Legal

WEBSITE TERMS OF USE

 

Acceptance of the Terms of Use

 

Welcome to the website of South Carolina Asphalt Pavement Association, Inc., (referred to herein as “SCAPA”, “we”, “our” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference herein (collectively, the “Terms of Use”), govern Your access to and use of https://www.scasphalt.org , including any Licensed Content (defined below), functionality and services offered on or through https://www.scasphalt.org/ (the “Website”), whether as a visitor or an authorized end user (“User”, or collectively, “Users”).  For purposes of these Terms of Use, “Licensed Content” means all SCAPA material, including, without limitation, text, images, video, audio, and any other content in the material made available to a User through the Website.

 

Please read the Terms of Use carefully before You start to use the Website.  By using the Website, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Website.

 

By using this Website, You represent and warrant that You meet the eligibility requirements contemplated herein.  If You do not meet the applicable requirements, You must not access or use the Website.

 

Acceptance of the Terms of Use for Users under 13 Years Old

 

For any User under 13 years old (or any User considered minor in his or her jurisdiction), the User’s parent or legal guardian (“Parent”) is responsible for accepting and complying with the Terms of Use.  The Parent is also responsible for knowing such User’s password (if applicable) and shall ensure the Website is being used appropriately. The SCAPA’s Privacy Policy describes the type of information that may be collected from Users, and for any User under 13 years old (or any User considered minor in his or her jurisdiction), the Parent is responsible for reviewing and understanding the Privacy Policy, and for providing consent for such User to use the Website.

 

Changes to the Terms of Use 

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. 

 

Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes.  You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

 

Accessing the Website and Account Security

 

Subject to the Privacy Policy and any other applicable agreements (collectively the “Other Agreements”), we reserve the right to withdraw or amend this Website, and any service, Licensed Content, or material we provide on the Website, in our sole discretion without notice.  We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, by Users.

 

You are responsible for:

 

  • Making all arrangements necessary for You to have access to the Website.

 

  • Ensuring that all Users who access the Website through Your Internet connection are aware of these Terms of Use and comply with it.

 

If You choose, or are provided with, a username, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity.

 

Information About You

To access the Website or some of the resources it offers, You may be asked to provide certain personal or registration details or other information and/or to create an account.  It is a condition of Your use of the Website that all the information You provide on the Website is correct, truthful, current and complete.  You agree that all information You provide to register with this Website, subscribe to this Website, make payments on this Website, or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy. 

If You choose, or are provided with, a username, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity (except, see “Acceptance of the Terms of Use for Users under 13 Years Old,” above if you are under 13 years old). You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of, Your username or password, or any other breach of security. You also agree to ensure that You exit or log off from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of this Terms of Use.

For Users under 13 years old (or who are considered minors in their jurisdiction), please refer to the section entitled “Acceptance of the Terms of Use for Users under 13 Years Old,” above.

Intellectual Property Rights 

 

The Website and its Licensed Content, features and functionality (including but not limited to all software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SCAPA, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms of Use permit You to use the Website for Your personal use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

 

  • Your computer may temporarily store copies of such materials incidental to Your accessing and viewing those materials.

 

  • You may store files that are automatically cached by Your Internet browser for display enhancement purposes.

 

  • You may print copies of the Website pages for Your own personal use and not for further reproduction, publication, or redistribution.

 

You must not do any of the following without the permission of SCAPA:

 

  • Modify or reformat copies of any materials or Licensed Content available on this Website.

 

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

 

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site or hold out the Licensed Content or any other materials as Your own.

 

  • Develop Your own materials and hold them out as SCAPA’s materials.

 

If You wish to make any use of material on the Website other than that set out in this section, please address Your request to info@scasphalt.org

 

If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made.  No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by SCAPA.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

Trademarks 

 

The SCAPA’s names, logos and all related names, logos, product and service names, designs and slogans are trademarks of SCAPA or its affiliates or licensors.  You must not use such marks without the prior written permission of SCAPA. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

 

Prohibited Uses 

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

 

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

 

  • To send, knowingly receive, upload, download, use or re-use any material in a manner which/that does not comply with its intended use set out on the Website or in these Terms of Use.

