Disclosures
Tibet House U.S., Inc. (a New York Not-for-Profit) and its Independent Contractors/Vendors/Teachers
This website is owned by Tibet House, U.S., Inc., and our program offerings are offered and delivered by Tibet House, U.S., Inc. and its Independent Contractors, Vendors and Teachers.
© 2022 Tibet House, U.S., Inc. All rights reserved.
By viewing this website or anything made available on or through this website, including but not limited to programs, products, services, packages, opt-in gifts, free downloads, videos, webinars, blog posts, e-newsletters, consultations, emails, social media and/or other communication (collectively referred to as “Website”), and registering for and participating in programs or other experiences offered by Tibet House U.S., Inc. (“Tibet House”), and its Independent Contractors, Vendors and Teachers (“Contractors”), you are agreeing to accept all parts of this Disclaimer and Indemnification Agreement. Thus, if you do not agree to the Disclaimer below, STOP now, and do not access or use this Website and do not register or participate in any activities or programs or experiences offered.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
The information provided in or through this Website or in registration and/or program materials and content is for educational and informational purposes only and solely as a self-help tool for your own use.
NOT MEDICAL, MENTAL HEALTH, OR RELIGIOUS ADVICE.
Neither Tibet House nor its Contractors are holding themselves out to be a doctor/physician, nurse, physician’s assistant, advanced practice nurse, or any other medical professional (“Medical Provider”), licensed psychiatrist, licensed psychologist, licensed therapist, or licensed social worker (“Mental Health Provider”), registered dietician or licensed nutritionist. Neither Tibet House nor its Contractors provide health care, medical or nutritional therapy services, or attempt to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided on the Website pertaining to any aspect of your life or offered experiences is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. By visiting the Website and/or participating in the offerings, you agree and acknowledge that neither Tibet House nor its Contractors provide medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing or attempting any content from our Website or program offerings. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website or experienced in our offerings. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If at any time you experience feelings of self-harm or other potentially life-threatening symptoms, you expressly agree to consult a Medical Health Provider immediately. The information contained on this Website and in the program offerings has not been evaluated by the Food and Drug Administration.
PERSONAL RESPONSIBILITY.
You aim to accurately represent the information provided to us on or through our Website and in connection with our program offerings. You acknowledge that you are participating voluntarily in using our Website and participating in our program offerings, and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website or before, during or after participating in our program offerings, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from the Website or the program offerings to your life, family or business.
NO GUARANTEES.
Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website or through the program offerings.
TESTIMONIALS.
In connection with the Website and the program offerings, real world experiences, testimonials, and insights about other people’s experiences may be presented. These are for purposes of illustration only. The testimonials, examples, and photos used may be of actual clients and results they personally achieved, or they are comments from individuals who can speak to my character and/or the quality of the Website and/or program offerings. They are not intended to represent or guarantee that current or future participants will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
ASSUMPTION OF RISK.
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of the Website or during participation in the program offerings that cannot be foreseen and that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through the Website or program offerings is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all of these risks, without limitation.
LIMITATION OF LIABILITY.
By using this Website and/or participating in the program offerings, you agree to absolve Tibet House and its Contractors of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on the Website or from participation in the program offerings. You agree that neither Tibet House nor its Contractors will be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on the Website or participation in the program offerings. By using the Website and/or registering and/or participating in the program offerings, you agree that neither Tibet House nor its Contractors assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by Tibet House or its Contractors or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with Tibet House or its Contractors.
INDEMNIFICATION AND RELEASE OF CLAIMS.
You hereby fully and completely hold harmless, indemnify and release Tibet House and its Contractors and any of our agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with my business or me from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Website or connected with the program offerings.
NO WARRANTIES.
NEITHER TIBET HOUSE NOR ITS CONTRACTORS MAKE ANY WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF THE WEBSITE OR THE PROVISION OR DELIVERY OR RESULTS OF PROGRAM OFFERINGS. NEITHER TIBET HOUSE NOR ITS CONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE OR THE PROVISION OR DELIVERY OR RESULTS OF PROGRAM OFFERINGS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIBET HOUSE AND ITS CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ERRORS AND OMISSIONS.
Although every effort is made to ensure the accuracy of information shared on or through this Website or before, during or after the program offerings, the information may inadvertently contain inaccuracies or typographical errors. You agree that neither Tibet House nor its Contractors are responsible for the views, opinions, or accuracy of facts referenced on or through the Website or before, during or after the program offerings, or of those of any other individual or company affiliated with my or Tibet House or its Contractors. Because scientific, technology and business practices are constantly evolving, you agree that I am not responsible for the accuracy of the Website, the content or experience of the program offerings, or for any errors or omissions that may occur.
