Terms & Conditions:
END USER AGREEMENT
Last updated March 14, 2022
VotingSmarter is licensed to You (End-User) by VotingSmarter, Inc, located at 15 Bodega Bay, Irvine, California 92602, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore or the Extension from the Google Chrome Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple nor Google are not Parties to this License Agreement and is not bound by any provisions or obligations with regard to the Application or Extension, such as warranty, liability, maintenance and support thereof. VotingSmarter, Inc, not Apple nor Google, is solely responsible for the licensed Application and Extension and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store or Chrome Web Store Terms of Service. VotingSmarter, acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
- THE APPLICATION & THE EXTENSION
VotingSmarter (hereinafter: Application and Extension) is a piece of software created to help users find the candidates and companies that match their political views. – and customized for Apple mobile devices and Google Chrome. It is used to show the candidates and companies that have similar political views to the user.
Furthermore, it is used to learn about political issues and news stories.
The Application and Extension are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application or Extension. You may not use the Application or Extension in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
- SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products or the Extension on any product with a Google Chrome Browser that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service and/or the Google Chrome Web Store Twrms of Service, with the exception that such licensed Application and/or Extension may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application and/or Extension provided by Licensor that replace, repair, and/or supplement the first Application and/or Extension, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application and/or Extension available to third parties (unless to the degree allowed by the Apple and/or Google Terms and Conditions, and with VotingSmarter, Inc’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application and/or Extension.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application and/or Extension, or any part thereof (except with VotingSmarter, Inc’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application and/or Extension or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, The Google Chrome Web Store, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
- TECHNICAL REQUIREMENTS
3.1 The Application and/or Extension requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application and/or Extension updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application and/or Extension satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
- MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application and/or Extension. You can reach the Licensor at the email address listed in the App Store Overview and/or Google Chrome Web Store for this licensed Application.
4.2 VotingSmarter, Inc and the End-User acknowledge that Apple not Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application and/or Extension.
- USE OF DATA
6.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
6.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application and/or Extension to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application and/or Extension, You will not have access to licensed Application.
7.1 Licensor warrants that the Application and/or Extension is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application and/or Extension works as described in the user documentation.
7.2 No warranty is provided for the Application and/or Extension that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of VotingSmarter, Inc’s sphere of influence that affect the executability of the Application and/or Extension.
7.3 You are required to inspect the Application and/or Extension immediately after installing it and notify VotingSmarter, Inc about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
7.4 If we confirm that the Application and/or Extension is defective, VotingSmarter, Inc reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5 In the event of any failure of the Application and/or Extension to conform to any applicable warranty, You may notify the App-Store-Operator or Chrome-Web-Store-Operator, and Your Application and/or Extension purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator or the Chrome-Web-Store-Operator will have no other warranty obligation whatsoever with respect to the Application and/or Extension, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application and/or Extension was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
- PRODUCT CLAIMS
VotingSmarter, Inc and the End-User acknowledge that VotingSmarter, Inc, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application and/or Extension or the End-User’s possession and/or use of that licensed Application and/or Extension, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application and/or Extension fail to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
- LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
- CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
15 Bodega Bay
Irvine, CA 92602
The license is valid until terminated by VotingSmarter, Inc or by You. Your rights under this license will terminate automatically and without notice from VotingSmarter, Inc if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application and/or Extension, and destroy all copies, full or partial, of the Application and/or Extension.
- THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
VotingSmarter, Inc represents and warrants that VotingSmarter, Inc will comply with applicable third-party terms of agreement when using licensed Application and/or Extension.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof. Google also holds said right under their End User License Agreement for use related to the Extension
- INTELLECTUAL PROPERTY RIGHTS
VotingSmarter, Inc and the End-User acknowledge that, in the event of any third-party claim that the licensed Application and/or Extension, or the End-User’s possession and use of that licensed Application and/or Extension infringes on the third party’s intellectual property rights, VotingSmarter, Inc, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
- APPLICABLE LAW
This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.
15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
Last modified: March 14, 2022
VotingSmarter, a California corporation (“VotingSmarter” or “We”), respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes:
- The types of information we may collect or that you may provide when you download, install, register with, access, or use the VotingSmarter App (the “App”)
and/or the VotingSmarter Chrome Browser Extension (the “Extension).
