Terms of Service - Mijente

PRIVACY POLICY AND

TERMS OF SERVICE

These Terms of Service (“TOS”) and Privacy Policy apply to all persons and organizations that use this website (the “Site”) , which is sponsored by Mijente, an Arizona nonprofit corporation exempt from federal taxation under section 501(c)(4) of the Internal Revenue Code of 1986 as amended (“Mijente”) . Any visitor to this Site or user of any of the tools or applications available on this Site is referred to as :you.”

By visiting this Site, you agree to be bound by the Privacy Policy set forth below. By using the petition platform available through this Site (the “Petition Platform” function), you agree to be bound by the Terms of Service (“TOS”) below; and if you are an organization desiring to use the Petition Platform and signing up for a Digital Partner Account, your organization agrees to be bound by the special terms of service set out below for the Digital Partner Program (“DPP TOS”). The legally binding terms of these TOS set out the rights, obligations and restrictions of you and/or your organization regarding use of Petition Platform and, if applicable, participation in the Digital Partner Program. You are only authorized to use the Petition Platform if you agree to abide by all applicable laws and these TOS.

PRIVACY POLICY

How We Use Your Information

When you register, contribute, sign up to volunteer, launch a campaign through the Petition Platform or take any other action on our Site, we may ask you to give us contact information, including your name, address, telephone number and/or e-mail address. We may obtain information about you from outside sources and add it to or combine it with the information we collect through this site. We use this information to operate this site, send you news and information to you about Mijente, solicit your participation in Mijente programs, events and activities, and in the case of the Petition Platform, use information about you and your Petition signers as set forth below in the Terms of Service. We use your e-mail address to send such information by e-mail and may use your telephone number to call you for these purposes.

We will never provide your e-mail address or any of your personal information to any other person or organization, for any purpose, except

–To our sister organization, Mijente Support Committee (“MSC”), an Arizona nonprofit corporation exempt from tax under section 501(c)(3) of the Internal Revenue Code

–As set out in the Terms of Service for use of the Petition Platform, below

–To companies that assist us in maintaining this site but only for purposes of providing services to Mijente or MSC and with the strict requirement that any such company will never itself have the right to contact you for any reason

— To comply with applicable law or legal requirements (for example, a lawful subpoena), to protect our rights or property, or to protect our supporters from fraudulent, abusive, or unlawful conduct, or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records

Submitting your personal information including e-mail address on this page will sign you up to receive e-mails from Mijente and MSC.

We may also use your first name to indicate the latest actions taken on this site.

Children

Mijente complies with the Childrens’ Online Privacy Protection Act. Mijente does not solicit and does not accept personally identifying information from any person less than 13 years of age. Visitors to this site who are under 13 years of age should not use this site except under the supervision and with the assistance of their parent or legal guardian, and should never submit any personally identifying information to the site. For example, visitors under 13 years of age should not make donations or take any actions on or through this site.

Credit Card Information; Protection of Personal Information

When you make a contribution to Mijente through this website, we collect credit card information from you. That information is used solely for processing your contribution; is not maintained by Mijente; and is never disclosed to anyone, for any other purpose other than for processing your contribution, under any circumstances.

Mijente uses industry standard security measures to protect against the loss, misuse or alteration of the information under our control. Our server is located in a locked, secure environment. All supplied credit card information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment processing provider’s database. Permission to access your information is granted only to you and to Mijente employees or contractors who need to know that information to provide services to you and who are required to keep the information confidential. Although we make good faith efforts to store information collected by this website in a secure operating environment, we cannot guarantee complete security.

Cookies and Data Tracking

A cookie is a piece of data stored on the user’s hard drive containing information about the user. Some parts of this site may be password-protected. We may use a cookie (cookies reside on your computer and are under the control of your browser) to help us remember and process items that you purchase through this site; and/or to compile aggregate data about visitors to the site and their interaction with the site for the purposes of improving the operation of the site and/or offering better site experiences and tools in the future. We may also use cookies to enable you to return to password-protected areas of the website without having to re-enter your password. If you wish to disable these cookies, the help portion of the tool bar on most browsers will tell you how do that. If you set your browser to disable cookies, however, you may not be able to access certain parts of this site.

We may also use third-party services such as Google Analytics. This helps us understand traffic patterns and know if there are problems with our website. We may also use embedded images in emails to track open rates for our mailings, so that we can tell which mailings appeal most to Mijente supporters and activists. Google Analytics collects only the IP address assigned to you on the date your visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of google Analytics with personally identifiable information. Although Google plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site the cookie cannot be used by anyone but Google. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. Additional information collected through Google analytics and DoubleClick may include: remarketing with Google Analytics; Google Display Network Impression Reporting; Google Analytics Demographics and Interest Reporting; Integrated services that require Google analytics to collect data via advertising cookies and identifiers.

