TERMS & CONDITIONS
USER AGREEMENT
By accessing this web site, you agree to be bound by this User Agreement. If you do not agree with these terms, do not access this web site.
As Is / No Representation, Warranties or Guarantees
Information on this server and web site is provided “AS IS” without warranty of any kind, either express or implied. Further WASHAMERICA INC. does not warrant, guarantee, or make any representations regarding the use, or the results of use of the web site, including, but not limited to, its correctness, completeness, accuracy, reliability, currentness, or otherwise. WASHAMERICA INC. intends to keep the information at its site accurate and timely but cannot guarantee it will do so. From time to time, WASHAMERICA INC. may unilaterally update the information, make improvements and/or changes in the information and/or graphics and/or suspend or discontinue any aspect of this web site at any time without notice.
Links
This web site may contain links to other Internet information sites, web servers and systems which are not guaranteed to be checked for accuracy and do not necessarily reflect the opinions of WASHAMERICA INC. WASHAMERICA INC. assumes no responsibility for the availability, content or existence of such servers, sites or systems.
Trademarks, Logos and Service Marks
- A. All WASHAMERICA INC. trademarks and logos appearing in this web site are the trademarks and logos of WASHAMERICA INC., all rights reserved. All other trademarks appearing on this web site are the property of their respective owners.
- B. By having entered this site, you acknowledge WASHAMERICA INC.’s ownership and agree to respect all copyright and/or service and trademarks ownership rights provided by law. Use of this site does NOT constitute a license to use any such service or trademarks.
- C. You shall not store any portion of any information published on this web site, in any form, other than for solely personal, non-commercial use. Any other use is expressly prohibited without the prior written consent of WASHAMERICA INC. or the party credited as the provider of such information.
- D. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided above), create derivative works from, distribute, perform, display, or in any way exploit, any aspect of this web site.
- E. All information published on this web site (including, but not limited to photographs, images, illustrations, articles and stories), and all rights therein, are protected by all applicable copyright laws, and owned and/or controlled by WASHAMERICA INC. and its affiliates and licensees and/or the party credited as the provider of such information. You shall abide by all additional copyright notices, information, or restrictions applicable to any information accessed through this web site. All rights in such information are expressly reserved by the applicable copyright owner.
Limitation of Liability
In no event will WASHAMERICA INC. be liable to any party for any damages, claim or loss arising out of the access or use of this web site, or on any other hyperlinked web site, including, without limitation, compensatory, incidental, direct, indirect, special, consequential or exemplary damages, lost profits, lost sales or business, expenditures, investments, or commitments in connection with any business, loss of any goodwill, or damages resulting from lost data or inability to use data, irrespective of whether WASHAMERICA INC. has been informed of, knew of, or should have known of the likelihood of such damages.
Assumption of Risk
You assume all risks of use and shall indemnify and hold WASHAMERICA INC., its directors, officers, employees, and agents harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable outside and in-house attorney’s fees, arising out of or related to use of information or services offered and/or presented in or at this site or any other hyperlinked web site.
Law
This Agreement has been made in, and shall be construed and enforced in accordance with the laws of the State of New York, without reference to such State’s choice of law rules.
Notice
Unless otherwise indicated, any communication or material transmitted to WASHAMERICA INC. via this web site or Internet e-mail is transmitted on a non-confidential basis. All official correspondence relating to this web site or intended for WASHAMERICA INC. only must be delivered to: WASHAMERICA INC., 1100 Wayne Drive, Angleton, TX 77515.
PRIVACY POLICY
At WASHAMERICA INC., we realize that personal information is important for the privacy of our users. The following Privacy Policy is designed to inform you, as a user of our Website, of the types of information that we collect from you, how that information will be used and how it will be protected. Please read this Privacy Policy carefully so that you understand your rights in relation to your personal information. This Privacy Policy only governs your activities on the website, and it does not govern activities that are offline or unrelated to the Website.
Collection and Use of Personal Information
Personal Information means information that is or can be uniquely associated with an identified or identifiable individual, such as name, email address or phone number. We collect personal information if you provide it to us through our contact as shown on the “Contact Us” page of the Website.
