Legal & Privacy

ABOUT THIS SITE

This website summarizes certain provisions of the Southern Nevada Culinary & Bartenders Pension Plan and is subject to the official Plan documents. This website cannot modify or affect the official Plan documents in any way. In case of any difference between the website and the official Plan documents, the Plan documents will control.

If you have any questions about this website, contact the Pension Office.

IMPORTANT NOTICE

As a participant, retiree or beneficiary, you will find information on this website that explains the benefits and eligibility rules of the Southern Nevada Culinary & Bartenders Pension Plan. However, not all the information on this website may apply to you, as it depends on your individual situation.

The Summary Plan Description is subject to the provisions of the Plan Document and the Trust Agreement and cannot modify or affect the Plan Document or Trust Agreement in any way. In the event of any conflict between the Summary Plan Description or the Trust Agreement, the Plan Document and Trust Agreement will control. In addition, neither you nor any beneficiary shall earn any rights because of any statements in, or omission from, the Summary Plan Description. The provisions of the Plan Document and the Trust Agreement cannot be modified or amended in any way by any statement or promise made by any person, including employees of the Administrative Office, the Unions, or a contributing Employer.

It is hoped that the Plan will continue indefinitely in its present form, but the Board of Trustees reserves the right to amend or terminate the Plan at any time. The Plan could also be amended or terminated as the result of an agreement between participating Employers and the Culinary and Bartenders Unions. If the Plan is ever terminated, your right to your earned benefits will automatically become 100% vested.

BOARD DETERMINATIONS CONCLUSIVE

The Board of Trustees shall have full discretion and authority to determine questions concerning the interpretation or administration of this Plan, including without limitation, all questions relating to eligibility for Plan benefits, and the determination of the Board shall be conclusive and binding as to all persons and for all purposes.

IF THERE ARE DIFFERENCES BETWEEN THE SPANISH AND ENGLISH VERSIONS OF THIS WEBSITE OR SUMMARY PLAN DESCRIPTION, THE ENGLISH VERSION WILL CONTROL.

You are encouraged to visit the Pension Office for your personal information about vesting, eligibility and benefits amounts.

WEBSITE PRIVACY POLICY

Updated 2021

Collection and Use of Information. The Plan is concerned with your privacy when you visit this Website, just as we are concerned with your privacy in all of your dealings with the Plan and the Plan Office.  While visiting this Website or otherwise dealing with us, you will have the opportunity to volunteer personal information.  We consider any information which relates to your participation in the Plan as “personal information”. Information which does not identify you, or does not relate to your participation in the Plan is not “personal information” and is not covered by this Policy.

If, you choose to communicate with us by e-mail through this Website or you choose to register and maintain an on-line account with us, we will need information from you, such as your name, physical street and/or mailing address, e-mail address, phone number, social security number, date of birth, Plan identification number, enrollment information or other personal information, in order to answer your questions and communicate with you, to provide you with user account access, or to provide you with information, services, or materials requested by or available to you, including, without limitation, enrollment and benefits related services, offers and opportunities. 

To enhance your experience with this Website, we may use "cookies", “web beacons”, “clear.gifs”, or similar technologies. 

Cookies are text files we place in the browser of your mobile phone, tablet computer or other wireless device or computer (your “Device”) to store your preferences. Generally, cookies, by themselves, do not tell us your personal information, but they do contain information that can be related, or linked, to specific information about your interaction with the Website.  Additionally, once you furnish us with personal information, this information may be linked to the data stored in the cookie or similar technologies. 

"Web beacons" or "clear .gifs" are small pieces of code placed on a webpage or in content to monitor the behavior and collect data about the visitors viewing a webpage or certain content.  For example, we may use web beacons to count the users who view a certain webpage or view certain content or to deliver a cookie or similar code to the browser or Device of a visitor viewing that page or content.

We may also use cookies, web beacons, clear .gifs, third party analytics tools (such as Google Analytics), or similar technologies to understand usage of this Website and to improve its contents and offerings.  For example, we may use these technologies to personalize your experience on this Website (e.g., to recognize you by name when you visit this Website, and to enable your access to certain features of this Website).  We also may use cookies or similar technologies to provide you with certain information, offers, and materials (including by collecting information about the searches you conduct via or on this Website). 

