HomePage

California Workers' Compensation Coverage Inquiry

WCIRB Terms of Use

Effective Date: March 11, 2022

These Terms of Use (or "Terms") are entered into by and between you (or "your" or "user") and the Workers' Compensation Insurance Rating Bureau of California ("WCIRB," "we," "us," or "our"). The terms "you," "your," and "user" mean you personally (the individual who reads and agrees to be bound by these Terms) and if you access or use the WCIRB Offerings (defined below) on behalf of a company or other entity or person, then such terms mean you and such company, entity or person collectively (in which case you further represent that you are authorized to accept these Terms on behalf of such company, entity or person).

These Terms govern your access to and use of this website (the "Website"), including any and all (1) functions, features, applications, portals, platforms and services of any kind provided on or accessible through the Website (collectively, "Services"); and (2) information, data, content, documents, products, reports, summaries, forms, evaluations, plans, text, graphics, images, links, audio, video, scripts, code, software, works of authorship, and other materials provided on or available through the Website or Services (collectively, "Content"). The Website, Services, and Content are collectively referred to in these Terms as the "WCIRB Offerings".

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE WCIRB OFFERINGS. BY ACCESSING OR USING THE WCIRB OFFERINGS, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME, AS WELL AS THE WCIRB PRIVACY NOTICE BELOW, WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF USE. If you do not wish to agree to these Terms of Use, do not access or use any part of the WCIRB Offerings.

The WCIRB may revise and update these Terms of Use at any time by posting the amended terms to the Website. Your continued use of the Website means that you accept and agree to the revised Terms. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the WCIRB Offerings, your sole and exclusive remedy is to discontinue using the WCIRB Offerings. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the "Terms of Use" hyperlink at the bottom of the Website's home page.

1. General

All WCIRB Offerings are copyrighted works and are the sole and exclusive property of the WCIRB or its licensors and are protected to the fullest extent permitted by law, except as otherwise stated in these Terms or in a specific disclaimer found on the WCIRB Offerings. The WCIRB does not claim any copyright in works of the United States government or any political subdivision thereof, nor does it claim copyright in ideas or works consisting entirely of information containing no original authorship or any other items not protectable under copyright law. As between you and the WCIRB, you will remain the owner of any original content or materials which are part of any Submissions (defined below) that you provide through the Website or Services.

Except as specifically provided in these Terms or in a specific disclaimer found on the WCIRB Offerings, all Content is copyrighted © 2001 to date, Workers' Compensation Insurance Rating Bureau of California or its licensors. All rights reserved.

The WCIRB Offerings are made available to you subject at all times to these Terms. You acknowledge that you have no legal right, title or interest in or to any of the WCIRB Offerings, subject only to the limited rights granted in Section 3 (Permitted Uses) below.

Automated or systematic retrieval of Content or other information available on or through the Website or Services is strictly prohibited. Without limiting the foregoing, you shall not use or attempt to use any automatic device, program, algorithm, methodology or other automated means to access, retrieve, copy, or monitor any portion of the Website or any Content. Unless otherwise agreed to by the WCIRB in writing, use of the WCIRB Offerings is permitted only via manually conducted, discrete, individual search and retrieval activities.

2. Secure Services; Account Security

The Website may include non-public Services and Content that are available only to users with a current valid user ID ("User ID") and confidential password ("Password") who are authorized to access and use such non-public Services and Content (collectively, "Secure Services") by a General System Administrator or Company System Administrator (collectively, "System Administrator") designated by the company or other entity ("Company") for which the users are employees, contractors or other authorized users. IF YOU ARE AN EMPLOYEE, CONTRACTOR, OR OTHER REPRESENTATIVE OF SUCH A COMPANY AND ARE AUTHORIZED TO ACCESS AND USE THE SECURE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF USE ARE PART OF ONE OR MORE ONLINE SERVICES AGREEMENTS IN EFFECT ("SERVICES AGREEMENT") BETWEEN THE WCIRB AND THE COMPANY.

You shall not leave your computer or device unattended or otherwise available for access or use by others after you have logged into the Secure Services. You must enter your Password at all times in such a manner that the Password is not revealed to any person observing the entry process. You also must secure your Password in a safe place and otherwise not share it with or disclose it to others. Passwords may not be stored in human-readable form in batch, text, or other easily read file format, shared with any other person, nor hard-coded into any software program. Passwords further may not be stored in automatic login scripts, programmed into function keys, nor stored in a computer without access controls or in other locations where they may be accessed by unauthorized persons.

You must immediately notify WCIRB Customer Service in writing upon becoming aware of any actual or suspected compromise or mishandling of any Password. The current email address for WCIRB Customer Service is customerservice@wcirb.com.

By using the User ID and Password to access and use the Secure Services, you represent, warrant, agree and acknowledge that: (A) you are authorized by the Company to access and use the Secure Services; and (B) you will not exceed or attempt to exceed the clearances granted to you by the applicable System Administrator. UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ATTEMPT TO HACK INTO THE SECURE SERVICES OR TO UNDERMINE ITS SECURITY, IS A VIOLATION OF THESE TERMS AND MAY SUBJECT YOU TO LEGAL ACTION BY THE WCIRB AND CRIMINAL PROSECUTION BY LAW ENFORCEMENT AUTHORITIES.

The foregoing provisions and your obligations hereunder shall survive and not terminate in the event of the termination of the Services Agreement or these Terms or any of your rights (including but not limited to any rights of the Company) and such provisions shall continue in full force and effect.

3. Permitted Uses

  • Public WCIRB Offerings. Subject to the limitations and restrictions set forth in these Terms, the WCIRB hereby grants you the limited and revocable nonexclusive right to:

    • Access and use the Website and all publicly-available Services and Content (collectively, "Public Offerings") and display such Content on your personal computer or wireless device; and

    • Copy, download and print Content available through the Public Offerings, in every case solely for your own internal use, provided that (a) all copyright, trademark and other proprietary notices must be retained, displayed, copied, downloaded or printed as part of the Content and must not be removed or obscured; and (b) you must not engage in any Prohibited Conduct at any time.

  • Secure Services. If you are authorized to access and use the Secure Services (as described in Section 2) and subject to the limitations and restrictions set forth in these Terms and the applicable Services Agreement, the WCIRB hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable and non-assignable right during the Term of the applicable Services Agreement to (solely on behalf of the Company):

    • Access and use the WCIRB Offerings (including the Secure Services) and display, view, download, copy, print and distribute within the Company any of the Content on or from the Website or Services solely for the internal use of Company in its business of transacting workers' compensation insurance in California and not for use in marketing or for promotional purposes or any similar purposes ("Business Use"); and

    • Prepare limited excerpts or summaries of the Content obtained through the Secure Services (including to populate policy-related documents) (collectively, "Policies and Summaries") and distribute or submit such Policies and Summaries: (a) to applicable policyholders solely in connection with the Business Use; (b) to appropriate governmental or regulatory agencies solely as necessary to comply with the requirements of such agencies; or (c) as necessary in connection with any litigation or other legal proceeding or arbitration between the Company concerning the subject matter of these Terms or the Services Agreement; provided, in each such case, that reasonable protections are instituted to the extent possible to protect the confidentiality of such Policies and Summaries, including all Content contained therein.

