Legal & Privacy - Western Unite Here

ABOUT THIS SITE

This website summarizes certain provisions of the Western UNITE HERE and Employers Pension Fund and is subject to the official Plan documents. This website cannot modify or affect the official Plan documents in any way. In case of any difference between the website and the official Plan documents, the Plan documents will control.

If you have any questions about this website, contact your local Plan office. Visit the Contact page for a list of Plan Offices and contact information.

IMPORTANT NOTICE

As a participant, retiree or beneficiary, you can navigate from this website to find information that explains the benefits and eligibility rules of the Western UNITE HERE and Employers Pension Fund Plans. However, not all the information on these websites may apply to you, as it depends on your individual situation.

The Summary Plan Description is subject to the provisions of the Plan Document and the Trust Agreement and cannot modify or affect the Plan Document or Trust Agreement in any way. In the event of any conflict between the Summary Plan Description or the Trust Agreement, the Plan Document and Trust Agreement will control. In addition, neither you nor any beneficiary shall earn any rights because of any statements in, or omission from, the Summary Plan Description. The provisions of the Plan Document and the Trust Agreement cannot be modified or amended in any way by any statement or promise made by any person, including employees of the local Plan offices, the Unions, or a contributing Employer.

It is hoped that the Plan will continue indefinitely in its present form, but the Board of Trustees reserves the right to amend or terminate the Plan at any time. The Plan could also be amended or terminated as the result of an agreement between participating bargaining parties. If the Plan is ever terminated, your right to your earned benefits will automatically become 100% vested.

BOARD DETERMINATIONS CONCLUSIVE

The Board of Trustees shall have full discretion and authority to determine questions concerning the interpretation or administration of this Plan, including without limitation, all questions relating to eligibility for Plan benefits, and the determination of the Board shall be conclusive and binding as to all persons and for all purposes.

IF THERE ARE DIFFERENCES BETWEEN TRANSLATED AND ENGLISH VERSIONS OF THIS WEBSITE OR SUMMARY PLAN DESCRIPTION, THE ENGLISH VERSION WILL CONTROL.

You are encouraged to contact the local Plan office for your personal information about vesting, eligibility and benefits amounts.

WEBSITE PRIVACY POLICY

Updated 2024

This Policy describes the types of information that the Western UNITE HERE and Employers Pension Fund (“We” or the “Plan”) may collect from you or that you may provide when you visit the Plan’s website that links to this policy (westernunitehere.org) (our “Website”). This policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information that relates to you (“Personal Information”). We also consider information by which you may be personally identified, such as name, postal address, email address, telephone number, social security number, financial matters, medical or employment history, or information that relates to your participation in the Plan as Personal Information. Information which does not identify you or does not relate to your or your participation in the Plan is not Personal Information and is not covered by this policy.

This policy does not apply to information that is not Personal Information or information collected by:

Us offline or through any other means, including on any other website operated by any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.
The websites of the Local Plan Offices. Those websites are subject to their own privacy policies.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.

Collection and Use of Information. The Plan is concerned with your privacy when you visit the Website. The Website collects Personal Information about individuals automatically as you navigate through the Website.

The information that the Website automatically collects may include the:

Date and time when our Website are visited
Domain name or internet protocol address of the machine use to access our Website
Navigational and analytics data (e.g. operating system of computer, links clicked, time spent on a page, etc.)
Type of browser and operating system used
Web page displayed when our Website are left
Web pages or services displayed

Except as described herein, the Plan will not share any Personal Information for the purposes of cross-contextual advertising about users to any third party.

To provide certain features, enhance your experience with this Website, and to improve the overall usability of the Website. The technologies we use for this automatic data collection include cookies.

Cookies are text files placed on the hard drive of your mobile phone, tablet computer or other wireless device or computer (your “Device”). Generally, cookies do contain information that can be related, or linked, to specific information about your interaction with the Website.

The cookies we use on the Website are:

Strictly necessary cookies are essential to enable you to move around any of the Website and use its features. Without these cookies, certain services you may ask for cannot be provided.

