VIRGINIA COMMERCE GROUP SELF-INSRUANCE ASSOCIATION

WEBSITE TERMS OF USE AND PRIVACY POLICY

The following Website Terms of Use and Privacy Policy (“Policy”) governs visitors’ (“You”) access to and use of the Virginia Commerce Group Self-Insurance Association (“VCGSIA”) website (“Site”).  Please read this Policy carefully before accessing the Site.

This Site is owned by VCGSIA and operated by VCGSIA, Landin, Inc. (“Landin”) and their respective subsidiaries and affiliates (collectively, “We” or “Us”).  This Policy is intended to advise You with respect to content on the Site, as well as help You understand what information We collect through the Site and how We collect it, use it, share it, and protect it.  By accessing the Site, You agree to comply with and be bound by this Policy and the terms and conditions provided herein.  IF YOU DO NOT AGREE TO THIS POLICY, YOU ARE NOT AUTHORIZED TO USE THIS SITE OR THE CONTENT FOUND ON THIS SITE.

We may revise this Policy at any time.  Any revisions will be effective upon posting the revised Policy on the Site.  Please access this Policy, each time You visit the Site, to inform yourself of any revisions, as your continued use of the Site will constitute your acceptance of the Policy as revised.  Last Update: November 3, 2016.

Security

We will undertake reasonable steps to protect all information, including Personal Information, from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction, or loss.  However, as no security measures are perfect or impenetrable, We cannot guarantee the security of information You transmit to Us through the Site.

Collection and Use of Information

Personal information

We may collect personally identifiable information from You, such as your name, address, telephone number, email address, and any other information We may receive from You (collectively, all such personally identifiable information “Personal Information”) when You contact Us with questions through the Site.  We may retain and use your Personal Information to communicate with You and to provide services to You.  In some cases, if You decline to share such information with Us, We may not be able to respond to You or provide You with certain services.

Other than as provided herein, We will not use your Personal Information collected through the Site, or disclose or share your Personal Information collected on the Site with any third parties, without your consent.  This Policy does not apply to information collected or provided to Us other than through the Site.  If at any time You decide that You do not want Us to continue using or collecting your Personal Information for any purposes, You may contact Us via the “Contact” > “At Your Service” link on our website and request that We delete your Personal Information from our records.

Non-Personally Identifiable Information

Non-personally identifiable information (or “non-Personal Information”) includes any information from which a person’s identity is not readily ascertainable, and may include your internet protocol (or “IP”) address, browser, operating system, any URLs of pages or content that You may access while visiting the Site, and the date and time of such access.

When You browse the Site and access pages or content on the Site, We may collect, use, and store non-Personal Information in order to understand how our visitors use the Site, and to improve the Site for future visitors.

We may also collect and store, as non-Personal Information, information that We aggregate, and do not link to particular visitors or customers.  For instance, We may collect and store in aggregated form all of the area codes submitted by visitors who contact Us through the Site.  We may use this type of information for our own internal business purposes, such as to learn about our visitors and the third-party administrator market, and to improve our marketing efforts.

Cookies and Tracking Technologies

We may collect information through the Site by way of cookies or tracking technologies.  Cookies and tracking technologies are script files that facilitate the collection of non-Personal Information, such as the number of visitors to the Site, and how each visitor arrived at the Site.

You may be able to reject or block our use of cookies or tracking technologies on the Site by adjusting your browser settings.  Please be advised, however, that if You do so, We may not be able to deliver certain information or services to You.

Google Analytics

Google Analytics is a web analysis service provided by Google that utilizes cookies to monitor web-traffic on the Site.  We use Google Analytics to collect, track and examine data about the Site’s usage.  We may run reports based on the data we collect and we may share the data with other Google services.  Google may use the data to personalize and customize the advertisements that are served to you from its advertising network.

Disclosure and Retention of Your Information

We may disclose information collected through the Site, including Personal Information: (a) if in good faith We believe that disclosure is necessary to comply with local, state, or federal laws, or to respond to a court order, judicial or other governmental subpoena, or warrant; or (b) in the event of bankruptcy proceedings.

We may retain your questions and feedback in order to improve the Site.  Do not send Us any information, ideas, suggestions, proposals, or comments that You consider confidential and/or that You wish to be treated as confidential.

