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Effective Date: November 2, 2017
These Terms govern your access to and use of this website (the "Website"), including any and all (1) functions, features, applications, portals, and services of any kind provided on or accessible through the Website (collectively, "Functions"), and (2) information, data, content, documents, products, reports, summaries, forms, evaluations, plans, text, graphics, images, links, audio, video, scripts, code, software, works of authorship, and other materials or works provided on or through the Website or Functions (collectively, "Content," and together with the Website and Functions, the "Services").
All Services are copyrighted works and are the sole and exclusive property of the WCIRB or its licensors and are protected to the fullest extent permitted by law, except as otherwise stated in these Terms or in a specific disclaimer found on the Services. The WCIRB does not claim any copyright in works of the United States government or any political subdivision thereof, nor does it claim copyright in ideas or works consisting entirely of information containing no original authorship or any other items not protectable under copyright law. As between you and the WCIRB, you will remain the owner or any original content or materials which are part of any Submissions (defined below) that you provide through the Services.
Except as specifically provided in these Terms or in a specific disclaimer found on the Services, all Content is copyrighted © 2001 to date, Workers' Compensation Insurance Rating Bureau of California or its licensors. All rights reserved.
The Services are made available to you subject at all times to these Terms. You acknowledge that you have no legal right, title or interest in or to any of the Services, subject only to the limited rights granted in Section 3 (Permitted Uses) below.
You shall not leave your computer or device unattended or otherwise available for access or use by others after you have logged into the Secure Services. You must enter your Password at all times in such a manner that the Password is not revealed to any person observing the entry process. You also must secure your Password in a safe place and otherwise not share it with or disclose it to others. Passwords may not be stored in human-readable form in batch, text, or other easily read file format, shared with any other person, nor hard-coded into any software program. Passwords further may not be stored in automatic login scripts, programmed into function keys, nor stored in a computer without access controls or in other locations where they may be accessed by unauthorized persons.
You must immediately notify the WCIRB Customer Service in writing upon becoming aware of any actual or suspected compromise or mishandling of any Password. The current email address for the WCIRB Customer Service is [email protected].
By using the User ID and Password to access and use the Secure Services, you represent, warrant, agree and acknowledge that: (A) you are authorized by the Company to access and use the Secure Services; and (B) you will not exceed or attempt to exceed the clearances granted to you by the applicable System Administrator. UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ATTEMPT TO HACK INTO THE SECURE SERVICES OR TO UNDERMINE ITS SECURITY, IS A VIOLATION OF THESE TERMS AND MAY SUBJECT YOU TO LEGAL ACTION BY THE WCIRB AND CRIMINAL PROSECUTION BY LAW ENFORCEMENT AUTHORITIES.
The foregoing provisions and your obligations hereunder shall survive and not terminate in the event of the termination of the Agreement or these Terms or any of your rights (including but not limited to any rights of the Company) and such provisions shall continue in full force and effect.
Public Services. Subject to the limitations and restrictions set forth in these Terms, the WCIRB hereby grants you the limited and revocable nonexclusive right to:
1. Access and use publically-available Features and Content and any other Features and Content that are not Password-protected (collectively, "Public Services") and display such Content on your personal computer or wireless device; and
2. Copy, download and print Content available through the Public Services, in every case solely for your own internal use, provided that (a) all copyright, trademark and other proprietary notices must be retained, displayed, copied, downloaded or printed as part of the Content and must not be removed or obscured; and (b) you must not engage in any Prohibited Conduct at any time.
1. Access and use the Services (including the Secure Services) and display, view, download, copy, print and distribute within the Company any of the Content on or from the Services solely for the internal use of Company in its business of transacting workers' compensation insurance in California and not for use in marketing or for promotional purposes or any similar purposes ("Business Use"); and
2. Prepare limited excerpts or summaries of the Content on or from the Services and copy, print and internally distribute such excerpts or summaries within the Company (a) solely for its Business Use, or (b) for submission to appropriate governmental or regulatory agencies in accordance with the requirements of such agencies, or (c) as evidence in the event of any litigation or other legal proceeding or arbitration between the parties concerning the subject matter of these Terms, provided that reasonable protections are instituted to the extent possible to protect the confidentiality of such Content.
The use of the Services for any purpose not expressly permitted by these Terms is prohibited. These limited and revocable rights terminate automatically, without notice to you, if you breach any of these Terms.
