Website Terms of Use & Privacy Policy

Consent to Terms. By accessing, browsing and/or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms of use and privacy policy (these “Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use this website.

Informational Purpose. The purpose of this website is to provide information about the Southern California United Food & Commercial Workers Unions and Food Employers Joint Benefit Funds Administration, LLC (the “Trust Fund Office”, “us” or “we”) and the various pension and health and welfare trust funds administered by us (the “Trust Funds” or “Plans”).  The information on this website (including explanations and statements of benefits and eligibility rules) is intended for the Plans’ participants and their covered spouses, domestic partners, dependents and beneficiaries (collectively “Covered Persons”) and the Trust Funds’ providers (as applicable), and is intended for informational use only.  The information on this website (including, without limitation, any Summary Plan Documents (“SPDs”)) is not an authoritative or binding presentation of official plan documents of the Plans (the “Plan Documents”).  Neither the SPDs, this website nor any statement or promise made by any person (including employees of the Trust Fund Office, the applicable labor unions or the applicable contributing employers) can modify or affect such Plan Documents in any way. In the event of any difference between this website (including the SPDs) and the Plan Documents, the Plan Documents will control.  In addition, neither you nor any beneficiary shall earn any rights because of any statements on, or omission from, the SPDs or this website.  Only the Board of Trustees for the applicable Trust Fund shall have full discretion and authority to determine questions concerning the interpretation or administration of such Trust Fund, including without limitation, all questions relating to eligibility for benefits and the determination of such Board of Trustees shall be conclusive and binding as to all persons and for all purposes.  Furthermore, not all information on this website may apply to you, as it depends on your individual situation.  You are encouraged to visit or contact the Trust Fund Office for your personal information about vesting, eligibility and benefits amounts.

It is hoped that the Plans will continue indefinitely in their present forms, but the Boards of Trustees reserve the right to amend or terminate the Plans at any time. The Plans could also be amended or terminated as the result of an agreement between the applicable unions and the participating employers.

This website contains information of a general and educational nature about the Trust Fund Office and the Trust Funds and related issues. It does not contain any medical, legal, tax, financial planning or any other form of professional advice.

Account.  Access to certain areas and information on this website is limited to Covered Persons, and requires that such Covered Persons establish an account in accordance with the instructions at www.scufcwfunds.com (“Account”).  If you have set up an account, for security purposes, we recommend that you change your password regularly, commit it to memory and avoid writing your password down.  Without limiting the foregoing, the establishment, use, expiration and change of passwords and usernames shall be subject to our policies with respect to same (including our log-in policies) then in effect.  By agreeing to establish and use an Account, you are authorizing us to act on instructions received under your username and password, and we are entitled to act on such instructions.  You are responsible for keeping your username and password and applicable security question information confidential.  Please do not disclose your username, password or applicable security question information to anyone.  You understand that you may be required to change your username, password and/or applicable security question information from time to time in accordance with the Trust Fund Office’s security policies and procedures and/or specific concerns of the Trust Fund Office.  Notify us at once if you believe another person has improperly obtained your account username, password and/or applicable security question information, if you believe someone has accessed or used your Account without your permission, or if you suspect any fraudulent activity on your Account.  If you do not access your Account for a period of more than six (6) months, or if there are more than five (5) consecutive failed log-in attempts to your Account, we reserve the right to de-activate your Account. To re-activate your Account, please contact us at (714)-220-2297.  You may be required to provide reasonable personal identification to re-activate your Account.  We reserve the right to terminate your Account in our reasonable discretion, including, without limitation, in the event that you fail to comply with these Terms.

Modification of Terms. The Trust Fund Office may modify these Terms and the information on this website at any time, without (except where required by applicable law) notice to you, by posting such modifications on this website.  By using this website following any modifications to these Terms, you agree to be bound by any such modifications to the Terms.  Accordingly, you should visit this 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.  IF THERE ARE DIFFERENCES BETWEEN THE SPANISH AND ENGLISH VERSIONS OF THE SPDs OR THIS WEBSITE, THE ENGLISH VERSIONS WILL CONTROL.

Suspension/Discontinuation of Website.  The Trust Fund Office may, in its sole discretion and in addition to any other remedies available to it, suspend or discontinue at any time any information, content or services available on this website, and any functionality or features in or on this website, including, but not limited to, the cessation of all activities associated with this website, with or without notice.

