Uniformed Sanitationmen’s Association, Local 831 Website Policies

Introduction

The Uniformed Sanitationmen’s Association, Local 831 respects and is committed to protecting your privacy (“we” or “us” or “Local 831”).  That is why we have adopted this Privacy Policy to let you know how your personal information is processed and used in connection with this website.  The following policies are only in effect for this website, operated by Local 831.

Please read this policy carefully to understand our policies and practices regarding the collection, use, and sharing of your information. If you do not agree with our policies and practices, do not use this website. By using the website, you agree to this privacy policy. This policy may change from time to time. Your continued use of the website after we make changes is deemed to be your acceptance of those changes, so please check the policy periodically for updates. We will seek your consent in connection with updates to this policy where required.

Collection of Information

We are committed to respecting the privacy and security of your personal information. The type and amount of information received depends on how you use the website. We collect the following types of personal information through this website: (1) information about your interaction with our website and (2) information that you voluntarily choose to disclose to us, including through registering, filling out a profile form, joining an email list or signing up for text messages. Local 831 members are required to register, for validation purposes, to view or use specific member-only features of the website.

Browsing Information

The information we collect when you browse our website includes information about the Internet Protocol (“IP”) address or other identifier assigned to your device, browser type, operating system type, Internet Service Provider, platform type, regional information, the date and time of your visit, the time spent utilizing the Services or certain usage of certain features of the same. We may use various analytics tools to allow us to better understand how individuals are using the website. These tools may record information such as how often individuals visit the website, when aspects of the website are used most often and what forms might be accessed.

We may collect this information through cookies and similar technologies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our website may not function as intended.

Information You Affirmatively Disclose

We also collect personal information that you voluntarily choose to disclose to us through the website, including through registering, filling out a profile form, joining an email list or signing up for text messages. This includes name, postal address, email address, telephone number, date of birth, employee identification number, or other types of contact information.

Use and Disclosure of Personal Information

We use the personal information we collect to respond to your inquiries, fulfill your requests, provide assistance, send you information, and otherwise enhance the membership experience. We may also use the information we collect from and about you for Local 831’s business and administration purposes, such as data analysis, audits, improving our member services, and enhancing our website.

The “Member-Only” sections of the website, contain significant information and opportunities exclusive to active and retired Local 831 members. In order to verify your membership status, we must compare the data that you provide against Local 831, Local 831 affiliated benefit fund and New York City Department of Sanitation records. In addition to creating a profile, a member wishing to access certain features of the website must fill out the required fields on the member-registration page. The information gathered on this page is used only to verify your membership and ensures that your web account grants you access to member-only features. We will not share the personal information we collect from you through the website with third parties, except as described in this policy, required by law, or to protect our legal interests.

For example, we may share information as follows:

• with vendors, consultants and other service providers who help us administer this website and membership benefits;
• with our affiliates, including affiliated benefit funds;
• when you give us your consent to do so;
• in an aggregated, anonymized, or deidentified form;
• to comply with our legal obligations, as solely determined by Local 831, including responding to lawful subpoenas, warrants, or court orders;
• to protect our rights, property, or safety of the rights, property or safety of our users, our members, our affiliates, our employees, copyright owners, third parties or the public, including without limitation to protect us, our members, our affiliates or our users from fraudulent, abusive, inappropriate or unlawful use of the Services; and
• to enforce or apply this policy or our other policies or agreements.

We do not sell personal information collected through this website.

Third Party Websites

We may post links to third-party websites that are not owned or operated by us. Please be aware that we are not responsible or liable for any content, advertising, products, or other materials from such third-party websites or for any privacy or other practices of the third parties operating those websites. Your usage and browsing on any such website or application are subject to that website’s or application’s own privacy policy. Please review the privacy policies posted on other website or applications that you may access through our website.

Territory

Local 831’s services are provided in the United States. If you are located outside the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Services, you irrevocably consent to this transfer. Your information and data may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, including the United States, which may have different data protection rules than in your jurisdiction.

