PRIVACY & DATA USE POLICY
American Conservative Union/American Conservative Union Foundation Privacy Notice
Effective Date: November 1, 2022
This Privacy Notice applies to personal information and other information collected by the American Conservative Union d/b/a/ CPAC and/or the American Conservative Union Foundation d/b/a/ CPAC Foundation (hereinafter collectively referred to as “CPAC”) or our third-party service providers from or about you when you (i) attend a CPAC event or conference, or (ii) respond to our emails, text and other electronic messages between you and CPAC or our service providers. Unless otherwise specified, this Privacy Notice does not apply to any other information collected in any other way (whether online or offline) or for any other purpose.
WHAT PERSONAL AND OTHER INFORMATION DOES CPAC COLLECT?
CPAC and/or our contractors may collect personal information and other information from or about you. The information collected includes, but is not limited to:
- Telephone Number
- Email Address
- Mailing Address
This information is gathered by in-person request, from public sources, or from third-party data providers.
HOW DOES CPAC USE YOUR INFORMATION?
CPAC may use, in its legitimate interest, information that we collect from or about you, including any personal information:
- to provide ongoing service and support, including event-related communications;
- to email or otherwise send you marketing or other promotional information about CPAC’s or others’ products or services that may interest you;
- to fulfill any other purpose for which you provide the information;
- as otherwise required or permitted by law;
- and/or for any other purpose with your consent.
CPAC seeks to re-verify the accuracy of all of the information on an ongoing basis. Data that is found to be inaccurate or out of data is removed from our database.
WITH WHOM DOES CPAC SHARE YOUR INFORMATION?
We may disclose information that does not identify any individual (e.g., anonymous, aggregated data) without restriction.
CPAC contracts with third-party service providers and suppliers (including marketing information research company and endeavors to provide the most accurate information possible) to deliver certain products, services on our behalf. Examples of such services provided on our behalf are mail delivery, website hosting, sending emails on our behalf, provide you with support on event activities. CPAC may share your personal information with its service providers and suppliers to the extent necessary to hold live or virtual events, respond to your requests for information on our activities, or otherwise communicate to advance our mission of advancing conservatism. You will not have the opportunity to opt out of having your information shared with these third-party service providers and suppliers for these purposes, and they may contact you directly in connection with such purposes.
Third-party service providers and suppliers receiving personal information are expected to maintain privacy and security protections that are consistent with CPAC’s privacy and information security policies. These companies are authorized to use your personal information only for the purposes for which it was originally intended or as required or permitted by law. However, unless otherwise dictated by law, CPAC is not responsible for any improper use by such parties.
We may also disclose your personal information and other information, including across country borders:
- if CPAC determines in its good faith judgment that such disclosure is necessary to provide its services or to protect the rights, interests, safety, or property of its business, employees;
- to suppliers, customers, or others;
- for any other purpose disclosed by us when you provide the information;
- as otherwise required or permitted by law; and/or
- with your consent.
Unless permitted by relevant laws, CPAC will not share, sell, trade, or lease your personal information to or with others except as provided for in this Privacy Notice.
SECURITY OF YOUR PERSONAL INFORMATION
CPAC has implemented reasonable administrative, technical, and physical measures designed to protect your personal information from accidental loss and from unauthorized access, disclosure, use, alteration, or destruction.
By opting into our use of your personal data, you agree that any and all claims arising out of or relating to this Agreement, or the breach hereof, shall be subject to arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and the judgment on the award shall not exceed the lesser of minimum statutory damages or $1 per incident.
CONTACT US – QUESTIONS ABOUT AND ENFORCEMENT OF THIS PRIVACY NOTICE
You have various rights in relation to your personal information, including:
- the right to request access to your personal information;
- correct any mistakes on your records;
- erase any mistakes on our records; and/or
- where we rely on your consent as our legal basis for use of your personal information you have a right to withdraw your consent to such use.
If you have questions regarding our compliance with this Privacy Notice, or if you want to exercise your rights stated above or any other rights that you have by law, please contact our offices at:
1199 North Fairfax Street, Suite 500, Alexandria, Virginia 22307
CPAC will attempt to resolve the issue as soon as possible. You also have the right to lodge a complaint to the Data Protection authority of your country.
CHANGES TO THIS PRIVACY NOTICE
CPAC will review and update this Privacy Notice periodically and will note the date of its most recent revision above. If we make material changes to this Privacy Notice, we will notify you either by prominently posting a notice of such changes prior to implementing the changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how CPAC is collecting, using, retaining, protecting, disclosing, and transferring your information.
DATA USE TERMS & CONDITIONS
Please read these Terms & Conditions carefully. By completing the Opt-In Box, you expressly consent to receive non-marketing and marketing calls and text messages from the American Conservative Union d/b/a/ CPAC and/or the American Conservative Union Foundation d/b/a/ CPAC Foundation (hereinafter collectively referred to as “CPAC”), including calls and text messages made by a third party or with an auto dialer, to the mobile phone number(s) you provide. Such texts and calls may include content or material informing you of CPAC’s purpose, mission, events, or promotions, even if offered to the public by a third party.