The use of the WCIRB Offerings for any purpose not expressly permitted by these Terms (or an applicable Services Agreement) is prohibited. These limited and revocable rights terminate automatically, without notice to you, if you breach any of these Terms.

4. Prohibited Conduct

Without limiting your other obligations under these Terms and in addition to them, all access to and use of the WCIRB Offerings shall be subject to your obligation to not, and you hereby agree that you shall not, do any of the following either directly or through intermediaries, in each case whether in whole or in part or in any manner; and you further agree not to cause or permit or authorize any other person or entity to do any one or more of the following at any time (collectively "Prohibited Conduct"):

  • IF YOUR ACCESS TO THE WCIRB OFFERINGS IS LIMITED TO THE PUBLIC OFFERINGS:

    • Alter or modify any part of the WCIRB Offerings or engage in any other act which undermines the integrity or functionality of the Website or Services or restricts, interferes with or inhibits the access to or use of the WCIRB Offerings by other users;

    • Transmit any content or software or other computer code (whether through upload, post, email or otherwise) which contains a virus, Trojan horse, worm or other harmful component designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or software;

    • Circumvent or disable any security or data protection measures implemented by or for the WCIRB;

    • Modify, falsify or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including but not limited to any WCIRB Content) on the WCIRB Offerings;

    • Copy, post, publish, transmit, reproduce, disclose, modify, create derivative works of, distribute or in any manner otherwise exploit any of the Content (other than as may be expressly permitted in and subject to Section 3 of these Terms);

    • Transmit information, content, software, components or other material onto the WCIRB Offerings which (a) infringes or misappropriates the intellectual property rights or other legal rights of any third party or (b) constitutes unlawful, obscene, harassing or offensive content or activity;

    • Decompile, reverse engineer, disassemble or otherwise derive or attempt to derive the source code of the Website or Services;

    • Frame or link to any of the WCIRB Offerings without the prior written consent of the WCIRB, which may be withheld in its sole and absolute discretion;

    • Offer or sell or otherwise distribute WCIRB Offerings to other persons or entities based on the use of the Website or Services, including without limitation as any part of a service provider or service bureau or similar service; and/or

    • Violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code or ordinance.

  • IF YOUR ACCESS TO THE WCIRB OFFERINGS INCLUDES THE SECURE SERVICES:

    • Provide the WCIRB Offerings (including the Secure Services), or any portion thereof or any access thereto, in any form or media or manner to any third party, whether directly or indirectly, without the prior written approval of the WCIRB (including, but not limited to, any approval granted pursuant to a separate agreement with the WCIRB).

    • Permit or enable others to access or use any of the WCIRB Offerings (including the Secure Services) using your User ID or Password, unless you have been specifically authorized to do so pursuant to a separate agreement with the WCIRB.

    • Engage in any systematic or automated retrieval of data or other Content from the Website or Services (including the Secure Services), unless you have been specifically authorized to do so pursuant to a separate agreement with the WCIRB.

    • Directly or indirectly operate or offer or sell or otherwise perform or distribute any product or information or services or assistance to any other person based on the use of any of the WCIRB Offerings (including the Secure Services) or any portion or excerpt or summary thereof, including but not limited to as any part of a service provider or similar service; or assist or support any person in doing any of the foregoing;

    • Alter or modify any part of the WCIRB Offerings (including the Secure Services) or engage in any other act which undermines the integrity or functionality of the WCIRB Offerings (including the Secure Services) or restricts, interferes with or inhibits the access to or use of the WCIRB Offerings (including the Secure Services) by other users;

    • Transmit or upload to the Website or Services (including the Secure Services) or any network or system or computer hosting or distributing the WCIRB Offerings any content or software or other computer code (whether through upload, post, email or otherwise) which contains a virus, Trojan horse, worm or other harmful component designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or software;

    • Circumvent or disable any security or data protection measures implemented by or for the WCIRB;

    • Modify, falsify or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including but not limited to any Content) on the Website or Services;

    • Copy, post, publish, transmit, reproduce, disclose, modify, create derivative works of, distribute or in any manner otherwise exploit any of the Content other than as may be expressly permitted in and subject to the terms and conditions of the Services Agreement;

    • Upload or submit or transmit data, information, content, software, components or other material onto the Website or Services (including the Secure Services) which (a) infringes or misappropriates the intellectual property rights or other legal rights of any third party, (b) constitutes unlawful, obscene, harassing or offensive content or activity or (c) breaches or violates any privacy or confidentiality or other legal obligations;

    • Decompile, reverse engineer, disassemble or otherwise derive or attempt to derive the source code of any part of the Website or Services (including the Secure Services);

    • Frame or link to any of the WCIRB Offerings (including the Secure Services) without the prior written consent of the WCIRB, which may be withheld in its sole and absolute discretion;

    • Any act or omission that materially breaches or would materially breach any of these Terms; or

    • Violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code or ordinance.

The applicable foregoing provisions and your obligations hereunder shall survive and not terminate in the event of the termination of these Terms (or termination of the Services Agreement, if applicable) or any of your rights and such provisions shall continue in full force and effect.

5. Confidential Information

Content provided on or by or through the Secure Services (including but not limited to Content submitted or uploaded by others) is confidential and proprietary to the WCIRB. You hereby agree to keep such Confidential Information secure and in strict confidence, but in all events using at least the same care and diligence that the Company uses with respect to its own confidential information, and you shall not use any of the Confidential Information other than as expressly authorized by these Terms or an applicable Services Agreement. Except as otherwise expressly authorized by these Terms (or an applicable Services Agreement) and without limiting the other restrictions and obligations under these Terms, you shall not directly or through any person disclose, disseminate, distribute, publish or transmit any of such Confidential Information to any third party, without the prior written approval of the WCIRB and (if applicable) the owner of such Confidential Information.

The foregoing provisions and your obligations hereunder shall survive and not terminate in the event of the termination of these Terms (or the termination of the Services Agreement, if applicable) or any of your rights (including but not limited to any rights of the Company) and such provisions shall continue in full force and effect.

6. Modification or Updates to the WCIRB Offerings

THE WCIRB HEREBY RESERVES AND SHALL HAVE THE UNILATERAL RIGHT TO CHANGE, AMEND, MODIFY, ADD TO, ALTER, UPDATE OR REMOVE (COLLECTIVELY "MODIFY OR UPDATE") ANY PART OF THE WCIRB OFFERINGS IN ITS SOLE DISCRETION AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE.