Security

Unfortunately, data transmission over the Internet cannot be guaranteed to be secure nor is any security system completely secure. Although we do our best to protect your personal information, we do not guarantee the security of any information you transmit to us via the website or provide online. It is possible that other users or “hackers” may improperly gain access to personal information about you. By using the Services, you assume the risk of such occurrences. We request that you do not electronically send, and we will not be liable for, your sensitive or confidential information. Any transmission of personal information is at your own risk. We have implemented commercially reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. We are not responsible for circumvention of any privacy settings or security measures contained on the website. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a user name and/or password to access the website, you are responsible for keeping this user name and/or password confidential. We ask you not to share your user name and/or password with anyone.

Children Under 13

The Services are not directed at children 13 years of age or younger. We therefore do not intentionally collect information about any user under the age of 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

Contacting Us

If you have questions or concerns about the information that we collect, you may contact us at contact@balistrerigroup.com or by calling 212.964.8900.

TERMS OF USE

Acceptance of the Terms of Use

These terms of use are entered into by and between You and the Uniformed Sanitationmen’s Association, Local 831 (“we,” “us,” and the “union”). The following terms and conditions (“Terms of Use”), govern your access to and use of the website usalocal831.com including any content, functionality and services offered on the website, whether as a guest or a registered user.

Please read the Terms of Use carefully before using the page. By using the website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Local 831 or have parental or legal guardian consent to do so and are fully able and competent to enter into and comply with these Terms of Use.

THIS AGREEMENT PROVIDES THAT ANY AND ALL DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OUR SER-VICES WILL BE RESOLVED FINALLY AND EXCUSIVELY ON AN INDIVIDUAL BASIS (NOT ON A CLASS BASIS) AND BY BINDING ARBITRATION.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.

To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on the website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Local 831, its licensors or other providers of such material and are protected by United States and international copyright, trademark and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except that you may print or download a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Access or use for any commercial purposes any part of the website or any services or materials available through the website.
• If you wish to make any use of material on the website other than that set out in this section, please address your request to: contact@balistrerigroup.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will cease immediately and you must, at our sole option, return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by Local 831. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright and other laws.

Trademarks

The union logo and all related names, logos, and service names, designs and slogans are trademarks of Local 831. You are not permitted to use such marks without the prior written permission of the union, provided that union employees do not need permission to use the union logo and name before discussing or acting together to address issues of workplace concern. All other names, logos, and service names, designs and slogans on the website are the trademarks of their respective owners.

Changes to the Website

We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The Union is based in the state of New York in the United States. We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by such viruses or other forms of cyber-attack like distributed denial of services attacks and the like.

The website is provided on an “as is” and “as available” basis.  Neither Local 831 nor any person associated with Local 831 makes any warranty or representation with respect to completeness, security, reliability, quality, accuracy or availability.

Dispute Resolution

Both you and we hereby irrevocably consent to the mandatory and exclusive personal jurisdiction and venue of the state and federal courts located in New York, New York with venue proper only in New York, New York. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or to prevent irreparable harm, any claim or controversy arising out of or relating in any way to your use of this website settled by binding arbitration in New York, New York or via virtual arbitration if mutually agreed by the parties and circum-stances permit. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of New York, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. The prevailing party shall be entitled to receive from the other party all attorneys’ fees and costs incurred. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in State of New York. The AAA Commercial Arbitration Rules can be found at www.adr.org/Rules..

BOTH YOU AND WE AGREE THAT ANY AND ALL CLAIMS OR DISPUTES, OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY RELATED TO OR CONCERNING USE THIS WEBSITE WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Waiver, Survival and Severability

No waiver by Local 831 of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Local 831 to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Each provision in these Terms of Use regarding representations and warranties, dispute resolution, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be interpreted in such a manner as to preserve its validity, legality or enforceability, while maintaining the least change in scope and any changes limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.