NO ENDORSEMENT.
References or links in the Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute the formal endorsement of Tibet House and its Contractors. We are merely sharing information for your own self-help only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced on the Website or identified or described in the program offerings. Conversely, should a Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute the Tibet House’s or its Contractors’ formal endorsement of them, their business or their website either.
AFFILIATES.
From time to time, Tibet House or its Contractors may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align. In the spirit of transparency, we want you to be aware that there may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. For example, Amazon Services LLC Associates Program is an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. Please note that we are highly selective and we only promote the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service are appropriate for you. You are assuming all risks, and you agree that neither Tibet House nor its Contractors are liable in any way for any program, product or service that we may promote, market, share or sell on or through the Website or before, during or after the program offerings.
By using the Website and registering or participating in the program offerings, you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact Tibet House at 212 807 0563 or either the Executive Director [email protected] or [email protected].
Privacy policy last updated 10/4/2022
INTRODUCTION
Tibet House US (also herein referred to as the “THUS”) is committed to protecting the privacy of its online guests, customers, members, donors, and friends. We understand that maintaining privacy on the all of the sites associated with THUS/MENLA (Thus.org, [email protected], Menla.org) is very important, and that informing our visitors about the types of information we collect and how we use it is in keeping with THUS’s standards for transparency and disclosure.
TYPES OF INFORMATION COLLECTED
THUS does not collect any personal information about individuals, such as names, postal or email addresses, or other personally identifying data (the “personal data”) except when such information is knowingly provided. Personal information may be transmitted as part of a form submission or in connection with other activities, services, or resources available on our website.
INFORMATION PROVIDED BY VISITORS
Online Mailing Lists
When you subscribe to our online mailing list(s), THUS will request information necessary to process your subscription and send you the information you seek: your name, address, telephone number, email address, and areas of interest. Your personal data may be used as set forth below.
INFORMATION COLLECTED AUTOMATICALLY
Non-Personal Information
THUS does automatically collect some anonymous “non-personally identifiable” aggregate information about visitors when pages are requested through a browser. This information is used for statistical purposes, to help us monitor how visitors navigate our site, allowing us to tailor our services for specific groups of visitors. Non-personally identifiable information may refer to information about our visitors’ browsers (e.g., Google Chrome or Safari), operating systems (e.g., Windows or MacOS), Internet Service Providers (e.g., Verizon, Optimum, etc.), and other similar information.
Aggregate Information
THUS collects IP addresses as a component of the non-personally identifiable aggregate information. An IP address is a number assigned to your computer by a web server when you’re on the Internet. This information is used only for non-user-specific purposes such as determining how many users visited a specific area of our site. Such information could, if necessary, also be used to identify a user in order to comply with safety and/or security issues or with legal requirements, but only in extraordinary circumstances.
Cookies
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies can’t read data from your hard drive or read cookie files that were created by other sites—the website that creates a cookie is the only website a browser will permit to access it. Examples of ways in which THUS might use cookies are to control access to certain user features, to customize content areas, and to analyze site activity and user behavior. THUS may also use cookies in the future in conjunction with new content or extended functionality.
If you are concerned about the use of cookies, THUS suggests that you explore your browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. Users should be aware, however, that prohibiting the use of cookies may restrict the user’s access to certain types of content or features. Numerous online resources explain cookies and describe how to disable them.
HOW INFORMATION IS USED
Any personal information provided to THUS is maintained and accessible only by THUS unless explicitly stated otherwise.
Marketing and Promotion
If you give us permission, we may use any personal data you submit for THUS marketing and promotional purposes. For example, on occasion THUS sends email to inform users of new exhibitions or other events we think might be of interest to them. If you provide us with your email address, this will be deemed permission for us to email you information about our exhibition, events, and other programs and activities, as well as for any marketing or promotional purposes. However, you may withdraw this permission using our opt-out procedure. You will not receive such communications unless you have knowingly provided the personal information required. In some cases, you will be required to opt-in by joining a newsgroup or mailing list. If you do opt-in, you will always have the option to opt-out at any time by unsubscribing to that particular list or following the opt-out instructions included within the body of the email message
Opt-Out
If for any reason you do not wish to receive further email from THUS, please follow the instructions for unsubscribing included within the body of the message that was sent to you.
WITH WHOM INFORMATION IS SHARED
THUS uses the services of reputable third-party agents in order to provide certain services to its online users, such as email. THUS has taken precautions to ensure that the privacy of its online visitors is protected by any third party agents. In cases when users leave THUS’s site to visit one of its agents or linked sites, users are encouraged to become familiar with the privacy statements of each site they visit.
