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Terms and conditions
Ubiquity Terms and Conditions
Decimal, Inc. dba Ubiquity, shall hereinafter be referred to as "Ubiquity". Please carefully read the "terms and conditions" which regulate the utilization of the Ubiquity™ Website ("Terms and Conditions") before attempting to access such site. By accessing the Ubiquity™ Website and/or using any of the materials available therein, you acknowledge that you are eighteen (18) years of age or older and that you affirmatively consent to the Terms and Conditions set forth herein. If you do not affirmatively consent to the Terms and Conditions associated with the use of the Ubiquity™ Website, you are prohibited from using such site or any of the materials available therein. Service is the www.myubiquity.com and www.secure.myUbiquity.com website operated by Ubiquity and our affiliated partners.
These Terms and Conditions apply to all Services, in existence now or in the future, whether a sponsored site, managed through a third-party vendor or hosted by a third party ("Websites"). These Terms and Conditions also apply to any resources, tools and/or functionality provided through the Websites, including but not limited to research areas, community forums, chat rooms, blogs, sharing sites and product information ("Materials").
In addition to the Terms and Conditions set forth herein, Ubiquity may also provide for activity or program specific "terms of service" ("Terms of Service"). For example, this might occur when Ubiquity provides interactive Materials and/or enables user generated content. To the extent that the activity or program specific Terms of Service conflict with the Terms and Conditions set forth herein, the activity or program specific Terms of Service shall control but only with regard to the specific activity or program which is regulated by such Terms of Service. Notwithstanding the foregoing, to the extent that the Terms of Service do not conflict with the Terms and Conditions set forth herein, the Terms and Conditions shall continue to apply and remain in full force and effect.
At its sole discretion, Ubiquity may amend or revise the Terms and Conditions and/or Materials at any time and without prior notice to you. Although Ubiquity will generally post such revisions within a reasonable time of the change, Ubiquity makes no commitment and provides no warranty regarding the timing associated with such notification unless otherwise required by law.
The Websites are owned and operated by Ubiquity. For site security and management purposes, all transactions with this server are collected for security, provision of services, and statistical purposes. This computer system uses software programs to create summary statistics which are used for determining technical design specifications, traffic load and to identify system performance or problem areas. This system currently utilizes SSL security with 128-bit encryption for all personal data transmitted.
For site security purposes and to ensure that this service remains available to all users, this computer system employs software programs to monitor network traffic in order to attempt to identify unauthorized attempts to upload or change information or otherwise cause damage.
Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act. If you have any questions or comments about the information presented here, please forward them to the Webmaster at legal@myUbiquity.com.
Your access to the Websites and Materials generally require the establishment of a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. In this regard, it is strongly recommended that you frequently alter your account password in order to attempt to maintain confidentiality.
By using, accessing or attempting to access any aspect of the Websites or Materials that attempt to restrict access through the use of member accounts and/or passwords; you certify that you are the person legally associated with the member account, password, or additional method(s) of authentication being used. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ubiquity immediately of any unauthorized use of your account or any other breach of security that may occur. Ubiquity shall not be liable for any loss that you may incur as a result of the unauthorized use of your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Ubiquity or another party due to such unauthorized use. You may not use anyone else's account at any time, without the express permission of the account holder.
Unauthorized access or use or attempts to access or use the Websites are prohibited and may violate federal and/or state law. Ubiquity may report unauthorized access, use or attempts to access or use to appropriate agencies of law enforcement.
Hardware and Software Requirements
Due to the rapidly evolving nature of web technology, Ubiquity supports the two (2) latest versions of the following web browsers: Chrome, Firefox, Safari, and Internet Explorer. We cannot guarantee the accuracy or functionality of any advice or information offered on the Websites unless viewed in a supported browser.
Electronic Business Transactions
Your acceptance of the Terms and Conditions establishes your consent to transact business electronically with Ubiquity. This includes but is not limited to your agreement that: 1) you are accurately disclosing your identity when using, accessing or attempting to access any aspect of the Websites or Materials; 2) when using, accessing or attempting to access any aspect of the Websites or Materials on behalf of an employer or plan sponsor client of Ubiquity’s, you are authorized to do so and transact business electronically on its behalf; and 3) your interactions with Ubiquity through the Websites, Materials or any other means may be viewed, monitored and/or recorded in order to attempt to prevent and detect fraud.
