Welcome to Our Community
Welcome to Our Community
1 Impact Montana Community Website Terms of Use Last Updated: June 13, 2023 The Community Website Terms of Use (“Terms of Use”) are defining the conditions under which you may access and use the Community Website and all the functionalities provided (“Service”). By accessing or using the Service or by logging into with your User ID, you agree to these Terms of Use. The User undertakes to have legal ability and means required to access and use the Service and acknowledges to have read, understood and accepted the Terms of Use, which apply in addition to the Privacy Policy. Please review these Terms of Service carefully prior to using the Service. If you do not agree with these Terms of Use, you are not authorized to use the Service. Also, if you are under the age of 18 or unable to legally provide consent, you are not authorized to use the Service. 1. Legal notice The Service is provided by Impact Montana, Inc: Impact Montana Inc, 2728 Colonial Dr, Helena MT 59604 (“Impact Montana”) 2. Definitions Community Website: the online platform named Impact Montana Community edited by Hivebrite and provided by Impact Montana, allowing User to benefit from the Service. User Account: means a dedicated online account opened by a User to access the Service. Identifiers: means User’s login and password used to create the User Account. Party or Parties: means the User and Impact Montana designated either individually or collectively. Service: means the Community Website and all the functionalities provided thereto and described in the Terms and Conditions. Service Content: any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials made available through the use of the Service. User or Users: means any person authorized by Impact Montana to access and use the Service after activating a User Account. 2 User Content: any content created, posted, or shared by the User, on or through the Service including any information, data, photos, and other content relating to the User. 3. Term The Terms of Service are effective when a User first begins to use the Service. The Terms of Service last for the duration of use of the Service. 4. Description of the Service The Service enables Users to connect with each other, build communities, or network for mutual benefit. The Service comprises a suite of online services provided by Impact Montana, allowing the User to: ● Connect with people and businesses in the Impact Montana community: o Live feed: allows Users to have access to a newsfeed aggregating contents posted via the application. They can comment on the posts. o Geolocation: allows Users to connect with other individuals and partners in their communities. o Groups: Users can be part of groups with all the features of the application. ● Communicate with others by sharing content such as status, photos, videos, sending private messages, as well as creating events, groups, or projects. o Forums: allow Users to create discussions and share information that is pertinent to Impact Montana’s mission. o Private messages: allow Users to communicate via private messages. ● Ensure the safety and integrity of the Community Website with a reporting tool allowing the Users to signal contents and other Users. ● Participate in fundraising events organized by Impact Montana; ● Share job offers or apply to job offers published in the Community Website; 3 ● Stay up to date with news about Impact Montana and activities in the Community Website: o Email campaign: the User can receive emails campaigns from Impact Montana. o Notification: Users that have agreed can receive notifications sent by Impact Montana. o Media center: Users can upload files that are stored in the Community Website. These Terms of Service govern the use of each component of the Service. 5. Access to the Service Access to the Service shall be subject to the creation of a User Account. The Service is available on the website https://community.impactmontana.org or the mobile Impact Montana Community app that can be downloaded through the Apple App Store and Google Play Store. 5.1. Requirements for the access to the Service Users are responsible for any costs associated with accessing the Service. 5.2. Creation of the User Account This shall require the entering of personal identification data through the online registration form accessible at the following address: https://community.impactmontana.org/signup. The User can create a User Account by using his/her email address. The User agrees to provide only accurate and complete information when creating or updating his/her Account information. 5.3. Access modalities To benefit from the Services, the User must log-in and with the email and password the User used to create the User Account. Identifiers are personal and confidential. Users are responsible for keeping it secret and not disclose it to any third party in any form and for any reason whatsoever. 