 

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

 

  • To impersonate or attempt to impersonate SCAPA, an employee of SCAPA, another User or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).

 

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm SCAPA or Users of the Website or expose them to liability.

 

Additionally, You agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other User’s authorized use of the Website, including their ability to engage in real time activities through the Website.

 

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

 

  • Use any manual process to monitor or copy any of the material on the Website for any other unauthorized purpose without our prior written consent.

 

  • Use any device, software or routine that interferes with the proper working of the Website.

 

  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

 

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

  • Otherwise attempt to interfere with the proper working of the Website.

 

User Contributions

The Website may contain the ability for Users to link or copy the Licensed Content or materials, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other Users or other persons (collectively, “Post”) Licensed Content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in this Terms of Use. Any User Contribution you Post on or through the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Website, you grant SCAPA, and our affiliates, licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (1) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to SCAPA and our affiliates, licensees, successors and assigns; and (2) all of Your User Contributions do and will comply with this Terms of Use.

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not SCAPA, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. SCAPA is not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted by You or any other Users of the Website.

Monitoring and Enforcement; Termination

SCAPA has the right to: (1) remove or refuse to Post or allow the linking to any User Contributions for any or no reason in its sole discretion; (2) take any action (including, without limitation, any legal action) with respect to any User Contribution that SCAPA deems necessary or appropriate in its sole discretion; and (3) terminate or suspend Your access to all or part of the Website for any or no reason.

Without limiting the foregoing, SCAPA has the right to fully cooperate with any law enforcement authorities or court order requesting or directing SCAPA to disclose the identity or other information of anyone Posting any materials and/or information on or through the Website. YOU HEREBY WAIVE AND HOLD HARMLESS SCAPA (AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

SCAPA will not undertake to review all material before it is Posted on or through the Website, and SCAPA cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, SCAPA assumes no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. SCAPA has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act, or promote any sexually explicit or pornographic material, violence, or discrimination based on race, color, sex, religion, nationality, disability, sexual orientation, gender identity, genetic information, age, or any other protected class.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of SCAPA or any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Terms of Use and our Privacy Policy.
  • Impersonate any person, misrepresent Your identity or affiliation with any person or organization, or be likely to deceive or mislead any person.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that the User Contributions emanate from or are endorsed by SCAPA or any other person or entity, if this is not the case.

Reliance on Information Posted 

 

The information presented on or through the Website is made available for general information and educational purposes for the Users. While we endeavor to provide accurate and error-free materials, we cannot and do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Website from time to time, but the content is not necessarily complete or up to date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website 

 

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, You consent (or for any User who is under 13 years old, or any User considered minor in his or her jurisdiction, the Parent consents) to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Other Terms and Conditions

 

Additional terms and conditions of any Other Agreement may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

Linking to the Website 

 

You may link to our Website, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.

 

You must not:

 

  • Establish a link from any website that is not owned by You, except that you may link from Your social media accounts; provided, such linking is otherwise consistent with these Terms of Use.

 

  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

 

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

We may disable any links at any time without notice in our discretion.

 

Links from the Website to Third Party Websites and Resources 

 

This Website may include links to content provided by third parties.  Such third-party content may include materials provided by other Users, third-party licensors, syndicators, aggregators and/or reporting services.  These links are provided for Your convenience only. The third-party sites and resources may include advertisements, including banner advertisements and sponsored links.  All statements and/or opinions expressed in these third-party materials, and all articles and responses to questions and other content, other than the content provided by SCAPA, are solely the opinions and the responsibility of the person or entity providing such third-party content. Such content does not necessarily reflect the opinions of SCAPA.

 

We have no control over the contents of such third-party sites or resources and are not responsible for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by third parties.