Ownership and Use of Content and Logos/Marks. The Trust Funds, Trust Fund Office and/or their affiliates or licensors own and/or control this website and all material available on this website, including, without limitation, the layout of this website, and all material and forms available from www.scufcwfunds.com 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 this 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 applicable Trust Fund(s) and the Trust Fund Office.  You may not alter the content of this website or the forms or other Materials provided herein.

The Trust Fund Office and Trust Funds logos are service marks and/or trademarks of the Trust Fund Office or the Trust Funds (as applicable), and may not be used by you for any purpose without prior written permission from an authorized representative of the Trust Fund Office or the Trust Funds (as applicable).  If this website contains or makes reference to other trademarks, service marks and/or logos, they are owned or controlled by their respective owners.

Links to other Websites. Links on this website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this website. Linking to such third-party websites does not create any relationship or partnership between the third party website's operator or sponsor, and the Trust Fund Office or Trust Funds.  Neither the Trust Fund Office nor any of the Trust Funds reviews, assesses or controls any of these third-party websites. In addition, neither Trust Fund Office nor any of the Trust Funds endorses, or makes any representations concerning the legality or accuracy of or any other representations about, any such third-party websites or any ideas, opinions, information, software or other products or materials posted or available there, or any results that may be obtained from using them.  Further, neither Trust Fund Office nor any of the Trust Funds makes any representations that any links to third-party websites will be correct, up to date or operational.  To the fullest extent permitted by applicable law, neither the Trust Fund Office nor any of the Trust Funds nor any of their respective employees, directors, officers, trustees, agents, contributing employers or representative unions is responsible for: any such third-party websites; the content, products, privacy practices or acts or omissions of such websites or their operators (including for any ideas, opinions, information or materials posted on or available through such websites); or for any links to third-party websites which are incorrect, out of date or not operational.  If you decide to access any of the third-party websites linked on this website, you do this entirely at your own risk.

Linking to this Website.  Written permission is required from the Trust Fund Office to create a link from an external website to this website (including this website’s homepage or any pages within this website).

Disclaimer of Warranties. Information, resources and other Materials on this website (including explanations or statements of benefits) are provided as a courtesy, on an "AS IS", "AS AVAILABLE" basis, and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  To the maximum extent permitted by applicable law, the Trust Fund Office and the Trust Funds disclaim all express or implied representations or warranties with regard to the information, resources and any other Materials contained on or accessible through this website.  Use of information, resources and other Materials from this website is at your own risk.  The Trust Fund Office, the Trust Funds and the Boards of Trustees for the Trust Funds encourage you to make appropriate use of medical, legal, tax, and financial planning professionals in helping you to make prudent decisions regarding the use of your benefit programs.  Neither the Trust Fund Office nor any of the Trust Funds warrant that this website's functions will be uninterrupted, that the information, resources and other Materials on this website (including explanations and statements of benefits) will be reliable, relevant, complete, accurate, up to date or error-free, that defects in or on this website will be corrected, or that this website or the server that makes this website available is impervious to hackers or free of viruses or other harmful components.  If your use of this website or the information, resources or other Materials on this website results in the need for the servicing or replacement of equipment, data or software, neither the Trust Fund Office nor any of the Trust Funds shall be responsible for the costs of such servicing or replacement.  Specifically, you understand and acknowledge that enrollment status, coverage, claims or other benefits information displayed in your Account may not be accurate or up to date at the particular time you access your Account (e.g., that such information may not reflect the most current enrollment, hours, dependent verification, claims or other relevant information provided or otherwise available to the Trust Fund Office).  If you have questions about any such information, please contact the Trust Fund Office at (714)-220-2297.

User Responsibility; Website Monitoring.  You are responsible for the information you provide to the Trust Fund Office and the Trust Funds through this website, including the accuracy thereof.  You acknowledge that you may be subject to civil and/or criminal penalties for committing a fraudulent act if you knowingly provide any materially false information to the Trust Fund Office or the Trust Funds or otherwise use this website with the intent to defraud or mislead the Trust Fund Office or the Trust Funds or any other party.  Any activity on this website is subject to monitoring by the Trust Fund Office. By using this website, you consent to such monitoring and agree that the Trust Fund Office may use the results of such monitoring for any purpose permitted by applicable law.

The Trust Fund Office makes no representation that information, resources and other Materials on this website are appropriate or available for use in other locations.  Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Use of or access to this website shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by the Trust Fund Office.

Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE TRUST FUND OFFICE, THE TRUST FUNDS, THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRIBUTING EMPLOYERS, REPRESENTATIVE LABOR UNIONS, TRUSTEES, SPONSORS, AND OTHER PARTNERS OF EACH (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 ON 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.  FURTHER, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR THE SERVICES, INFORMATION, RESOURCES, LINKS AND/OR OTHER MATERIALS PROVIDED HEREIN IS TO STOP USING THIS WEBSITE AND THOSE SERVICES, INFORMATION, RESOURCES, LINKS AND MATERIALS. WITHOUT LIMITING THE FOREGOING, THE TRUST FUND OFFICE, THE TRUST FUNDS AND THE OTHER RELEASED PARTIES SHALL HAVE NO LIABILITY OR OBLIGATION FOR DELAY OR FAILURE TO PROVIDE THIS WEBSITE AND/OR THE SERVICES, INFORMATION, RESOURCES, LINKS OR OTHER MATERIALS PROVIDED HEREIN WHICH IS DUE TO CIRCUMSTANCES NOT REASONABLY WITHIN THE CONTROL OF THE TRUST FUND OFFICE, INCLUDING, BUT NOT LIMITED TO, DISASTER, INTERNET FAILURE, ANY MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE, WAR, RIOT, OR CIVIL INSURRECTION, WHICH RESULTS IN THE UNAVAILABILITY OF THIS WEBSITE AND/OR THE SERVICES, INFORMATION, RESOURCES, LINKS OR OTHER MATERIALS PROVIDED HEREIN OR THE INABILITY TO TRANSMIT OR RECEIVE INFORMATION ELECTRONICALLY.

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.  

These Terms shall be governed by, construed in accordance with, and enforced under the laws of  the State of California, 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 Orange County, California, and hereby waive the right to contest the exercise of personal jurisdiction over you in the federal and state courts in Orange County, California.

 

WEBSITE PRIVACY POLICY

Use of Information. The Trust Fund Office is concerned with your privacy when you visit this website, just as we are concerned with your privacy in all of your dealings with the Trust Fund Office and the Trust Funds.  While visiting this website or otherwise dealing with us, you may have the opportunity to volunteer personal information.  If, for example, you choose to communicate with us and/or our authorized vendors by e-mail and/or through this website and/or the websites of such authorized vendors, and/ or you choose to register and maintain an on-line account with us, we may need information from you, such as your name, physical street and/or mailing address, e-mail address, phone number, social security number, date of birth, Trust Fund identification number, enrollment information, claims information or other personal information, in order to answer your questions and communicate with you, to provide you with user account access, and/or to provide you with information, services and/or materials requested by or available to you, including, without limitation, enrollment and benefits related services, offers and opportunities.  

To enhance your experience with this website, we may use "cookies", “web beacons”, “clear .gifs” and/or similar technologies.  Cookies are text files we place in you’re the browser of your mobile phone, tablet computer or other wireless device or computer (your “Device”) to store your preferences.  Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us (e.g., by registering an on-line account with us).  However, once you choose to furnish us with personal information, this information may be linked to the data stored in the cookie or similar technologies.  

"Web beacons" or "clear .gifs" are small pieces of code placed on a webpage or in content to monitor the behavior and collect data about the visitors viewing a webpage or certain content.  For example, we may use web beacons to count the users who view a certain webpage or view certain content or to deliver a cookie or similar code to the browser or Device of a visitor viewing that page or content.

We use may also cookies, web beacons, clear .gifs and/or similar technologies, as well as third party analytics tools (such as Google Analytics), to understand usage of this website and to improve the content and offerings on this website.  For example, we may use cookies and/or similar technologies to personalize your experience on this website (e.g., to recognize you by name when you visit this website, and to enable your access to certain features of this website).  We also may use cookies or similar technologies to provide you with certain information, offers and materials (including by collecting information about the searches you conduct via or on this website).  Third party analytics tools may collect cookies, your IP address or other Device identifier information, information about how often you visit this website and what pages you visit when you do so, and other information sent by your browser as part of interactions with this website. We may use the information we get from these analytic tools in connection with operating this website, developing and launching new benefits, resources and materials, and improving your user experience.  The third parties which provide these analytics tools also receive the information collected by such tools, and the use of the information by such third parties is governed by their own terms of use and privacy policies.  