Third party analytics tools may collect your IP address or other Device identifier information, information about how often you visit this Website and what pages you visit when you do so, and other information sent by your browser as part of interactions with this Website. We may use the information we get from these analytic tools in connection with operating this Website, developing and launching new benefits, resources and materials, and improving your user experience.  The third parties which provide these analytics tools also receive the information collected by such tools, and the use of the information by such third parties is governed by their own terms of use and privacy policies. 

We may also collect IP addresses, Device identifier information, browser, software or operating system information and data, click-stream data, or other session data for purposes of system administration, security, fraud prevention, improving this Website, or other internal uses related to this Website.  An IP address is a number that is automatically assigned to your computer whenever you access the Internet.  We may identify your computer by its IP address, and we may identify your Device by its identifier.  When you request pages or content from this Website, we may log your IP address and/or Device identifier. 

 In the course of ensuring network security and consistent service for all users, we may also employ software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage our computers, this Website or our network, and monitor and tune the performance of this Website or our network.  In the course of such monitoring, these programs may detect such information as e-mail headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of our network and computer system.

You can visit us at this Website and choose not to share any information about yourself or reveal any information about who you are.  However, the numbers of visitors to this Website, Device identifiers and other similar information may be collected automatically.  

Disclosure of Information.  Except as set forth in this privacy policy, or as otherwise authorized by you, we will not disclose your personal information collected by us as outlined above, unless it is necessary: (i) for the administration and business operations of the Plan; (ii) the operation, maintenance, or security of this Website or your user account; (iii) to respond to your inquiries; (iv) to provide you with your applicable benefits or other services or materials requested by you, or information related to other opportunities that may be useful to you (including opportunities offered by the business partners, and vendors of the Plan), or (v) to inform you of such benefits, services and opportunities.  Notwithstanding the foregoing, we may disclose your contact and demographic information to the union locals and contributing employers for their internal administrative purposes to the extent permitted by applicable law. 

We may also access and disclose your personal information, any communications sent or received by you, and any other information that we may have about you:  (a) as may be permitted or required by law, regulation, rule or court order; (b) pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; (c) to prevent, investigate, or take any other lawful action regarding suspected fraud, violations of the Website’s Terms of Use, potential threats to the physical safety of any person, or other activity that we believe to be illegal or may expose the Plan to legal liability; (d) to our lawyers, accountants, tax consultants and employees for the purpose of conducting our business and providing you with information, or (e) in the event of a merger of the Plan with another benefit plan or the termination of the Plan and transition of the Plan’s participants to a successor plan.

Because the Plan and a number of the service providers we use are located in the United States, your Personal Information will be processed and stored inside the United States, and the U.S. government, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information under US laws.

The Plan does not sell your personal information.

Review of Account Information.  We offer you the ability to review and update your Account registration, verification and contact information by logging into your Account and entering in the new information yourself or by contacting the Plan Office at (702) 369-0000. You must promptly update such information if it changes or is inaccurate. 

Security Safeguards. The Plan has implemented reasonable safeguards appropriate to the sensitivity of the personal information we maintain. Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the personal information. They include physical, technical and managerial measures to keep personal information protected from unauthorized access. Note that due to the nature of the internet and related technology, we cannot absolutely guarantee the security of personal information disclosed over the internet, and the Plan expressly disclaims any such obligation.  

Modifications to Privacy Policy.  We reserve the right to change this Website’s privacy policy from time to time. If we make any substantial changes in the way we use your personal information, we will notify you by posting a prominent announcement on this Website. These Terms are not intended to and do not confer upon you any contractual or other legal rights in respect to the Plan or any other party.

Children’s Privacy.  We recognize the importance of protecting the privacy of children, and this Website is not intended for use by children. For this reason, we do not knowingly collect personally-identifiable information from children under the age of 13.   