LINKS TO OTHER SITES
Users may find content on THUS’s site that links to the sites and services of other organizations. In many cases, these links represent cooperative projects or are established with persons or entities that have a significant connection to or relationship with our site. Although every effort is made to ensure that any referrals are to reputable and relevant sources, THUS does not control the content or links that appear on these sites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy at all. THUS maintains a policy against the nonconsensual collection or sharing of personal information and encourages visitors to review the privacy policies of any sites they visit to ensure their personal information is being protected.
POLICY CHANGES
Occasional changes may be made to this document as new services and content are added to our site or to reflect changes in THUS’s policies. Visitors to THUS’s website are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using any of THUS’s website(s), you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of any of these three sites following the posting of changes to these terms will indicate your acceptance of those changes.
Introduction
Tibet House US, Inc. (formerly known as “Tibet House, Inc.”) (the “Corporation”) requires its directors, officers, employees and volunteers (each, a “Protected Person”), to observe high standards of business and personal ethics in the performance of their duties on the Corporation’s behalf. As employees and representatives of the Corporation, Protected Persons are expected to practice honesty and integrity in fulfilling their responsibilities and are required to comply with all applicable laws and regulations.
The objective of this Whistleblower Policy is to encourage and enable Protected Persons, without fear of retaliation, to raise concerns regarding suspected unethical and/or illegal conduct or practices on a confidential and, if desired, anonymous basis so that the Corporation can address and correct inappropriate conduct and actions
This policy is not intended as a vehicle for reporting violations of the Corporation’s applicable human resources policies, problems with co-workers or managers, or for reporting issues related to alleged employment discrimination or sexual or any other form of unlawful harassment, all of which should be dealt with in accordance with the Corporation’s Personnel Policies and Procedures, as it is those policies and procedures that are applicable to such matters.
Reporting Responsibility
It is the responsibility of all Protected Persons to report in good faith any concerns they may have regarding actual or suspected activities which may be illegal or in violation of the Corporation’s policies with respect to, without limitation, fraud, theft, embezzlement, accounting or auditing irregularities, bribery, kickbacks, and misuse of the Corporation’s assets, as well as any violations or suspected violations of high business and personal ethical standards, as such standards relate to the Corporation (each, a “Concern”), in accordance with this Whistleblower Policy.
No Retaliation
No Protected Person who in good faith reports a Concern shall suffer intimidation, harassment, retaliation, discrimination, adverse employment consequence, or other retaliation because of such report. Any employee of the Corporation who retaliates against someone who has reported a Concern in good faith is subject to discipline up to and including termination of employment. Notwithstanding anything contained herein to the contrary, this Whistleblower Policy is not an employment contract and does not modify the employment relationship between the Corporation and its employees, nor does it change the fact that employees of the Corporation are employees at will. Nothing contained herein is intended to provide any Protected Person with any additional rights or causes of action, other than those provided by law.
Reporting Concerns
Any Concerns should be reported as soon as shall be practicable to the Chair of the Corporation’s Governance Committee (the “Compliance Officer”). Any questions with regard to the scope, interpretation or operation of this Whistleblower Policy should also be directed to the Compliance Officer.
Compliance Officer
The Compliance Officer is responsible for investigating and resolving all reported Concerns and shall advise the Governance Committee of all reported Concerns. The Compliance Officer shall report to the full Board of Directors at each regularly scheduled board meeting on compliance activity.
Accounting and Auditing Matters
The Governance Committee of the Board of Directors shall address all reported Concerns regarding corporate accounting practices, internal controls or auditing (“Accounting Concerns”). The Compliance Officer shall immediately notify the Governance Committee of any Accounting Concern and shall work with the committee until its resolution. Promptly upon receipt, the Governance Committee shall evaluate whether a Concern constitutes an Accounting Concern and, if so, shall promptly determine what professional assistance, if any, it needs in order to conduct an investigation. The Governance Committee will be free in its sole discretion to engage outside auditors, counsel or other experts to assist in the investigation and in the analysis of results.
Investigations and Deliberations
The Compliance Officer may delegate the responsibility to investigate a reported Concern, whether an Accounting Concern or otherwise, to one or more employees of the Corporation or to any other individual, including persons not employed by the Corporation, selected by the Compliance Officer; provided that the Compliance Officer may not delegate such responsibility to an employee or other individual who is the subject of the reported Concern or in a manner that would compromise either the identity of an employee who reported the Concern anonymously or the confidentiality of the complaint or resulting investigation. Employees of the Corporation may not participate in any Board or Governance Committee deliberations or voting relating to the administration of this Whistleblower policy, and the person who is the subject of an investigation may not be present in Committee or Board deliberations or vote on the matter relating to the complaint. However, a person who is the subject of an investigation may present information as background or answer questions at a meeting of the Board of Directors or Governance Committee prior to the commencement of deliberations or voting relating thereto.
