Privacy Notice & Terms of Service

As a participant in RPB’s plan(s), we are committed not only to providing sound investment choices for your retirement savings but also to caring for your personal information and financial data. The confidentiality of your information is important to us, and we recognize that you depend on us to keep your information confidential. We use your information primarily to complete transactions that you request, to provide customer support, to maintain and operate the Site, or to make you aware of other products and services that we offer. We do not share, trade, sell, or rent your personal information to others except as described in this notice, unless we are required by law to disclose your information.

You, your employer, or others provide us with personal information about you by phone, in writing, or through the Site. The types of information collected may include:

• Information we receive from you on applications or other forms, such as name, address, telephone number, Social Security number, birth date, and beneficiary information;
• Information we receive from you through online surveys and registrations or email;
• Information obtained from employers, such as employer name, participant hire date, and participant compensation;
• Information about participant transactions such as retirement plan contributions and distributions, and other payments to RPB;
• Information we receive from others, such as your authorized personal agents or representatives
• Username and password used to access certain features or services via the Site;
• General information, such as email address and demographic data.

In addition, we collect certain personal information automatically when you access the Site. Our logs gather information about how you interact with the Site, including the date and time of interaction, information about your browser and device, IP address, and the actions you take. We use analytics tools (e.g., Google Analytics) to collect information about how you interact with the Site.

When you interact with our social media pages or social media features on the Site, the social media platforms may provide us with certain personal information (e.g., information in your public profile). The personal information we collect in this manner is determined by the privacy/account settings with the social media platforms.

We use your personal information for various purposes including to:

• help us administer your participation in RPB’s retirement, long term disability, and life insurance plans;
• provide you with information and services that you request;
• communicate with you regarding your account;
• improve our services, including the Site;
• personalize the communications we send to you;
• learn how visitors interact with the Site;
• identify, prevent, and investigate activities that may be illegal or prohibited, including fraud and violations of our terms of use;
• comply with legal obligations;
• protect our rights, your rights, and the rights of others.
• improve our service to you.

We store all the personal information you provide via secure means.

We may aggregate or alter the personal information we collect so that it no longer reasonably identifies you, and we may use that information for any purpose.

We share your personal information with organizations that act on our behalf in connection with operating our business and the Site. For example, we share personal information with organizations that print and mail our materials, and with our accountants and recordkeepers.

We share personal information with our custodial bank.

We share enrollment and contribution information with your current employer.

As noted above, we allow online analytics providers to collect certain information about your use of the Site.

If you interact with social media features on the Site or use the Site while you are logged into social media accounts, the social media platforms may collect information about your interactions with the Site.

We may enable you to share personal information via the Site, such as via reviews, comments, and forums. Any information you supply in these public areas may be accessible by the public.

The Site may contain links or may link you to other websites that are not owned or controlled by us. If you follow a link to or are linked to another service, please note that the website or related services may be associated with a different privacy notice, in which case that notice will govern the handling of your personal information. We do not accept, and do disclaim, any responsibility for the privacy policies and information collection, use, and sharing practices of any third party’s website (whether or not such site is linked on or to the Site).

We will share your personal information to comply with laws to which we are subject and as reasonably necessary to protect our rights, enforce our Terms of Service, protect the safety and security of you or others, and to detect, prevent, or respond to fraud, intellectual property infringement, or other unlawful activities. For example, we may share your personal information in response to a court order, subpoena or valid request from law enforcement.

We use technical, administrative, and physical security safeguards to protect the information that we collect or receive against loss and unauthorized access, use, modification, or disclosure. Please be aware that, despite our ongoing efforts, no security measures are perfect or impenetrable. Moreover, we are not responsible for the security of information that you transmit to us over networks that we do not control, including Internet and wireless networks.

It is your responsibility to safeguard your account information and credentials used to access secure areas of the Site. If you become aware of any suspicious activity relating to your account, it is your responsibility to contact us immediately.