7. Submissions

In the event that you post or upload or otherwise submit or cause the submission of any information or data or other content or materials of any kind to or onto or by means of the Website or Services (collectively "Submissions"), you hereby grant to the WCIRB and its affiliates, successors, assigns and transferees an irrevocable, perpetual, worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, transferable, fully paid and royalty-free right and license to use, copy, reproduce, distribute (through multiple tiers), disclose, create derivative works of, display, perform, make, have made, sell, offer for sale, import, practice, compile or combine with other data or information, modify, alter, edit, excerpt, summarize and/or otherwise exploit in any manner (collectively "Use") such Submissions in any digital or other media now known or hereafter developed without compensation to you or the Company or other person or entity, with such grant being made continuously as of each such Submission. None of the Submissions will be subject to any obligation, whether of attribution or otherwise, on the part of the WCIRB or any other third person, and you hereby irrevocably waive and release the same to the fullest extent not prohibited by applicable law, and none of WCIRB or the other licensees shall be liable for any Use of any Submissions in whole or in part. Notwithstanding any provision of these Terms to the contrary, the WCIRB shall use data, information, submissions, or other materials of whatever kind, submitted to or collected by the WCIRB under these Terms, solely for purposes authorized by the California Insurance Code, California Code of Regulations or the WCIRB's Constitution or Bylaws, as any of those authorities may be amended from time to time.

8. Nontransferable

None of these Terms or your rights or obligations under these Terms may be assigned or transferred or delegated or sublicensed by you, whether voluntarily or involuntarily, or by merger or operation of law or otherwise (collectively "Transfer"), to any third party at any time, unless you have been specifically authorized to do so pursuant to a separate agreement with the WCIRB. Any purported Transfer shall be null and void and shall be deemed a material breach of these Terms. The WCIRB may Transfer these Terms or any or all of its rights and obligations hereunder to any person or entity at any time without the consent of or notice to you.

9. News Items and Alerts

The Website and Services may periodically provide or distribute news items of general interest to users of the Website and Services and provide news alerts and other information at your request or the request of others. Publishers of news items or alerts or other information do not generally obtain releases from the subjects, individuals, groups, or entities that are shown in their photographs or graphics or quoted in their texts. No clearance is obtained from the owners of trademarks or copyrighted materials whose marks or materials are included in news items. Therefore, you will be solely responsible for obtaining any and all necessary releases if you copy or distribute or publish or otherwise use news items or alerts or other information that you find on this Website. NEITHER THE WCIRB NOR ANY OTHER PUBLISHER OR NEWS SERVICE WILL BE LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN ANY NEWS MATERIAL OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF OR FOR ANY LIABILITIES OR DAMAGES ARISING FROM ANY OF THE FOREGOING, ALL OF WHICH ARE HEREBY DISCLAIMED.

10. Third-Party Content and Websites

The WCIRB relies on data and other information provided by numerous third parties in connection with the Content and has no review process to verify or confirm the accuracy or completeness of such data and information. NEITHER THE WCIRB NOR ANY THIRD-PARTY PROVIDER OF DATA OR OTHER INFORMATION WARRANTS OR GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT, AND ALL SUCH WARRANTS AND GUARANTEES ARE HEREBY DISCLAIMED.

There may be links established between the Website or Services and other websites on the Internet (including but not limited to websites maintained by government agencies, educational institutions and other entities) which are not controlled or maintained or monitored by the WCIRB. These links are offered as a convenience and for informational purposes only, and not as referrals or endorsements by the WCIRB. The linked websites are maintained by their respective organizations, and those organizations are solely responsible for the content and operation of their own websites. The content, accuracy, completeness, opinions expressed, and other links provided by other websites therefore are neither verified nor endorsed by the WCIRB, and the WCIRB shall have no responsibility for the same.

In addition, the Website or Services may contain links to other restricted websites or information which require an additional subscription or other permission in order to access and use such websites or information, and the users of the Website and Services may not access or use such websites or information without a separate subscription or other permission.

The foregoing provisions shall survive and not terminate in the event of the termination of the Services Agreement (if applicable) or these Terms or any of your rights and such provisions shall continue in full force and effect.

11. Indemnification

NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:

  • Indemnification. YOU AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS AND DEFEND (THE FOREGOING COLLECTIVELY "INDEMNIFY" OR "INDEMNIFICATION" OR ANY VARIATION THEREOF FOR ALL PURPOSES OF THESE TERMS) EACH AND ALL OF THE WCIRB, ITS AFFILIATES, THE MEMBERS OF WCIRB COMMITTEES IN THEIR CAPACITY AS COMMITTEE MEMBERS, AND ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY "WCIRB INDEMNITEES") FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, OBLIGATIONS, CLAIMS, DEMANDS, ACTIONS, SUITS, COSTS, EXPENSES, DAMAGES, JUDGMENTS OR AWARDS OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND OTHER REASONABLE EXPENSES ASSOCIATED WITH LITIGATION OR OTHER PROCEEDINGS, AND ANY COSTS INCURRED PURSUING INDEMNIFICATION CLAIMS HEREUNDER), WHETHER ACTUAL OR THREATENED AND WHETHER OR NOT INVOLVING A THIRD-PARTY CLAIM, WHICH ARISES OUT OF OR RELATES TO OR IS CONNECTED IN ANY MANNER WITH (I) ANY BREACH OF THESE TERMS BY YOU; (II) ANY ACCESS TO OR USE OF ANY OF THE WCIRB OFFERINGS BY ANY THIRD PARTY TO WHICH YOU DIRECTLY OR THROUGH INTERMEDIARIES DISCLOSE OR TRANSFER OR DISTRIBUTE OR OTHERWISE PROVIDE ANY PART OF THE WCIRB OFFERINGS (REGARDLESS OF WHETHER ANY SUCH THIRD PARTY ACCESS OR USE IS AUTHORIZED BY THE WCIRB); (III) WITHOUT LIMITING THE FOREGOING, THE RELEASE OR OTHER DISCLOSURE OF ANY EXPERIENCE RATING INFORMATION BY YOU DIRECTLY OR THROUGH INTERMEDIARIES TO ANY THIRD PERSON (REGARDLESS OF WHETHER ANY SUCH RELEASE OR DISCLOSURE IS AUTHORIZED BY THE WCIRB); (IV) ANY OTHER UNAUTHORIZED USE OF THE WCIRB OFFERINGS; (V) ANY SUBMISSION UPLOADED OR SUBMITTED OR OTHERWISE POSTED BY YOU; OR (VI) ANY VIOLATION OF APPLICABLE LAW, OR ANY ONE OR MORE OF THE FOREGOING (COLLECTIVELY "CLAIMS"); IN EACH CASE WHETHER OR NOT CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE WCIRB OR ANY WCIRB INDEMNITEE. NOTWITHSTANDING THE PRECEDING SENTENCE, YOU SHALL NOT BE REQUIRED TO INDEMNIFY THE WCIRB FOR CLAIMS TO THE EXTENT RESULTING FROM THE WILLFUL MISCONDUCT OF THE WCIRB. THIS INDEMNIFICATION ALSO INCLUDES BUT IS NOT LIMITED TO EXPENSES INCURRED IN SETTLEMENT OF CLAIMS, OR ACTIONS OR SUITS OR JUDGMENTS OR AWARDS ARISING OUT OF CLAIMS.

