Terms of Service / Privacy Policy

PRIVACY POLICY

Last Updated: October 3, 2018

1. INTRODUCTION

AGREEMENT AND PARTIES. Underground Service Alert of Southern California ("USA/SC," "us," or "we") respects the privacy of the visitors to the USA/SC website and/or app (collectively "website" or "site"). This privacy policy ("privacy policy" or "policy") is an agreement between USA/SC and you, as the user of the USA/SC website ("you"). This agreement tells you when this policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, and how we may change this policy. We encourage users to read this policy prior to accessing the features of the site.

2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE

AGREEMENT TO TERMS. All activities in which you may engage on this website are voluntary. You are not required to provide any personal information to us unless you choose to access features on this site which require the information. If you do not agree with the terms of this policy or other terms of use on this website, then you should immediately exit this website and discontinue using the site. If you do not agree with the terms of our privacy policy, please do not provide us with any personal information and leave this website. By using the USA/SC website, you signify that you agree to the terms of this privacy policy.

3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

EFFECTIVE DATES. This privacy policy is effective as of October 3, 2018, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the website or we otherwise notify you of the changes. We reserve the right to change this privacy policy at any time. Changes, modifications, additions, or deletions will be effective immediately upon their posting to this site. You should check this policy periodically as its terms may change from time to time. Your continued use of the site after we post any such modifications will constitute your acknowledgement of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the "last updated" date found at the beginning of this privacy policy when we post changes to it.

4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY

DISCLAIMERS. The privacy policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond USA/SC's control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through this site. This privacy policy does not apply to any information we may collect from you in any place other than this website.

5. PERSONAL INFORMATION WE MAY COLLECT

TYPES OF INFORMATION COLLECTED. We may ask you for certain information referred to as "personal information," which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, company affiliation, address, e-mail address, and telephone number. You may be required to provide personal information to access or use certain parts of our website or features of the site. If you do not provide the requested personal information, you may not be able to access or use the features of the site where such information is requested.

6. PERSONAL INFORMATION ABOUT YOU

USE OF PERSONAL INFORMATION. We will primarily use the personal information we receive from you to provide services to you, including, but not limited to, the following:
A. To administer and fulfil the purpose of the DigAlert program.
B. To send surveys to you about our service to better understand your interests and needs, so we can improve our services. If you no longer wish to receive any e-mails from us you may opt out, or if you want to modify your personal data, see Section 12.

7. GENERAL INFORMATION WE MAY COLLECT

TYPES OF INFORMATION COLLECTED. There may be other instances in which we collect information from you that is more general in nature ("general information"). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such general information, including cookies, as mentioned below, may be collected from you whenever you access the site, whether or not you provide us with any personal information.

7.1. Click Stream Data

When you visit our website we may also collect "click stream data" (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis of our website to determine which features of our site are most or least effective or useful to you.

7.2. Cookies

We may also use cookies to gather information about your visits to our website and enhance your experience.

7.3. How We Respond to "Do Not Track" Disclosures

We are strongly committed to not sharing nonpublic information with third parties. Under this Privacy Policy, we may share your information only under particular situations, as described in this Policy. Because we protect all users in this manner, we do not change our behavior in response to a web browser's "do not track" signal.

8. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

RISK OF INTERCEPTION. Please keep in mind that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While USA/SC strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided to us at your own risk, which you expressly assume.

9. NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED

9.1. Registration Declined

USA/SC intends only persons who are 18 years or older to use this website. Personal registration information submitted by and pertaining to a person under the age of 18 will not be accepted. Any general information provided by and pertaining to a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this policy (see Section 7). USA/SC is committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children's use of e-mail and other activities online.

9.2. Notice Concerning Children

PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children's privacy online. If we learn or have reason to suspect that a site user is under age 13, we will promptly delete any personal information in that user's account.

10. THIRD PARTIES

10.1. Disclosing Information to Third Parties

WHO MAY HAVE ACCESS TO YOUR INFORMATION. USA/SC is comprised of various participating members who opt to become members of USA/SC and who own or operate any underground facilities in the area served by USA/SC. We provide our services through member agreements with participating members. The participating members carry or transport materials including, but not limited to, water, gas, oil, fuel, and sewage, and/or conduit used for electric, telephone, or other services. USA/SC provides personal information to its participating members for the purpose of providing services. Our participating members may use your personal information for the purpose of carrying out the work as agreed with us.