 

Compliance with Local Laws

 

The owners of the Website are based in the state of South Carolina in the United States. We provide this Website for use by persons globally, as permitted by the application jurisdiction where the User is subject. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties 

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY MATERIAL OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS LICENSED CONTENT AND ANY OTHER MATERIAL OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SCAPA NOR ANY PERSON ASSOCIATED WITH SCAPA MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS CONTENT OR ANY OTHER MATERIAL OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SCAPA NOR ANYONE ASSOCIATED WITH SCAPA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

SCAPA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

 

IN NO EVENT WILL SCAPA AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY MATERIALS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification 

 

You agree to defend, indemnify and hold harmless SCAPA, its affiliates, licensors and service providers, and their respective owners, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, any use of the Website’s Licensed Content, materials, services and products, or any information obtained from the Website, other than as expressly authorized in these Terms of Use.

 

Governing Law and Jurisdiction

 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of South Carolina, within the United States of America, without giving effect to any of its choice or conflict of law provisions or rules.

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina in each case located in the County of Lexington/Richland.  You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

 

Limitation on Time to File Claims 

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

 

Waiver and Severability 

 

No waiver by SCAPA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SCAPA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement and Order of Precedence 

 

To the extent applicable, the Terms of Use, the Privacy Policy, and the Other Agreements constitute the sole and entire agreement between You and SCAPA with respect to the Website, the Licensed Content, and any other materials available through the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Licensed Content.  Should any conflict or ambiguity arise between the Terms of Use, the Privacy Policy, and the Other Agreements, the following order of precedence shall apply: (1) Terms of Use; (2) Privacy Policy; and (3) Other Agreements.

 

Reporting Claims of Copyright Infringement 

 

We take claims of copyright infringement seriously and we will respond to notices of alleged copyright infringement. If You believe any materials accessible on this Website infringe Your copyright, You may notify SCAPA by submitting written notification to:

 

SC Asphalt Pavement Association, Inc.

PO Box 11448

Columbia, SC 29211

 

Your Comments and Concerns

 

This Website is operated by South Carolina Asphalt Pavement Association, Inc.

 

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@scasphalt.org.

 

Last Modified:   October 2024

 

Thank You for visiting our Website.

 South Carolina Asphalt Pavement Association, Inc.  

PRIVACY POLICY

 

South Carolina Asphalt Pavement Association, Inc.  (referred to herein as “SCAPA” “https://www.scasphalt.org/”,” “we,” “our,” or “us”), takes Your privacy very seriously. This Privacy Policy describes our collection and protection of the information You provide to us during visits to our website https://www.scasphalt.org/ (the “Website”). By using the Website, You agree to and consent to the collection and use of Your information as described below.

If You do not want us to use Your information as stated in this Privacy Policy, please do not use our Website.

Information We Collect

We collect information from You when You register on, make payment on and use the Website, including any “Licensed Content” (as that term is defined in the Terms of Use), functionality and services offered on or through Website.  We may collect the following information from You:

 

  • Your name, title, address, email address, mailing address, organization name, phone number, payment method, and billing information if You create an account, join our email list, request information from us, subscribe to receive materials, and/or make payments to us;

 

  • Your name, contact information, and comments, questions or other information You provide if You communicate with us;

 

  • Your device information such as Your hardware model, IP address, other unique device identifiers, operating system version, browser type, and device settings and other information related to how Your device is interacting with our Website;

 

  • Your device event information such as errors, system activity, and the dates and times of Your activity; and

 

  • The location of the device You are using to access our Website.


We may also collect the following information related to Your use of the Website:

 

When You use the Website we automatically collect and store some information about You and Your device through cookies, web beacons, and similar technologies. We may use these technologies to enhance Your experience on our Website. A "cookie" is a small data file sent from a website and stored on Your device to identify Your device in the future and allow for an enhanced personalized user experience. A "session cookie" disappears after You close Your web browser, or may expire after a fixed period of time. A "persistent cookie" remains after You close Your web browser and may be accessed every time You use our Website. We may use both session and persistent cookies. You should consult Your web browser to modify Your cookie settings. Please note that if You delete or choose not to accept cookies from us, You may not be able to use certain features of our Website.