Notwithstanding anything herein to the contrary, the scope, manner and parameters of any investigation of a reported Concern shall be determined by the Governance Committee in its sole discretion and the Corporation and its employees shall cooperate as necessary in connection with any such investigation.
Acting in Good Faith
Anyone reporting a Concern must act in good faith and have reasonable grounds for believing that the information disclosed may indicate a violation of law and/or ethical standards. Any allegations that prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.
Confidentiality
The Corporation takes seriously its responsibility to enforce this Whistleblower Policy and therefore encourages any person reporting a Concern to identify him or herself so as to facilitate any resulting investigation. Notwithstanding the foregoing, in reporting a Concern, a Protected Person may request that such report be treated in a confidential manner (including that the Corporation take reasonable steps to ensure that the identity of the reporting person remains anonymous). Concerns may also be reported on an anonymous basis. Reports of Concerns will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.
Handling of Reported Concerns
The Compliance Officer will acknowledge receipt of each reported Concern within seven business days, but only to the extent the reporting person’s identity is disclosed or a return address is provided. All reports will be promptly investigated; the scope of any such investigation being within the sole discretion of the Governance Committee, and appropriate corrective action will be taken if warranted by the investigation.
Records
The Governance Committee will retain on a strictly confidential basis for a period of seven years (or otherwise as required under the Corporation’s record retention policies in effect from time to time) all records relating to any reported Concern and to the investigation and resolution thereof. All such records are confidential to the Corporation and such records will be considered confidential.
Distribution
The Corporation shall post the Whistleblower Policy on its website and make copies available to all directors, officers, employees and volunteers.
Compliance Officer Contact Information
Michael McCormack
Tibet House US, Inc.
Record Retention and Destruction Policy
(As Adopted ________, 2022)
Purpose
This policy is intended to assure that all records regarding the operations of Tibet House US, Inc. (the “Organization”) are maintained as long as they remain useful to achieving the Organization’s purpose, are retained for so long as the Organization is legally required to do so, are not accidently or innocently destroyed, and are properly disposed of when they are no longer useful or required by law to be retained.
Record Retention
The term “records” includes all documents and records that the Organization and its personnel create or receive in connection with carrying on the Organization’s activities, whether on paper, in electronic files, by voice mail or any other form or medium.
It is imperative that you fully understand and comply with this and any future records retention or destruction policies and schedules that the Organization adopts.
The tables attached in Annex A set forth minimum retention periods for various types of records. The ultimate decision whether to retain particular records longer will be made by the designated record retention supervisor (the “Supervisor”) of the Organization, who is responsible for this policy. Records that are not specifically listed in Annex A should be retained for the same period as the listed records they most closely resemble. Correspondence related to any record should be retained for the same period as the related record. If you have any question on how a record should be treated, err on the side of caution and ask the Supervisor.
Record Storage
Records must be stored so they are secure and accessible. Security procedures must be followed to prevent malicious or unauthorized access. Records that are vital to restoring operations after a disaster or recreating the Organization’s legal or financial status should be duplicated and the duplicates kept off-site.
Record Destruction
Records will be destroyed or disposed of when they are no longer subject to retention in accordance with this policy, subject to the oversight of the Supervisor. Destruction or disposal should be by a means that ensures permanency and, in the case of electronic records, complete erasure. Applicable data privacy laws may apply and must be followed. In particular, records that contain confidential or personal information of the Organization or other persons must be destroyed or disposed of so that the confidentiality of that information is preserved.
Suspension of Record Destruction
If a lawsuit is filed or reasonably anticipated, a governmental investigation is pending or threatened, or a legal document request has been made upon the Organization, all destruction or disposal of records, including routine destruction under this policy, MUST CEASE. Any records that are identified as relevant to any of the foregoing must be preserved until it is definitively determined by the Organization’s legal counsel that they are no longer relevant. This paragraph describes legal obligations of the Organization and failure to comply can have serious legal consequences. Any questions regarding these obligations should be addressed to the Secretary of the Organization.
Supervision of Record Retention and Destruction
The Supervisor is responsible for implementing and administering this policy. All questions regarding record retention and destruction, as well as this policy, should be addressed to him or her.
Violations of this Policy
Violations of this policy will be subject to such disciplinary and corrective action as the Board of Directors deems appropriate.
Periodic Reviews
The Board of Directors shall review this policy periodically to ensure that it continues to satisfy the obligations of the Organization. Any changes to the policy will be communicated promptly to all staff.
# # # #
ANNEX A
Tibet House US, Inc.