  • Defense and Compromise. THE WCIRB OR OTHER WCIRB INDEMNITEES MAY PARTICIPATE AND APPEAR AT THEIR OWN EXPENSE ON AN EQUAL FOOTING WITH YOU OR THE COMPANY IN THE DEFENSE OF ANY CLAIMS. THE WCIRB SEPARATELY RESERVES THE RIGHT AND OPTION IN ITS SOLE DISCRETION, AT YOUR EXPENSE OR THE EXPENSE OF THE COMPANY, TO UNDERTAKE THE CONTROL AND CONDUCT OF THE DEFENSE OF ANY CLAIM SUBJECT TO YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, INCLUDING FOR THE AVOIDANCE OF DOUBT, BUT NOT LIMITED TO, (I) ANY CLAIM PRIMARILY ARISING OUT OF OR RELATING TO THE OWNERSHIP, SCOPE, VALIDITY, ENFORCEMENT OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THE WCIRB (COLLECTIVELY "RIGHTS CLAIMS"), AND (II) IF AN ADVERSE JUDGMENT ON A THIRD PARTY CLAIM WOULD ESTABLISH A PRECEDENT THAT WOULD BE MATERIALLY DAMAGING TO THE CONTINUING BUSINESS INTERESTS OF THE WCIRB. YOU AGREE TO NOT MAKE ANY ADMISSION OF LIABILITY OR SETTLEMENT OR COMPROMISE IN RESPECT OF ANY CLAIM SUBJECT TO INDEMNIFICATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE WCIRB, WHICH SHALL NOT BE UNREASONABLY WITHHELD.

  • Cumulative Remedies. THE INDEMNIFICATION OBLIGATIONS PROVIDED FOR IN THESE TERMS (OR THE SERVICES AGREEMENT, IF APPLICABLE) SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER REMEDY AT LAW OR IN EQUITY THAT MAY BE AVAILABLE TO THE WCIRB.

  • Equitable Indemnity. FOR THE AVOIDANCE OF DOUBT, NEITHER THE WCIRB NOR ANY WCIRB INDEMNITEE SHALL BE LIABLE FOR ANY FORM OF EQUITABLE OR IMPLIED INDEMNIFICATION WITH RESPECT TO ANY OF THE WCIRB OFFERINGS OR ANY OTHER SUBJECT MATTER OF THESE TERMS OR OTHERWISE.

THE FOREGOING PROVISIONS AND YOUR OBLIGATIONS HEREUNDER SHALL SURVIVE AND NOT TERMINATE IN THE EVENT OF THE TERMINATION OF THESE TERMS (OR THE TERMINATION OF THE SERVICES AGREEMENT, IF APPLICABLE) OR ANY OF YOUR RIGHTS (INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF THE COMPANY) AND SUCH PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.

12. Warranties and Disclaimers

NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:

  • Disclaimers. THE WCIRB OFFERINGS, INCLUDING BUT NOT LIMITED TO THIS WEBSITE AND ALL INFORMATION, DATA, PRODUCTS, MATERIALS, PLATFORMS, SERVICES AND OTHER CONTENT (INCLUDING BUT NOT LIMITED TO THIRD PARTY DATA OR SERVICES OR OTHER CONTENT) INCLUDED IN OR ON OR ACCESSIBLE FROM THE WEBSITE OR BY ANY DATA TRANSFER INVOLVING THE SAME, AND EACH OF THE FOREGOING, ARE BEING PROVIDED TO YOU AND ANY RELATED PERSON OR ENTITY "AS IS" AND WITH ALL FAULTS. ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED OR STATUTORY) OF THE WCIRB OR ANY AFFILIATE OR OTHER RELATED PERSON OR ENTITY ARE HEREBY EXCLUDED AND DISCLAIMED, INCLUDING BUT NOT LIMITED TO (I) ANY AND ALL IMPLIED OR OTHER WARRANTIES OF TITLE OR NON-INFRINGEMENT, (II) ANY AND ALL IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY OR TIMELINESS, AND (III) ANY REPRESENTATION OR WARRANTY THAT THE SERVICES AND WEBSITE WILL BE SECURE, RELIABLE, TIMELY, UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE AND SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING.

  • At Risk. ANY ACCESS TO OR USE OF THE WCIRB OFFERINGS SHALL BE AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND BEARING ALL RISKS ASSOCIATED WITH THE USE OF THE WCIRB OFFERINGS.

THE FOREGOING PROVISIONS SHALL SURVIVE AND NOT TERMINATE IN THE EVENT OF THE TERMINATION OF THESE TERMS (OR THE TERMINATION OF THE SERVICES AGREEMENT, IF APPLICABLE) OR ANY OF YOUR RIGHTS (INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF THE COMPANY) AND SUCH PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.

13. Limitation of Liabilities

NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS OR ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OF ANY KIND, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:

  • Disclaimers. NEITHER THE WCIRB NOR ITS AFFILIATES NOR ANY OF ITS MEMBERS IN THEIR CAPACITY AS MEMBERS, NOR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "WCIRB PERSONS") SHALL BE LIABLE OR RESPONSIBLE FOR ANY IMPROPER OR INCORRECT PREPARATION, DISSEMINATION OR USE OF ANY OF THE WCIRB OFFERINGS OR SUBMISSIONS; AND ANY SUCH LIABILITY OR RESPONSIBILITY IS HEREBY DISCLAIMED AND NOT ASSUMED. YOU ACKNOWLEDGE THAT THE WCIRB OFFERINGS AND SUBMISSIONS MAY OR MAY NOT REFLECT THE MOST CURRENT INFORMATION AVAILABLE FROM THE WCIRB AND NEITHER THE WCIRB NOR ANY WCIRB PERSON SHALL BE OBLIGATED TO CONFIRM THE CORRECTNESS OR COMPLETENESS OF THE SAME.

  • Damages. NEITHER THE WCIRB NOR ANY WCIRB PERSON SHALL BE LIABLE FOR ANY LOSSES, LIABILITIES, OBLIGATIONS, CLAIMS, DEMANDS, ACTIONS, SUITS, COSTS, EXPENSES, DAMAGES, JUDGMENTS OR AWARDS OF ANY KIND OR NATURE (COLLECTIVELY "DAMAGES OR OTHER LOSSES"), OR FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR OTHER LOSSES OF ANY KIND, WHETHER SUCH CLAIM OR ACTION IS BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF THE WCIRB OR ANY OTHER PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OTHER LOSSES, WHICH IN ANY MANNER ARISES OUT OF OR RELATES TO OR IS IN CONNECTION WITH ANY OF THE FOLLOWING: (I) ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE WCIRB OFFERINGS, (II) WITHOUT LIMITING THE FOREGOING, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OR ANY RELIANCE ON ANY INFORMATION OR DATA OR OTHER CONTENT; (III) USE OF OR INABILITY TO USE ANY DATA OR OTHER TRANSFER HEREUNDER (WHETHER TO OR FROM THE WCIRB); OR (IV) USE OF OR RELIANCE ON ANY INFORMATION OR DATA OR OTHER CONTENT CONTAINED IN A DATA TRANSFER HEREUNDER.