You must adhere to all policies and conditions of use presented to you in association with the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not RPB’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

When you use the Services, you may enter into agreements electronically. You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Services or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Site or Services. You may have a legal right to receive certain information from us in writing. Subject to applicable laws, you agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for us to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed at the end of the terms. You confirm that you have the ability to access and retain e-mails. Some of our Services are available on mobile devices.

Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

You may need an RPB Account in order to use some of our Services. You may create your own RPB Account, or your RPB Account may be created for you by RPB. In all instances, RPB will create your Fidelity NetBenefits account. Different or additional terms may apply to your Fidelity account, in terms of who may be able to access or disable your NetBenefits account.

To protect your RPB Account, keep your password confidential. You are responsible for the activity that happens on or through your RPB Account. Try not to reuse your RPB Account password on third-party applications. If you learn of any unauthorized use of your password or RPB Account, please contact us.

RPB’s privacy notice (above) explains how we treat your personal information in association with the Services.

We reserve the right to add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. RPB may also stop providing Services to you or add or create new limits to our Services at any time.

YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. RPB DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, RPB DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED.

Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.

TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, RPB IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RPB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RPB FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.

Some jurisdictions, such as New Jersey, do not allow limitations on damages. In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify RPB and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

The Services are offered by RPB from within the State of New York, USA. By accessing the Services, you agree that the laws of the State of New York, USA govern all matters relating to this Agreement, and the use, or inability to use, the Services, and that such laws will apply without regard to principles of conflict of laws.

To the fullest extent permitted by law, you and RPB agree to submit exclusively any claim, controversy or dispute arising out of or relating to the Site, the Services, this agreement or any other policies or other terms incorporated therein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) for resolution by confidential, individual, binding arbitration, except that you may assert claims in small claims court if your claims qualify.

The parties agree that the arbitrator, and not any federal, state, provincial or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches or estoppel.

To the fullest extent permitted by law: (i) you expressly waive any right you may have to arbitrate a dispute as a class action; and (ii) you also expressly waive your right to a jury trial.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms as a court would.

The arbitration will be held in New York City, NY. If this location is not convenient for you, please let us know. We will work with you to determine a mutually convenient location. Any disagreements regarding the forum for arbitration will be settled by the arbitrator.

Disputes will be arbitrated on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in New York City, NY. The parties waive any plea or defense that such courts are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.

The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules.

If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth by jams. Regardless of who initiates arbitration, RPB will pay your share of arbitration fees (not including your attorneys’ fees) up to a maximum of $2,500. If the arbitrator rules against RPB, in addition to accepting whatever responsibility is ordered by the arbitrator, RPB will reimburse your reasonable attorneys’ fees and costs up to a maximum of $5,000, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith. In addition, if the arbitrator rules in RPB’s favor, it will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith.

Notwithstanding anything to the contrary in this Section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state, provincial or federal court of competent jurisdiction.

Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.

In the event that any provision of the agreement to arbitrate is held invalid or unenforceable, all other terms within the agreement to arbitrate shall remain in full force and effect.

By using the Site or the Services, you agree to indemnify, defend and hold harmless RPB and all of RPB’s officers, trustees, agents, employees, contractors, and information and service providers (“Indemnified Parties”) from any claim, demand, losses, damages, costs, and/or expenses including reasonable attorney’s fees, accounting fees, and related costs, including court costs, attributable to or arising from your posting of content through the Services, your use of the Site or Services, your violation of these Terms of Service, and/or your violation of any other rights related to the Services. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between RPB and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

Our failure to exercise or enforce any right or provision of the terms will not constitute a waiver of such right or provision. We may assign our rights and obligations under the terms at any time and without notice to you.

The section headings used in these Terms of Service are for convenience only and have no legal effect.

The termination of these terms for any reason will not terminate the obligations or liabilities of the parties under these terms regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of the terms.

You may contact RPB at askus@rpb.org or by calling (212) 681-1818.