 

There may be other tracking technologies now and later devised and used by us in connection with the Website. Further, third parties may use tracking technologies with our Website. We do not control those tracking technologies, and we are not responsible for them. However, You consent to potentially encountering third party tracking technologies in connection with Your use of the Website and accept that this Privacy Policy does not apply to the tracking technologies or practices of such third parties. In such cases, You must check the third party websites to confirm how Your information is collected and used.

 

Children’s Information

We do not knowingly collect identifiable information from anyone under the age of 13 through the Website. If You are under 13, please do not create an account or give us any information that would allow us to identify You. Children under the age of 13 may not use the “Contact Us” feature of the Website.  We encourage each parent and legal guardian (referred to herein as the “Parent”) to monitor his or her own child’s Internet usage and to help enforce our Privacy Policy by instructing his or her child to never provide identifying information through any website without their permission. The Parent is responsible for reviewing and understanding this Privacy Policy, and for providing consent for such child to use the Website.  If a Parent has reason to believe that his or her child under the age of 13 has provided identifiable information to us, the Parent should contact us, and we will endeavor to delete any such information from our databases.

How We Use Information

We may use Your information, including, but not limited to, Your email address, to contact You for administrative purposes such as responding to Your questions or providing You with information, to process Your payments, and to allow You access to Licensed Content.  We may also contact you in connection with payments to SCAPA.

We use the information that we collect to operate, maintain, enhance, and provide all features of the Website and our services and resources provided on the Website.  We also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google uses cookies that generate information about Your use of the Website, and such information is generally transmitted to and stored on a Google server.  Google will use this information to evaluate use of the Website, to compile reports on Website activity, and to provide other services related to Website usage and internet usage to us.  We use the IP Anonymization feature in Google Analytics to masks the full IP address of Your visit so that Your exact IP address is not stored by Google.  We use Google Analytics to analyze and regularly improve the use of our Website.  With the statistics gathered by Google, we can make our Website more interesting to Users.  Aggregated reports from Google Analytics may be shared with internal teams, affiliates, and service providers.  You may prevent the collection by Google of the data generated by the cookie and related to Your use of the Website as well as the processing of this data by Google by using the browser plug-in available under the following link to download and install: https://tools.google.com/dlpage/gaoptout/.

If You provide us with Your email address and choose to subscribe to our email list, we will place you on our list to receive email regarding updates, special offers, important issues and new services or resources from SCAPA and/or our affiliates.  The personal information that You provide may be shared internally with our affiliates.

We may use tracking in email marketing campaigns. The information gathered through this process helps us determine whether email sends are opened and what actions subscribers take on information contained in that message. We respect Your privacy and do not sell or otherwise disclose the information gathered in this process. We use this information to improve our marketing campaigns and provide You with information we believe will be of interest to You.

By providing Your email address to us, You automatically grant permission to us to send communications to You, unless You opt out at that time. You may also manage Your preferences at any time and opt out of receiving email communications by clicking “unsubscribe” from an email sent to You by us.

Legal Basis of Processing Information

We may process Your personal data for the purposes described above to facilitate transactions requested by You and meet our contractual or non-contractual obligations, including, but not limited to, responding to Your questions or comments; on the basis of our legitimate interests including, but not limited to, Website analytics, to request payments, to perform marketing, promotions and advertising; and/or on the basis of Your consent, where applicable.

How We Disclose Information

We may work with business partners in making our Website available to You. Our policy is to require companies with whom we do business to support the same privacy policies we do. We will share information only as necessary for the third party to provide related services or assist us in providing the Website.

To the extent permitted by applicable law, we may disclose Your information if required to do so by law to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose Your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of the Website; or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

Information may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, to the extent and in the way as prescribed by applicable law.

Other than as described in this Privacy Policy, Your personal information is never shared outside SCAPA or by its service providers and affiliates without Your consent, except when required by law, or in urgent circumstances, to protect personal safety, the public, or our site.

Aggregate information is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. We may use aggregate information to understand the needs of individuals using the Website.