We may also collect IP addresses, Device identifier information, browser, software or operating system information and data, click-stream data and/or other session data for purposes of system administration, to improve this website, and/or other internal uses related to this website.  An IP address is a number that is automatically assigned to your computer whenever you access the Internet.  Our computers identify your computer by its IP address, and our computers identify your Device by its identifier.  When you request pages or content from this website, our computers log your IP address and/or Device identifier.  

In the course of ensuring network security and consistent service for all users, we may also employ software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage our computers, this website or our network, and monitor and tune the performance of this website or our network.  In the course of such monitoring, these programs may detect such information as e-mail headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of our network and computer system.

You can visit us at this website and choose not to share any information about yourself or reveal any information about who you are.  However, the numbers of visitors to this website, Device identifiers and other similar information may be collected automatically.   

Disclosure of Information.  Except as set forth in this privacy policy, or as otherwise authorized by you, we will not use your personal information collected by us as outlined above, or disclose such information  to a third party, unless it is necessary: (i) for the business operations of the Trust Fund Office and/or the Trust Funds (including the payment activities of the Trust Fund Office and/or the Trust Funds, and the healthcare operations and administration of the Trust Funds); (ii) the operation, maintenance and/or security of this website and/or your user account; (iii) to respond to your inquiries; (iv) to provide you with your applicable benefits, other services and/or materials requested by you, and/or other opportunities that may be useful to you (including opportunities offered by the business partners, business associates and vendors of the Trust Funds and/or the Trust Fund Office), and/or (v) to inform you of such benefits, services and opportunities.  Notwithstanding the foregoing, we may disclose your contact and demographic information to the union locals and contributing employers for their internal administrative purposes to the extent permitted by applicable law.  We may also, without your consent, access and disclose your personal information, any communications sent or received by you, and any other information that we may have about you as may be permitted or required by law, regulation, rule or court order pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; or to prevent, investigate or take any other lawful action regarding suspected fraud, violations of these Terms, potential threats to the physical safety of any person, or other activity that we believe to be illegal or may expose us and/or the Trust Funds to legal liability.

Review of Account Information.  We offer you the ability to review and change/update your Account registration, verification and contact information by logging into your Account and entering in the new information yourself [or by contacting us at (714)-220-2297. You must promptly update such information if it changes or is inaccurate.  

Health Information.  The use of your “protected health information” (as such term is defined by the Health Insurance Portability and Accountability Act of 1996 and the regulations issued thereunder (“HIPAA”)) by the Trust Fund Office, the Trust Funds and the Trust Funds’ providers is subject to the applicable Trust Fund’s HIPAA Notice of Privacy Practices.

Email and Similar Communications.  If you wish to opt out of receiving email, text, SMS, auto-dialed/automated recorded calls, and similar communications from us, simply follow the instructions or links contained in the communication, go to your Profile Settings [can we link to this] for this Site and opt-out of such communications or contact us at 714-220-2297 x400 or WebsiteHelp@scufcwfunds.com. You understand that if you opt out of receiving these communications, it may affect our ability to provide you important information about your benefits and related services, offers and materials. Further, with respect to a request to opt-out of e-mail communications, please note that if you later send an e-mail message to the Trust Fund Office or initiate a website request which requires an e-mail response (e.g., username/password change or reminder request), we may respond to such message or request via e-mail. We may also reach out to you via the last e-mail address provided by you in order to verify your current preferred contact information in the event the other contact information you provided the Trust Fund Office may be out dated (e.g., we are unable to contact you regarding important Trust Fund matters).

Modifications to Privacy Policy.  We reserve the right to change this website’s privacy policy from time to time. If we make any substantial changes in the way we use your personal information, we will notify you by posting a prominent announcement on this website. These Terms are not intended to and do not confer you any contractual or other legal rights in respect to the Trust Fund Office, the Trust Funds or any other party.

Children’s Privacy.  We recognize the importance of protecting the privacy of children, and this website is 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. Third party websites linked to on this website 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 Trust Fund Office encourages you to review the privacy policies and terms of use of such third-party websites.