In addition to members, USA/SC provides information to the Underground Safety Board (Underground Safety Board) for purposes of compliance with and effectuating the purpose of California Government Code 4216 et seq.

Our sole purpose in providing personal information to the participating members is for use by the participating members in providing services related to their membership and the DigAlert program as contemplated by California Government Code 4216 et. seq. Any other use by participating members is neither intended nor authorized by USA/SC. The participating members may have adopted individual privacy policies. However, the use of your personal information by participating members is governed by the privacy policies of those participating members and is not subject to our control. Other than to participating members for the purposes set out above, and except as described in this policy, we do not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance.

10.2. Security

RELEASE OF INFORMATION. USA/SC will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this policy.

PURPOSE OF LINKS. For your convenience and to improve the usage of the website we may insert links to third parties on this site. This privacy policy does not apply to such third party websites. These links take you outside our service and off the USA/SC's site and are beyond our control. This includes links from partners that may use USA/SC's logos as part of a co-branding agreement. The sites those links can take you to have their own separate privacy policies, and although we seek to protect the integrity of our site, USA/SC is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.

11. AUTOMATIC COLLECTION

COOKIES. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website which can help to improve your website experience. Cookies are used for such activities as remembering your user name and password, if you use such a feature on this site. If you prefer not to receive cookies, you may opt not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you must adjust your browser (such as Chrome, Safari, Firefox, Internet Explorer, or other browser) settings. There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.

12. DELETING OR MODIFYING PERSONAL INFORMATION

CHANGING YOUR INFORMATION. You may opt out, delete, or modify your personal information associated with a specific user account, by visiting our website or by contacting us by telephone at 811. We encourage you promptly to update your personal information when it changes. However, personal information submitted in association with a submitted DigAlert ticket will remain on the ticket and will be maintained by USA/SC for purposes of its own recordkeeping responsibilities and for purposes of operating its business.

13. DIGALERT DIRECT (or other Online Services)

DIGALERT DIRECT TERMS OF USE. DigAlert Direct is a program that allows users to create accounts, create new DigAlert tickets, update or remark tickets, cancel tickets, create duplicate tickets for sub-contractors, send "no-show" notices, send damaged/exposed notices, find tickets by location, and more.

DigAlert Direct users accept all responsibility and liability for all information provided and transmitted to DigAlert's members. Inaccurate or incomplete information submitted via DigAlert Direct can result in damage to buried facilities, property, or cause injury or death. DigAlert does not warrant the accuracy of any information submitted by users. DigAlert is, therefore, not responsible for any damage, injuries or death caused by reliance on information submitted by users of the DigAlert Direct system.

Some features of DigAlert Direct do not require an account to use. However, anonymous users MUST agree to and follow the same Rules, Regulations, Policies and Guidelines as account holders in order to use these features. These Rules, Regulations, Policies and Guidelines are set forth below.

  • Each user MUST have their own account. Account sharing is NOT ALLOWED under any circumstance. Violations of this policy will result in account termination.
  • Accounts MUST only be used for DigAlert tickets that belong to the account holder's organization. Unauthorized use of an organization's account, or use of an account for purposes of submitting ticket information on behalf of an organization with respect to which the user is not authorized to act will result in account termination and will be reported to the effected organizations as well as any appropriate law enforcement agencies.
  • Users will process tickets in accordance will all DigAlert and California State Rules, Regulations and Guidelines.
  • Users must read and acknowledge any and all warning messages, prompts, and emails that are displayed throughout the DigAlert Direct process or which are received from a DigAlert representative. By continuing to use the DigAlert Direct system after receipt of any such warning messages, prompts, and/or emails the user expressly agrees to abide and be bound by any directions given therein.

In some instances, additional processing of DigAlert Direct locate requests may be required by DigAlert. These requests may require additional information from the user. DigAlert representatives reserve the right to change and/or correct ticket information when deemed necessary in the event that adequate information is not provided by the user within a reasonable timeframe.

DigAlert reserves the right to deny, suspend and/or terminate DigAlert Direct privileges to any organization/user account(s) at any time for any reason without prior notice. Excavators not given authorization to use the DigAlert Direct system or users who have been suspended or terminated will be required to call 811 to process all requests.

14. QUESTIONS OR COMMENTS

CONTACT INFORMATION. If you have any questions or comments relating to our website or the privacy policy, contact us by telephone at (951) 808-8100.