4 The User’s login can only be changed at the request of the User or at the initiative of Impact Montana. The User’s password is modifiable by the User through the User’s Account. The User is solely and entirely responsible for the use of the User’s Identifiers and undertakes to do everything possible to keep it secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever. If the User forgets her/his password, the User can generate a new one by clicking on the link “Reset my password” available https://community.impactmontana.org/users/password/new. The User is solely responsible for the activity that occurs on its User Account and will be responsible to keep its Identifiers secure and for the use of his Identifiers by third-parties or for any actions or declarations made through his User Account, whether fraudulent or not, and guarantees Impact Montana against any request in this respect. If the User has reason to believe that a person is fraudulently using identification elements or his User Account, she or he must immediately inform Impact Montana by e-mail at the following address [email protected]. The User is solely responsible for the improper access, damage, disruption, loss or theft and adverse consequences caused by its breach of the confidentiality of the Identifiers. In case of loss, misappropriation or unauthorized use of its password, the User shall immediately notify Impact Montana. Users may not use another’s account without permission. A User Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user. 6. Cost of the Service The Service is available based on applicable membership rates. 7. Intellectual property 7.1. Company’s ownership The Service and the Service Content belong and shall remain the property of Impact Montana or its designees, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws. User may not download or copy any content for any use, whatsoever. The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof). Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorization of 5 Impact Montana. Any use of these Service Content not expressly authorized by Impact Montana shall constitute a violation of the Terms of Use and a violation of intellectual property rights. Except as specifically permitted by these Terms of Use, User may not use or register any name, logo, brand or insignia of Impact Montana Inc for any purpose except with Impact Montana’s prior written approval and in accordance with any restrictions required by Impact Montana. These are the property of Impact Montana or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such. 7.2. User’s right of use Impact Montana grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes and only as permitted by these Terms of Use. The User may only use the Community Website on devices that User owns or controls as permitted by the App Store terms of service. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of Impact Montana. In connection with the use of the Services and Service Content or User’s Content, the User is not authorized to, or cannot allow a third party to: - violate any applicable laws, rules or regulations, notably cause damage or injury to any person or property, infringes any rights of third parties including but not limited to any intellectual property rights and privacy rights or perform any other illegal, harmful or fraudulent activities; - probe, scan, or test the vulnerability of any system or network; - remove, circumvent, disable, damage or otherwise interfere with any security measures of any network, computer or communications system, software application, or network or computing device; - attempts to connect without permission and/or damage, in any way whatsoever, any users, hosts or networks; - disturb, hamper, interfere or interrupt the access to or operation of the Service and Service Content including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. 8. User’s undertakings The User represents and warrants that she or he retains ownership of all of his intellectual property rights in the User Content or that this User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or 6 transfer these elements for the purpose of using the Service, under the conditions described in the Terms and Conditions. Impact Montana does not claim ownership of the User Content. The User holds Impact Montana harmless from all claims or actions brought by third parties on the grounds of an infringement of their rights, including, without limitation, publicity rights, copyrights, trademark and/or other intellectual property rights or privacy rights in the User Content. By using the Service, the User represents and warrants that she or he has the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction. User warrants to be at least 18 years of age or older or an emancipated minor, or possess legal parental or guardian consent, and is fully competent, to use the Service and to enter into and comply with these Terms of Use. If the User is under the age of 18 years, the User must obtain verifiable consent from a parent or legal guardian. The parent or legal guardian shall be able to provide consent to her or his child’s use of the Service and agree to be bound by these Terms of Use in respect to her or his child’s use of the Service. Persons aged 13 years old or less are not authorized to access the Service. 9. 2. User’s rules of conduct User may not post content which includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, hateful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”) via the Service. User may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, the User or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. User must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. User must not attempt to restrict another User from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Service. User may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by Impact Montana (or any individual officer or employee of Impact Montana (3) use that can be confused with official communications 7 of Impact Montana or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services. User’s comments and/or other contributions to the community must remain pertinent to the conversation led by Impact Montana. 