We consider the personal information we collect to be confidential and will use it only to the extent necessary to respond to your request and as discussed herein. We will not reveal or disclose your personal information to third parties without your permission except (i) if we are ordered to provide or disclose information by order of court, legal authority, or other governmental authority, (ii) as permitted by law to protect the rights or property of WASHAMERICA INC., our affiliates, customers, the Website, or other users, (iii) as required for the Website’s operation and handling inquiries.
Protecting Personal Information
We have established certain reasonable electronic safeguards and take reasonable precautions to protect personal information in our possession from loss, misuse, and unauthorized access, disclosure, alteration and destruction. We make no warranty or representation that this level of security meets or exceeds any particular standard. You should keep in mind that no internet transmission is ever completely secure or error-free and we cannot guarantee that information, during transmission or in our care, will be absolutely safe from unauthorized intrusion by third parties.
Cookies
A cookie is a piece of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website using that browser. We may use “cookies” from time to time to allow us to determine that a visit has occurred within our site, as well as which pages were viewed. You can decide if and how your computer will accept cookies by configuring the preferences option within your web browser, using the instructions provided in your browser.
Access from outside the United States
If you are visiting our website from a location outside of the United States, your connection will be through and to servers located in the United States. Any information you provide during your visit will be processed and maintained on our web server and other internal systems located within the United States. The United States does not always provide or offer the same level of protection for personal information as certain other countries. Visitors who are in the European Economic Area should review the information in our GDPR privacy Notice. (Please see the bottom of this page.)
Changes to This Privacy Policy
We reserve the right, in our sole discretion, to modify, alter or otherwise update this Privacy Policy at any time and you agree to be bound by such modifications, alterations or updates. We will notify you of material changes to this Privacy Policy by posting the revised policy with the date it was revised on this page. Any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. We encourage you to periodically review this privacy statement to stay informed about any changes to this Privacy Policy.
Contact Us
If you would like to contact us about this policy or our Website, please reach out to us via the “Contact Us” page.
GDPR Privacy Notice
This privacy notice describes how Washamerica Inc. (’we‘ or ‘us‘) collects and processes personal information about individuals in the European Economic Area (‘Personal Information’), how we use and protect such Personal Information, and rights in relation to such Personal Information.
This privacy notice applies to all Personal Information we collect or process about individuals in the European Economic Area only. Personal Information is information, or a combination of pieces of information that could reasonably allow you to be identified.
1. Personal Information We Use
We will collect Personal Information about you from a variety of sources. We may collect your Personal Information from you directly (e.g. when you contact us) or from other sources such as public registrars, credit research agencies, recruiting agencies, employment screening agencies.
1.1 Information we collect directly from you
The categories of information that we collect directly from you are:
- a) personal details (e.g. name, date of birth)
- b) contact details (e.g. phone or mobile number, email address, postal address)
- c) educational details (e.g. educational history, qualifications, certifications, skills)
- d) citizenship or immigration information
- e) professional experience
- f) any other information you may choose to provide us in your dealings with us.
We may be required by law or as a consequence of any contractual relationship we have with you to collect certain Personal Information from you. In such case, your failure to provide the information may prevent or delay the fulfilment of our obligations under the law or the contract.
1.2 Information we collect from other sources:
The categories of information that we collect about you from other sources are:
- a) personal details (e.g. name, date of birth)
- b) contact details (e.g. phone number, email address, postal address or mobile number)
- c) background check information
- d) publicly available professional profiles on websites or social media (e.g. LinkedIn)
- e) information about your creditability or reputation
1.3 Special Categories of Personal Information
Some of the categories of information that we collect are special categories of Personal Information (also known as sensitive personal information). In particular, we may process Personal Information that may reveal your racial or ethnic origin, religion or that may relate to your health, such as your medical history and reports on medical diagnoses, injuries and treatment.
We collect such kind of Personal Information only when you give us an explicit consent or as permitted or required by law.