The Websites may provide you with a Ubiquity e-mail address or virtual message portal to facilitate electronic communications between you and Ubiquity. All e-mails and electronic messages sent to and from Ubiquity will be received or otherwise recorded by our corporate e-mail and messaging system. As such, it is subject to archival, monitoring or review by and/or disclosure to, someone other than the intended recipient. Communications through the Websites may involve the electronic transmission, to any e-mail address you provided to us, of information that you may consider to be personal financial information. You agree and consent to the transmission of such information in this manner. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change the e-mail address you supply to Ubiquity, as appropriate. If you do not update our records and provide new e-mail addresses for participants and plan sponsors, and as a result any email is transmitted from Ubiquity to an unintended recipient, Ubiquity shall not be liable for any loss that you may incur as a result of this error.
Telephone Call Monitoring and Recording
Authorized employees or agents of Ubiquity may monitor and record all or portions of your telephone calls to Ubiquity for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent is ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.
This policy describes the ways that Ubiquity collects, stores, uses and protects the personal information it receives from clients, plan participants, and other persons visiting the Websites, including information related to the past use of Ubiquity products and services
HOW WE USE THE PERSONAL INFORMATION WE COLLECT:
At Ubiquity, our primary purpose in obtaining personal information is to provide you with a safe, smooth, efficient, and customized experience when using our services and when viewing our website. We will obtain and use this information to understand how our clients and others visiting our site use our services, use the resources provided on our site and/or use the resources and information available elsewhere on the internet which have been accessed by a visitor to our website. This information can then be used to assist us as we continually strive to improve our site and make site navigation quicker and more convenient for you. The following are examples of how we use personal information.
- Provide the services and customer support you request;
- Process transactions and send notices to you about your transactions;
- Prevent potentially prohibited or illegal activities, and enforce our User Agreement;
- Customize, measure, and improve our services and the content and layout of our website;
- Send you targeted marketing, service update notices, and promotional offers based on your communication preferences;
- Compare information for accuracy and verify it with third parties.
- Contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
HOW WE COLLECT INFORMATION ABOUT YOU:
When you visit the Websites, we may automatically receive and record information from your computer and browser, including your IP address and standard web log information such as your browser type, the pages you accessed on our website, and software and hardware attributes. By using the Websites or interacting with Ubiquity in any manner (such as communicating with Ubiquity via email or other electronic messages), you consent to the collection, use, and storage of your personal and non-personal information.
We also collect personally identifiable information, when you request informational materials through our online forms that ask for your contact information and company information. We will use your information to provide you with the requested materials, to follow-up with you from time to time via e-mail, mail or telephone, and to provide to you with additional information describing and promoting products and service provided by Ubiquity. Each e-mail you receive from Ubiquity, as a result of having requesting the informational materials, will contain clear instructions for opting out of future e-mail communications offering products and services provided by Ubiquity.
Ubiquity may combine information about you that we have obtained with information we obtain from business partners or other companies.
As a client of Ubiquity, we may collect and store the following types of information from you, , hereinafter ("Personal Data" or "Personal Information").:
- From advisors, companies, and employers, we may obtain information on both the company and employees such as: the name of the company, an employer identification number, details about the company’s retirement plans, an e-mail address and other relevant plan information. The names of employees and their social security numbers, annual incomes, addresses, length of service, gender, marital status, dates of hire, dates of birth, e-mail addresses and other relevant plan information.
- From employees and plan participants, we may obtain general contact information such as: their name, residence and business addresses, phone numbers, e-mail addresses, and other similar information.
- Any information necessary to attempt to resolve disputes and/or troubleshoot problems.
- Any general personal information: birth date, gender, occupation, industry, and personal interests.
- Any general financial information: account balance, compensation information, contribution rates and tax bracket.
- Cookies and Usage Data
- Location data
We may also collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team, or we may store responses and results when you respond to a survey.
When you access the Websites; we, or companies we hire to track how our website is used, may place small data files called "cookies" on your computer. Internet "cookies" are elements of data that a web server gives to your web browser in connection with your visit to a website. We will send cookies to your computer when you log into your account. One of the cookies allows us to recognize you if you visit multiple pages on our site during the same session, so that we don’t need to ask you for your password on each page. Once you log out or close your browser, this cookie expires and no longer has any effect.