Without limiting your other obligations under these Terms and in addition to them, all access to and use of the Services shall be subject to your obligation to not, and you hereby agree that you shall not, do any of the following either directly or through intermediaries, in each case whether in whole or in part or in any manner; and you further agree not to cause or permit or authorize any other person or entity to do any one or more of the following at any time (collectively "Prohibited Conduct"):
If your access to the Services is limited to the Public Services:
1. Alter or modify any part of the Services or engage in any other act which undermines the integrity or functionality of the Services or restricts, interferes with or inhibit the access to or use of the Services by other users;
2. Transmit any content or software or other computer code (whether through upload, post, email or otherwise) which contains a virus, Trojan horse, worm or other harmful component designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or software;
3. Circumvent or disable any security or data protection measures implemented by or for the WCIRB;
4. Modify, falsify or delete any attributions, legends, marks notices, or any other proprietary designation of the origin or source of any material (including but not limited to any WCIRB Content) on the Services;
5. Engage in any systematic or automated retrieval of data or other Content from the Services or otherwise, or directly or indirectly operate or offer or sell or otherwise perform or distribute any product or information or services or assistance to any other person based on the use of any of the Content or any portion or excerpt or summary thereof, including but not limited to as any part of a service provider or similar service; or shall assist or support any person in doing any of the foregoing.
6. Copy, post, publish, transmit, reproduce, disclose, modify, create derivative works of, distribute or in any manner otherwise exploit any of the WCIRB Content (other than as may be expressly permitted in and subject to Section 3 (Permitted Uses) of these Terms);
7. Transmit information, content, software, components or other material onto the Services which (a) infringes or misappropriates the intellectual property rights or other legal rights of any third party or (b) constitutes unlawful, obscene, harassing or offensive content or activity;
8. Decompile, reverse engineer, disassemble or otherwise derive or attempt to derive the source code of any of the Services;
9. Frame or link to any of the Services without the prior written consent of the WCIRB, which may be withheld in its sole and absolute discretion;
10. Offer or sell or otherwise distribute services to other persons or entities based on the use of any of the Services, including without limitation as any part of a service provider or service bureau or similar service; and/or
11. Violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code or ordinance.
1. Provide any Services, or any portion thereof or any access thereto, in any form or media or manner to any third party, whether directly or indirectly, without the prior written approval of the WCIRB.
2. Permit or enable others to access or use any of the Services using your User ID or Password.
3. Engage in any systematic or automated retrieval of data or other Content from the Services or otherwise, or directly or indirectly operate or offer or sell or otherwise perform or distribute any product or information or services or assistance to any other person based on the use of any of the Content or any portion or excerpt or summary thereof, including but not limited to as any part of a service provider or similar service; or shall assist or support any person in doing any of the foregoing.
4. Alter or modify any part of the Services or engage in any other act which undermines the integrity or functionality of the Services or restricts, interferes with or inhibits the access to or use of the Services by other users;
5. Transmit or upload to the Services or any network or system or computer hosting or distributing the Services any content or software or other computer code (whether through upload, post, email or otherwise) which contains a virus, Trojan horse, worm or other harmful component designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or software;
6. Circumvent or disable any security or data protection measures implemented by or for the WCIRB;
7. Modify, falsify or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including but not limited to any Content) on the Services;
8. Copy, post, publish, transmit, reproduce, disclose, modify, create derivative works of, distribute or in any manner otherwise exploit any of the Content other than as may be expressly permitted in and subject to the terms and conditions of the Agreement;
9. Upload or submit or transmit data, information, content, software, components or other material onto the Services which (a) infringes or misappropriates the intellectual property rights or other legal rights of any third party, (b) constitutes unlawful, obscene, harassing or offensive content or activity or (c) breaches or violates any privacy or confidentiality or other legal obligations;
10. Decompile, reverse engineer, disassemble or otherwise derive or attempt to derive the source code of any part of the Services;
11. Frame or link to any of the Services without the prior written consent of the WCIRB, which may be withheld in its sole and absolute discretion;
12. Any act or omission that materially breaches or would materially breach any of these Terms; or
13. Violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code or ordinance.
The applicable foregoing provisions and your obligations hereunder shall survive and not terminate in the event of the termination of these Terms (or the Agreement, where applicable) or any of your rights and such provision shall continue in full force and effect.