Minimum Record Retention Periods
Fundamental Corporate Records | |
Articles or certificate of incorporation and amendments | Permanent |
Bylaws and amendments | Permanent |
Records of Board and Board committee actions | Permanent |
IRS application for tax-exempt status | Permanent |
IRS tax-exempt determination letter | Permanent |
IRS taxpayer identification number notice | Permanent |
State taxpayer identification number notice | Permanent |
State sales tax exemption letter | Permanent |
Business licenses | Permanent |
Corporate Tax Records | |
IRS annual Form 990, 990-EZ, 990-N, 990-T and 990-W tax reports and all schedules and attachments | Permanent |
State annual reports and all schedules and attachments | Permanent |
Depreciation schedules and backup | 7 years after disposition of asset |
Employment withholding tax records | 6 years |
IRS audit reports and related documents | Permanent |
Federal and State payroll tax returns | 10 years |
FICA wage records and returns on Form 941 | 6 years |
Forms 1099 | 6 years |
Forms 8282, 8283 and 8300 – cash transaction reports | 7 years |
Retirement and pension plan returns | Permanent |
Employee W-2 and W-4 forms | 6 years |
Property tax records | 7 years |
Other tax records | 6 years |
Accounting Records | |
Audit reports and annual financial statements | Permanent |
Accounting ledgers (general, accounts receivable, accounts payable) and related records | 7 years |
Journals (general, cash receipts, cash disbursements, payroll, sales, purchases) and related records | 7 years |
Fixed asset records | Permanent |
Business expense records | 7 years |
Employee Records | |
Employee benefit plan disclosures, annual reports and summary plan descriptions | Permanent |
Employee handbook | Permanent |
Group disability records | 10 years |
Immigration – INS Form I-9 (employment eligibility verification form) | 7 years after termination of employment |
Individual employee records | |
Applications for hire | 1 year (not hired), otherwise 7 years after termination of employment |
Employment, internship, secondment, termination and separation agreements | 7 years after termination of employment |
Personnel files | 7 years after termination of employment |
Benefit, pension and retirement plan records | 7 years after employee leaves the plan |
Documents relating to appraisals, promotions, demotions, transfers, layoffs, terminations, etc. | 7 years after termination of employment |
Earnings records, including time cards | 7 years after termination of employment |
Employee medical records | 7 years after termination of employment |
Expense reports – travel and entertainment | 7 years |
Family and Medical Leave Act (FMLA) records | 7 years after termination of employment |
Payroll records | Permanent |
Worker’s compensation claims and related documents | 7 years after termination of employment |
Unemployment insurance records | 7 years after termination of employment |
Employee exposure and medical records regarding toxic substances or harmful physical agents | 30 years after termination of employment |
EEO-1 reports (employers with 100 or more employees) | Permanent |
General Business Records | |
Accident reports | 7 years |
Bank deposit slips | 7 years (may be available online) |
Banking documents | 7 years (may be available online) |
Brokerage statements and stock transaction records | 7 years (may be available online) |
Capital stock book | Permanent |
Contracts and leases generally | 7 years after expiration |
Collective bargaining agreements | Permanent |
Correspondence (general) | 7 years |
Correspondence (legal and tax) | Permanent |
Evacuation and emergency action plan | Permanent |
Insurance audit reports | 10 years |
Insurance claims | 10 years after settlement |
Insurance policies and certificates | 7 years after expiration |
Litigation or litigation-related support documentation | Permanent |
Invoices | 7 years |
Sales records (box office, concessions, gift shop) | 5 years |
Petty cash vouchers | 3 years |
Cash receipts | 3 years |
Credit card receipts | 3 years |
Purchase orders | 7 years |
Receipts (cash and other office receipts) | 7 years |
Sales invoices | 7 years |
Vendor invoices | 7 years |
Warranty documents | 1 year after expiration |
Donation and Funding Records | |
Records relating to fundraising activities | 7 years |
Records relating to donations received | 7 years |
Records relating to grants or funding to beneficiaries, including case histories on grants to individuals | 7 years after completion |
Records of searches on beneficiaries of funds abroad, including Office of Foreign Asset Control databases, pursuant to U.S. anti-terrorism laws | 5 years |
Legal and Risk Management Records | |
Copyright, patent and trademark registrations and related documents | Permanent |
URL registrations and terms and policies relating to websites maintained | 7 years from termination of registration or of policy |
Policies of insurance and all riders and endorsements | Permanent |
OSHA documents (except employee exposure and medical records) | 5 years |
Contracts | 7 years after termination |
Documents relating to pending or threatened litigation or governmental investigation or administrative action | 7 years from final judgment or settlement |
Property Records | |
Deeds, bills of sale and title documents | 7 years after disposition of asset |
Mortgages and notes, amendments and discharges | Permanent |
Leases | 7 years after termination |
Property appraisal and valuation reports | 7 years after disposition of asset |
Motor vehicle records | 7 years after disposition |
TIBET HOUSE US, INC.