  • Sole Remedy. THE SOLE REMEDY AND RECOURSE WHICH YOU OR ANY OTHER PERSON OR ENTITY SHALL HAVE WITH RESPECT TO ANY OF THE FOREGOING MATTERS OR OTHER DISSATISFACTION WITH ANY OF THE WCIRB OFFERINGS AND/OR ANY DATA TRANSFER (WHETHER TO OR FROM THE WCIRB) SHALL BE TO STOP USING THE WCIRB OFFERINGS. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OR ARBITRATOR OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE OR UNENFORCEABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT THE SOLE AND TOTAL LIABILITY OF THE WCIRB AND/OR ANY WCIRB PERSON FOR ANY AND ALL DAMAGES OR OTHER LOSSES FOR ALL MATTERS TO ALL PERSONS OR ENTITIES (INCLUDING BUT NOT LIMITED TO THE COMPANY, WHERE APPLICABLE) SHALL BE LIMITED IN THE AGGREGATE TO THE LESSER OF (I) THE TOTAL AMOUNT OF THE SECURE SERVICES FEES (IF ANY) PAID BY OR FOR THE COMPANY TO THE WCIRB FOR THE PRIOR TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE RELEVANT CLAIM AROSE, OR (II) THE TOTAL MEMBERSHIP FEES AND ASSESSMENTS ALLOCABLE TO THE COMPANY FOR SUCH PURPOSE FOR THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH THE RELEVANT CLAIM AROSE, WHICHEVER IS LESS. THE FOREGOING LIMITATION OF LIABILITIES SHALL NOT BE INCREASED BY MULTIPLE CLAIMS OR ACTIONS WHETHER OF THE SAME OR A DIFFERENT TYPE. YOU FURTHER AGREE THE FOREGOING LIMITATION OF LIABILITIES IS FAIR AND REASONABLE UNDER THE CIRCUMSTANCES.

THE FOREGOING PROVISIONS SHALL SURVIVE AND NOT TERMINATE IN THE EVENT OF THE TERMINATION OF THESE TERMS (OR THE TERMINATION OF THE SERVICES AGREEMENT, IF APPLICABLE) OR ANY OF YOUR RIGHTS (INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF THE COMPANY) AND SUCH PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.

14. Trademarks

Workers' Compensation Insurance Rating Bureau of California, WCIRB, WCIRB California, WCIRB Connect, WCIRB Inquiry, WCIRB CompEssentials, X-Mod Direct, eSCAD, Comprehensive Risk Summary, X-Mods and More, Annual Business Comparative, Class-in-tel and the WCIRB logo are trademarks and trade names and service marks and logos belonging to the WCIRB. Other non-WCIRB marks used in or on the WCIRB Offerings belong to third-party trademark owners. Except as permitted by applicable laws or as otherwise expressly provided in these Terms, you are prohibited from displaying or using any of the trademarks and trade names or service marks or logos appearing in or on the WCIRB Offerings without express written consent from the WCIRB or from the respective trademark owners, which may be withheld in their sole discretion.

15. Copyright Infringement Claims

If you believe that any copyright infringement exists on the WCIRB Offerings or any website with a hyperlink to the WCIRB Offerings, please use the following process to notify the WCIRB. All claims of copyright infringement should be in writing and should be directed to our designated agent below:

Workers' Compensation Insurance Rating Bureau of California
Attn: Senior Vice President, Chief Legal Officer
1901 Harrison Street, 17th Floor
Oakland, CA 94612

Please include the following information:

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

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single website are covered by a single claim, a representative list of such works at that website.

  • 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 WCIRB to locate the material.

  • Information reasonably sufficient to permit the WCIRB to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16. Termination and Suspension

Your access to and use of the WCIRB Offerings are subject to the permission of the WCIRB and the WCIRB reserves the right to suspend or terminate your access to the WCIRB Offerings in whole or in part at any time without notice and with or without cause. Without limiting the foregoing, any conduct by you that violates any of these Terms may result in (i) the suspension or termination of your access to and use of the WCIRB Offerings, and, where applicable, (ii) notification to the Company, the System Administrator, the California Department of Insurance and/or other appropriate governmental entities, at the sole and absolute discretion of the WCIRB and with or without notice, in addition to any other remedies set forth herein or under applicable law.

17. Entire Agreement

These Terms (which incorporate the WCIRB Privacy Notice) constitute the sole and entire agreement between the WCIRB and you relating to the WCIRB Offerings or other subject matter hereof (subject to, if applicable, the Services Agreement of which these Terms are a part of and incorporated into, and further subject to any other specific written addendum or agreement between the WCIRB and you or the Company concerning the subject matter of these Terms). No act or omission of the WCIRB may be construed as a waiver of any part of these Terms or the Privacy Policy.

18. Severability

If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction or a final arbitration award to be invalid, void or otherwise unenforceable, the remainder of these Terms and such provision as applied to other persons, places and circumstances shall remain in full force and effect.

19. Waiver

No waiver of these Terms is effective unless in writing and signed by the party against whom the waiver is being asserted. The waiver of any breach of these Terms shall not constitute a waiver or any other or subsequent breach.

20. Arbitration

Except any Rights Claims (which shall be subject to litigation), any dispute arising from or relating to or in connection with these Terms or the subject matter thereof shall be subject to binding arbitration by a single arbitrator, in accordance with the current prevailing commercial dispute rules of JAMS (www.jamsadr.com) as modified and supplemented by procedures of this Section. The arbitrator shall have the authority to grant injunctive relief and specific performance to enforce these Terms. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding any contrary provisions, any arbitration shall be conducted and resolved solely on an individual basis and not a class-wide, multiple plaintiff, or similar basis. No party or other person shall have any right or authority to arbitrate any matters or claims on a class action basis, and no arbitration shall be consolidated with any other arbitration proceeding involving any other person.

21. Governing Law and Jurisdiction

These Terms and all matters arising out of or relating to or in connection with these Terms shall be governed by the laws of the State of California, United States of America, without reference to conflicts of law principles. Subject to the foregoing Section 20 (Arbitration), any and all suits and other proceedings under these Terms (including but not limited to any suit or proceeding in the case of any and all Rights Claims) must be brought in the superior or federal courts in the State of California in the County of San Francisco or Alameda, and each of the parties acknowledges and agrees that such courts shall have exclusive jurisdiction and venue over all disputes arising out of or relating to or in connection with these Terms. The WCIRB also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located.