Content provided on or by or through the Secure Services (including but not limited to Content submitted or uploaded by others) is confidential and proprietary to the WCIRB. You hereby agree to keep such Confidential Information secure and in strict confidence, but in all events using at least the same care and diligence that the Company uses with respect to its own confidential information, and you shall not use any of the Confidential Information other than as expressly authorized by these Terms. Except as otherwise expressly authorized by these Terms and without limiting the other restrictions and obligations under these Terms, you shall not directly or through any person disclose, disseminate, distribute, publish or transmit any of such Confidential Information to any third party, without the prior written approval of the WCIRB and (if applicable) the owner of such Confidential Information.
The foregoing provisions and your obligations hereunder shall survive and not terminate in the event of the termination of these Terms (or the Agreement, where applicable) or any of your rights (including but not limited to any rights of the Company) and such provision shall continue in full force and effect.
THE WCIRB HEREBY RESERVES AND SHALL HAVE THE UNILATERAL RIGHT TO CHANGE, AMEND, MODIFY, ADD TO, ALTER, UPDATE OR REMOVE (COLLECTIVELY "MODIFY OR UPDATE") ANY PART OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PART OF THE WEBSITE OR THE CONTENT IN ITS SOLE DISCRETION, AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE.
In the event that you post or upload or otherwise submit or cause the submission of any information or data or other content or materials of any kind to or onto or by means of the Services (collectively "Submissions"), you hereby grant to the WCIRB and its affiliates, successors, assigns and transferees an irrevocable, perpetual, worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, transferable, fully paid and royalty-free right and license to use, copy, reproduce, distribute (through multiple tiers), disclose, create derivative works of, display, perform, make, have made, sell, offer for sale, import, practice, compile or combine with other data or information, modify, alter, edit, excerpt, summarize and/or otherwise exploit in any manner (collectively "Use") such Submissions in any digital or other media now known or hereafter developed without compensation to you or the Company or other person or entity, with such grant being made continuously as of each such Submission. None of the Submissions will be subject to any obligation, whether of attribution or otherwise, on the part of the WCIRB or any other third person, and you hereby irrevocably waive and release the same to the fullest extent not prohibited by applicable law, and neither the WCIRB or the other licensees shall be liable for any Use of any Submissions in whole or in part. Notwithstanding any provision of these Terms to the contrary, the WCIRB shall use data, information, submissions, or other materials of whatever kind, submitted to or collected by the WCIRB under these Terms, solely for purposes authorized by the California Insurance Code, California Code of Regulations or the WCIRB's Constitution or Bylaws, as any of those authorities may be amended from time to time.
None of these Terms or your rights or obligations under these Terms may be assigned or transferred or delegated or sublicensed by you, whether voluntarily or involuntarily or by merger or operation of law or otherwise (collectively "transfer"), to any third party at any time. Any purported transfer shall be null and void and shall be deemed a material breach of these Terms. The WCIRB may transfer these Terms or any or all of its rights and obligations hereunder to any person or entity at any time without the consent of or notice to you.
The Services may periodically provide or distribute news items of general interest to users of the Services and provide news alerts and other information at your request or the request of others. Publishers of news items or alerts or other information do not generally obtain releases from the subjects, individuals, groups, or entities that are shown in their photographs or graphics or quoted in their texts. No clearance is obtained from the owners of trademarks or copyrighted materials whose marks or materials are included in news items. Therefore, you will be solely responsible for obtaining any and all necessary releases if you copy or distribute or publish or otherwise use news items or alerts or other information that you find on this Website. NEITHER THE WCIRB NOR ANY OTHER PUBLISHER OR NEWS SERVICE WILL BE LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN ANY NEWS MATERIAL OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF OR FOR ANY LIABILITIES OR DAMAGES ARISING FROM ANY OF THE FOREGOING, ALL OF WHICH ARE HEREBY DISCLAIMED.
The WCIRB relies on data and other information provided by numerous third parties in connection with the Content and has no review process to verify or confirm the accuracy or completeness of such data and information. NEITHER THE WCIRB NOR ANY THIRD-PARTY PROVIDER OF DATA OR OTHER INFORMATION WARRANTS OR GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT, AND ALL SUCH WARRANTS AND GUARANTEES ARE HEREBY DISCLAIMED.