10. Reporting and moderation In order to ensure the Community Website provides the best experience possible for everyone, if a User sees any inappropriate content, she or he must use the “Report as offensive” feature found under each post. Impact Montana has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. Impact Montana has set up a reporting tool allowing any User to notify illegal, abusive and harmful content. The knowledge of such content is deemed effective when the hosting provider is notified of following: - The notification date; - The notifying User identity; - The description of the facts in contention (possibly with screen shots of the content); - As well as the reasons for which the content must be removed. If a User Content is reported, Impact Montana reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content in the conditions set forth in Article 11.2. 11. Termination, suspension, or revocation of access 11.1. Deletion of the User Account by the User At any time, the User may delete its User Account without notice through the Community Website or by contacting Impact Montana at the address or email address mentioned in Article 15. Deletion is effective immediately and all the data collected upon the subscription as well as the content published by the User on the Community Website is deleted. 11.2. Suspension or termination of the User Account by Impact Montana in case of breach of the Terms of Use Impact Montana retains the right to suspend User’s access to the Service to make all investigations. 8 11.3. Deletion of inactive User Account Impact Montana will delete inactive accounts after a continuous period of two (2) years the User has not used the Community Website. The User will be informed by email of the deletion of his or her account subject to prior notice of two (2) weeks allowing the User to object such deletion. 12. Privacy; Confidentiality By using the Service, User’s personal data, in the meaning of Data Protection Law, may be collected and processed by Impact Montana, in compliance with the Impact Montana Privacy Policy and the Cookie Policy, (collectively, “Privacy Policies”). Impact Montana will treat User Content as confidential information in accordance with these Terms of Use and Privacy Policies. 13. Limitation of Warranty and Liability; Indemnification. Impact Montana is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User's computer facilities and equipment. Impact Montana shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services. Insofar as it has not been reported in the conditions of Article 10, any document, information, data, or elements available via the Service, including User Content (“Information”) is provided without any guarantees, notably that the Information is comprehensive or accurate. The User is solely responsible for the use of the Information and bears all the risks arising from your reliance on this Information. The Information is provided on the condition that the User can determine its interest for a specific purpose before use. Under no circumstances Impact Montana accepts liability for injury arising from reliance on the said Information, its use or use of a product to which it refers. The User is solely responsible for all User Content posted and assumes all risks relating to its use by others and others’ reliance on its accuracy. The User acknowledges that, following the publication of the any content, its information will become accessible to all the Users on the Community Website and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and Impact Montana. Impact Montana will have no responsibility or liability in connection with the User Content. 9 Impact Montana expressly excludes any liability for events of any kind that may occur during any meeting organized between Users within the use of the Services. 14. Hypertext links The Community Website may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. Impact Montana does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites. If a User uses third-party sites or content from third-party servers, User does so solely at User’s own risk. Links do not imply that the Company is affiliated or associated with any linked site. 15. Contact For any questions regarding the Terms of Use, especially use of the Service or any claim, please email us at [email protected]. The User can use these contact details for any technical support request. 16. Miscellaneous Governing Law and jurisdiction. These Terms of Use, will be governed by the laws of Montana without regard to its conflicts of laws. Change of Terms of Use. These Terms of Use are subject to change from time to time. Any changes will be posted to this page. Use of this Service or any Service Content after entering into force the new version of the Terms of Use will constitute the agreement to the modified Terms of Use. If the User disagrees with such modification of the Terms of Use, the User may terminate the Service and delete its User Account under the conditions set forth in Article 11. Change of the Service. Impact Montana may further develop or modify the Service or the Service Content only to improve its quality. The User will be informed of such development/modification as soon as it is implemented. Severability; Entire Agreement. Except in the case of invalidity of an essential clause, if any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. These Terms of Use, including the Privacy Policies, set forth the entire understanding and agreement between the User and Impact Montana with respect to the subject matter hereof.