Third Party Websites and Content

The Site may contain links to third party websites and other content.  This Policy applies only to the Site and its content, and our collection and use of information provided through the Site.  The linked websites and content of third parties, and third parties’ collection and use of your information, are governed by the terms of use and privacy policies of such third parties and their websites.  We encourage You to learn about the privacy practices of those third parties.

We do not endorse, are not responsible for, and make no warranty or representation as to the quality or accuracy of third party content, or in the quality or accuracy of information, goods, or services provided on or offered in connection with third party websites.

Intellectual Property

We own all right, title and interest in and to the Site and its proprietary content, including all intellectual property rights therein.  We own all intellectual and proprietary rights in data and information that We aggregate.  All rights not expressly granted to You herein are expressly reserved to Us and/or third parties.

Modification or use of proprietary content for any purpose other than as expressly permitted herein or on the Site is strictly prohibited.  No right, title, or interest in any such content is transferred to You as a result of accessing it through the Site.  Unless otherwise specified, You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, or transfer or sell any proprietary content obtained from the Site, without written permission from Landin.  The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” and “data mining.”

All trademarks, service marks, and logos (“Trademarks”) displayed on the Site, with or without attribution, are registered and/or unregistered trademarks of VCGSIA, Landin or third parties.  Nothing in or on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without our express written permission or the written permission of the applicable third party.

Disclaimer of Warranties

Please be advised that there are security, access availability, and other risks associated with using open networks such as the Internet.  By accessing and using the Site, You expressly assume such risks.  While We intend that content in or on the Site is accurate and reliable, errors and inaccuracies may occur.  In addition, We may make changes, modifications, additions, deletions and improvements to the content provided herein at any time.  Accordingly, We cannot and do not warrant:

• the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of content on the Site;
• freedom from human and machine errors, omissions, delays, interruptions or losses, including loss of data;
• that the Site and its content is free of infection by viruses, worms, or other code that may harm your computer or system;
• that access to the Site will be uninterrupted or error-free; or
• that defects or inaccuracies will be corrected by a time certain.

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS AND USE OF THE SITE AND ITS CONTENT.

Under no circumstances shall We or our officers, directors, agents, employees, sponsors, or partners be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort or otherwise, arising out of or relating in any way to your access or use of the Site or its content, even if We have been advised of the possibility of such damages.  Your sole remedy for dissatisfaction with the Site or its content is to stop using the Site and the content.

Indemnification

You will indemnify, defend and hold Us harmless against any claims brought by third parties, including but not limited to, in connection with your negligence or willful misconduct; your breach of these terms; your violation of any federal, state or local laws, rules or regulations including those governing privacy, security or data protection; or your use of the Site infringing any intellectual property or proprietary rights.

Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, We do not knowingly collect or maintain information from persons under 13 years of age, and no part of our Site is structured to attract anyone under 13.  If You are under 13 years of age, do not use or access the Site at any time or in any manner.  If We learn that Personal Information of persons under 13 years of age has been collected on the Site without verified parental consent, We will take the appropriate steps to delete this information.

International Users

The Site is hosted in the United States and is intended for and directed to users in the U.S.  If You are a consumer accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, please be advised that, through your continued use of the Site, which is governed by U.S. law and these terms, You are transferring Personal Information and other information to the U.S., and You consent to such transfer.

Contact Information

If You have any questions regarding Personal Information, how Personal Information is treated under these Terms or the implementation of the principles of these Terms, We encourage You to contact Us through “Contact” > “At Your Service” link on our website.

YOUR CALIFORNIA PRIVACY RIGHTS (FOR CALIFORNIA RESIDENTS ONLY)

Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers’ Personal Information with third parties. These businesses are required to accept requests for disclosures of these policies from customers but are only required to honor one request per calendar year. Businesses have thirty (30) days to respond to each inquiry to the designated address. Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of any third party businesses. In limited circumstances, customers’ failure to submit requests in the manner specified will not require a response from the business.

If You are a California resident, You may request such information from Us by sending a letter to the address on the “Contact” > “At Your Service” link on our website.  In your letter, please provide your name, address, and email address, as well as a request that We provide such information to you, by using the following or similar verbiage, “I request that Virginia Commerce Group Self-Insurance Association provide its third party information sharing disclosures required by section 1798.83 of the California Civil Code.”

You may also contact Us via email using the email address located on the “Contact” > “At Your Service” link on our website.