URLs contained in emails may contain an ID that enables us to correctly identify the person who takes an action using a web page. We use these URLs to simplify the process of signing petitions and filling out surveys. We may occasionally present a shortened URL that references a longer URL which contains an id—we do this to simplify the display, to prevent links from becoming broken when copied, and to ensure compatibility with email programs which do not handle long URLs. When a shortened URL is displayed in an email, you will see the full URL in the browser’s address bar when you access the page.

Advertising

We may place online advertising with third-party vendors, including Google, which will be shown on other sites on the internet. In some cases, those third-party vendors may decide which ads to show you based on your prior visits to the site. At no time will you be personally identified to those third-party vendors, nor will any of the information you share with us be shared with those third-party vendors. If you prefer to opt out of the use of these third-party cookies on the site, you can do so by visiting the Network Advertising Initiative opt out page.

Mijente does not use cookies to track what specific pages an individual site visitor views. Please note, however, that third party vendors, including Google, may show Mijente-sponsored ads on the Internet. Those third-party vendors (including Google) use cookies to serve ads based on a user’s prior visits to our website. Users may opt out of Google’s use of cookies by visiting

http://www.google.com/privacy/ads/

Links to Other Sites

The privacy policies and practices contained in this Privacy Statement do not apply to ANY external links. This Privacy Statement only applies to our site or any future sites that we may develop. It does not cover sites that are linked to by this site or sites for which we are not responsible (“linked-sites”). These linked-sites will have their own policies and practices which may be different from ours. We therefore encourage you to familiarize yourself with the policies and practices of the linked-sites, especially if you provide personal information to them.

Amendments and Consent to This Privacy Statement

We retain the right to amend or otherwise update this Privacy Statement at any time. By using our site, you consent to the collection and use of the information as we have described. If we change our policies and practices, we will post the changes in our Privacy Statement so that you are always aware of them. With this knowledge, you can make an informed decision about whether you wish to provide personal information to us.

How to Contact Us

If you have any questions about this Privacy Statement, you may contact us by:

• Sending a e-mail to : [email protected]
• Telephone:

TERMS OF SERVICE

The Petition Platform is an online application allowing individuals and organizations to initiate an online petition campaign and send emails encouraging recipients to electronically sign the petition. You or your organization will be given access to the Petition Platform to be able to create a petition (“Petition”), obtain a link to the petition page on the Petition Platform website (the “Site”), and send the link in a message to email addresses from the Partner’s list. The term “you” in these TOS includes your organization, if your organization is creating the Petition and/or signs up for a Digital Partner Program account.

1. Contents of Petitions. The Petition Platform may not be used for any purpose whatsoever other than to create, circulate and transmit petitions on public policy issues, policies and legislation in accordance with these TOS.  Mijente has the right to prohibit you from using the Petition Platform to transmit any petition that does not comply with the following restrictions and to remove from the Platform at any time any Petition that does not comply with these restrictions:

• In no event can the Petition Platform be used for any commercial or for-profit endeavor or purpose.
• If a Petition references a state or local elected official or candidate for state or local office, it is your responsibility to determine if the dissemination of the petition or use of the Petition Platform constitutes a contribution for purposes of any state or local campaign finance law; and to refrain from disseminating the petition if its dissemination would result in such a contribution.; or would require registration or reporting by Mijente under any state or local law applicable to grassroots lobbying.
• In no event can a Petition advocate the election or defeat of any candidate for state or local office; or refer to a candidate for state or local in connection with or in the context of any election campaign or in his or her capacity as a candidate.
• A Petition may not include any content that, as determined by Mijente in its sole discretion:
• infringes upon or violate any third-party rights, including intellectual property rights, privacy rights or publicity rights of others, including posting or providing links to unauthorized copies of another party’s copyrighted work;
• promotes and/or encourage illegal or unlawful activity in any country;
• is defamatory, libelous or slanderous in nature;
• advocates hate, violence, abuse, threats or harm against any group, individual or entity;
• harasses or encourage others to harass any group, individual or entity;
• is racially, ethnically or otherwise objectionable;
• is vulgar, obscene, profane, pornographic and/or otherwise offensive in nature;
• discloses third-party confidential, private or trade secret information;
• violates any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• is patently offensive under a community standard that we deem appropriate, examples include promoting racism, bigotry, pornography hatred or physical harm of any kind; or
• is inconsistent with the goals, objectives, philosophies, and/or purposes of Mijente.

2. Mijente Dissemination of Petition. Mijente will have the right, in its sole and absolute discretion, to disseminate any Petition to all or any portion of Mijente’ s own list of email records, during all or any portion of the period during which the Petition is posted on the Petition Platform. Such dissemination will be referred to as Mijente Distribution.