There may be links established between the Services and other websites on the Internet (including but not limited to websites maintained by government agencies, educational institutions and other entities) which are not controlled or maintained or monitored by the WCIRB. These links are offered as a convenience and for informational purposes only, and not as referrals or endorsements by the WCIRB. The linked websites are maintained by their respective organizations, and those organizations are solely responsible for the content and operation of their own websites. The content, accuracy, completeness, opinions expressed, and other links provided by other websites therefore are neither verified nor endorsed by the WCIRB, and the WCIRB shall have no responsibility for the same.
In addition, the Services may contain links to other restricted websites or information which require an additional subscription or other permission in order to access and use such websites or information, and the users of the Services may not access or use such websites or information without a separate subscription or other permission.
The foregoing provisions shall survive and not terminate in the event of the termination of the Agreement (if applicable) or these Terms or any of your rights and such provisions shall continue in full force and effect.
NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:
THE FOREGOING PROVISIONS AND YOUR OBLIGATIONS HEREUNDER SHALL SURVIVE AND NOT TERMINATE IN THE EVENT OF THE TERMINATION THESE TERMS (OR THE AGREEMENT, WHERE APPLICABLE) OR ANY OF YOUR RIGHTS (INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF THE COMPANY) AND SUCH PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:
THE FOREGOING PROVISIONS SHALL SURVIVE AND NOT TERMINATE IN THE EVENT OF THE TERMINATION OF THESE TERMS (OR THE AGREEMENT, WHERE APPLICABLE) OR ANY OF YOUR RIGHTS (INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF THE COMPANY) AND SUCH PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS OR ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OF ANY KIND, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:
THE FOREGOING PROVISIONS SHALL SURVIVE AND NOT TERMINATE IN THE EVENT OF THE TERMINATION OF THESE TERMS (OR THE AGREEMENT, WHERE APPLICABLE) OR ANY OF YOUR RIGHTS (INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF THE COMPANY) AND SUCH PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
Workers' Compensation Insurance Rating Bureau of California, WCIRB, WCIRB California, WCIRB Connect, WCIRB Inquiry, WCIRB CompEssentials, X-Mod Direct, eSCAD and the WCIRB logo are trademarks and trade names and service marks and logos belonging to the WCIRB. Other non-WCIRB marks used in or on the Services belong to third-party trademark owners. Except as permitted by applicable laws or as otherwise expressly provided in these Terms, you are prohibited from using any of the trademarks and trade names or service marks or logos appearing in or on the Services without express written consent from the WCIRB or from the respective trademark owners, which may be withheld in their sole discretion.
If you believe that any copyright infringement exists on the Services or any website with a hyperlink to the Services, please use the following process to notify the WCIRB. All claims of copyright infringement should be in writing and should be directed to our designated agent below:
Workers' Compensation Insurance Rating Bureau of California
Attn: Senior Vice President, Chief Legal Officer
1221 Broadway, Suite 900
Oakland, CA 94612
Please include the following information:
Your access to and use of the Services are subject to the permission of the WCIRB and the WCIRB reserves the right to suspend or terminate your access to the Services in whole or in part at any time without notice and with or without cause. Without limiting the foregoing, any conduct by you that violates any of these Terms may result in (i) the suspension or termination of your access to and use of the Services, and, where applicable, (ii) notification to the Company, the System Administrator, the California Department of Insurance and/or other appropriate governmental entities, at the sole and absolute discretion of the WCIRB and with or without notice, in addition to any other remedies set forth herein or under applicable law.
If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction or a final arbitration award to be invalid, void or otherwise unenforceable, the remainder of these Terms and such provision as applied to other persons, places and circumstances shall remain in full force and effect.
No waiver of these Terms is effective unless in writing and signed by the party against whom the waiver is being asserted. The waiver of any breach of these Terms shall not constitute a waiver or any other or subsequent breach.
Except any Rights Claims (which shall be subject to litigation), any dispute arising from or relating to or in connection with these Terms or the subject matter thereof shall be subject to binding arbitration by a single arbitrator, in accordance with the current prevailing commercial dispute rules of American Arbitration Association (www.adr.org/) as modified and supplemented by procedures of this Section. The arbitrator shall have the authority to grant injunctive relief and specific performance to enforce these Terms. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding any contrary provisions, any arbitration shall be conducted and resolved solely on an individual basis and not a class-wide, multiple plaintiff, or similar basis. No party or other person shall have any right or authority to arbitrate any matters or claims on a class action basis, and no arbitration shall be consolidated with any other arbitration proceeding involving any other person.