Privacy Policy Page 1 of 7 Impact Montana Inc – Privacy Policy This Privacy Policy is edited by Impact Montana Inc (“Impact Montana”), a 501c3 having its registered office at 2728 Colonial Drive, Helena, MT 59601 and registered with the Montana Secretary of State’s Office under the number D245180 (hereafter, the “Data Controller”). The Data Controller offers a platform for community connection, education, strategy, and action for addressing health and wellness needs of our Montana service members, veterans, first responders, and their families (hereafter, the “Platform”) to its users which have subscribed on the Platform and as such have a user account (hereafter, the “Users”). The Platform is available at the following url address https://community.impactmontana.org/. The Data Controller uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind. In this regard, the Data Controller collects and processes User’s personal data in accordance with the Privacy and Cookie policy. The Data Controller is particularly aware and sensitive with regards to the respect of its Users privacy and personal data protection. The Data Controller commits to ensure the compliance of the processing it carries out as data controller in accordance with the Data Protection Law. Data Protection Law is the Ex: Act n°78-17 dated January 6, 1978, on Information Technology, Data Files and Civil Liberties] and [If applicable : Ex: the EU Regulation n°2016/679 regarding data protection dated April 27, 2016 named General Data Protection Regulation or “GDPR”. The Data Controller has put in place an appropriate privacy and cookie policy to be fully transparent on how the personal data of Users are processed within the use of the Platform and services provided. This privacy policy is intended for the Users of the Platform of the Data Controller. Date of last update: June 2023. ARTICLE 1. COLLECTED PERSONAL DATA 1.1 When subscribing on the Platform When subscribing to the Platform, the User is informed that its following personal data is collected for the purpose of creating a user account: Mandatory data - First name; - Last name; Privacy Policy Page 2 of 7 - Email address; Optional data: - Service Information - Information regarding professional work and experiences - Information regarding education, degrees, and certificates - Information regarding applicable fit for User to join the Platform The User is informed that it is not possible to access the Platform without providing the mandatory data strictly necessary to create an account and authenticate the User. 1.2 During the use of the Platform The User may validly publish, at its own initiative, any content on the Platform which shall be kept by the Company: - Posts - Forums - Private Messages The User is aware that when using the Platform, the User may decide to provide « sensitive data » within the meaning of Data Protection Law, for example, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, concerning sexual orientation, etc. By providing such sensitive data, the User agrees to their processing by the Platform in the conditions set forth in this Privacy Policy. ARTICLE 2. THE PURPOSE OF THE DATA PROCESSING The Data Controller and its subcontractors process personal data that are freely transferred by the User when accessing the services proposed by the Platform for the following purpose: Purpose Legal basis Creation and management of a user account; 1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes; 2. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to Providing the User with all functionalities of the Platform, meaning: ● Sending invitations for events organized by Data Controller or other Users, if the User has accepted to Privacy Policy Page 3 of 7 receive such invitations; ● Sending information about jobs and opportunities from the Data Controller or its partners if the User has accepted to receive such offers ● Aid Users in connecting with one another and using the Platform to organize in line with the purpose, values, and agreements of the platform ● Provide educational opportunities for the User entering into a contract; 3. processing is necessary for compliance with a legal obligation to which the controller is subject; 4. processing is necessary in order to protect the vital interests of the data subject or of another natural person; 5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; 6. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Management of data subjects rights according to the Personal Data Legislation. Storage of User personal data; Management of financial transactions through the Platform Management of complaints or other issues brought to the Data Controller by Users If applicable: [Management of prospection operations: ● Sending email prospect campaigns in the Name of Impact Montana and/or its community partners ● Sending newsletters in the Name of Impact Montana and/or its community partners Making statistics in order: ● to improve the quality of the services proposed by the Platform; ● improve the usage functionalities of the Platform; Privacy Policy Page 4 of 7 Making statistics regarding the effective use of the Platform; Making statistics regarding the different levels of activity on the Platform. Enable the synchronization