Performance cookies collect information about how you use the Website, for instance which pages visitors go to most often, and if they get error messages from the web page. These cookies don’t collect information that identifies a visitor. All information that these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Website works.

Most internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. Outside of the use of the cookie settings in your browser, there are also browser-specific settings like “Do Not Track” (“DNT”) or “Global Privacy Control” (“GPC”). Since the DNT signal is not widely adopted and is not a finalized standard, we don’t respond to DNT signals. Also, since we don’t sell or share Personal Information for cross-contextual behavioral advertising, the Website doesn’t act on GPC signals.

How We Use Your Information. In our normal course of business, we use Personal Information to direct you to other sites and information which may be useful to you.

Additionally, we may use Personal Information about you for the following purposes:

to establish or maintain our relationship with you;
to contact you and respond to your requests and inquiries;
to personalize your experience with us and to assist you while you use the Website;
to provide you with your applicable benefits or other services or materials requested by you, or information related to other opportunities that may be useful to you (including opportunities offered by the business partners, and vendors of the Plan),
to inform you of such benefits, services, and opportunities.
for business administration, including statistical analysis;
to improve the Website by helping us understand who uses the Website;
to protect the interests of visitors to our Website, our employees, and other third parties;
to investigate violations of our policies and applicable law; or
for fraud prevention, and detection and to comply with applicable laws, regulations, or codes of practice.

We will only process Personal Information as described in this policy, as permitted by applicable law, or as otherwise consented to by you.

How We Retain Information We Collect

We will retain Personal Information for as long as necessary or permitted in light of the purposes described in this policy. However, some Personal Information may be retained for longer periods as required by law, contract, or auditing requirements. We will also retain Personal Information for as long as necessary to establish, exercise, or defend legal claims, or as otherwise permitted by applicable law.

Disclosure of Information. Generally, we disclose Personal Information for the same purposes that we use to collect such Information. We may disclose your Personal Information to our affiliates and subsidiaries, and to our service providers to the extent necessary to enable them to perform certain Website-related services (for example, web hosting and analytics, to fulfill our (or the third party’s) obligations to you or the Plan, improve Website-related services and features, or for site maintenance services) on our behalf. All service providers are required to comply with our privacy practices and policies and are permitted to use data only for the purpose of performing services on our behalf.

We disclose Personal Information if we believe that we are required to do so for any or all of the following reasons:

(a) as may be permitted or required by law, regulation, rule or court order;

(b) pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities;

(c) to prevent, investigate, or take any other lawful action regarding suspected fraud, violations of the Website’s Terms of Use, potential threats to the physical safety of any person, or other activity that we believe to be illegal or may expose the Plan to legal liability;

(d) to our lawyers, accountants, tax consultants and employees for the purpose of conducting our business and providing you with information, or

(e) in the event of a merger of the Plan with another benefit plan or the termination of the Plan and transition of the Plan’s participants to a successor plan.

Security Safeguards. The Plan has implemented reasonable safeguards appropriate to the sensitivity of the Personal Information we maintain. Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. They include physical, technical and managerial measures to keep Personal Information protected from unauthorized access. Note that due to the nature of the internet and related technology, we cannot absolutely guarantee the security of Personal Information disclosed over the internet, and the Plan expressly disclaims any such obligation.

Modifications to Privacy Policy. We reserve the right to change the Website’s privacy policy at any time and from time to time, as we deem necessary or appropriate. If we make any substantial changes in the way we use your personal information, we will post a prominent announcement on the Website(s). The date the privacy policy was last revised is identified at the top of the page.

Children’s Privacy. We recognize the importance of protecting the privacy of children, and the Website are not intended for use by children. For this reason, we do not knowingly collect personally-identifiable information from children under the age of 13.

Third Party Websites. The websites of third parties linked to this Website may operate under different privacy practices and policies which are not under our control. We are not responsible for the privacy practices of such websites or their operators. If you decide to access any such third-party websites, the Plan encourages you to review the privacy policies and terms of use of such third-party websites. Also, the websites for the Local Plan Offices that you can reach through this Website have their own privacy practices and policies.

WEBSITE TERMS OF USE

Updated 2024

Consent to Terms. These terms of use are entered into by and between you and the Western UNITE HERE and Employers Pension Fund (“We” or “Plan”). The following terms and conditions (“Terms”), govern your access to and use of westernunitehere.org (“Website”), including any content, functionality, and services offered on or through the Website.

Please read the Terms carefully before you start to use any of the Website. By using the Website, you acknowledge that you have read, understood, and accept and agree to be bound and abide by these Terms. Furthermore, when accessing and using the Website, you agree to comply with all applicable laws and regulations. If you do not agree to these Terms, do must not access or use the Website.

Website Purpose; Important Notice. As a participant, retiree or beneficiary, you can navigate from this website to the websites of the Local Plan Offices to find more information about the benefits and eligibility rules of the Western UNITE HERE and Employers Pension Fund Plan. Which Plan Office website(s) apply to you depends on where you have performed covered work.

The information on the Local Plan websites is subject to the provisions of the Plan Document and the Trust Agreement and cannot modify or affect the Plan Document or Trust Agreement in any way. In the event of any conflict between the information on the websites, the Plan Document and Trust Agreement will control. In addition, no participant, retiree or beneficiary shall earn any rights because of any statements in, or omission from, the information on the websites. Furthermore, neither the statements of Local Plan Office personnel nor any information on this Website or the Local Plan Office websites is intended as any legal, tax, financial planning or any other form of professional advice. The provisions of the Plan Document and the Trust Agreement cannot be modified or amended in any way by any statement or promise made by any person, including employees of the Local Plan Offices, the Unions, or a contributing Employer.

IF THERE ARE DIFFERENCES BETWEEN TRANSLATED AND ENGLISH VERSIONS OF THE WEBSITES, THE ENGLISH VERSION WILL CONTROL.

You are encouraged to contact the Local Plan Office for your personal information about eligibility and benefit amounts.

Accessing the Website and Account Security. We reserve the right to withdraw or amend the 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 any of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Use of Website. 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 the Plan, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your personal, non-commercial use only. The Plan grants you a limited license to view and use the Website, and to print individual pages and Plan forms from the Website, for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content of the Website for any commercial purpose or remove or alter any copyright notices or other proprietary notices from the content on the Website. When using the Website, it is a condition of your use of the Website that all the information you provide on the Website to the Plan and Local Plan Office with current, accurate, and complete information. You shall use the Website solely in accordance with any online policies, guides, or instructions made available on or through the Website. You further agree not to use the Website:

To display, transmit or otherwise make available any material that is infringing, threatening, harassing, libelous, hateful or offensive or which violates the privacy or other rights of any third party;
To transmit any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
To impersonate or attempt to impersonate the Plan, the Local Plan Offices or any employee or representative of the Plan or the Local Plan Offices;
To gain unauthorized access to the Website, Website user accounts or the systems of the Plan or its providers; or
To engage in any other conduct that interferes with the operation, use or enjoyment of the Website or which, as determined by us, may harm the Plan or the Website’ users.

Modification of Terms. The Plan may modify these Terms and the information on the Website at any time in its sole discretion, without notice to you (except where required by applicable law), by posting such modifications on the Website. By using the Website following any modifications to these Terms, you agree to be bound by any such modifications to the Terms. Accordingly, you should visit the Website from time to time to review the then-current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices and/or terms located on particular pages of this Website.

Suspension/Discontinuation of Website. The Plan may, in its sole discretion, suspend or discontinue at any time any information, function, feature, content or services available on the Website, including, but not limited to, the cessation of all activities associated with the Website, with or without notice.

Ownership and Use of Content and Logos/Marks. The Plan and/or their affiliates or licensors own and/or control the Website and all material available on the Website, including for example the layout of the Website, all material and forms available from your Local Plan Office and all pages within that domain and all related codes (collectively, the “Materials”). Except for your personal use of the applications or other forms available on or made accessible through the Website, you may not copy, reproduce, republish, distribute, upload, transmit, make derivative works from or otherwise commercially exploit any of the Materials without first obtaining written consent from an authorized representative of the Plan. You may not alter the content of the Website or the forms or other Materials provided herein.

