • Contact you if state or federal election laws require us to request additional information from you;
  • Remind you to vote and register to vote and assist you in finding your registration information, polling location, and MFT events near you;
  • Monitor and analyze trends, usage, and activities in connection with our Site;
  • Personalize the Site and provide advertisements, content, or features based on your preferences, interests, and browsing and online activities;
  • Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
  • Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of MFT and others; and
  • Carry out any other purpose described to you at the time the information was collected.

SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

    • With vendors, service providers, volunteers, and consultants who need access to such information to carry out work on our behalf;
  • With organizations, candidates, campaigns, groups, or causes that we believe have similar political viewpoints, principles, or objectives or share similar goals and with organizations that facilitate communications and information sharing among such groups;
    • With other participants in a joint fundraising committee;
  • To report required information to the Federal Election Commission or state agencies, including name, mailing address, occupation, employer, and principal place of business of individuals whose contributions exceed $200 in an election cycle;
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
  • When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests, claims, or legal authorities, including responding to lawful subpoenas, warrants, or court orders;
  • If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property, and safety of MFT, its employees, volunteers, constituents, or others;
  • In connection with, or during negotiations of, any reorganization or formation of a new committee or successor organization, asset sale or transfer, financing or lending transaction, or in any other situation where personal information may be disclosed or transferred as one of the assets of MFT;
  • With your consent or at your direction.

We may also share aggregated or de-identified information that cannot reasonably be used by those third parties to identify you.

The above excludes text messaging originator opt-in data and consent, which information will not be shared with any third parties, provided that the foregoing does not apply to sharing (1) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf (and who will not use such information for their own purposes); (2) if we believe disclosure is required by any applicable law, rule, or regulation or to comply with law enforcement or legal process; and (3) if the user consents to our sharing of such information.

LINKS TO OTHER WEBSITES

The Site may contain links to other websites.  For example, we may link to third-party sites to facilitate donations or purchases.  Any personal information you provide on such linked pages is provided directly to that third party and is subject to that third party’s privacy policy and not this privacy policy.   We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

SOCIAL SHARING FEATURES

The Site may offer social sharing features and other integrated tools (such as the Facebook “Like” button, which let you share actions you take on our Site with other media, and vice versa). Your use of such features enables the sharing of information with your friends or the public, depending on your privacy settings for the relevant social media site.  For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications.  These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Site and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information.  This information may be used by MFT and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Site and other websites, and better understand your online activity.

For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

TRANSFER OF INFORMATION TO THE U.S. 

MFT is based in the United States and is directed to U.S. residents, and we process and store information in the U.S.  If you are located outside the U.S., we, and our service providers, may store, access, or transfer your information to jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.

YOUR CHOICES

Account Information

You may request that we update, correct, or delete the information you provide to us by emailing us at [email protected].  However, note that we may retain certain information as required by law or for legitimate business purposes.  We may also retain cached or archived copies of information about you for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject browser cookies.  To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information.  Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Site.

Promotional Communications

You may opt out of receiving promotional emails or text messages from MFT by following the instructions in those emails or text messages.  If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Mobile Push Notifications/Alerts

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device.  You can deactivate these messages at any time by changing the notification settings on your mobile device.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at [email protected]

MONTANANS FOR TESTER TERMS OF SERVICE

Last Updated: February 16, 2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile sites and other online offerings (collectively, the “Site”) provided by Montanans for Tester (“MFT,” “we,” or “us”) that link to these Terms. By accessing or by using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.

If you have any questions about these Terms or our Site, please contact us at [email protected]

Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy above.

Consent to Use of Data and Mobile Communication; SMS Program Terms

You consent to our communicating with you about the Site and MFT by SMS, text message, email or other electronic means.  Your carrier’s normal messaging, data and other rates and fees will apply to these communications.

If you subscribe to any text programs that MFT makes available, the following terms apply:

  1. By subscribing to MFT updates or alerts, you consent to receive periodic updates or alerts by automatic text message.  Text STOP to stop.  For Help, text HELP or contact us at [email protected]  Message and data rates may apply.  See our privacy policy above.
  2. Neither MFT nor the participating carriers guarantee that messages will be delivered.  MFT may discontinue the program at any time without notice.
  3. You represent and warrant that you are supplying your own phone number, and not someone else’s, and that you agree to provide us with notice if you are no longer the primary user of that number.
  4. You acknowledge and agree that you may opt-out of receiving further mobile messages via any opt-out keywords that are universally recognized, including, but not limited to, STOP, UNSUBSCRIBE, CANCEL, END, or QUIT.  You acknowledge that any opt-out method not expressly provided in this opt-out provision is unreasonable.
  5. You may not receive mobile messages if you are under thirteen (13) years of age and if you are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to register to receive mobile messages.

User Content

Our Site may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”).  You may also submit User Content to MFT by other means, including email and text message.  Except for the license you grant below, you retain all rights in and to your User Content, as between you and MFT.

By posting, submitting or otherwise providing any User Content to MFT, you grant MFT and its independent contractors, service providers, consultants and joint committee members, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content with MFT, whether through our Site or otherwise, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others and you release MFT, and anyone acting under its authorization, from any claims that any use of your User Content as authorized herein violates any of your rights, including any rights of publicity or privacy.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site or otherwise provide to MFT, and you are solely responsible for your conduct while using our Site. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and MFT;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Site;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
  • Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
  • Use our Site other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
  • Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
  • Develop or use any applications that interact with our Site without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post, submit, or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, submit, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with any person or entity;
  • Contains any unsolicited promotions, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose MFT or others to any harm or liability of any type.

Enforcement of this Section 4 is solely at MFT’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

Ownership; Limited License

The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by MFT or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

Trademarks

Schiff for Senate, and our logos, our product or service names, our slogans and the look and feel of the Site are trademarks of MFT and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and MFT names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about MFT or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in MFT’s sole discretion. You understand that MFT may treat Feedback as nonconfidential.

Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify MFT’s designated agent as follows:

Designated Agent: Copyright Agent

Address: Montanans for Tester

PO Box 1135

Helena, MT 59624

United States

Telephone Number: (406) 201-5211

E-Mail Address: [email protected]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable to MFT for certain costs and damages.

Third-Party Content, Products, and Sites. 

We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. MFT does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless MFT and its independent contractors, service providers, and consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.

Disclaimers

Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, MFT does not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While MFT attempts to make your use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.

Limitation of Liability

To the fullest extent permitted by applicable law, MFT and its contractors, service providers, consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, and employees (collectively the “MFT -Related Parties”),  will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages.

The total liability of MFT and MFT -Related Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to $5.

Governing Law and Venue

Any dispute arising from these Terms and your use of the Site will be governed by, construed, and enforced in accordance with the laws of Montana, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Montana or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Montana and the United States, respectively, sitting in Montana.

Modifying and Terminating our Site

We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

The failure of MFT to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that the communications and transactions between us may be conducted electronically.