You acknowledge that your material breach of these Terms could cause irreparable harm to the WCIRB for which monetary damages may be inadequate. The WCIRB may bring an action in any court of competent jurisdiction wherever located for injunctive or equitable relief relating to any of its intellectual property rights or confidential information or any other material breach of these Terms by you, without the necessity of posting bond or any other security.

22. Attorneys' Fees

If any legal action or proceeding or arbitration, including but not limited to an action for arbitration or injunctive relief, is brought relating to or in connection with these Terms or the subject matter hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including but not limited to all court costs, arbitration fees and actual attorneys' fees paid or incurred in good faith.

23. Interpretation

Headings used in these Terms are for reference purposes only and shall not be deemed a part of these Terms. When the context requires, the plural shall include the singular and the singular the plural, and any gender shall include any other gender. No provision of these Terms shall be construed against a party because the party or its representative was the drafter thereof.

24. Representations

You represent and warrant that you have the right, power and authority to enter into these Terms and to perform and discharge all of your obligations under these Terms.

WCIRB Privacy Notice

Effective Date: March 11, 2022

The Workers' Compensation Insurance Rating Bureau of California ("WCIRB," "we," "us," or "our") is committed to respecting your privacy. This privacy notice describes how we and some of the companies we work with collect, use, share, and protect information in connection with our websites, portals, mobile apps, and other online applications (collectively, the "Website"), and your choices and rights regarding the collection and use of your information.

This privacy notice applies to any WCIRB Website that displays or links to this privacy notice and to all members, agents, brokers, policyholders, workers, users, and other visitors who access the Website from the United States (collectively, "users"). This privacy notice does not apply to websites, portals, mobile apps, or other online applications that have their own privacy statement or otherwise do not display or link to this privacy notice. In addition, this privacy notice does not apply to information collected offline.

Some of the concepts below are a bit technical, but we tried our best to explain things in a straightforward and transparent way. If you have any questions or comments about this privacy notice, the ways in which we collect and use the information described below, or your choices and rights regarding such use, please do not hesitate to contact us:

Phone: 888.CA.WCIRB (888.229.2472)       Email: customerservice@wcirb.com
Postal Address: Workers' Compensation Insurance Rating Bureau of California,
Attn: Customer Service Department, 1901 Harrison Street, 17th Floor, Oakland, CA 94612

Information We Collect

Our Website collects information that either directly identifies you or could reasonably be used in combination with other information to identify you ("personal information"). Examples of personal information include your name, postal address, email address, telephone number, billing and payment information, and any other information provided in combination with such identifiers. Personal information does not include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, computer, or device, whether in combination with other information or otherwise.

Our Website may also collect certain technical data and other information that does not directly identify you (for example, by name or contact information), but which may be used to identify a specific computer or device that has accessed our Website, such as your computer's Internet protocol (IP) address or device's unique device identifier.

We collect this personal information when you provide it to us directly through the Website, automatically through your use of the Website, and from our partners and service providers and publicly-available sources.

Information You Provide
You may choose to give us certain personal information in order to use or interact with our Website. This can include your name, postal address, email address, telephone number, billing and payment information, date of birth, employer information and job title, and any other information provided in combination with such identifiers (such as annual income, education, survey responses, inquiry submissions, and Website enrollment information). For example:

  • If you create an account (for example, a WCIRB Connect account) or enroll in a service available through the Website (for example, the WCIRB AnalyticsPortal and WCIRB Inquiry services or eSCAD), you may provide your name, company name and address, telephone number, email address, postal address, fax number, California License Number, and any other information necessary to establish and maintain your account or enroll you in the service.

  • If you order or request products and services through the Website (for example, by submitting a Policyholder Experience Rating Worksheet Request Form, Coverage Research Service Request, or other product order form), you may provide your name, telephone number, email address, postal address, delivery information, company, payment method and payment card information, the products or services ordered, and any other information necessary to facilitate your particular order. In addition, if you are an injured worker submitting a Coverage Research Service Request, you may provide your name, date of injury, employer information, WCAB Number, insurer information, claim number, email address, telephone number, postal address, and payment method and financial information.

  • If you submit a WCIRB Speaker Request Form or otherwise request WCIRB staff to speak at an event, you may provide your name, organization information, telephone number, email address, postal address, and any other information you include with your submission.

  • If you submit an inquiry using the Customer Experience online form or otherwise contact us through the Website, you may provide your name, contact information, company name and address, and any other information you include with your inquiry.

  • If you sign up to receive information about our products and services or register for our email alerts, you may provide your name, email address, company name, the product, service or alert you are interested in, and postal code.

  • If you register for one of our webinars or other events, you may provide your name, email address, telephone number, company name, event you are interested in, and any other information necessary to facilitate your event registration.

  • If you apply for a job or submit a resume through the Website, we will collect any personal information included in your application or resume, such as name, phone number, resume information, gender, ethnicity, cover letter content, education and field of study, current title and employer, and referring employee (if applicable).

Information Generated Through Your Use of the Website
Like most websites and other online services, our Website collects certain information that is created and recorded automatically when you use or interact with our Website. This information includes the following:

  • Log Data. When you use or interact with the Website, our servers record certain information that is automatically reported by your browser (such as Apple's Safari, Google's Chrome, or Mozilla's Firefox) or device each time you make a request to access the Website or when Website content is downloaded to your browser or device ("log data"). This log data may include your IP address (which may change each time you connect to the Internet—a "dynamic" IP address—or may remain the same—a "static" IP address), browser settings, device information, referring page and URL, the date and time of your request, Website features or pages viewed, app crash data and other system activity, and cookie data. We may also collect similar data from emails sent to our users in order to help us track which emails are opened and which links are clicked by recipients.

  • Device Information. In addition to log data, we may collect certain information about the device you're using to access the Website ("device information"), such as the device type, operating system and version, device settings, unique device identifier, advertising identifiers, device motion information, mobile network information, and crash data. Whether we collect some or all of this device information often depends on what type of device you're using and its settings. For example, different types of information are available depending on whether you're using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please check the policies of your device manufacturer or software provider.

  • Location Information. Depending on the Website features or content and your computer or device permissions, the Website may collect information about your approximate or precise location ("location information"). Various technologies may be used to collect this location information, such as IP address, GPS, and other sensors that may provide information on nearby devices, Wi-Fi access points, and cell towers.

  • Transaction Data. When you request, purchase, or use products and services available through the Website, we may collect certain transaction details related to such request, purchase, or use, such as the type of product or service requested, the date and time the product or service was requested and provided, amount charged, payment method, purchase and correspondence history, and other related transaction details ("transaction data").

  • Cookie Data. Our Website may use cookies, pixel tags, software development kits, statistical identifiers, and similar technologies (collectively, "cookies and similar technologies") to collect and store certain log data and other information when you visit or interact with our Website in order to identify your browser or device and enable certain features and functionality. These cookies and similar technologies, including their use on the Website and your choices regarding such use, are further described under Use of Cookies and Similar Technologies below.