CONFLICT OF INTEREST POLICY
PURPOSE
The purpose of this policy (the “Policy”) is to protect the interests of Tibet House US, Inc. (the “Corporation”) when it is contemplating entering into a transaction or arrangement that might benefit the private interest of a Director, Officer, or Key Employee of the Corporation. The Corporation will not enter into any such transaction or arrangement unless it is determined by the Board in the manner described below to be fair, reasonable and in the best interests of the Corporation at the time of such determination.
This Policy is intended to supplement, but not replace, any applicable state and federal laws governing conflicts of interest applicable to non-for-profit and charitable organizations.
RELATED PARTY TRANSACTIONS AND DUTY TO DISCLOSE
A Related Party Transaction is not necessarily a prohibited transaction. Under this Policy, if the Corporation contemplates entering into a Related Party Transaction, the Board or authorized Board Committee must determine if the transaction is fair, reasonable, and in the best interests of the Corporation at the time of such determination.
If at any time during his or her term of service a Related Party acquires any Financial Interest or when any matter for decision or approval comes before the Board in which a Related Party has a Financial Interest, that Financial Interest or potential Related Party Transaction must be promptly disclosed in writing to each member of the Board, the President, and to the Chair of the authorized Board Committee, together with all material facts. The Board will then follow the procedures in Article 4 of this Policy.
Failure to disclose to the Board a known Financial Interest or a known potential Related Party Transaction may be grounds for removal from the Board or termination from the Corporation.
DISCLOSURE AND VOTING
Disclosure. Any Related Party shall disclose in good faith all material facts of his or her Financial Interest to the Board.
Non-Participation and Review. All transactions, agreements or any other arrangements between the Corporation and a Related Party, and any other transactions which may involve a potential conflict of interest, shall be reviewed by the Board or authorized Board Committee. All Related Parties with a Financial Interest shall leave the room in which such deliberations are conducted. The Board or authorized Board Committee will then determine whether the contemplated Related Party Transaction is fair, reasonable, and in the best interests of the Corporation at the time of such determination. The Corporation will not enter into any Related Party Transaction unless it is determined to be fair, reasonable and in the best interest of the Corporation at the time of such determination.
Consideration of Alternate Transactions and Comparability Data. If the contemplated Related Party Transaction pertains to compensation for services or the transfer of property or other economic benefit to a Related Party, the Board or authorized Board Committee must determine that the value of the economic benefit provided by the Corporation to the Related Party does not exceed the value of the consideration received in exchange by obtaining and reviewing appropriate comparable data prior to entering the transaction.
In those instances where the contemplated Related Party Transaction does not involve compensation, transfer of property or benefits to a Related Party, the Board or authorized Board Committee must consider alternative transactions to the extent possible, prior to entering into such transaction.
Comparability Data. When considering the comparability of compensation, for example, the types of relevant Comparability Data which the Board or authorized Board Committee may consider include, but are not limited to (1) compensation levels paid by similarly situated organizations, both exempt and non-exempt; (2) the availability of similar services within the same geographic area; (3) current compensation surveys compiled by independent firms; and (4) written offers from similar institutions competing for the same person’s services. When the transaction involves the transfer of real property as consideration, the relevant factors include, but are not limited to (i) current independent appraisals of the property, and (ii) offers received in a competitive bidding process.
Voting. The Board or shall, after considering alternate transactions and/or comparability data, determine in good faith by vote of the Board or authorized Board Committee whether the transaction or arrangement is fair, reasonable, and in the best interest of the Corporation at the time of such decision. The transaction shall be approved by not less than a majority vote of the Directors or Committee members present at the meeting. In conformity with the above criteria, the Board shall make its decision as to whether to enter into the transaction or arrangement and shall document the meeting contemporaneously under Article 6 of this Policy.
All Related Parties with a Financial Interest must not be present for deliberations and voting on the transaction or arrangement in which he or she has a Financial Interest. However, Related Parties are not prohibited from providing information regarding the transaction to the Board prior to the Board’s deliberations. No Director or Officer shall vote, act, or attempt to influence improperly the deliberations on any matter in which he or she has been determined by the Board to have a Financial Interest. Any attempt to vote, act, or improperly influence deliberations by a Related Party on any matter with which such person has a Financial Interest may be grounds for removal from the Board or termination from the Corporation.
Compensation. A voting member of the Board of Directors or an Officer who receives compensation directly or indirectly from the Corporation for services or a Director serving as a voting member of any Committee whose jurisdiction includes compensation matters is precluded from voting or acting on matters pertaining to that Director’s or Officer’s compensation.
