Privacy Policy / Terms of Use

This Privacy Policy explains the information that Ken Paxton for Senate (“KPFS,” “we,” or “us”) collects, uses, shares, and discloses with respect to the use of KPFS’s website and mobile application, “Paxton Team” about users. KPFS reserves the right to change the provisions of this Policy at any time for any reason. Please review this Policy from time to time to make sure that you understand it and any changes. This Privacy Policy may change at any time. If we make any changes to our privacy practices, we will post a revised Privacy Policy on this page, as well as the effective date of the change. By accessing or using the website/mobile application, you accept the terms of this Privacy Policy. If you have any questions about this Policy or the use of your information by KPFS, please contact us by emailing info@KenPaxton.com.


1. What is Personal Information?

For purposes of the use of KPFS’s website and mobile application, including Paxton Team, Personal Information means information that specifically identifies and individual, such as their name, address, telephone number, cell phone number, email address, voter registration history, or credit card number as well as information about your activities on this site when it is linked with other information that would enable a reader to identify you. Personal Information does not include aggregate data that we collect about the use of our website or Paxton Team, or about a group or category of services or users, from which identifying information about the user has been removed. The collection of such aggregate information is in no way limited or restricted by this policy.


2. Information collected automatically:

When you use our website or Paxton Team, we may automatically collect and store information about your computer or mobile device and your activities. This information may include your mobile device’s unique ID number, your mobile device’s geographic location while the app is actively running, your computer’s IP address, technical information about your computer or mobile device (such as type of device, web browser or operating system), your preferences and settings (time zone, language, privacy preferences, product preferences, etc.), the URL of the last web page you visited before coming to one of our sites, the buttons, controls and ads you clicked on (if any), how long you used our website or app and which services and features you used, and the online or offline status of Paxton Team.


3. Information you provide

Whenever you voluntarily disclose personal information on publicly-viewable screens or pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. You may also (but are not required to) provide information about yourself (such as your gender, ethnicity, location, URL, political viewpoints, mailing address, phone number, or a biography). This information may be provided as part of the registration process, by volunteering, or responding to a survey. This information may be used by us in accordance with this policy and will be treated as confidential personal information. Any additional image or information you provide may be publicly displayed. If you wish, we will delete your account information; to do so, please close your account by sending an email to info@KenPaxton.com


4. Information about others

We may access, collect, and store personal information about other people that is available to us through your contact list and/or address book. The website and mobile app allows users to complete contact information for entries on their contact list/address book, match their information with information available from other sources, and identify issues of interest. To revoke your consent for this access, you can change the settings on your device if that option is available, delete your profile, or delete or uninstall the mobile app from your device.


5. How we use your information

We use your information to provide and improve our services, award loyalty points to you, make special offers, customize services for you, better understand our users, or diagnose and fix problems.


6. Geo-location information

While the Paxton Team application is in use, we may keep track of your device’s geographic location so that we can connect you to other Paxton Team users based on your particular geographic location.


7. Use of your information by others

Except as described below, we will not share your personal information with other companies or organizations. What information we make available to other organizations depends on the nature of our relationships with them. Examples of circumstances in which we would share personal information include:


  1. Service Providers: We may share all of the types of information we collect with vendors, consultants or service providers who provide services to us and who require access such information to carry out their work.
  2. Aligned Organizations: We may share your information with other organizations, groups, causes, campaigns or political organizations that we believe have similar viewpoints, principles or objectives to us.
  3. Analytics Companies: We allow analytics companies to use tracking technologies to collect information about our users’ computers or mobile devices and their online activities. These companies analyze this information to help us understand how our sites and apps are being used. Analytics companies may use mobile device IDs, as described in the paragraph below (“Mobile device IDs”). Unlike cookies, device IDs cannot be deleted.
  4. Mobile device IDs: In order to recognize you, store your preferences, and track your use of our application, we may store your mobile device IDs (the unique identifier assigned to a device by the manufacturer) when you use the Paxton Team application. Unlike cookies, device IDs cannot be deleted.
  5. Aggregated Information: We may publicly disclose aggregated information about our users, such as the total number of our users and their overall demographics.
  6. Legal matters: We may disclose any information: in response to a legal request, such as a subpoena, court order, or government demand; to investigate or report illegal activity; or to enforce our rights or defend claims.
  7. With Your Consent: If you consent to the sharing of certain information, including information you enter during the registration process or while using the application, we may share that information consistent with the consent you provide.We are not responsible for the actions of any service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties. Before disclosing information to any organization, we encourage you to familiarize yourself with their privacy policy. Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third parties without your consent.


8. What we don’t share:

We do not provide third parties with your name, address, email address, or phone number, except as provided herein as described above, in ”Use of your information by others”.


9. Children’s privacy

We do not allow persons under 13 to register for any service, and we do not knowingly collect any personally identifiable information from persons under the age of 13.


10. Information from users outside the United States

If you’re outside the United States, your information will be sent to and stored in the United States, where our servers are located. By using our website and/or Paxton Team, you agree to the information collection, use, and sharing practices described in this Privacy Policy.


11. SMS Disclaimer

By providing your cell phone number, you are consenting to receive recurring automated text messages & automated calls from the Ken Paxton Campaign with news, updates, and information about the campaign and related issues. Message frequency will vary. Message and data rates may apply. Text HELP for more information. Text STOP to stop receiving messages.


How the data is used/that it will not be shared with third parties:
Text messaging originator opt-in data and consent will not be shared with any third parties unless required by law.


TERMS OF USE


1. Summary of Services

Welcome to the Ken Paxton for Senate (“KPFS”) website.


2. Acceptance of Terms

These terms of use apply to your use of the KenPaxton.com website and all associated services (including, but not limited to, e-mail received from KPFS and content embedded on other websites). These terms of use include our Privacy Policy, which describes how we use your personal information.
If you browse or donate through KenPaxton.com, you accept these conditions. If you do not agree, then you do not have permission to use this website.


3. Modifications

Over time, our Services may change, laws may change, or something else may change that will make us amend these Terms. Accordingly, we reserve the right to amend these Terms at any time, for any reason. When we amend these Terms, we will publish the amended Terms and specify when they were last revised. We may also provide you with some type of information about what changes were made, but the terms of the amended Terms will govern the relationship. By continuing to access or use the Services after an amendment to these Terms, you are affirmatively accepting to be bound to the new Terms, which will apply to all access to, and use of, the Services thereafter. Keep in mind that you do not have to continue to use the Services. If you do not agree to the new terms in their entirety, stop using our accessing the Services. All changes to the Terms will only apply to projects commenced after the effective date of the change (i.e., the Terms that existed at the time of the project’s creation will apply). However, if we make a change that we deem necessary to prevent unlawful conduct or conduct that would cause us legal liability (each of which we may make immediately upon notice,) then those new terms will apply immediately to those already existing projects.


4. Acceptable Use

KPFS hereby grants you the right to use our website in accordance with these Terms.


5. Eligible Users

You are eligible to access or use our Services only if:

  • you are 18 years or older (or, if you are between the ages of 13 and 17 years old, you are using the Services with the consent of or are supervised by a parent or guardian); AND
  • You are complying with the campaign finance laws outlined in section 7 below as well as any additional requirements specified during the online contribution process.


6. Campaign Finance Laws

Political contributions to KPFS are governed by campaign finance laws, and KPFS makes its best efforts to ensure that all contributions made on the KPFS site are in accordance with these laws. For example:

  • KPFS conspicuously notifies donors that political contributions are not deductible for federal income tax purposes. It goes without saying that KPFS is not responsible for your treatment of these donations on your tax returns, and we recommend consulting your tax adviser or tax preparer if you have any questions.
  • To comply with the disclosure requirements imposed by various federal, state, and local jurisdictions, it is our policy to collect and report the name, address, occupation, and name of employer of each individual who contributes to KPFS, regardless of the contribution amount.
  • Prior to processing a contribution via credit card, KPFS requires the donor to affirm that their contribution:
  • (i) is being made on a credit/debit card for which the donor listed above has the legal obligation to pay, and the contribution will not be reimbursed by another;
  • (ii) is not being made from the treasury of a national bank or an entity or person who is a federal government contractor; and
  • (iii) is not being made from a foreign entity or by an individual who is not lawfully admitted to the U.S. with permanent residence status.
    Notwithstanding KPFS’s best efforts to ensure that all contributions made on the KPFS site are in accordance with applicable federal, state, and local laws, you are accepting final responsibility for ensuring your own compliance when making a contribution.


7. Representations

If you read section 7 above, it should go without saying that you must provide us with true, accurate, and complete information when you make a contribution.