Data Retention

We will retain Your personal data for as long as is necessary for the purposes set forth herein, unless a longer period is required under applicable law, or is needed to resolve disputes or protect our legal rights or otherwise to comply with legal obligations.

Data Security

We take appropriate physical, managerial, and technical safeguards that are designed to protect the confidentiality, integrity, and security of any personal data that we collect and maintain against accidental or unlawful loss, theft, and misuse and unauthorized access, disclosure, alteration, destruction, or any other type of unlawful processing. Unfortunately, no website, server or database is completely secure. We cannot guarantee that Your information will not be disclosed, misused, or lost by accident or by the unauthorized acts of others.

Accessing Third-Party Websites from scasphalt.org  

The Website provides links to websites of other organizations or companies that may offer materials and services as well as links to other sites. In using https://www.scasphalt.org/ or the linked sites of other organizations or companies, You may have the option to sign up for email lists operated by these organizations or companies. If You choose to request that Your address be removed from the organizations’ or companies’ lists, we cannot control whether or not they will immediately stop using Your address. To stop receiving communications from these organizations or companies, You should contact them directly.  We do not control third party websites or the content or links that appear on those sites and are not responsible for the practices employed by third party websites.

Do Not Track

Our Website does not support Do Not Track requests at this time. Do Not Track (DNT) is a privacy preference that You can set in Your web browser to indicate that You do not want certain information about Your webpage visits collected across websites when You have not interacted with that service on the page. For all the details, visit donottrack.us.

California Shine the Light Law

California Civil Code Section 1798.83, known as the “Shine the Light” law, permits individuals who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. We will never disclose Your personal information to third parties for direct marketing purposes without Your authorization. However, if You would like to make a request for information under the Shine The Light law, please contact us at www.scasphalt.org/contact-us or by email at info@scasphalt.org.   Requests may be made only once a year and are free of charge.

European Union’s General Data Protection Regulation (“GDPR”)

The GDPR protects certain information that relates to an individual located in the European Union, Iceland, Liechtenstein or Norway who is directly or indirectly identified or identifiable and that is collected, used, processed, or shared pursuant such individual’s visiting or using the Website.  Individuals may have certain rights and choices pursuant to the GDPR as provided below.

Rights and Choices

You may have certain rights regarding the Personal Data, (as such term is defined in the GDPR), we maintain about You. You may have the right to request access to receive information about the Personal Data we maintain about You, or have Your Personal Data rectified, blocked, or deleted if it is incorrect, inaccurate, or outdated.  You may also have the right to restrict or limit the ways in which we use Your Personal Data, to object to the processing of Your Personal Data, to request deletion of Your Personal Data; and to obtain a copy of Your Personal Data in an easily accessible format.  You may also have the right to withdraw Your consent to our processing of Your Personal Data where our processing is solely based on Your consent, subject to certain limitations at law.    

If You have questions about Your rights and choices in relation to Your Personal Data, or would like to request additional information, please contact us at www.scasphalt.org/contact-us or by email at info@scasphalt.org. Following Your request, we will accommodate Your inquiry as required by applicable law.

 

If You have any complaints regarding our privacy practices, You have the right to make a complaint with Your national data protection authority (i.e. supervisory authority).

Cross-Border Transfer of Your Information

The Website is operated in the United States.  If You are located outside of the United States, please be aware that any information You provide to us will be transferred to, processed, and stored within the United States. By using the Website, You consent to the transfer and use of Your personal data, including Your contact information and location data, to countries outside of Your country of residence, including to the United States, in accordance with this Privacy Policy.

The United States may have different personal data protection laws than the country in which You initially provided the information. In doing so, we comply with applicable legal requirements pertaining to the transfer of personal data to other countries and will protect that information as described in this Privacy Policy.

Changes to Our Privacy Policy

We reserve the right to change this Privacy Policy, and when updated, the effective date of the new version will be at the top of this policy.

Contact

If You have any questions, comments or requests regarding this Privacy Policy or our processing of Your information, please contact us at www.scasphalt.org/contact-us or by email at info@scasphalt.org.