3. Access to and Use of Identity of Petition Signers. Each recipient desiring to support a Petition will be asked to provide his or her name and zip code, to be transmitted to the public official, agency, corporation or organization to whom or which the Partner Petition is directed. Partner will have the right to maintain the names and zip codes of Partner Petition signers.

4. Access to and Use of Email Addresses. Each recipient of a Petition who signs on to the Petition as a result of an email sent by you (“Petition Signons”) will be advised on the petition page that he or she is opting in to receive future e-mails from Mijente.   Mijente and its sister organization, MSC shall have the right to send emails to all email addresses of Petition Signons.

5. Intellectual Property Rights—(a) Petition Platform. All copyright and other rights in and to the computer programs, computer applications, web applications, database programs, web content files and all written, graphic, audio and audiovisual works incorporated into and utilized on the Petition Platform and the Site shall be and remain the sole and exclusive property of Mijente (“Mijente Intellectual Property”). Partner may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Mijente Intellectual Property.

(b) Petitions—You retain the copyright and other intellectual property rights in and to the content of each Petition you create, to the extent that you have has such rights under applicable law. Notwithstanding the foregoing, you understand and agree that by submitting a Petition, you grant to Mijente and MSC (a) a royalty-free, world-wide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce, distribute, modify, adapt, and publicly display the Petition and its content within the Site and/or on the Petition Platform; and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of the content of the Petition in any or all media throughout the world for the purpose of transmitting or publicizing any Petition and/or the contents thereof and or any information or data relating to such; (iii) the perpetual and irrevocable right to delete any or all of the Petition, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of the Petition, results and numbers of sign ons, as Mijente may deem necessary or desirable for purposes of enhancing, debugging, testing and/or providing support services in connection with the Site or the Petition Platform.

6. Representations and Warranties as to Content. You represent and warrant that no Petition will include or incorporate any material, writing, visual work, symbol, logo, trade name or data of any kind in which any third party has a copyright, trademark or other right without obtaining the prior express written consent of the owner of such proprietary rights.   You further represent and warrant that the content of any Petition will not be defamatory, libelous or slanderous in nature and will not violate or promote any violation of any federal, state or local law or the laws of any country.

7. Limitation of Liability. (a) Mijente reserves the right to interrupt the Petition Platform or the Site with or without prior notice for any reason or no reason. Partner agrees that Mijente will not be liable for any interruption of the Petition Platform or the Site, delay or failure to perform. Mijente assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, telephone system or communications lines failures, or theft or destruction or unauthorized access to, or alteration of, user communications. Mijente is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to your or to any other person’s phone or computer related to or resulting from participating or downloading materials in connection with the Petition Platform.

(b) Under no circumstances will Mijente be responsible for any loss or damage, resulting from anyone’s use of the Petition Platform or the Site or any interactions between you and persons proposing or signing petitions or between signers, whether online or offline. The Petition Platform is provided “AS-IS” and (to the extent legally permitted) Mijente expressly disclaims any warranty of fitness for a particular purpose and further expressly disclaims any implied warranty and terms and conditions. Mijente cannot guarantee and does not promise any specific results from use of the Petition Platform or the Site.

(c) Except where restricted or prohibited, in no event will Mijente be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from Partner use of the Petition Platform or the Site, or of termination of your account, even if Mijente has been advised of the possibility of such damages. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to Partner.

• You hereby agree to release Mijente, MSC and their respective officers, directors, agents and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Petition Platform or the Site. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

8. Indemnification

You agree to indemnify and hold Mijente and MSC harmless form and against any damages or losses incurred because of or resulting from any claim, action, suit, proceeding or investigation asserted or initiated by a third party, based upon or arising out of the breach by you of any warranty, representation or covenant of Partner set forth in these TOS.

DIGITAL PARTNER PROGRAM

9. By participating in the Digital Partner Program (“DPP”), your organization (“Partner”) represents and warrants to Mijente that:

• Partner is a nonprofit organization exempt from taxation as a charitable or educational organization under section 501(c)(3) of the Internal Revenue Code of 1986 as amended (the “Code”); a social welfare organization exempt under section 501(c)(4) of the Code; a labor organization; or a political organization or committee.
• Partner does not sell or rent email addresses to other organizations; sends emails only to recipients who have opted-in to receive e-mails from Partner; and includes an unsubscribe link in every e-mail sent.
• Partner uses a standard tool or application to manage its email list.
• Partner is committed to developing effective online petition campaigns incorporating issues that affect the Latinx community.

10. Partners will be permitted, by the Petition Platform, to:

• Create customized share messages;
• Customize follow-up e-mails to include specific actions steps or asks;
• Download and retain the full list of Signon e-mail addresses and associated records, and to e-mail records on that list at any time, for any purpose serving the Partner’s mission, operation or programs.

11. Mijente reserves the right to terminate the account of any Partner for violation of any of these TOS.