Privacy Policy

Privacy Policy

Effective date: January 18, 2024

Shred America, LLC

Terms and Conditions of Services Provided

Applicability

.Unless superseded by a valid, separate, and duly executed contract, these terms and conditions ("Agreement") are the basis and predicate for the relationship and expectations between Shred America, LLC ("Company") and the Customer.

Description of the Services

Company will provide one or more of the following services ("Services") to Customer in accordance with Company's written and published representations: secure destruction of media or materials, records storage or transit, document scanning and imaging rendering. Customer will receive written confirmation of the completion of these Services.

Services Provided by Third Parties

Company may engage the services of a responsible third party to perform all or a portion of the Services, provided that said third party complies with all security standards and procedures required of Company by Customer and that said third party accepts in writing the necessary fiduciary responsibility. Company will remain liable for all Services performed for Customer by any third party service provider selected by Company to the extent set forth herein. Company will record all custody transfers or the use of any subcontractor in providing contracted services and will inform Customer of any subcontractor used upon receipt of a written request made within ninety (90) days of service.

Right to Rely and Act on Instructions

Company may rely on any instructions, instruments, or signatures that it reasonably believes to be authentic, and it may assume that any Customer employee or employee of Customer's affiliates or subsidiaries giving any written or verbal notice, request, or instruction has the authority to do so.

Contract, Legal, and Regulatory Compliance

Customer is responsible for and warrants compliance with all contractual restrictions and applicable laws, rules, and regulations, including, but not limited to, environmental laws and contractual restrictions and laws governing the confidentiality, retention, and disposal of information contained in any materials delivered to Company. Company shall take reasonable measures to comply with Customer-specified laws, statutes, regulations, and ordinances.

Observance of Privacy Policies

Company is obligated to comply with its Privacy Policy that is in effect and accessible on its website at the time Services are rendered.

Cooperation and Support

Customer shall cooperate with Company regarding the performance of Services, subject to normal security requirements and in a manner that does not unduly disrupt Customer's business operations, by providing to Company such information, data, access to premises, management decisions and approvals as may be reasonable to allow Company to perform the Services under this Agreement.

Care of Consigned Company Property

Company equipment deployed at Customer location shall remain Company property and relinquished to the Company upon Company request. Customer will compensate Company for damages to said equipment deemed by the Company to be beyond normal wear and tear.

Hazardous Materials

Customer shall not deliver to Company any material considered toxic or dangerous or which is regulated under any federal or state law or regulation relating to hazardous materials. In the event of an accidental or negligent transfer of hazardous or regulated waste, including biohazard, the Customer agrees to assume custody of such hazardous materials appropriately, safely, and legally at their own expense, and to indemnify the Company for any property damage or personal injury resulting from such a transfer.

Itemization of Materials

Itemized lists or descriptions of contents of materials submitted by the Customer to the Company shall generally be considered for record keeping, reconciliation, and reference purposes only, and shall not be construed as evidence that the items listed and described on such lists and descriptions are present in the accepted materials. At the Customer's request and at Customer expense, the Company may make provisions to validate itemized contents.

Negotiable Items

Customer agrees to notify Company in writing and in advance of any situation in which it will be presented with or take custody of negotiable instruments, including but not limited to checks, bearer bonds, travelers' checks, or coupons, and that in the absence of such notice, Company assumes no liability related to the restitution for the value of such instruments.

Payments and Charges

All fees for Services under this Agreement are as specified in writing at the time of service or as separately agreed upon by the Company and the Customer. Invoices are due and payable thirty (30) days after receiving the relevant invoice. Amounts due and not paid within thirty (30) days after Customer's receipt of the invoice shall bear interest at the rate of one and one-half per cent (1.5%) per month.

Maintaining Confidentiality

"Confidential Information" refers to any information pertaining to the property, business, and affairs of the Customer. Company is responsible for maintaining the confidentiality of all Confidential Information unless such information was previously known to Company without any obligation to keep it confidential or is subsequently made public by the Customer or a third party with the legal right to make such disclosure.

Demands by Law Enforcement

Company may be legally compelled to comply with subpoenas or similar orders related to materials delivered to Company, and shall, unless prohibited by law, promptly notify Customer of any such subpoena, or notice as soon as is practicable. Legal, investigative, regulatory, and/or reporting costs. Customer shall pay Company's reasonable costs for compliance with any request by Company or legal or regulatory authorities for assistance in any investigations, or to provide reports, access, or testimony.