Third Party Websites. Third party websites linked to on this Website operate under different privacy practices and policies which are not under our control.  We are not responsible for the privacy practices of such websites or their operators.  If you decide to access any such third party websites, the Plan encourages you to review the privacy policies and terms of use of such third-party websites. 

Do Not Track.  Some web browsers incorporate a “Do Not Track” feature (DNT) that signals to the websites that you visit that you do not want to have your online activity tracked. Many websites and applications, including this Website, do not currently respond to web browser DNT signals because such signals are not yet uniform. However, we also do not track your online activities over time and across third-party websites or online services or allow third parties to do so.

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 requires any operator of a website to permit its California-resident customers to request and obtain from the operator a list of what personal information the operator disclosed to third parties for direct marketing purposes, for the preceding calendar year; and the addresses and names of such third parties. The Plan does not share any personal information collected from this site with third parties for their direct marketing purposes.

Questions. If you have any questions related to how your personal information is handled, or this policy, please contact the Plan by contacting the Plan Office at (702) 369-0000.

 

WEBSITE TERMS OF USE

Updated 2021

Consent to Terms. By clicking “I Accept”, accessing, browsing, or using this website (this “Website”), you acknowledge that you have read, understood, and agree to be bound by these terms of use and privacy policy (these “Terms”). Furthermore, when accessing and using this Website, you agree to comply with all applicable laws and regulations.  If you do not agree to these Terms, do not use this Website.

Website Purpose; Important Notice.  This Website provides an overview of the various pension benefits provided by the Southern Nevada Culinary & Bartenders Pension Plan (“Plan”, “we” or “us”) administered by the Zenith American Solutions (the “Administrator” or “Plan Office”). The Website is intended for the Plan’s participants and their beneficiaries. 

On this Website you will find summaries of the benefits provided, and the Plan’s eligibility rules (including the Summary Plan Description (“SPD”)).  While this Website may also provide specific information only applicable to you and your beneficiaries (e.g., statements of benefits, etc.), not all information on this Website may apply to you or your beneficiaries.  Accordingly, you should review the information on this Website carefully based on your individual situation.    Furthermore, this Website is not, intended to be a complete description of these benefits.  For more complete, authoritative details, see the official document of the Plan (the “Plan Document”).  Neither the SPD for the Plan, this Website nor any written notice or brochure or statement or promise made by any person (including employees of the Plan, Administrator or the applicable labor unions or contributing employers) can modify or affect such Plan Document in any way.  In the event of any difference between this Website (including the SPD) and the Plan Document, the Plan Document will control.  Only the Board of Trustees for the Plan have full discretion and authority to determine questions concerning the interpretation or administration of the Plan, including without limitation, all questions relating to eligibility for benefits. The determination of such Board of Trustees shall be conclusive and binding as to all persons and for all purposes. 

While you are encouraged to visit or contact the Plan Office for your personal information about vesting, eligibility and benefit amounts, we note that neither the statements of Plan Office personnel nor any information herein is intended as any legal, tax, financial planning or any other form of professional advice.

The Boards of Trustees reserve the right to amend or terminate the Plan at any time. The Plan could also be amended or terminated as the result of an agreement between the applicable unions and the participating employers.

Use of Website. The Plan grants you a limited license to view and use the Website, and to print individual pages and Plan forms from the Website, for your personal, non-commercial use.  You may not modify the content of the Website for any commercial purpose or remove any copyright notice or other proprietary notices from the content on the Website.  When using this Website, you are responsible for providing the Plan and Plan Office with accurate and complete information.  You shall use the Website solely in accordance with any online policies, guides, or instructions made available on or through the Website.  You further agree not to use the Website:

  • To display, transmit or otherwise make available any material that is infringing, threatening, harassing, libelous, hateful or offensive or which violates the privacy or other rights of any third party;
  • To transmit any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Plan, the Administrator or any employee or representative of the Plan or the Administrator;
  • To gain unauthorized access to the Website, Website user accounts or the systems of the Plan or its providers; or
  • To engage in any other conduct that interferes with the operation, use or enjoyment of the Website or which, as determined by us, may harm the Plan or the Websites users.

