IATSE Local 728, herein referred to as “Local”, has created this Privacy Policy and Terms of Use to explain how you may use the information contained on our websites, which includes, for purposes of the Privacy Policy and Terms of Use, using our applications, including applications on third-party sites or platforms such as social networking sites, and to explain how we use information that you may provide while visiting one of our websites.

Your use of an IATSE Local 728 website indicates your acceptance to be bound by the provisions of the Privacy Policy and Terms of Use in effect as of the date of your use. If you do not accept these terms, do not use our websites.

PRIVACY POLICY

This notice describes the Local’s Internet Privacy Policy. The goal of this policy is to advise you about how we collect, use, and protect the personal information you provide under the practices set forth herein. By visiting one of our websites, you are accepting the practices described in this Privacy Policy. The LOCAL may, in its sole discretion, modify these policies from time to time. Your continued use of our websites following any changes to this Privacy Policy will constitute your acceptance of such changes.

The terms “you” and “user” as used herein refer to all individuals and/or entities accessing LOCAL websites for any reason.

Website Usage; Information Collection

When you visit one of the LOCAL websites, we automatically obtain information about your usage, including, for example, the name of your Internet service provider, the browser and type of computer that you are using, the website that referred you to us, the pages you view and the date and time of those page views. We use this information on an aggregate basis to gather data about activity on our websites, which we use to improve the usefulness of our websites. We do not use this information on any kind of individual basis. We do not collect or store personally identifiable information, such as your name, mailing address, email address, or phone number unless you provide that information.

Collection of Personally Identifiable Information

The LOCAL provides opportunities for you to provide your contact information to engage in LOCAL activities such as online activism, place orders for products or services, correspond with the LOCAL, or to submit a testimonial (i.e., share your story). Any information we collect, such as your name, mailing address, email address, type of request you are making, and any additional information you provide, is collected and stored by the LOCAL. The information is used to fulfill your request and track aggregate information about the usage of these features.

The LOCAL makes every effort to ensure the secure collection and transmission of your sensitive information using industry-accepted data collection and encryption methodologies, such as TLS (Transport Layer Security).

The LOCAL does not sell your personal information to any third party.

Cookies

A cookie is a piece of data that is stored on a user’s hard drive that contains information about that user. The LOCAL uses cookies to prepopulate data that you have previously supplied on our website so that you do not need to re-enter such information. We also use cookies to measure aggregate Web statistics such as collecting the number of users to our sites, the number of repeat users, and the most popular web pages. We do not use cookies to track user activity on an individual basis.

LOCAL’s Sharing and Use of Personally Identifiable Information

The personal information that we collect on the website helps us, our affiliates, and LOCAL-related organizations to represent union members and provide member benefits efficiently and effectively.

Additionally, subject to applicable law, we may share any of the personal information that we collect about you with certain third parties that share our interests. We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders. Additionally, we may be required to share information when we believe it is necessary to comply with applicable law, to protect our interests or physical or intellectual property, or otherwise prevent illegal activity surrounding our websites or enforce this Privacy Policy and Terms of Use. We may share or otherwise release information internally within LOCAL or with local affiliates, districts, or other local and national affiliates or with third parties to accurately respond to inquiries or complaints.

We will use your email address to communicate with you about our activities and offerings unless you opt-out of receiving such messages. We also will use your email address for administrative purposes, sending messages related to actions you have taken on the site, or for related service purposes. You may opt-out of receiving future information via email by using the unsubscribe procedures provided to you.

When you send an email or other communications to us, we may retain those communications to process your inquiries, respond to your requests and improve our services.

We use both your personally identifying information and certain non-personally identifying information (such as anonymous usage data, IP addresses, browser type, clickstream data, etc.) to improve the quality of your user experience and the design of the website and to create new features, functionality, and services by storing, tracking and analyzing user behavior, preferences, trends, and actions.

Opting Out of Email Lists

People who subscribe to email lists via the LOCAL websites will receive periodic updates from the LOCAL by regular mail, fax, or email. You may opt out of receiving future information via email by using the unsubscribe procedure specified on the email message or by submitting a request, with the name of the list you are a member, through the contacts here by emailing [email protected].

Ability to Accept Privacy Policy and Terms of Use

The LOCAL’s websites are not intended to and do not provide services to children under the age of 18. You affirm that you are either more than 18 years of age and fully competent to enter into the Terms of Use and Privacy Policy and to abide by all conditions. In any case, no content on the LOCAL’s websites is aimed at children under 13. If you have any concerns about any information that a minor child may have provided to us via our websites, please contact us via email at [email protected].

Security

The LOCAL has security measures in place to protect against the loss, misuse, and alteration of information within our control. These measures include security measures for data collection, storage, and processing, including physical security measures to guard against unauthorized access to data storage systems where we store personal data. We use TLS encryption to protect the transmission of information you submit to us when you use our secure online forms. Information contained in any email you send is not secure against interception If you’re your communications to us include sensitive information and you prefer not to use email or our websites to transmit such information, contact us by mail or by telephone instead.