8. Liability and Indemnification

As stated above, acceptance of these terms, including the campaign finance restrictions set forth in section 6, are a necessary condition to use the Services. In consideration of your use of such Services, you are agreeing indemnify and hold KPFS, its employees, directors, officers, agents, and volunteers harmless against any and all claims, demands, actions, liabilities, damages, costs, and expenses (including attorneys’ fees, court costs, and other litigation expenses) arising from, or attributable to, your negligence, willful misconduct, or failure to adhere to these Terms. KPFS reserves the right to assume the exclusive defense and control of any matter subject to this provision of the Terms, in which case you agree that you’ll cooperate and help us in asserting any defenses. You also acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal or unlawful, as well as any reports we receive of such conduct. When requested, KPFS reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services.


9. Processing Funds

If you make a contribution, your card will be charged immediately. For security reasons, KPFS does not store your credit card information. Rather, we securely transmit your credit card information to Stripe (our payment processor).


10. Refunds

KPFS does everything we can to accommodate requests for refunds. We do our best to honor refunds requested for reasons such as input error or when a contributor accidentally donates twice or enters the wrong donation amount, but we will not consider refunds for other reasons such as a change in political opinion or the loss of an election. KPFS reserves the right to refuse a refund request for these or other reasons. All refund requests are subject to the availability of the contribution funds, and we will only refund a contribution if we still have the funds or can recover the funds from the recipient. For this reason, it is of the utmost important that you make a request for a refund as soon after contributing as possible.


11. Intellectual Property

The Ken Paxton for Senate name and all TKenPaxton.com content, which may include, without limitation, information, text, data, photographs, video, images, graphics, logos, trademarks, service marks, and other contents or materials, associated technology and software, and the look and feel of the website (collectively “KPFS Content”), are the proprietary property of KPFS and owned by KPFS. These Terms grant you no right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any KPFS Content. Any rights not expressly granted to you herein are reserved by KPFS.


12. Disclaimer of Warranties

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

KPFS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KPFS SHALL CREATE ANY WARRANTY.


13. Limitations of Liability

To the fullest extent permitted by law, in no event will KPFS, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the KPFS website. In no event shall KPFS’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


14. Dispute Resolution, Governing Law and Arbitration

We at KPFS encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that KPFS and its Services are deemed a passive website that does not give rise to jurisdiction over KPFS or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Texas.
Any dispute arising out of, or relating to, these Terms shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect to be held in Harris County, Texas, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If the amount in controversy exceeds $500,000, arbitration shall be conducted under the Procedures for Large, Complex Commercial Disputes.


15. Miscellaneous

These Terms and the other material referenced in them are the entire agreement between you and KPFS with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and KPFS with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or KPFS to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get KPFS’s prior written consent. KPFS has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. KPFS will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.


16. Changes to Policy

As we continue to develop and improve the KPFS website, we may need to update the policies described above and reserve the right to do so at any time. If any changes are made, then we will list the date the policy was last updated.


TERMS OF USE


1. Summary of Services

Welcome to the Ken Paxton for Senate (“KPFS”) website.


2. Acceptance of Terms

These terms of use apply to your use of the KenPaxton.com website and all associated services (including, but not limited to, e-mail received from KPFS and content embedded on other websites). These terms of use include our Privacy Policy, which describes how we use your personal information.
If you browse or donate through KenPaxton.com, you accept these conditions. If you do not agree, then you do not have permission to use this website.


3. Modifications

Over time, our Services may change, laws may change, or something else may change that will make us amend these Terms. Accordingly, we reserve the right to amend these Terms at any time, for any reason. When we amend these Terms, we will publish the amended Terms and specify when they were last revised. We may also provide you with some type of information about what changes were made, but the terms of the amended Terms will govern the relationship. By continuing to access or use the Services after an amendment to these Terms, you are affirmatively accepting to be bound to the new Terms, which will apply to all access to, and use of, the Services thereafter. Keep in mind that you do not have to continue to use the Services. If you do not agree to the new terms in their entirety, stop using our accessing the Services. All changes to the Terms will only apply to projects commenced after the effective date of the change (i.e., the Terms that existed at the time of the project’s creation will apply). However, if we make a change that we deem necessary to prevent unlawful conduct or conduct that would cause us legal liability (each of which we may make immediately upon notice,) then those new terms will apply immediately to those already existing projects.


4. Acceptable Use

KPFS hereby grants you the right to use our website in accordance with these Terms.


5. Eligible Users

You are eligible to access or use our Services only if:

  • you are 18 years or older (or, if you are between the ages of 13 and 17 years old, you are using the Services with the consent of or are supervised by a parent or guardian); AND
  • You are complying with the campaign finance laws outlined in section 7 below as well as any additional requirements specified during the online contribution process.