Account.  Access to certain areas and information on this Website is limited to participants, and requires that such participants establish an account in accordance with the instructions at http://www.culinarypension.org/YourBenefitsOnline/ (“Account”).  If you have set up an Account, for security purposes, you are responsible for keeping your username and password and applicable security question information confidential.  By agreeing to establish and use an Account, you are authorizing us to act on instructions received under your username and password, and we are entitled to act on such instructions.  You are responsible for all activity under your username and password.  Please do not disclose your username, password or applicable security question information to anyone.  We recommend that you change your password regularly, commit it to memory and avoid writing your password down. The establishment, use, expiration and change of passwords and usernames shall be subject to our policies with respect to same (including our log-in policies) then in effect. You understand that you may be required to change your username, password and/or applicable security question information from time to time in accordance with the security policies and procedures of the Plan and/or specific concerns of the Plan.  Notify us at once if you believe another person has improperly obtained your account username, password and/or applicable security question information, if you believe someone has accessed or used your Account without your permission, or if you suspect any fraudulent activity on your Account.  If you do not access your Account for a period of more than one (1) year, or if there are more than five (5) consecutive failed log-in attempts to your Account, we reserve the right to de-activate your Account. To re-activate your Account, please contact us at (702) 369-0000.  You may be required to provide reasonable personal identification to re-activate your Account.  We reserve the right to terminate your Account in our reasonable discretion, including in the event that you fail to comply with these Terms.

Email and Similar Communications.  By providing your telephone number, you are providing express written consent to receive communications from the Plan (including its affiliates, agents, service providers, and affiliates for the purposes of defined above) for any purpose related to your participation in the Plan or the administration of the Plan. You agree that these communications include, but are not limited to, the use of an automated telephone dialing system, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, this is agreement is regardless of whether your phone number is registered on a state or federal “do not call” list. You agree that the Plan is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply.  Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

If you wish to opt out of receiving email, text and/or automated/prerecorded messages from us, simply follow the instructions or links contained in the message, contact the Plan Office at support@culinarypension.org.  If you opt out of receiving these messages, it may affect our ability to provide you important information about your benefits and related services, offers and materials. Further, with respect to a request to opt-out of e-mail or text communications, please note that if you later send an e-mail or text message to the Plan Office or initiate a website request which requires an e-mail response (e.g., username/password change or reminder request), we may respond to such message or request via e-mail or text message (as applicable).  We may also reach out to you via the last e-mail address and/or phone number provided by you in order to verify your current preferred contact information if we are otherwise unable to contact you regarding important Plan matters. Modification of Terms. The Plan may modify these Terms and the information on this Website at any time, without notice to you (except where required by applicable law), by posting such modifications on this Website.  By using this Website following any modifications to these Terms, you agree to be bound by any such modifications to the Terms.  Accordingly, you should visit this Website from time to time to review the then-current Terms.  Certain provisions of these Terms may be superseded by expressly designated legal notices and/or terms located on particular pages of this Website.  IF THERE ARE DIFFERENCES BETWEEN THE SPANISH AND ENGLISH VERSIONS OF THE SPDs OR THIS WEBSITE, THE ENGLISH VERSIONS WILL CONTROL.

Suspension/Discontinuation of Website.  The Plan may, in its sole discretion, suspend or discontinue at any time any information, function, feature, content or services available on this Website, including, but not limited to, the cessation of all activities associated with this Website, with or without notice.

Ownership and Use of Content and Logos/Marks. The Plan and/or their affiliates or licensors own and/or control this Website and all material available on this Website, including for example the layout of this Website, all material and forms available from www.culinarypension.org and all pages within that domain and all related codes (collectively, the "Materials").  Except for your personal use of the applications or other forms available on or made accessible through this Website, you may not copy, reproduce, republish, distribute, upload, transmit, make derivative works from or otherwise commercially exploit any of the Materials without first obtaining written consent from an authorized representative of the Plan.  You may not alter the content of this Website or the forms or other Materials provided herein.

The Plan’s logos are service marks and/or trademarks of the Plan and may not be used by you for any purpose without prior written permission from an authorized representative of the Plan.  If this Website contains or makes reference to other trademarks, service marks and/or logos, they are owned or controlled by their respective owners.