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information you provide to us through the App, information we collect through the App and/or Extension, information you permit us to use and publicly available voter information.
This policy DOES NOT apply to information that you provide to or is collected by any third party.
Third parties may have their own privacy policies, which we encourage you to read before providing information to or through them.
Children Under the Age of 18
The App and/or Extension is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at Support@votingsmarter.org .
Information We Collect and How We Collect It
We collect information from and about users of our App and/or Extension:
- Directly from you when you provide it to us;
- from you with your consent and permission;
- automatically when you use the App and/or Extension; and
- from publicly available voter records.
Information You Provide to Us
When you download, register with, or use the App and/or Extension, we may ask you provide information:
- By which you may be personally identified, such as but not limited to your name, postal address, email address, or telephone number (“Personal Information”).
- That is about you but individually does not identify you, such as but not limited to your responses to surveys, questionnaires, and political candidate rankings available through the App and/or Extension.
This information includes:
- Information that you provide by filling in forms in the App and/or Extension, such as when you create a log-in account.
- Information you provide when you respond to a survey, answer questionnaires, rank political candidates, etc. and when you report a problem with the App and/or Extension.
- Records and copies of your correspondence, including email addresses and phone numbers, if you contact us.
- Records and copies of correspondence you send through the App and/or Extension.
- Your search queries on the App and/or Extension.
You may also provide information for publication or display (“Posted”) on the App and/or Extension (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information You Permit Us to Collect
We will ask for your permission to collect or use certain data from your mobile device or third parties including:
- your mobile device or desktop contacts;
- geolocation information;
- photographs; and
- information we receive when you choose to create a federated log-in using Facebook, Google or others.
You may choose whether to grant the App and/or Extension access to this information. You may opt out of sharing your contacts, geolocation information, or photos by selecting “No” when prompted by your mobile device or through your mobile device settings. You may opt out of sharing information through a federated log-in by creating your own log-in account.
Note, however, that opting out of the App’s collection of your contacts, geolocation information, and photographs will cause features associated with that information to be not fully functional or disabled.
Automatic Information Collection
When you download, access, and use the App and/or Extension, it may use technology to automatically collect:
- Usage Details. When you access and use the App and/or Extension, we may automatically collect certain details of your access to and use of the App and/or Extension, including traffic data, logs, and other communication data and the resources that you access and use on or through the App and/or Extension.
- Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number.
- Location Information. Once you enable the App and/or Extension to access your geolocation information, the App and/or Extension may collect real-time information about the location of your device. This will enable you to check into events you attend via geofence and will enable you to access canvassing features of the App and/or Extension.
If you do not want us to collect this information, do not download the App and/or Extension or, if you have already downloaded the App and/or Extension, delete it from your device.
The technologies we use for automatic information collection may include but is not restricted to:
- Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of the App and/or Extension.
- Web Beacons. Pages of the App and/or Extension and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit VotingSmarter, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
Information We Collect From Publicly Available Voter Records
Voter registration lists and files are available to the public. We have acquired publicly available voter records (“Public Voter Records”) and organized that information. We have chosen to protect our users’ privacy by not including all information from Public Voter Records in the voter information accessible on the App and/or Extension. When you use the app or create a log-in account, you may match your log-in to your voter information available on the App and/or Extension (“VotingSmarter Voter File”), which includes, among others:
- your name;
- your gender;
- your age range;
- voter registration date;
- elections in which you voted; and
- political party affiliation.
You may choose not to associate your log-in with your VotingSmarter Voter File. However, doing so will cause features associated with that information to be unavailable.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the App and/or Extension and its contents, and any other information, products or services that you request from us.
- Notify you when App and/or Extension updates are available, and of changes to any products or services we offer or provide though it.
- To develop analytics about our users in the aggregate.
- Fulfill any other purpose for which you provide it.
The usage information we collect helps us to improve our App and/or Extension and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our App and/or Extension according to your individual interests.
- Speed up your searches.
- Recognize you when you use the App and/or Extension.
We use your contacts to enable you to invite friends to check out the App and/or Extension and engage with them regarding the App and/or Extension. We will not provide them to any third party for advertising or any purpose unrelated to the App and/or Extension. If you provide access to your contacts and initiate a text message to one or more of your contacts, you represent and warrant that each of those individuals has expressly consented to receive such message from you and to receive them from you through the App and/or Extension.