No voting member of the Board or any Committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Corporation, either individually or collectively, is prohibited from providing information to any Committee regarding compensation.
AUTHORIZED COMMITTEE REVIEW
The Board may delegate to an authorized Board Committee, which shall be comprised solely of Independent Directors, the adoption, implementation of and compliance with this policy. The Board may delegate to an authorized Board Committee review and approval of any Related Party Transaction involving a Related Party and the Corporation, as contained in this Policy; provided that if the Related Party Transaction is of a magnitude that would otherwise require full Board approval, the authorized Board Committee shall submit the Related Party Transaction to the Board for consideration, providing its recommendation as to whether or not to approve it.
In the event the Board delegates the review and approval of Related Party transactions to a committee, all references to Board in this Policy shall be deemed to refer to such Committee and all references to a majority of the Board shall be deemed to refer to a majority of such Committee.
RECORDS OF PROCEEDINGS
The minutes of all meetings of the Board and all Committee meetings at which a Related Party Transaction is considered shall contain:
- The names of the persons who disclosed or otherwise were determined to have a potential or actual Financial Interest and/or conflict of interest, the nature of the potential or actual Financial Interest and/or conflict of interest, any action taken to determine whether a Financial Interest or conflict of interest exists, and the Board’s decision as to whether a Financial Interest and/or conflict of interest exists.
- The names of the persons who were present for discussions and votes relating to any determinations under Article 6(a) above, including whether the Related Party left the room during any such discussions, the content of such discussions, including discussion of alternative transactions, and whether or not the transaction with the Related Party was approved by the Board.
- The minutes shall be documented contemporaneously to the decision and discussion regarding the Financial Interest or conflict of interest.
INITIAL AND ANNUAL WRITTEN DISCLOSURES
Prior to a Director’s initial election to the Board, or an Officer or Key Employee’s employment at the Corporation, and thereafter on an annual basis, all Directors, Officers, and Key Employees shall disclose in writing to the Secretary of the Corporation:
Any entity of which such person or a Relative of such person is an officer, director, trustee, member, owner, or employee and with which the Corporation has a relationship,
Any Financial Interest such person may have in any corporation, organization, partnership or other entity which provides professional or other goods or services to Corporation for a fee or other compensation, and
Any position or other material relationship such Director, Officer, Key Employee, or Relative of such person, may have with any not-for-profit corporation with which the Corporation has a business relationship.
A copy of each disclosure statement shall be kept in Corporation’s files and made available to any Director, Officer, or Key Employee upon request.
ANNUAL STATEMENTS
Each Director, Officer, and Key Employee shall annually sign and submit to the Secretary of the Corporation a statement which affirms such person: (a) has received a copy of this Policy, (b) has read and understands the Policy, and (c) has agreed to comply with the Policy.
DEFINITIONS
Affiliate. An affiliate of the Corporation is a person or entity that is directly or indirectly through one or more intermediaries, controlled by, in control of, or under common control with the Corporation.
Board of Directors. The body responsible for the management of the Corporation.
Director. Any voting or non-voting member of the governing board of a corporation, whether designated as a director, trustee, manager, governor, or by any other title.
Financial Interest. A person has a Financial Interest if such person would receive an economic benefit, directly or indirectly, from any transaction, agreement, compensation agreement, including direct or indirect remuneration as well as gifts or favors that are not insubstantial or other arrangement involving the Corporation.
Independent Director. A member of the Board of Directors (the “Board”) who:
- Has not been an employee of the Corporation or an Affiliate of the Corporation within the last three years;
- Does not have a Relative who has been a Key Employee of the Corporation or an Affiliate of the Corporation within the last three years;
- Has not received and does not have a Relative who has received more than $10,000 in compensation directly from the Corporation or an Affiliate of the Corporation in any of the last three years (not including reasonable compensation or reimbursement for services as a Director, as set by the Corporation);
- Does not have a substantial Financial Interest in and has not been an employee of, and does not have a Relative who has a substantial Financial Interest in or was an Officer of, any entity that has made payments to or received payments from, the Corporation or an Affiliate of the Corporation in excess of the lesser of: (a) $25,000 or (b) 2 percent of the entity’s consolidated gross revenue over the last three years (payment does not include charitable contribution);
- Is not in an employment relationship under control or direction of any Related Party and does not receive payments subject to approval of a Related Party;
- Does not approve a transaction providing economic benefits to any Related Party who in turn has approved or will approve a transaction providing economic benefits to the Director.