2. Purposes and Legal Basis of our use of your Personal Information
2.1 We use your Personal Information to:
- a) perform and enforce any contractual obligation under a contract with us
- b) provide and personalize our services
- c) deal with your enquiries and requests
- d) comply with legal obligations to which we are subject and cooperate with regulators and law enforcement bodies
- e) contact you with marketing and offers relating to products and services offered by us and/or other members of Sojitz Group Companies (defined in section 4) (unless you have opted out of marketing, or we are otherwise prevented by law from doing so)
- f) personalize the marketing messages we send you to make them more relevant and interesting
2.2 We must have a legal basis to process your Personal Information. In most cases the legal basis will be one of the following:
- a. to fulfil our contractual obligations to you, for example to provide the services, to ensure that invoices are paid correctly, and to ensure you are able to access our premises when required
- b. to fulfil our contractual obligations to you, for example your contact details and bank account details
- c. to comply with our legal obligations, for example obtaining proof of your identity to enable us to meet our anti-money laundering obligations
- d. to comply with our legal obligations to you, for example health and safety obligations while you are on our premises or to a third party (e.g. the taxation authorities)
- e. to meet our legitimate interests, for example screening your background for anti-corruption purpose or to understand how you use our services or products and to enable us to derive knowledge from that enable us to develop new services or products. When we process Personal Information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms
- f. to protect your or another person’s vital interests, for example by providing your health information to a doctor in case of a medical emergency situation.
- g. when you gave us consent to the processing of your Personal Information for the specific purposes (When the legal basis to process your Personal Information is based on your consent, you may withdraw your consent at any time by contacting us using the details at the end of this privacy notice.)
3. Your Rights over your Personal Information
You have certain rights regarding your Personal Information, subject to local law. These include the following rights to:
- access your Personal Information
- rectify your Personal Information
- erase your Personal Information
- restrict our use of your Personal Information
- object to our use of your Personal Information
- receive your Personal Information in a usable electronic format and transmit it to a third party (right to data portability)
- withdraw your consent where our processing is based on your consent
- lodge a complaint with your local data protection authority.
We encourage you to contact us to update or correct your information if it changes or if the Personal Information, we hold about you is inaccurate.
We will contact you if we need additional information from you in order to honor your requests.
If you would like to discuss or exercise such rights, please contact us at the details below.
4. Information Sharing
We may share your Personal Information with third parties under the following circumstances:
- Service providers and business partners. We may share your Personal Information with our service providers and business partners that perform marketing services and other business operations for us. For example, we may partner with other companies to process secure payments, fulfil orders, optimize our services, send newsletters and marketing emails, support email and messaging services and analyse information.
- Our group companies. We work closely with other businesses and companies that fall under Sojitz Corporation (1-1, Uchisaiwaicho 2-chome, Chiyoda-ku, Tokyo 100-8691, Japan) (‘Sojitz Group Companies’). We may share your Personal Information with Sojitz Group Companies for marketing purposes or anti-corruption compliance purposes.
- Law enforcement agency, court, regulator, government authority or other third party. We may share your Personal Information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
- Asset purchasers. We may share your Personal Information with any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your Personal Information uses it in a manner that is consistent with this privacy notice.
Because we operate business globally, the recipients referred to above may be located outside the jurisdiction in which you are located (or in which we provide the services). See section 6 (International Data Transfer) for more information.
5. Information Security and Storage
We implement reasonable technical and organizational measures to ensure a level of security appropriate to the risk to the Personal Information we process. These measures are aimed at ensuring the on-going integrity and confidentiality of Personal Information. We evaluate these measures on a regular basis to ensure the security of the processing.
We will keep your Personal Information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your Personal Information for a period of time that that in our opinion will enable us to:
- Maintain business records for analysis and/or audit purposes
- Comply with record retention requirements under the law or under applicable record retention policies
- Defend or bring any existing or potential legal claims
- Deal with any complaints regarding the services, to the extent it is reasonably possible for us
We will delete your Personal Information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.
6. International Data Transfer
Your Personal Information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for personal information by the European Commission.
We have and shall put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your personal information is adequately protected. For more information on the appropriate safeguards in place, please contact us at the details below.
7. Contact Us
Washamerica Inc., 1100 Wayne Drive, Angleton, TX 77515 is the controller responsible for your Personal Information we collect and process.
If you have questions or concerns regarding the way in which your personal information has been used, please contact brandan@bwservices.biz and makoto@bwservices.biz.
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to the data protection authority in your country.
8. Changes to this Privacy Notice
We may modify or update this privacy notice from time to time.
If we change this privacy notice, we will notify you of the changes. Where changes to this privacy notice will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights.