Privacy Policy
Last Updated 04/11/2024, 3:20 PM
The campaign cares about your privacy rights, and about providing you with the information you need in order to protect them. Accordingly, we’ve created this policy to explain our privacy practices. This applies to https://www.electelmermobley.com only.
We may revise and update this policy if our practices change, if we add new features to the site, or if we change existing ones that affect these practices. We may also modify this policy if we find better ways to inform you of products or services that we think will be of interest. You should refer back to this page often for the latest information.
Information Collected About You
We collect a variety of personal information about those who register on our site, make contributions through our site or use other functions or features on the site. Personal information is information that can be directly associated with a specific person or entity such as a name, address, telephone number, credit card information, bank account information, e-mail address, or information about activities that are directly linked to that person.
We collect information you give us when you register on our site, contact us or make an online contribution. For example, when making a contribution, in addition to providing us your name, address, occupation and name of employer, you will need to provide us with a billing address and credit card or bank account information, and answer a series of brief questions to make sure we may legally accept your contribution.
You may make changes to the information you have provided by visiting any form throughout the https://www.electelmermobley.com site. You may also contact us at info@electelmermobley.com with any questions or changes to your account.
Automatically Collected Information: We automatically receive certain types of information whenever you interact with us online. For example, when you visit our site, our systems automatically collect your IP address and the type of browser you use. Information may be automatically collected through the use of “cookies” (more information below). We also collect “clickstream” data about your use of the site.
Network And Information Security
We employ a variety of physical, electronic, and procedural safeguards to guard your personal information. For example, we use commercially reasonable tools and techniques to protect against unauthorized access to our systems. Also, we restrict access to personal information about you to those employees who need to know that information to provide services to you. In addition, we work to protect the security of your personal information by using Secure Sockets Layer (SSL) software, which encrypts information you input and allows you to view your information in a secure manner.
You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services. Further, we store the personal information we collect from you behind a secure firewall and place the transaction site on a secure server.
Disclosure Of Personal Information
Text messaging originator opt-in data and consent will not be shared with any third party, except: (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); or (2) if we believe disclosure is required by any applicable law, rule, or regulation or to comply with law enforcement or legal process.
Information about our donors and website visitors is one of our most important assets and therefore we keep it confidential. Personal information is made available to others for the following, limited purposes:
To Comply with Campaign Finance Laws. We are often required to disclose information regarding our contributions to comply with campaign finance laws. For example, federal law requires us to use our best efforts to collect and report the name, mailing address, occupation and name of employer of individuals whose contributions aggregate in excess of $200 in a calendar year.
To Carry Out Your Requests. We also may be required to disclose personal information in order to carry out your requests when you use the site. For example, we will share personal information with third parties as necessary to complete a donation transaction or to deliver an e-mail to someone you have identified or when we disclose your return address as part of the service.
To Protect You and Ourselves. We release personal information when we believe release is appropriate to comply with the law (e.g., a lawful subpoena), to protect our rights or property, or to protect our donors and 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 without delay.
To Support Democratic Candidates and Organizations. We may disclose selected personal information (other than credit card information, bank information, or mobile phone numbers) to other campaigns and organizations that we believe are like-minded or that we believe you may wish to hear from.
Cookies
We may automatically collect information using “cookies” or cookie-like files called Local Shared Objects (Flash cookies). Cookies are small data files stored on your hard drive by a Web site. Local Shared Objects are larger data files stored on your hard drive. Among other things, cookies and Local Shared Objects help us improve our site and your experience, count visits to our site and to tailor your experience on our site according to which areas you have visited on our site and the preferences you have specified, and to save you the effort of having to log in or provide information each time you visit our Website. These cookies and Local Shared Objects may be linked to your personal information. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our site. Browser settings will not affect Local Shared Objects.
Web Beacons
We may collect information using Web beacons. Web beacons are electronic images that may be used on our sites or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
Third Party Advertisements
We may also use third parties to show you ads for other organizations on our site. We may also use third parties to show our ads on other organizations’ Web sites based on your prior visits to our site. To show these ads, these third parties may automatically collect information about your visits to our site and other Web sites, your IP address, your ISP, the browser you use to visit our site (but not your name, address, email address or telephone number). They do this using cookies, clear gifs or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our site and the other Web sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies or clear gifs in third party ads or on third party Web sites, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. If you would like more information about this practice and to know your choices about not having this information used by these third parties, click here.
Children’s Online Privacy Protection Act
We do not knowingly, directly or passively, collect information from children under the age of 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any Personal Information on this Site. We ask that parents supervise their children while online.
Links To Other Sites
Please be aware that we may provide links to third-party Web sites, including those sites maintained by Democratic candidates, other Democratic committees and news media outlets, as a service to our visitors. We are not responsible for the content or information collection practices of those sites. Please note that these sites’ privacy policies may differ from ours. We encourage you to review and understand their privacy practices before providing them with information.
Updating This Policy
We may revise or update this policy if our practices change, as we change existing or add new features or as we develop better ways to inform you of features we think will be of interest. You should refer back to this page often for the latest information. If we decide to change this policy, we will post a new policy on our sites and change the date at the top of the policy.
How to Contact Us
If you have any questions, comments or concerns, please contact us by e-mail at info@electelmermobley.com, or at the mailing address listed below:
7303 Cox Run Ct., Fairview, TN 37062
Elect Elmer Mobley
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Elect Elmer Mobley (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Marketing Program Terms and Conditions (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receive such autodialed or prerecorded marketing mobile messages is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, up to 4 messages per month, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@circadianoptics.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and 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 do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Circadian Optics, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Walpole, Massachusetts before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Elect Elmer Mobley’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.