Information Received from Third Parties
We may receive information about you and your activity on and off the Website from members, insurers, brokers, agents, legal representatives, administrators, service providers, and other third parties. For example:

  • If you're an injured worker, we may receive personal information about you from your legal representative or other requesting individual if they submit a Coverage Research Service Request, including your name, date of injury, employer information, WCAB Number, insurer information, and claim number.

  • If your organization creates an account (for example, a WCIRB Connect account) or enrolls in a service available through the Website (for example, the WCIRB AnalyticsPortal and WCIRB Inquiry services or eSCAD), the organization may provide personal information relating to its legal contact, member administrator, TPE primary contact, or designated users from the organization who are authorized to use the services or access the organization's account, including name, title, company, telephone number, and email address.

  • We may receive information collected by our online partners and providers of analytics tools (including information collected through third-party cookies and similar technologies on the Website), such as Website traffic and usage trend data.

  • We may obtain information about you from commercially available sources such as data aggregators, credit agencies, background check firms, marketing providers, and other public databases. This information may include your name, contact information, demographic information, interests and publicly-observed data (such as from social media and shopping behavior), credit information, and professional experience.

Combining Information
Where permitted by law, we may combine the personal information you provide through the Website with information we collect through other WCIRB Websites, WCIRB's offline records, and information provided to us by third parties. Where permitted by law and feasible, we may also combine your personal information with information generated through your use of the Website (such as log data, transaction data, or cookie data), in which case we will treat any information that is combined or associated with your personal information as personal information for as long as it can reasonably be linked with your personal information.

We may use this consolidated information to improve our Website and product and service offerings, enhance our marketing and research activities, communicate information to you, and engage in any other legitimate business activities set forth under Use of Information below or otherwise described in this privacy notice.

Use of Information

We may use the information described above as necessary or useful to provide, support, personalize, and develop our Website, products, and services, including as follows:

  • We use the personal information you provide through the Website for the purposes for which such information was provided. For example, if you share your name and contact information with us to submit an inquiry, we will use such information to respond to your inquiry. If you provide your personal information in connection with the purchase of a product or service, we will use the information to process your payment and facilitate delivery (in these situations, we may also save your payment information so that you can use it the next time you want to order a product or service through the Website).

  • To create, maintain, customize, and secure your account with us.

  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.

  • To provide you with customer support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests.

  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • As described to you when collecting your personal information or as otherwise set forth in this privacy notice.

We may also use cookie data (alone or in combination with other information, including personal information) to maintain and improve our Website, verify and authenticate Website users, prevent fraud and secure our Website and databases, process payments, facilitate product and service delivery, remember and analyze user preferences and interests, track and measure Website performance and effectiveness, develop and improve our products and services, deliver ads relevant to user interests or based on user location, demographics or device characteristics, and for any other purpose described under Use of Information or Use of Cookies and Similar Technologies.

USE OF COOKIES AND SIMILAR TECHNOLOGIES

Types of Cookies and Similar Technologies
Our Website uses cookies and similar technologies to collect and store certain log data and cookie data when you visit or interact with our Websites in order to identify your browser or device and enable certain features and functionality. These technologies include the following:

  • Cookies. Cookies are small text files that are sent to and stored by your browser when you visit or interact with our Website. These cookies are then sent back to the party that served the cookie unchanged each time you visit or interact with the Website in order for the party that served the cookie to recognize your browser or device. Cookies are either first-party cookies or third-party cookies. "First-party cookies" are sent to your browser by the party that operates the site you are visiting (for example, cookies served by WCIRB when you visit the Website). "Third-party cookies" are sent to your browser by any party other than the party that operates the site you are visiting (for example, cookies sent by our online partners, such as Google Analytics, when you visit the Website). Further, when we use cookies, we may use "session" cookies (that last until you close your browser) or "persistent" cookies (that last until you or your browser delete them). Some of the cookies we use on the Website may be associated with your personal information (such as your email address) and other cookies are not.

  • Pixel Tags. Pixel tags (also known as web beacons) are small blocks of code installed on our Website which enable our online partners to serve cookies when you visit our Website and are generally used in combination with cookies to track user activity on our Website, receive relevant log data and cookie data, and perform other activities relating to the monitoring and analysis of the use and performance of the Website.

  • Statistical Identifiers. Statistical identifiers refers to identifiers created using certain device information and log data. Collectively, this information makes your browser or device sufficiently distinct for a server or similar system to reasonably determine that it is encountering the same browser or device over time. Statistical identifiers enable us and our partners to uniquely identify your browser or device for the same purposes as cookies. Statistical identifiers may be associated with your personal information (such as your email address).

How Cookies and Similar Technologies are Used
Cookies and similar technologies used on our Website (including the information obtained through such use) fall into four categories:

Essential Our Website utilizes first- and third-party cookies and similar technologies that are necessary in order to operate our business and maintain our Website, including verifying and authenticating Website users; preventing fraud and securing our Website and databases; payment processing; enabling users to move around our Website and use its features; and complying with applicable laws and industry standards. These cookies and similar technologies don't gather information about you that could be used for marketing or tracking your browsing activity. This category of cookies generally cannot be disabled.
 
Performance    Our Website may utilize first- and third-party cookies and similar technologies to provide enhanced features and remember user preferences, including identifying return users when visiting our Website (for example, to remember your login credentials); keeping track of user preferences, interests, and past items viewed or utilized (for example, preferred language or past purchases); and providing social features that allow users to interact with social media services through our Website (for example, Facebook or Twitter, as further described below).
 
Analytics Our Website may utilize first- and third-party cookies and similar technologies for analytics, product development, and market research purposes, including analyzing how users arrive at and engage with our Website; tracking and measuring the performance and effectiveness of our Website; optimizing the location of Website features and other content on our Website; statistical reporting in connection with Website activity; analyzing user preferences and behaviors and market characteristics and trends in order to develop and improve our products and services and Website; segmenting audiences to test features of our Website; and conducting research about our consumers, products, and online services.
 
Advertising Our Website may utilize first- and third-party cookies and similar technologies to deliver, track, and measure ads both on and off our Website, including ads relevant to your interests (for example, ads based on your past interaction with our Website or based on predictions about your interests derived from your browsing activities on different websites over time); and ads based on your location, demographics, or device characteristics. Cookies are also used for tracking and measuring the reach and frequency of ads and regulating the delivery of such ads (for example, capping the number of times you see a particular ad).

Use of Cookies and Similar Technologies by Our Online Partners
We may use vendors and other online partners to perform some of the Essential, Performance, Analytics, and Advertising activities described above, including to provide audience measurement and analytics services. These online partners may use third-party cookies and similar technologies to collect and store certain device information, log data, cookie data and other information when you visit or interact with our Website in order to identify your browser or device and provide their respective services. Further, these online partners may combine data collected on our Website with information collected on unaffiliated sites or with any other data maintained by these online partners. Their use of data collected on our Website and third-party sites will be subject to their own terms of use and privacy policies.