Also, our system can automatically gather information about the pages and areas you visit on our website. We can also gather information about the hyperlinks you may click on, and other areas of the internet that you may view in connection with Ubiquity. We may obtain any or all of the following information during your visits to the Websites: the date and time that you have accessed the site; the pages that you have visited on the site and the sequence in which you visit them; the amount of time that you spend on any given page of the site; the internet address of the websites that you visited immediately before visiting the site; the internet address of the website from which you linked directly to the site, if any; the internet address of the website that you visit immediately after leaving the site; the type of operating system used on your computer; and the type of internet browser that you are using to view the site.
We may share aggregated statistical information that has been obtained from cookies with our affiliates, partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information.
You are free to decline our cookies if your browser permits, and you can also erase cookies already stored on your computer. Blocking or deleting our cookies may, however, interfere with your use of the Ubiquity website and some of our online features may not work as intended.
- Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
- Ubiquity may process your Personal Information because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- For payment processing purposes
- To comply with the law
DISCLOSURE OF DATA
- Ubiquity may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Decimal, Inc. dba Ubiquity
- To prevent or investigate possible wrongdoing
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
OUR POLICY ON "DO NOT TRACK" SIGNALS UNDER THE CALIFORNIA ONLINE PROTECTION ACT (CALOPPA)
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Ubiquity aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
- In certain circumstances, you have the following data protection rights:
- The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where Decimal, Inc. dba Ubiquity relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
HOW WE PROTECT AND STORE PERSONAL INFORMATION:
Ubiquity takes every precaution to protect information obtained from clients, plan participants and other persons accessing the Websites. When users submit sensitive information via the website, information is protected both online and off-line.
We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
We store and process your personal information on our computers in the U.S., and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable U.S. federal and state regulations.
We use computer safeguards such as firewalls and data encryption. All information collected and available on our site is protected with the best encryption software in the industry. We update and test our technology regularly to maintain and improve the protection of our customers' information.
YOUR OBLIGATION TO PROTECT INFORMATION:
If you maintain an account with Ubiquity that you access through our website, you are solely responsible for protecting and maintaining the confidentiality of your account and password. You are solely responsible for restricting access to your computer. You accept all responsibility for any and all activities occurring under your account or password that are due to your conduct, inaction or negligence.
HOW WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES:
Ubiquity will not rent, sell, or share personal information about you with non-affiliated people or companies, except under the following circumstances:
- To provide products or services you've requested;
- When we have your authorization;
- When we provide the information to trusted partners who work on behalf of or with Ubiquity under confidentiality agreements. We may share your information with third parties that perform services for us, such as outside vendors who provide online marketing services, or who assist us in sending communications. We also may share your information with third parties to operate or manage our business. All such third parties are prohibited from using, selling, or renting such information for their own purposes or benefit and are required to protect such information from unauthorized use and disclosure;
- When we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- When we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms and Conditions or as otherwise required by law;
RETENTION OF DATA
Ubiquity will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
TRANSFER OF DATA
Your information, including Personal Information, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to United States and process it there.
We may use third-party Service Providers to monitor and analyze the use of our Service.
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
LINKS TO OTHER SITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT DISCLAIMER:
Ubiquity does not market products or services to minor children and does not knowingly collect information from anyone under the age of 13. Therefore, the Websites are not subject to the Children's Online Privacy Protection Act.
No Legal or Investment Advice
Any communications made through the Websites or Materials are intended to provide only general information about the subject matter covered and is provided with the understanding that Ubiquity is not rendering legal, accounting or tax advice. You should consult with appropriate counsel or other advisors on all matters pertaining to legal, tax or accounting obligations and requirements. Retirement and/or financial calculators/calculations which may be provided within the Websites or Materials are provided solely for you to estimate hypothetical future financial or retirement status. You are responsible for the accuracy of any estimates and should not rely solely on these calculators. Seek advice from qualified professionals before you make any investment or retirement decisions.
Clicking on certain links within the Websites may take you to third-party content or may display information on your computer screen from other websites which may not be maintained by Ubiquity. Such websites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the Terms and Conditions applicable to the Websites. Links to other services and websites are provided solely for the convenience of users and are not in any way an endorsement of the service or website, its content, or its sponsoring organization.
You agree that it is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. You use third-party content at your own risk. As such, you also are responsible to review applicable terms and policies, including privacy and data gathering practices of third-party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction conducted therein.