Links to other Websites.   This Website may contain links to websites operated by third parties. These links are provided as a convenience to you. Neither the Plan nor any of it participating employers, unions, trustees, employees or agents) are responsible for the content, legality or accuracy of or opinions expressed in any such third-party websites, or for the privacy practices or other acts or omissions of such third-party websites or their operators. Such third-party websites and the content thereof are not investigated, monitored or checked for accuracy, legality or completeness by us.  The inclusion of any links to a third-party website on this Website does not imply approval or endorsement of such third-party website or the content thereof by the Plan. The Plan does not make any representations or warranties concerning such third-party websites or the content thereof. If you do decide to use these links, leave this Website and access these third-party websites, you do so at your own risk. 

Linking to this Website.  Written permission is required from the Plan to create a link from an external website to this Website (including this Website’s homepage or any pages within this Website).

Disclaimers.  Information, resources and other Materials on this Website (including explanations or statements of benefits) are provided as a courtesy, on an "AS IS", "AS AVAILABLE" basis, and without warranty of any kind.  We have made reasonable efforts to present the information contained on this Website accurately, but additions, deletions, changes and errors may occur, updates may not always be timely, and information may not always be accurate. We encourage you to make appropriate use of legal, tax, and financial planning professionals in helping you make prudent decisions regarding the use of your benefit programs.  The Plan does not promise that this Website will be available without interruption, or that this Website or its servers will be impervious to hackers or free of malicious code (e.g., viruses, worms, time bombs, Trojan horses, back doors or malware). Specifically, you understand and acknowledge that enrollment status, pension or other benefits information displayed in your Account may not be accurate or up to date at the particular time you access your Account (e.g., your employment records may be missing or such information may not reflect the most current enrollment, hours, dependent verification or claims.).  If you have questions about any such information, please contact the Plan Office at support@culinarypension.org or (702) 369-0000.

Website Monitoring.  Any activity on this Website is subject to monitoring by the Plan and/or the Plan Office to verify compliance with these Terms and for other purposes permitted by applicable law. By using this Website, you consent to such monitoring and agree that the Plan may use the results of such monitoring to enforce these Terms and for any other purpose permitted by applicable law.

Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE PLAN, ITS AFFILIATES OR SUBSIDIARIES, OR THEIR  RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRIBUTING EMPLOYERS, REPRESENTATIVE LABOR UNIONS, OR TRUSTEES (COLLECTIVELY, THE “RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SERVICES, INFORMATION, RESOURCES, LINKS TO THIRD PARTY WEBSITES AND/OR OTHER MATERIALS AVAILABLE ON OR CONTAINED WITHIN THIS WEBSITE, AND/OR THE INFORMATION COLLECTED THROUGH THIS WEBSITE OR ANY THIRD PARTY WEBSITE WHICH IS LINKED TO ON THIS WEBSITE (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION), EVEN IF THE APPLICABLE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY PROBLEMS ARISING FROM THIS WEBSITE AND/OR THE INFORMATION, RESOURCES OR OTHER MATERIALS PROVIDED HEREIN (INCLUDING THE FAILURE TO PROVIDE THIS WEBSITE AND/OR SUCH INFORMATION, RESOURCES AND MATERIALS) WHICH ARE DUE TO CIRCUMSTANCES NOT WITHIN THE REASONABLE CONTROL OF THE PLAN, INCLUDING, BUT NOT LIMITED TO, INTERNET, EQUIPMENT OR ELECTRONIC COMMUNICATIONS FAILURES.

Miscellaneous. If any provision or provisions of these Terms are rendered by judicial process or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of these Terms, which shall remain in full force and effect and be enforced in accordance with its remaining terms. 

No waiver by the Plan of any term or condition set out 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 the Plan to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

These Terms shall be governed by, construed in accordance with, and enforced under the laws of  the State of Nevada, without regard to its conflicts of law provisions, except where preempted by Federal law. To the fullest extent permitted by applicable law, you hereby consent to the exclusive jurisdiction of the appropriate federal or state court in Las Vegas, Nevada.