Links to Other Websites

Our websites may contain links to other sites. The LOCAL is not responsible for the privacy practices or the content on such sites. For additional information regarding how any third party obtains or uses information, please go directly to its website and privacy policy. This Privacy Policy applies only to information obtained from LOCAL websites.

Disclaimer

Opinions expressed here and in any corresponding comments are the personal opinions of the original authors and do not necessarily reflect the views of the LOCAL, its officers, or employees.

TERMS OF USE

By accessing the LOCAL websites, which includes, for purposes of the Terms of Use, using our text message functions and our applications, including applications on third-party sites or platforms such as social networking sites, you are indicating your acceptance to be bound by the provisions of these Terms of Use and Privacy Policy, which is incorporated herein by reference. If you do not accept any of these terms, do not access the site. The LOCAL may, in its sole discretion, revise these Terms of Use at any time by updating this posting. Although we may attempt to notify you when major changes are made to these Terms of Use, you should visit this page periodically to review the most up-to-date Terms of Use because they are binding on you. By continuing to use LOCAL websites following our posting of such changes, you agree to be bound by the Terms of Use, as modified.

The terms “you” and “User” as used herein refer to all individuals and/or entities accessing LOCAL websites for any reason.

1. Eligibility
   
   By accessing LOCAL websites, you represent and warrant that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use. In any case, you affirm that you are above the age of 13, as the LOCAL’s websites are not intended for children under 13. You also represent and warrant that you will use the websites in a manner consistent with any and all applicable laws and regulations.

2. LOCAL Permissions and Restrictions
   
   LOCAL hereby grants you permission to access and use the websites as set forth in these Terms of Use, provided that:

(a) You do not collect any personally identifiable information of others, including usernames or email addresses.

(b) You may not use any of the LOCAL websites in violation of any applicable law or regulation.

(c) You do not use the website for any commercial purposes. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use commercially any portion of the LOCAL websites commercially. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk email, or other solicitation. You agree not to solicit, for commercial purposes, any users of the website with respect to any of their content or comments.

(d) You do not circumvent, disable or otherwise interfere with security-related features of our sites or servers (or networks connected to our websites), including, without limitation, the following activities: (i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (ii) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to this or any LOCAL site, overloading, “flooding,” “spamming,” “mailbombing” or ”crashing”; or (iii) transmitting or otherwise making available any content containing any “virus,” “worm” or “trojan horse” or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Violations of system or network security may result in civil or criminal liability. The LOCAL will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(e) You do not use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” that accesses the websites in a manner that sends more request messages to the LOCAL servers in a given period of time than a human can reasonably produce in the same period by using a conventional internet tool (e.g., a web browser). Notwithstanding the foregoing, the LOCAL grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. The LOCAL reserves the right to revoke these exceptions either generally or in specific cases.

(f) You do not alter or modify any part of the LOCAL’s websites.

(g) You do not harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to a person or entity on or through the LOCAL websites or its communication systems.

(h) You do not transmit or otherwise make available on or through LOCAL websites any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, violent, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, or potentially libelous or inflammatory, as solely determined by the LOCAL.

(i) LOCAL reserves the right to change or discontinue any aspect of its websites at any time, for any reason, and without notice to you.

(j) LOCAL reserves the right to suspend or terminate a user’s access to LOCAL websites, without prior notice and at the LOCAL’s sole discretion.

(k) This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the websites.

3. User Accounts
   
   In order to access some features of LOCAL websites, you must log in with your own account or become a registered user. As a user, you agree to be bound by the following terms:

(a) When creating or modifying your account, you must provide accurate, current, and complete information. We reserve the right to disallow the use of any username that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the websites through any username/password assigned to you. You must notify the LOCAL immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.

(b) As a user, you may submit comments on various LOCAL websites or other material (collectively, “User Content”). LOCAL reserves the right, but does not assume the obligation, to delete, move, condense, or edit such User Content for any reason and without prior notice. LOCAL also reserves the right to suspend or terminate a user’s access and ability to post User Content. LOCAL neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of any LOCAL websites, nor are we responsible for any failure or delay in removing such materials.

(c) You are solely responsible for your own User Content and the consequences of posting or publishing it. Submissions may be used by the LOCAL for any purpose in any form without the permission of the submitter and without any consideration apart from participation in accordance with these Terms of Use. By providing User Content to the LOCAL, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the LOCAL to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content you submit to enable inclusion and use of such User Content in the manner contemplated by these Terms of Use. You agree and represent that, unless you are the owner of such rights or have permission from the rightful owner, you will not submit material that (i) is copyrighted or protected by trademark or trade secret or other intellectual property rights of others; (ii) violates the privacy, publicity, or other personal rights of others; or (iii) reveals confidential information or otherwise violates the third-party proprietary rights of others. You further agree and represent that you will not submit material that is harassing, vulgar, unlawful, harmful, profane, defamatory, violent, obscene, threatening, abusive, hateful, or is potentially libelous or inflammatory or racially, ethnically, or otherwise objectionable. The LOCAL reserves the right to not post submissions and to remove submissions without prior notice, at the sole discretion of the LOCAL.