Key Employee. A Key Employee is a person who is, or has within the last five years, been in a position to exercise substantial influence over the affairs of the Corporation. This includes, but is not limited to:
- Voting members of the Board;
- Presidents, chief executive officers, chief operating officers or employee of any other title with similar responsibilities;
- Treasurers and chief financial officers or employee of any other title with similar responsibilities; or
- A “highly compensated” employee, within the meaning of section 4958 of the Internal Revenue Code and guidance issued by the Internal Revenue Service, who is in a position to exercise substantial influence over the affairs of the Center.
Officer. A person who has the authority to bind the Corporation as designated in the bylaws of the Corporation.
Related Party. Persons who may be considered a Related Party of the Corporation or an Affiliate of the Corporation under this Policy include:
- Directors, Officers, or Key Employees of the Corporation or an Affiliate of the Corporation;
- Relatives of Directors, Officers, or Key Employees;
- Any entity in which a person in (i) or (ii) has a 35 percent or greater ownership or beneficial interest or, in the case of a partnership or professional corporation, a direct or indirect ownership interest in excess of 5 percent;
- Founders of the Corporation;
- Substantial contributors to the Corporation (within the current fiscal year or the past five fiscal years);
- Persons owning a controlling interest (through votes or value) in the Corporation;
- Any non-stock entity controlled by one or more Key Employees.
Related Party Transaction. Any transaction, agreement or any other arrangement with the Corporation or an Affiliate of the Corporation in which a Related Party has a Financial Interest. Any Related Party Transaction will be considered a conflict of interest for purposes of this Policy.
Relative. A Relative is a spouse, ancestor, child (whether natural or adopted), grandchild, great grandchild, sibling (whether whole or half-blood), or spouse of a child (whether natural or adopted), grandchild, great grandchild or sibling (whether whole or half-blood), or a domestic partner as defined in section 2994-A of the New York Public Health Law.
Adopted by the Corporation’s Board of Directors by unanimous written consent on _____, 2022.
In response to the public health risk posed by Covid-19, the Tibet House US public space complies with the following health protocols based on applicable federal, state, and local guidelines. Guidelines to keep us all safe are fluid and will be updated in accordance with NYC Covid-19 tracking updates and policy recommendations.
- TRACK YOUR SYMPTOMS & EXPOSURE: Please do not visit if you have a fever or do not feel well.
- WASH your hands frequently with soap and water or use hand sanitizer.
- MASKS: We highly recommend wearing masks or facial coverings that cover your mouth and nose.
RESPECT SOCIAL DISTANCING: Please maintain 6 feet between yourself and others
RESPECT our policies to participate in keeping us all safe.
What you can expect from us:
- We have a fully vaccinated staff that will remain masked in the facilities.
- We have increased cleaning protocols and installed hand sanitizing stations for staff and visitors.
- We stay home when we’re feeling unwell.
Tibet House staff will take measures to reduce interpersonal contact through methods such as:
- Encouraging online booking, advance sales, and remote check-in to limit hand-to-hand contact.
- Maintaining a fluid response to all NYC guidelines for public event spaces.
- Encouraging masks and social distancing as much as possible.
(for Live and Online Courses Provided by Tibet House US)
By registering for any online or in-person program, you agree to the following:
- I am participating in classes, series, workshops or retreats during which I may receive information and instruction about meditation. I understand that the practice of meditation may bring awareness to bodily sensations, thoughts, and feelings, including those that may feel familiar/comfortable and those that may feel unfamiliar/uncomfortable.
- I understand that it is my personal responsibility to consult with a physician prior to and regarding my participation in any physical fitness program, including meditation. I represent and warrant that I have no medical condition that would prevent my participation in physical fitness/meditation activities. If I experience pain or difficulty that is cause for concern during or after practicing the meditation exercises, I understand that I should stop immediately and consult my healthcare provider before continuing on with the meditation exercises. I recognize that I may also choose to do physical movement, such as sitting, standing and walking meditation. I represent and warrant that I will make the instructor aware of any medical conditions or physical limitations before class. If I am pregnant, become pregnant or I am post-natal or post-surgical, my signature below verifies that I have my physician’s approval to participate.
- In consideration of being permitted to participate in the meditation classes, series, workshops and retreats, whether in-person or online, I agree to assume full responsibility for any risks, injuries or damages, known and unknown, which I might incur as a result of participating. I knowingly, voluntarily, and expressly waive any claim I may have against Tibet House/Menla instructors, representatives, agents, staff, employees and independent contractors, for injuries or damages that I may sustain as a result of participating in classes, series or retreats, whether caused by negligence or otherwise.
I have read the above release and waiver of liability and fully understand its contents. By registering for, and participating in any Tibet House sponsored meditation classes, series, workshops and retreats, I voluntarily agree to the terms and conditions stated above.