6. Campaign Finance Laws

Political contributions to KPFS are governed by campaign finance laws, and KPFS makes its best efforts to ensure that all contributions made on the KPFS site are in accordance with these laws. For example:

  • KPFS conspicuously notifies donors that political contributions are not deductible for federal income tax purposes. It goes without saying that KPFS is not responsible for your treatment of these donations on your tax returns, and we recommend consulting your tax adviser or tax preparer if you have any questions.
  • To comply with the disclosure requirements imposed by various federal, state, and local jurisdictions, it is our policy to collect and report the name, address, occupation, and name of employer of each individual who contributes to KPFS, regardless of the contribution amount.
  • Prior to processing a contribution via credit card, KPFS requires the donor to affirm that their contribution:
  • (i) is being made on a credit/debit card for which the donor listed above has the legal obligation to pay, and the contribution will not be reimbursed by another;
  • (ii) is not being made from the treasury of a national bank or an entity or person who is a federal government contractor; and
  • (iii) is not being made from a foreign entity or by an individual who is not lawfully admitted to the U.S. with permanent residence status.
    Notwithstanding KPFS’s best efforts to ensure that all contributions made on the KPFS site are in accordance with applicable federal, state, and local laws, you are accepting final responsibility for ensuring your own compliance when making a contribution.


7. Representations

If you read section 6 above, it should go without saying that you must provide us with true, accurate, and complete information when you make a contribution.


8. Liability and Indemnification

As stated above, acceptance of these terms, including the campaign finance restrictions set forth in section 6, are a necessary condition to use the Services. In consideration of your use of such Services, you are agreeing indemnify and hold KPFS, its employees, directors, officers, agents, and volunteers harmless against any and all claims, demands, actions, liabilities, damages, costs, and expenses (including attorneys’ fees, court costs, and other litigation expenses) arising from, or attributable to, your negligence, willful misconduct, or failure to adhere to these Terms. KPFS reserves the right to assume the exclusive defense and control of any matter subject to this provision of the Terms, in which case you agree that you’ll cooperate and help us in asserting any defenses. You also acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal or unlawful, as well as any reports we receive of such conduct. When requested, KPFS reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services.


9. Processing Funds

If you make a contribution, your card will be charged immediately. For security reasons, KPFS does not store your credit card information. Rather, we securely transmit your credit card information to Stripe (our payment processor).


10. Refunds

KPFS does everything we can to accommodate requests for refunds. We do our best to honor refunds requested for reasons such as input error or when a contributor accidentally donates twice or enters the wrong donation amount, but we will not consider refunds for other reasons such as a change in political opinion or the loss of an election. KPFS reserves the right to refuse a refund request for these or other reasons. All refund requests are subject to the availability of the contribution funds, and we will only refund a contribution if we still have the funds or can recover the funds from the recipient. For this reason, it is of the utmost important that you make a request for a refund as soon after contributing as possible.


11. Intellectual Property

The Ken Paxton for Senate name and all KenPaxton.com content, which may include, without limitation, information, text, data, photographs, video, images, graphics, logos, trademarks, service marks, and other contents or materials, associated technology and software, and the look and feel of the website (collectively “KPFS Content”), are the proprietary property of KPFS and owned by KPFS. These Terms grant you no right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any KPFS Content. Any rights not expressly granted to you herein are reserved by KPFS.


12. Disclaimer of Warranties

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

KPFS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KPFS SHALL CREATE ANY WARRANTY.


13. Limitations of Liability

To the fullest extent permitted by law, in no event will KPFS, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the KPFS website. In no event shall KPFS’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


14. Dispute Resolution, Governing Law and Arbitration

We at KPFS encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that KPFS and its Services are deemed a passive website that does not give rise to jurisdiction over KPFS or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Texas.
Any dispute arising out of, or relating to, these Terms shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect to be held in Travis County, Texas, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If the amount in controversy exceeds $500,000, arbitration shall be conducted under the Procedures for Large, Complex Commercial Disputes.


15. Miscellaneous

These Terms and the other material referenced in them are the entire agreement between you and KPFS with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and KPFS with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or KPFS to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get KPFS’s prior written consent. KPFS has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. KPFS will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.


16. Changes to Policy

As we continue to develop and improve the KPFS website, we may need to update the policies described above and reserve the right to do so at any time. If any changes are made, then we will list the date the policy was last updated.