These Terms and all matters arising out of or relating to or in connection with these Terms shall be governed by the laws of the State of California, United States of America, without reference to conflicts of law principles. Subject to the foregoing Section 20 (Arbitration), any and all suits and other proceedings under these Terms (including but not limited to any suit or proceeding in the case of any and all Rights Claims) must be brought in the superior or federal courts in the State of California in the County of San Francisco or Alameda, and each of the parties acknowledges and agrees that such courts shall have exclusive jurisdiction and venue over all disputes arising out of or relating to or in connection with these Terms. The WCIRB also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located.
You acknowledge that your material breach of these Terms could cause irreparable harm to the WCIRB for which monetary damages may be inadequate. The WCIRB may bring an action in any court of competent jurisdiction wherever located for injunctive or equitable relief relating to any of its intellectual property rights or confidential information or any other material breach of these Terms by you, without the necessity of posting bond or any other security.
If any legal action or proceeding or arbitration, including but not limited to an action for arbitration or injunctive relief, is brought relating to or in connection with these Terms or the subject matter hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including but not limited to all court costs, arbitration fees and actual attorneys' fees paid or incurred in good faith.
Headings used in these Terms are for reference purposes only and shall not be deemed a part of these Terms. When the context requires, the plural shall include the singular and the singular the plural, and any gender shall include any other gender. No provision of these Terms shall be construed against a party because the party or its representative was the drafter thereof.
You represent and warrant that you have the right, power and authority to enter into these Terms and to perform and discharge all of your obligations under these Terms.
Effective Date: November 2, 2017
The Workers' Compensation Insurance Rating Bureau of California ("WCIRB," "we," "us," or "our") is committed to respecting your privacy. This privacy notice describes how we and some of the companies we work with collect, use, share, and protect information in connection with our websites, portals, mobile apps, and other online applications (collectively, the "Website"), and your choices and rights regarding the collection and use of your information.
This privacy notice applies to any WCIRB Website that displays or links to this privacy notice and to all members, agents, brokers, policyholders, workers, users, and other visitors who access the Website from the United States (collectively, "users"). This privacy notice does not apply to websites, portals, mobile apps, or other online applications that have their own privacy statement or otherwise do not display or link to this privacy notice. In addition, this privacy notice does not apply to information collected offline.
Some of the concepts below are a bit technical, but we tried our best to explain things in a straightforward and transparent way. If you have any questions or comments about this privacy notice, the ways in which we collect and use the information described below, or your choices and rights regarding such use, please do not hesitate to contact us:
Phone: 888.CA.WCIRB (888.229.2472) Email: [email protected]
Postal Address: Workers' Compensation Insurance Rating Bureau of California,
Attn: Customer Service Department, 1221 Broadway, Suite 900, Oakland, CA 94612
Our Website collects information that either directly identifies you or could reasonably be used in combination with other information to identify you ("personal information"). Examples of personal information include your name, postal address, email address, telephone number, billing and payment information, and any other information provided in combination with such identifiers. Personal information does not include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, computer, or device, whether in combination with other information or otherwise.
Our Website may also collect certain technical data and other information that does not directly identify you (for example, by name or contact information), but which may be used to identify a specific computer or device that has accessed our Website, such as your computer's Internet protocol (IP) address or device's unique device identifier.
We collect this personal information when you provide it to us directly through the Website, automatically through your use of the Website, and from our partners and service providers and publically-available sources.
You may choose to give us certain personal information in order to use or interact with our Website. This can include your name, postal address, email address, telephone number, billing and payment information, date of birth, employer information and job title, and any other information provided in combination with such identifiers (such as annual income, education, survey responses, inquiry submissions, and Website enrollment information). For example:
Like most websites and other online services, our Website collects certain information that is created and recorded automatically when you use or interact with our Website. This information includes the following:
We may receive information about you and your activity on and off the Website from members, insurers, brokers, agents, legal representatives, administrators, service providers, and other third parties. For example:
Where permitted by law, we may combine the personal information you provide through the Website with information we collect through other WCIRB Websites, WCIRB's offline records, and information provided to us by third parties. Where permitted by law and feasible, we may also combine your personal information with information generated through your use of the Website (such as log data, transaction data, or cookie data), in which case we will treat any information that is combined or associated with your personal information as personal information for as long as it can reasonably be linked with your personal information.