HIPAA Compliance

Company acknowledges that, in connection with this engagement with Customer, it may have access to protected health information ("PHI") and, therefore, may function as a "business associate" under the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules. In connection with this possibility, Company agrees that it (a) will not use or further disclose PHI other than as permitted to perform these services or as permitted or required by law; (b) will report to Customer, within a reasonable period of time, any use or disclosure of PHI or Breach or Security Incident not provided for by this Agreement and affecting Customer’s PHI of which it becomes aware; (c) will use appropriate safeguards to prevent use or disclosure of PHI other than as permitted by this Agreement; (d) will require that all of its subcontractors and agents to which it provides PHI pursuant to the terms of this Agreement agree to all of the same restrictions and conditions to which BA is bound; (e) will make available for access and amendment PHI that it maintains to the extent this PHI is part of a designated record set; (f) will make available upon Customer’s request an accounting of disclosures in accordance with the Privacy Rule; (h) will make available to the Secretary of Health and Human Services upon reasonable notice the internal records and documentation necessary to determine the Customer’s HIPAA compliance as it relates to this engagement; (i) upon termination of this Agreement will, where feasible, return or destroy all PHI received from Customer under this Agreement; (j) will otherwise meet applicable requirements of the Privacy Rule; (k) will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic PHI that it receives or maintains on behalf of the Customer.

HITECH Act compliance

Company will inform Customer without delay upon verifying unauthorized access to PHI in accordance with the Health Information Technology and Economic and Clinical Health Act of 2009.

GLBA Safeguards Rule

Company has and will make available Customers upon written request, information protection policies and procedures in compliance with the Financial Services Modernization Act of 1999.

FACTA Red Flags Rule

Company will also conduct its activities in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft, to the extent such policies and procedures are applicable to its services.

Description of Claims

Customer must submit any claim relating to a Service to the Company in writing within a reasonable time and no later than three (3) months after the event upon which the claim is based.

Arbitration of Disputes

Any claim, controversy, or dispute arising out of or relating to this Agreement, or any interpretation or breach of this Agreement or performance under this Agreement, that cannot be resolved within fifteen (15) days by informal discussions between the parties, shall be resolved by submission to final, binding, and non-appealable arbitration, with neither party having the right to a trial de novo in court. This arbitration and all pre-hearing, hearing, and post-hearing arbitration procedures, including discovery, disclosure of arbitrator's interests, and challenge of arbitrator designation, shall be conducted in accordance with the American Arbitration Association's Commercial Arbitration Rules. The American Arbitration Association will choose just one arbitrator.

Restrictions on Liability

Customer agrees that Company shall not be responsible or liable in any way for the release or loss of any materials deposited in bins or otherwise delivered to it for secure destruction, unless the release or loss is the result of Company's neglect or intentional misconduct. Company's maximum liability for any and all claims arising out of Services provided under this Agreement shall not exceed the aggregate amounts paid by Customer for Services provided at a specific Customer location during the six (6) months prior to the event giving rise to the claim. Company shall never be liable for any consequential, incidental, special, or punitive damages, regardless of whether the action is based on tort, contract, or any other legal theory.

Ownership Assurance

Customer warrants that it is the owner, lawful custodian, or otherwise has the right to deliver any and all materials Customer provides to Company under this Agreement.

Mutually Binding

This Agreement binds the parties as well as their respective successors and assigns.

Force Majeure

Each party shall be excused from any delay or failure in performance under this Agreement for any period caused by acts of God, government actions, labor unrest, riots, or other causes beyond its control.

Relationship between the Parties

Company is an independent contractor under this Agreement and has the exclusive right and responsibility to supervise, administer, contract, direct, procure, perform, or cause to be performed all work stipulated by Company under this Agreement.

Lack of Validity

If any provision of this Agreement is declared invalid by a court of competent jurisdiction, then such provision shall be automatically amended to the minimum extent necessary to meet the requirements for validity as declared at such time and shall be considered a provision of this Agreement as if originally included. In the event that the invalidated provision is of such a nature that it cannot be modified, the provision shall be deemed deleted from this Agreement as if it had never been included. In either event, the remaining provisions of this Agreement shall remain in effect.