The Plan’s logos are service marks and/or trademarks of the Plan and may not be used by you for any purpose without prior written permission from an authorized representative of the Plan. If the Website contain or make reference to other trademarks, service marks and/or logos, they are owned or controlled by their respective owners.

Links to other Website. The Website may contain links to websites operated by third parties that are not the Local Plan Office. These links are provided as a convenience to you. Neither the Plan nor any of it participating employers, unions, trustees, employees or agents) are responsible for the content, legality or accuracy of or opinions expressed in any such third-party websites, or for the privacy practices or other acts or omissions of such third-party websites or their operators. Such third-party websites and the content thereof are not investigated, monitored or checked for accuracy, legality or completeness by us. The inclusion of any links to a third-party website that is not a Local Plan Office website on the Website does not imply approval or endorsement of such third-party website or the content thereof by the Plan. The Plan does not make any representations or warranties concerning such third-party websites or the content thereof. If you do decide to use these links, leave the Website and access these third-party websites, you do so at your own risk.

Disclaimers. Information, resources and other Materials on the Website are provided as a courtesy, on an “AS IS”, “AS AVAILABLE” basis, and without warranty of any kind. We have made reasonable efforts to present the information contained on the Website accurately, but additions, deletions, changes and errors may occur, updates may not always be timely, and information may not always be accurate. We encourage you to make appropriate use of legal, tax, and financial planning professionals in helping you make prudent decisions regarding the use of your benefit programs. The Plan does not promise that the Website will be available without interruption, or that the Website or their servers will be impervious to hackers or free of malicious code (e.g., viruses, worms, time bombs, Trojan horses, back doors or malware).

Website Monitoring. Any activity on the Website is subject to monitoring by the Plan to verify compliance with these Terms and for other purposes permitted by applicable law. By using the Website, you consent to such monitoring and agree that the Plan may use the results of such monitoring to enforce these Terms and for any other purpose permitted by applicable law.

Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE PLAN, ITS AFFILIATES OR SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRIBUTING EMPLOYERS, REPRESENTATIVE LABOR UNIONS, OR TRUSTEES (COLLECTIVELY, THE “RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SERVICES, INFORMATION, RESOURCES, LINKS TO THIRD PARTY WEBSITES AND/OR OTHER MATERIALS AVAILABLE ON OR CONTAINED WITHIN THIS WEBSITE, AND/OR THE INFORMATION COLLECTED THROUGH THIS WEBSITE OR ANY THIRD PARTY WEBSITE WHICH IS LINKED TO THIS WEBSITE (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION), EVEN IF THE APPLICABLE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY PROBLEMS ARISING FROM THIS WEBSITE AND/OR THE INFORMATION, RESOURCES OR OTHER MATERIALS PROVIDED HEREIN (INCLUDING THE FAILURE TO PROVIDE THIS WEBSITE AND/OR SUCH INFORMATION, RESOURCES AND MATERIALS) WHICH ARE DUE TO CIRCUMSTANCES NOT WITHIN THE REASONABLE CONTROL OF THE PLAN, INCLUDING, BUT NOT LIMITED TO, INTERNET, EQUIPMENT OR ELECTRONIC COMMUNICATIONS FAILURES.

Miscellaneous. If any provision or provisions of these Terms are rendered by judicial process or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of these Terms, which shall remain in full force and effect and be enforced in accordance with its remaining terms.

No waiver by the Plan of any term or condition set out 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 the Plan to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

These Terms shall be governed by, construed in accordance with, and enforced under the laws of the State of Nevada, without regard to its conflicts of law provisions, except where preempted by Federal law. To the fullest extent permitted by applicable law, you hereby consent to the exclusive jurisdiction of the appropriate federal or state court in Las Vegas, Nevada.