We may use this consolidated information to improve our Website and product and service offerings, enhance our marketing and research activities, communicate information to you, and engage in any other legitimate business activities set forth under Use of Information below or otherwise described in this privacy notice.
We may use the information described above as necessary or useful to provide, support, personalize, and develop our Website, products, and services, including as follows:
Cookies and similar technologies used on our Website (including the information obtained through such use) fall into four categories:
|Essential||Our Website utilizes first- and third-party cookies and similar technologies that are necessary in order to operate our business and maintain our Website, including verifying and authenticating Website users; preventing fraud and securing our Website and databases; payment processing; enabling users to move around our Website and use its features; and complying with applicable laws and industry standards. These cookies and similar technologies don't gather information about you that could be used for marketing or tracking your browsing activity. This category of cookies generally cannot be disabled.|
|Performance||Our Website may utilize first- and third-party cookies and similar technologies to provide enhanced features and remember user preferences, including identifying return users when visiting our Website (for example, to remember your login credentials); keeping track of user preferences, interests, and past items viewed or utilized (for example, preferred language or past purchases); and providing social features that allow users to interact with social media services through our Website (for example, Facebook or Twitter, as further described below).|
|Analytics||Our Website may utilize first- and third-party cookies and similar technologies for analytics, product development, and market research purposes, including analyzing how users arrive at and engage with our Website; tracking and measuring the performance and effectiveness of our Website; optimizing the location of Website features and other content on our Website; statistical reporting in connection with Website activity; analyzing user preferences and behaviors and market characteristics and trends in order to develop and improve our products and services and Website; segmenting audiences to test features of our Website; and conducting research about our consumers, products, and online services.|
|Advertising||Our Website may utilize first- and third-party cookies and similar technologies to deliver, track, and measure ads both on and off our Website, including ads relevant to your interests (for example, ads based on your past interaction with our Website or based on predictions about your interests derived from your browsing activities on different websites over time); and ads based on your location, demographics, or device characteristics. Cookies are also used for tracking and measuring the reach and frequency of ads and regulating the delivery of such ads (for example, capping the number of times you see a particular ad).|
Most browsers are set to accept cookies by default. However, browsers typically allow individuals to remove or block browser cookies if they choose. For more information on blocking and removing browser cookies, please review your browser's Settings or Preferences tab. More information can be found here:
|Google Chrome||Internet Explorer||Mozilla Firefox||Safari (Desktop)|
|Opera||Opera Mobile||Android Browser||Safari (Mobile)|
For other browsers, please consult the documentation that your browser manufacturer provides.
In addition to removing and blocking browser cookies generally, the following opt-out mechanisms may be available if our Website utilizes the third-party cookies listed below:
The list above identifies some of the third-party cookies we may use on our Website. However, we may use other third-party cookies and similar technologies on our Website that are not listed here. This list is subject to change at any time and without notice.
DNT is a concept that has been promoted by regulatory agencies such as the U.S. Federal Trade Commission (FTC) for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites by using browser settings. The World Wide Web Consortium (W3C) has been working with industry groups, Internet browsers, technology companies, and regulators to develop a DNT technology standard. While some progress has been made, it has been slow and no standard has been adopted to date. As such, WCIRB does not generally respond to "do not track" signals.
We may disclose your personal information to third parties who provide us with various business services, including monitoring and maintaining our Website, processing payments, preparing and delivering products and services, performing Website analytics, and preparing newsletters and mailings. We may also share your information with third parties as necessary to perform the services requested or utilized through the Website.
If all or part of WCIRB is merged into another entity, the information we have about you may be transferred to a third party as part of that transaction. The acquiring entity will be required to use the personal information that is transferred only in a manner that is consistent with this privacy notice and applicable law.
You can use generally visit our Website without revealing any personal information about yourself. However, to obtain our products and services, create an account with us, or enroll in a Website service, we will ask you to provide certain personal information (as described above). If you choose not to provide this information, you or your organization may be unable to obtain or use our products and services.
You may "opt-out" of receiving marketing communications from us at any time by emailing us at the address above. In addition, you may unsubscribe from promotional email communications from us by clicking on the "unsubscribe link" provided at the bottom of such communications (when such unsubscribe mechanism is required by law). However, you may not opt out of non-promotional product-, service-, or membership/account-related communications.