Ubiquity respects the intellectual property rights of others and expects our users to do the same. Pursuant to the Digital Millennium Copyright Act of 1998 , Ubiquity will respond expeditiously to notices of alleged copyright infringement on our Websites that are reported to us, as described below.
Ubiquity prohibits copyright infringing activities on the Websites and will, if properly notified of infringing files, expeditiously remove or disable access to such files. Upon receipt of notice, Ubiquity will take whatever action, in its sole discretion it deems appropriate, including removing or disabling access to the material without prior notice, to the extent it is technologically possible given the nature of the Websites. If you have identified copyrighted work claimed to have been infringed upon, please contact us as follows:
Ubiquity Retirement + Savings Attn: Designated Copyright Agent 44 Montgomery Street, Suite 3060 San Francisco, CA 94104
Intellectual Property and Permitted Use
Ubiquity maintains the Websites, and is the owner or authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Websites, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Ubiquity also owns a copyright in the selection, coordination and arrangement of the material contained within the Websites which includes the Materials.
Ubiquity's Websites, services, and content are intended only for lawful use by customers, Ubiquity employees, and members of the general public and may not be copied, republished, incorporated into another web site or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Ubiquity.
Further, you agree not to engage in any of the following:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Websites or any portion of the Websites, without Ubiquity's express written consent, which may be withheld in Ubiquity's sole discretion.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation to browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Websites, other than the search engines and search agents available through the Websites and other than generally available third-party web browsers (such as those that Ubiquity references under Hardware and Software Requirements as supported browsers).
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Websites.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Websites.
ALL PRODUCTS, SERVICES AND CONTENT ON THE WEBSITES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, 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. Ubiquity MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITES AND THE CONTENT AVAILABLE THEREIN IS AT YOUR SOLE RISK. Ubiquity MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITES IS FREE OF VIRUSES OR ANY OTHER FORM OF MALICIOUS CODE.
While Ubiquity will always attempt to maintain the accuracy of the Websites content, Ubiquity specifically disclaims any duty to update information on the Websites. In addition, while Ubiquity does it's best to maintain 99% uptime, Ubiquity does not warrant or otherwise guarantee continuous, uninterrupted or secure access to the Websites or a linked web site. Also, Ubiquity may revise or change the content or products set forth within the Websites or Materials at any time without providing notice to you.
Limitation of Liability / Indemnification
Ubiquity, ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF INFORMATION AT THE WEBSITES, OR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF Ubiquity SHALL NOT BE LIABLE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITES, MATERIALS, A LINKED THIRD PARTY WEB SITE OR A DELAY OR INABILITY TO USE THE WEBSITES OR A LINKED THRID PARTY WEBSITE REGARDLESS OF WHETHER OR NOT Ubiquity IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, MALICIOUS CODE, HARDWARE OR SOFTWARE INCOMPATIBILITY, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEBSITES OR RELATED INFORMATION OR PROGRAMS.
You agree to indemnify, defend, and hold Ubiquity harmless from any liability, loss, claim or expense, including reasonable attorney's fees and disbursements, actually incurred by Ubiquity as a result of your violation of these Terms and Conditions or use of the services and information provided by the Websites or any Materials provided therein.
The Websites and/or your access to the Websites may be discontinued or substantially modified, temporarily or permanently, by Ubiquity at its sole discretion and at any time without prior notice to you. You agree that Ubiquity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or the services provided therein.
All Websites activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of California, without regard to conflict of law principles. You agree that the federal court of the Northern District of California, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and Ubiquity, pertaining directly or indirectly to these Terms and Conditions, or to any matter arising from these Terms and Conditions, or any other document executed and delivered in connection with these Terms and Conditions, the use of the web site or the online services offered by Ubiquity. If the federal court lacks subject matter jurisdiction, any state court located in San Francisco County, California, will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and Ubiquity each agree to waive the constitutional right to a trial before a jury.
These Terms and Conditions represent the entire understanding between you and Ubiquity with respect to the issues considered herein. In the event of any conflict between these Terms and Conditions and the terms of a third-party agreement, the Terms and Conditions will apply with regard to you and Ubiquity.
If you have any questions about these Terms and Conditions, please contact us:
- By email: email@example.com
- By visiting this page on our website: www.myubiquity.com
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