of the User’s LinkedIn profile; ARTICLE 3. DATA RETENTION PERIOD The Data Controller informs the User that the personal data related to the User Account is retained only during the length of the User’s subscription on the Platform. Following the termination of said subscription, the data collected upon the subscription as well as the content published by the User on the Platform shall be deleted after a period of one (1) months. ARTICLE 4. COMMITMENT OF THE DATA CONTROLLER The Data Controller commits to process User’s personal data in compliance with the Data Protection Law and undertake to, notably, respect the following principles: - Process User’s personal data lawfully, fairly, and in a transparent manner; - Only collect and process the Users’ data for the strict purpose as described under article 2 of the present privacy policy; - Ensure that the personal data processed are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; - Do the best efforts to ensure that the personal data processed are accurate and, if necessary, kept up to date and take all reasonable steps to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay; - Keep personal User’s data for no longer than is necessary for the purposes for which they are processed; - Put in place all necessary technical and organizational appropriate measures in order to ensure the security, confidentiality, integrity, availability and the resilience of the process systems and services; - Limit the access to the Users’ data to the persons duly authorized to this effect; - Guarantee to the Users their rights under the Data Protection Law in relation to the processing of their data and make the best efforts to satisfy any request, where this is possible. Privacy Policy Page 5 of 7 ARTICLE 5. EXERCISE OF THE USERS’ RIGHTS The User is duly informed that it disposes at any time, depending on the legal basis of the processing, a right to access, to rectification, to erasure, to restriction of processing, to data portability, and to object. When processing is based on User’s consent, the right to withdraw consent at any time, without affecting the lawfulness of the processing based on consent before its withdrawal. The User can exercise its rights by sending an email to the following address [email protected] provided that the User justifies his/her identity. ARTICLE 6. COOKIES The Data Controller informs the User that Hivebrite, as well as its subcontractors, uses a tracking technology on its terminal such as cookies whenever the User navigates on the Platform subject to the conditions described in the Data Controller Cookie Policy as described in the Hivebrite article: https://support.hivebrite.com/hc/en-us/articles/360008364659- Customize-your-cookie-agreement. ARTICLE 7. RECIPIENT AND PERSONS AUTHORIZED TO ACCESS THE USERS’ DATA Only authorized persons working for the Data Controller and, in some cases, its subsidiaries, can access your personal data. The Data Controller makes its best effort to ensure that these groups of people remain as small as possible and maintain the confidentiality and security of User’s personal data. The Data Controller also uses trusted service providers to carry out a set of operations on his behalf for hosting and payment services. The Data Controller can also use service providers in the tech industry, editors of specific tools integrated in the Platform for technical purposes. The Data Controller only provides service providers with the information they need to perform the service and ask them not to use your personal data for any other purpose. The Data Controller does his best to ensure that all these trusted service providers only process the personal data on our documented instructions and provide sufficient guarantees, in particular in terms of confidentiality, expert knowledge, reliability and resources, to implement technical and organizational measures which will meet the requirements of the applicable legislation, including for the security of processing. The Data Controller may be required to disclose or share your personal data to comply with a legal obligation, or to enforce or apply our terms of use/sale or any other conditions you have accepted; or to protect the rights, safety or property of Impact Montana, its customers or employees. Privacy Policy Page 6 of 7 List of the main service providers: Service Provider Service You can consult the privacy policy by clicking on the following link: KIT UNITED 44 rue la fayette 75009 Paris France HIVEBRITE solution https://hivebrite.com/privacy -policy Stripe 510 Townsend Street San Francisco CA 94103, Payment Service https://stripe.com/fr/privacy Paypal 21 rue Banque 75002 Paris, France Payment Service https://www.paypal.com/us/ webapps/mpp/ua/privacyfull Google Cloud Platform Gordon House, 4 Barrow St Dublin, Ireland Hosting of all data and content produced and provided by the User, as well as images, profile pictures, and backups https://cloud.google.com/se curity/privacy/ Amazon AWS 38 Ave John F. Kennedy L-1855, Luxembourg https://aws.amazon.com/co mpliance/gdpr-center/ Sentry 132 Hawthorne St San Francisco, CA 94107 Production and storage of error logs enabling our developers to correct the code https://sentry.io/privacy/ Sendgrid 375 Beale St, STE 300 Sending of emails from the Platform https://api.sendgrid.com/priv acy.html Privacy Policy Page 7 of 7 San Francisco, CA 94105 Hivebrite, Inc 16 Nassau St New York, NY 10038 Customer support for the Platform https://hivebrite.com/privacy -policy