You have the right to receive information from us about the categories of personal information we maintain about you and the sources of such information. In addition, you have the right to request rectification of any personal information that is inaccurate or incomplete. However, for record keeping and compliance purposes, we may retain certain information collected from you, even if inaccurate or incomplete.
To exercise any of these rights, please send us an email at the address above. To protect your privacy, we will only respond to email messages sent from the email account you used to contact us initially or otherwise associated with your account/enrollment.
WCIRB implements, maintains, and enforces reasonable and appropriate administrative, organization, technical, and physical safeguards to protect the integrity, confidentiality, and availability of our Website, databases, personal information, and related assets. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.
WCIRB implements and maintains reasonable restrictions on the retention of personal information and generally disposes of such personal information once it is no longer necessary or useful for the purposes for which it was collected or further processed. However, we may continue to store archived copies of your personal information for legitimate business purposes and to comply with the law. In addition, we may continue to store anonymous or anonymized information for any legitimate business use described in this privacy notice.
Our Website is not intended for children. We do not knowingly collect any personal information from children under 13-years old. However, if the parent or the guardian of a child under 13 years old believes that the child has provided us with personal information, the parent or guardian of that child should contact us at the information provided above to request the information's deletion. Anyone under 13 years old should seek their parent's or guardian's permission prior to using the Website or disclosing any personal information to WCIRB.
WCIRB reserves the right to amend this privacy notice at our discretion and at any time. When changes are made to this privacy notice, the updated notice will be posted on the Website and will be effective as of the date posted. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. Material revisions to this privacy notice will not be applied retroactively without your affirmative consent.
Copies of WCIRB Bulletins may not be transmitted in any form or by any means, electronic or mechanical, including, without limitation, photocopying and recording, or by any information storage or retrieval system without the prior written permission of the WCIRB, unless such copying is expressly permitted in this limited license or by federal copyright law.
Each WCIRB member company (Company) is authorized to reproduce any part of the WCIRB Bulletins solely for the following purposes in connection with the transaction of workers' compensation insurance: (1) as necessary in connection with Company's required filings with the California Department of Insurance; (2) to incorporate portions of this work, as necessary, into Company manuals distributed at no charge only to Company employees; and (3) to the extent reasonably necessary for the training of Company personnel. Each Company and all agents and brokers licensed to transact workers' compensation insurance in the state of California are authorized to physically reproduce any part of the WCIRB Works for issuance to a prospective or current policyholder upon request at no charge solely for the purpose of transacting workers' compensation insurance and for no other purpose. This reproduction right does not include the right to make any part of the WCIRB Bulletins available on any website or through any computer or electronic means for any purpose.
Workers' Compensation Insurance Rating Bureau of California, WCIRB, WCIRB California, WCIRB Connect, X-Mod Direct, eSCAD, and the WCIRB California logo are registered trademarks or service marks of the WCIRB (WCIRB Marks). WCIRB Marks may not be displayed or used in any manner without the WCIRB's prior written permission. Any permitted copying of this work must maintain any and all trademarks and/or service marks on all copies.
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No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including, without limitation, photocopying and recording, or by any information storage or retrieval system without the prior written permission of the Workers’ Compensation Insurance Rating Bureau of California (WCIRB), unless such copying is expressly permitted by federal copyright law.
Each WCIRB member company (Company) is authorized to reproduce any part of this work solely for the purpose of transacting workers’ compensation insurance. This reproduction right does not include the right to make any part of this work available on any Website or on any form of social media.
Workers’ Compensation Insurance Rating Bureau of California, WCIRB, WCIRB California, WCIRB Connect, X-Mod Direct, eSCAD and the WCIRB California logo (WCIRB Marks) are registered trademarks or service marks of the WCIRB. WCIRB Marks may not be displayed or used in any manner without the WCIRB’s prior written permission. Any permitted copying of this work must maintain any and all trademarks and/or service marks on all copies.
To seek permission to use any of the WCIRB Marks or any copyrighted material, please contact the Workers’ Compensation Insurance Rating Bureau of California at [email protected].
All other WCIRB publications not specifically mentioned above are covered by their own copyright notices. Please refer to the publication's copyright notice for more information. If you have any questions, please contact [email protected].