CPAC is offering a mobile call and messaging program (the “Program”), subject to these Terms and Conditions (the “Terms”). By participating in the Program, you agree to receive autodialed marketing mobile messages or calls, and you understand that consent is not required to make any purchase from the American Conservative Union, CPAC or any of its affiliates.
To opt-in to receive calls or text messages from CPAC under the Program, complete the Opt-In Form and submit it to CPAC. CPAC will then send you a text message asking you to confirm your enrollment in the Program. By completing the Opt-In Form, you also accept and agree to be bound by these Terms & Conditions and any other applicable terms and agreements related to your use of Phone/SMS/Text services. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.
Opt-Out and Help
If you do not wish to continue participating in the program or no longer agree to these Terms, you can reply “STOP” to any mobile message from CPAC in order to opt out of the Program. You can receive help at any time by replying “HELP” to any text message from the CPAC or by otherwise contacting CPAC as indicated below.
To receive CPAC calls or text messages or enroll in the CPAC Program, you must be authorized to enroll the mobile phone number in the CPAC Program and authorized to incur any mobile message or data charges incurred by participating. You may not use or engage with the Program if you are under seventeen (17) years of age. If you use or engage with the Program and are between the ages of seventeen (17) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of seventeen (17) years, are between the ages of seventeen (17) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Program. CPAC reserves the right to require you to prove the foregoing to participate in the CPAC Program.
Under the Program, the number of messages that you receive may vary in frequency.
Standard message and data rates may apply to each call or text message sent or received in connection with the Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
The Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the Program are available on all equipment/mobile devices, or through all wireless carriers. CPAC may, from time to time, in its discretion and without notice to you, limit the carriers that support the Program. Certain other carriers may not support the Program. Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The Program is subject to transmission limitation or interruption.
You understand and acknowledge that mobile network services are outside of CPAC’s control, and CPAC is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the Program. If the Program is not available within your intended location, you agree that your sole remedy is to cease using the Program.
Multimedia Messaging Service (MMS) alerts: From time to time, CPAC may send messages with multimedia content (pictures, videos, GIFs, etc.). MMS alerts may not be available through all carriers. If your device does not support MMS alerts, then you will receive an SMS alert. Prepaid users may not be able to participate. Check with your mobile operator.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with CPAC regarding your use of the CPAC Program, including, without limitation, notifying CPAC in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify CPAC in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to, or caused in whole or in part by your failure to notify CPAC if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
Changes to these Terms & Conditions
CPAC may revise, modify, or amend these Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to CPAC website. You agree to review these Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive CPAC text messages will indicate your acceptance of those changes.
Amendment; Termination of Calls or Text Messaging
CPAC may suspend or terminate your receipt of CPAC text messages if CPAC believes you are in breach of these Terms & Conditions. Your receipt of CPAC text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. CPAC reserves the right to modify or discontinue, temporarily or permanently, all or any part of CPAC text messages and the CPAC Program, for any reason, with or without notice to you.
Release; No Warranties; Limitation of Liability
By participating in the Program, you agree to release and hold harmless CPAC and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the Program, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
CPAC makes no representations or warranties whatsoever regarding the Program. CPAC hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.
In no event shall CPAC be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorneys’ fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the CPAC Program, or your use thereof, regardless of the theory of recovery is $0.01 per incident.
Applicability of Law
These terms shall be construed in accordance with the laws of the Commonwealth of Virginia, except for the terms of arbitration below, which are subject to the Federal Arbitration Act (FAA) because the Program involves interstate commerce.
Arbitration/Class Action Waiver
You agree that any and all claims arising from or relating to this agreement, your relationship with CPAC, and/or the Program shall be subject to binding arbitration under the FAA. This includes claims based on contract, tort, equity, or statute as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, CPAC, or CPAC entities. A single arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association (AAA), the Judicial Arbitration and Mediation Service (JAMS), or another similar arbitration service provider acceptable to CPAC to administer the arbitration. Consistent with the FAA, the appropriate AAA rules, JAMS rules, or rules of another service provider shall apply, as determined by the arbitrator. For AAA and JAMS, these rules are found at adr.org and at jamsadr.com. Each party to the arbitration shall pay his, her, or its own costs of arbitration unless prohibited by law or the applicable arbitration rules. If you can’t afford your arbitration costs, you may apply for a waiver under the relevant rules. The parties waive any right to bring representative claims on behalf of a class of individuals (a class action waiver). This arbitration provision may be severed or modified if necessary to render it enforceable.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and CPAC alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and CPAC arising out of or relating in any way to these Terms & Conditions, any calls or text messages between you and CPAC, or anyone acting on your or CPAC’s behalf, or the CPAC Program, you consent to waiving any claim for attorneys fees and litigation costs.
If you have questions regarding these Terms & Conditions, you may reach us by calling (202) 347-9388, by mail to the American Conservative Union, 1199 N. Fairfax Street, Suite 500, Alexandria, VA 22314, or by email at [email protected].
1. Are you going to charge me for this service?
CPAC does not charge for the service, but your carrier’s standard message and data rates may apply.
2. How do I unsubscribe from receiving text messages?
To unsubscribe at any time, simply text the word “STOP” in response to any text message received or to the short code.