Your Cookie Choices
Most browsers are set to accept cookies by default. However, browsers typically allow individuals to remove or block browser cookies if they choose. For more information on blocking and removing browser cookies, please review your browser's Settings or Preferences tab. More information can be found here:

Google Chrome Internet Explorer Mozilla Firefox Safari (Desktop)
 
Opera Opera Mobile Android Browser Safari (Mobile)

For other browsers, please consult the documentation that your browser manufacturer provides.

In addition to removing and blocking browser cookies generally, the following opt-out mechanisms may be available if our Website utilizes the third-party cookies listed below:

  • Google Analytics. Our Website may use Google Analytics, a web analytics service provided by Google. Google Analytics utilizes cookies and similar technologies to collect and analyze information about the performance and use of our Website. More information on Google Analytics can be found here. If you would like to opt-out of having your information collected and used as described, please use the Google Analytics opt-out available here.

  • Hotjar. Our Website may use Hotjar, a technology service that assists in the optimization of website user experience. Hotjar uses cookies and other technologies to collect data on website users’ behavior and their devices in anonymized form. More information on Hotjar can be found here. If you would like to opt-out of having your information collected and used as described, please use the Hotjar opt-out link here.

  • Interest Based Advertising. Our Website may use first- and third-party cookies and similar technologies for targeted advertising based on user interests, demographics, and past browsing activity. If you would like to opt-out of having your information collected and used by us for these purposes, please visit here or here if you're in the United States (if you're in Europe, please visit here; if you're in Canada, please visit here).

The list above identifies some of the third-party cookies we may use on our Website. However, we may use other third-party cookies and similar technologies on our Website that are not listed here. This list is subject to change at any time and without notice.

BY CONTINUING TO VISIT OR INTERACT WITH OUR WEBSITE, YOU CONSENT TO THE USE OF COOKIES AND SIMILAR TECHNOLOGIES AS DESCRIBED IN THIS PRIVACY NOTICE.

Social Plugins
This Website may use social plugins (for example, the Facebook "Like" button or "Share to Twitter" button) to enable you to easily share information with others. When you visit our Website, the operator of the social plugin may be able to place a cookie on your browser or device, enabling that operator to recognize users who have previously visited our Website. If you have previously logged into the associated social media website (for example, Facebook or Twitter) before visiting our Website, the social plugin allows that social media website to receive information about your visit to particular pages on our Website. The social plugin may collect this information for any such users who have logged into social networks, whether or not they specifically interact with the plugin on our Website (for example, by clicking "Like" or "Share"). The social plugin may also allow the social media website to share information about your activities on our Website with other users of their social media website. For further details about the information shared via a particular social media plugin, you should refer to that social media site's privacy policies and terms of use.

Do Not Track (DNT)
DNT is a concept that has been promoted by regulatory agencies such as the U.S. Federal Trade Commission (FTC) for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites by using browser settings. The World Wide Web Consortium (W3C) has been working with industry groups, Internet browsers, technology companies, and regulators to develop a DNT technology standard. While some progress has been made, it has been slow and no standard has been adopted to date. As such, WCIRB does not generally respond to "do not track" signals.

SHARING OF INFORMATION

We may disclose your personal information to third parties who provide us with various business services, including monitoring and maintaining our Website, processing payments, preparing and delivering products and services, performing Website analytics, and preparing newsletters and mailings. We may also share your information with third parties as necessary to perform the services requested or utilized through the Website.

We may disclose your personal information to third parties in special cases, including to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use above or any other agreement related to the Website (or products and services available through the Website), or as otherwise necessary or useful to protect the rights and interests of the WCIRB and its members, licensors, and users or as otherwise required by law.

If all or part of WCIRB is merged into another entity, the information we have about you may be transferred to a third party as part of that transaction. The acquiring entity will be required to use the personal information that is transferred only in a manner that is consistent with this privacy notice and applicable law.

YOUR CHOICES AND RIGHTS

Your Privacy Choices
You can use or generally visit our Website without revealing any personal information about yourself. However, to obtain our products and services, create an account with us, or enroll in a Website service, we will ask you to provide certain personal information (as described above). If you choose not to provide this information, you or your organization may be unable to obtain or use our products and services.

You may "opt-out" of receiving marketing communications from us at any time by emailing us at the address above. In addition, you may unsubscribe from promotional email communications from us by clicking on the "unsubscribe link" provided at the bottom of such communications (when such unsubscribe mechanism is required by law). However, you may not opt out of non-promotional product-, service-, or membership/account-related communications.

Please see Your Cookie Choices above for information on how to delete or refuse cookies and similar technologies. Please note, disabling, removing or blocking cookies may turn off some of the features of our Website that make your experience more efficient, and some Website features may not function properly or be accessible.

Your Rights
You have the right to receive information from us about the categories of personal information we maintain about you and the sources of such information. In addition, you have the right to request rectification of any personal information that is inaccurate or incomplete. However, for record keeping and compliance purposes, we may retain certain information collected from you, even if inaccurate or incomplete.

To exercise any of these rights, please send us an email at the address above. To protect your privacy, we will only respond to email messages sent from the email account you used to contact us initially or otherwise associated with your account/enrollment.

SECURITY

WCIRB implements, maintains, and enforces reasonable and appropriate administrative, organizational, technical, and physical safeguards to protect the integrity, confidentiality, and availability of our Website, databases, personal information, and related assets. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

DATA RETENTION

WCIRB implements and maintains reasonable restrictions on the retention of personal information and generally disposes of such personal information once it is no longer necessary or useful for the purposes for which it was collected or further processed. However, we may continue to store archived copies of your personal information for legitimate business purposes and to comply with the law. In addition, we may continue to store anonymous or anonymized information for any legitimate business use described in this privacy notice.

THIRD-PARTY LINKS

This privacy notice only applies to WCIRB Websites that link to this privacy notice. However, our Website may contain links to third-party sites or services. We do not endorse and are not responsible for the content of third-party websites or resources, and our privacy notice does not apply to any sites that are not controlled by the WCIRB, even if you access such sites via a link on our Website. You should review the privacy policies and terms of use of any third-party site before providing any information.

CHILDREN

Our Website is not intended for children. We do not knowingly collect any personal information from children under 13-years old. However, if the parent or the guardian of a child under 13 years old believes that the child has provided us with personal information, the parent or guardian of that child should contact us at the address provided above to request the information's deletion. Anyone under 13 years old should seek their parent's or guardian's permission prior to using the Website or disclosing any personal information to WCIRB.

CHANGES TO OUR PRIVACY NOTICE

WCIRB reserves the right to amend this privacy notice at our discretion and at any time. When changes are made to this privacy notice, the updated notice will be posted on the Website and will be effective as of the date posted. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. Material revisions to this privacy notice will not be applied retroactively without your affirmative consent.