(d) You retain all your ownership rights in your User Content. However, by submitting User Content to the LOCAL, you hereby grant the LOCAL a worldwide, nonexclusive, royalty-free, sublicensable, perpetual, and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name, voice, appearance, and likeness) in any medium in connection with the activities and operations of LOCAL, its related and affiliated entities and successors, including, without limitation, for promoting and redistributing part or all of the LOCAL’s websites (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world. You also give the LOCAL the nonexclusive right to use your name, voice, appearance, and likeness, as well as any additional information you have provided about yourself, in any material prepared by or for the LOCAL in any form or media, now known or hereafter devised, in all languages throughout the world. You also hereby grant each user of the LOCAL websites a non-exclusive license to access your User Content through the websites and to use, reproduce and distribute such User Content for such user’s personal, noncommercial purposes. You understand and agree that the LOCAL may retain, reproduce, distribute, and otherwise use for any purpose copies of User Content that has been removed from the websites. The above licenses granted by you are perpetual and irrevocable.

(e) The LOCAL does not endorse, authorize, or ratify any User Content, or any opinion, recommendation, or advice expressed therein, and the LOCAL expressly disclaims all liability in connection with User Content. The LOCAL does not permit copyright infringing activities and infringement of intellectual property rights on its websites, and the LOCAL reserves the right, but does not assume the obligation, to remove any content from the websites if notified that such content infringes on another’s intellectual property rights.

4. Your Use of Content on the Site
   
   In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the content on the LOCAL websites. You agree to comply with all applicable laws regarding your use of the LOCAL’s websites. You further agree that information provided by you in connection with the use of the websites is truthful and accurate to the best of your knowledge.

(a) The content on the websites (other than your User Content), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively, “LOCAL Content”) is owned by or licensed by the LOCAL. Similarly, the trademarks, service marks, and logos contained on the websites are owned or licensed by the LOCAL (“LOCAL Marks”). Except as otherwise provided in these Terms of Use, the LOCAL Content and the LOCAL Marks may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of the LOCAL. The LOCAL reserves all rights not expressly granted in and to the Local Content and the LOCAL Marks.

(b) LOCAL websites are made available for your personal, noncommercial use only. As part of such use, you may display, download, and/or print pages from the sites; you may link to the website, and you may forward website materials to others for personal, non-commercial uses that are reasonably related to the website purposes.

(c) You understand that when using a LOCAL website, you will be exposed to LOCAL Content, User Content, and other third-party content from a variety of sources and that the LOCAL makes no warranty about the accuracy, usefulness, safety, or intellectual property rights of or relating to such LOCAL Content, User Content or other third-party content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the LOCAL with respect thereto.

(d) The websites may contain links to third-party websites that are not owned or controlled by the LOCAL. The LOCAL has no control over, and assumes no liability or responsibility for, the content, privacy policies or practices of any third-party websites. When you leave the LOCAL’s websites you are responsible for reading the terms and conditions and policies of each other website that you visit.

5. Digital Millennium Copyright Act
   
   If you are a copyright owner or an agent thereof and believe that any LOCAL Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing LOCAL’s Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):

6. Identification of the copyrighted work claimed to have been infringed.

7. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the LOCAL to locate the material.

8. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

9. A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

10. Your name, mailing address, telephone number, and email address; and

11. A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.

LOCAL’s designated agent to receive notifications of claimed infringement is: IATSE Local 728, 1001 W. Magnolia Blvd, Burbank, California 91506, and by phone at 818-954-0728. You acknowledge that if you fail to comply with all the above requirements, your DMCA notice may not be valid.

6. Disclaimer of Warranty
   
   LOCAL WEBSITES ARE PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCAL, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “LOCAL PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. THE LOCAL CAN NOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF WEBSITE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO LOCAL WEBSITES. NOR DO THE LOCAL PARTIES GUARANTEE THAT THE WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE LOCAL DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE LOCAL WEBSITES OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

7. Limitation on Liability
   
   IN NO EVENT SHALL THE LOCAL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THE LOCAL WEBSITES, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE OUR WEBSITES OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE LOCAL WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOCAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE LOCAL PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.

8. Indemnification
   
   You agree to indemnify, defend, and hold LOCAL and our officers, employees, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your use of LOCAL’s websites or violations of any term of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the LOCAL websites.

9. Miscellaneous
   
   You agree that the laws of the state of California, without regard to conflicts of law provisions, will govern these Terms of Use and Privacy Policy and any dispute that may arise between you and LOCAL.

These Terms of Use and Privacy Policy, together with any other legal notices published by LOCAL on the websites, shall constitute the entire agreement between you and the LOCAL concerning the LOCAL websites and supersedes prior agreements, if any, between you and the LOCAL relating to the subject matter hereof. These Terms of Use and Privacy Policy may not be altered, supplemented, or amended using any other document(s). To the extent that anything in or associated with LOCAL websites is in conflict or inconsistent with these Terms of Use and Privacy Policy, these terms shall take precedence. If any part of these Terms of Use and Privacy Policy is held invalid or unenforceable, the remaining portions shall remain in full force and effect. You and the LOCAL agree that any cause of action arising out of or related to the LOCAL websites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.