Disclosure of Your Information
We may disclose aggregated information and analytics about our user populations without restriction. When we do this, we won’t share your personal information. Aggregated information and analytics about our users will never be traceable to you individually.
In addition, we may disclose personal information that we collect or you provide:
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of VotingSmarter’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by VotingSmarter about our App and/or Extension users is among the assets transferred.
- To fulfill the purpose for which you provide it. For example, if you give us an email address or phone number to contact an individual through the App and/or Extension, we will transmit the contents of that email or text message and your email address or phone number to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, including the End User License Agreement.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of VotingSmarter, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
- Tracking Technologies. If you disable or block the use of other tracking technologies, some parts of the App and/or Extension may then be inaccessible or not function properly.
- Location Information. You can choose whether or not to allow the App and/or Extension to collect and use information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App and/or Extension may then be inaccessible or not function properly.
- Promotion by VotingSmarter. We will not use your email address or phone number to promote our own or third parties’ products or services, except to occasionally provide you an update on App and/or Extension usage by you and the VotingSmarter community. If you do not want us to use your email address or phone number for these purposes, you can opt-out by logging into the App and adjusting your user preferences in your account profile or by emailing email@example.com.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the App and/or Extension and visiting your account profile page.
You may also send us an email at Support@votingsmarter.org to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.
In particular California permits users of our App and/or Extension that are California residents to request, once each calendar year, information regarding the categories of personal information disclosed to third parties for their direct marketing purposes, if any. VotingSmarter does not disclose personal information to third parties for their direct marketing purposes. However, to make such a request, please send an email to Support@votingsmarter.org.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers and is encrypted in-transit.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the App and/or Extension, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App and/or Extension and in the messages you may send through the App and/or Extension. The information you share in public areas may be viewed by any user of the App and/or Extension.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App and/or Extension. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
How we get the scores:
The scores on VotingSmarter’s websites, in our iOS App, and in our Browser Extension are based on may sources. Political profiles are from the candiates’ website, Ballotpedia, Vote Smart and other voter resources. Our individual company scores are based on companies’ political donations to candidates running in 2020 that were reported to the FEC, and then consolidated by Open Secrets. We then combined that info with candidate data from VotingSmarter’s Candidate Matchmaker app. The higher the score the more a company supported politicians that support that perspective on an issue. All scores are on a 100 scale, the higher the more supportive of that position.
Our scores, studies and reports are made available by VotingSmarter Inc. (VS) on the express understanding that they will be used solely for information purposes. The material contained in VotingSmarter publications, websites, applications and extensions should not be construed as relating to accounting, legal, regulatory, tax, research or investment advice and it is not intended to take into account any specific or general investment objectives. The material contained in our websites, studies, apps, extensions, and reports does not constitute a recommendation to take any action or to buy or sell or otherwise deal with anything or anyone identified or contemplated in the materials. Before acting on anything contained in this material, you should consider whether it is suitable to your particular circumstances and, if necessary, seek professional advice. While the material contained in our websites, apps, extensions, studies and reports have been prepared in good faith, neither VS nor any of its agents, representatives, advisers, affiliates, directors, officers or employees accept any responsibility for or make any representation or warranty (either express or implied) as to the truth, accuracy, reliability or completeness of the information contained in the scores or any other information made available. The data used to compile the score, the rankings, scorecards, score sheets and findings are based on information publicly disclosed by companies or submitted to VS through various means of engagement with companies and also sourced from third parties. Final scorecards were made available to all companies for fact checking purposes but not all companies will have reviewed their scorecards if they did not engage with VS. Whilst based on information believed to be reliable, no guarantee can be given that it is accurate or complete. Neither VS nor any of its agents, representatives, advisers, affiliates, directors, officers and employees undertake any obligation to provide the users of the score with additional information or to update the information contained therein or to correct any inaccuracies which may become apparent – except where an appeals procedure exists. To the maximum extent permitted by law any responsibility or liability for the score or any related material is expressly disclaimed provided that nothing in this disclaimer shall exclude any liability for, or any remedy in respect of, fraud or fraudulent misrepresentation. We use data from multiple sources to come up with these our scores, rankings, and assertions but if you feel they incorrectly represent the activities or political leanings of you as a candidate or of your firm please reach out to support@VotingSmarter.org.