Privacy Notice for JAMS International
The Site is intended to provide information pertaining to alternative dispute resolution and to promote communications between our arbitrators, mediators or others who preside over disputes or conduct alternative dispute resolution services (“Panellists”), associates (employees), and clients. The Site provides access to event information, membership registration, newsletters, links to other internet resources, and more. We use information that we collect from you to efficiently provide the local JAMS International Resolution Centres with demographic and other information to help our organization better serve its clients and the community. By visiting the Site or using any of the Site’s features or online services (collectively, “Services”), you consent to JAMS International’s collection, use, processing, storage, deletion and disclosure of personally identifiable information relating to you as set forth in this Privacy Notice. This Privacy Notice is effective upon posting, and is only applicable to the Site and not to any other website that you may be able to access from the Site (which may have its own data collection and use practices and policies that apply to you).
Information We Collect
JAMS International collects the following information from Users for the purposes stated below. Except as otherwise indicated below, JAMS International does not collect personally identifiable information or “PII” (as defined below) unless you voluntarily provide it to us. In addition, JAMS International limits the PII it collects to information that is relevant for purposes of processing.
• Information You Give Us: All Users may visit the public areas of the Site without disclosing any personal information about themselves. However, in order to use certain Services, you may be asked to fill in online tables with certain personally identifiable information (“PII”), such as your name, email address, mailing address, phone number and similar information, so that we can provide you with the indicated information, such as emailing you our blog or enabling you to initiate a dispute resolution case with us. We only collect PII from you that you choose to provide or authorise us to collect. For example, (1) if you choose to subscribe to our blog, you will be asked to provide your email address; and (2) if you choose to download certain resources and e-books we offer, you will be asked to provide your name, email address, company name and position. If you choose to submit an online case for arbitration or mediation to JAMS International, you will need to complete a case submittal form, which asks for your name, position, company name, address, telephone, email address, website URL and similar information for each party, as well as your preferences for the hearing format, resolution centre and Panellist and other information about your case. Users may request to receive information from JAMS International, or to otherwise interact with JAMS International, in which case an email or other address or other PII may be collected in order to allow us to comply with the request, and for other purposes as may be disclosed to you at the time the request is made or otherwise as set forth in this Privacy Notice.
• Cookies: “Cookies” are small bits of electronic information that a website sends to a User’s browser for storage on your hard drive, which make your interaction with the Site more efficient by remembering you, so for example you may not have to reenter a User ID on a subsequent visit. Like most websites, we employ the use of "cookies" in certain areas of our Site and with certain Services to allow us to provide information that is targeted to your interests and optimises your online experience, such as providing information of potential interest to you based on your use of the Services Most cookies are "session cookies," meaning that they are automatically deleted at the end of your session. Moreover, you are always free to decline our cookies by settling your web browser to reject cookies, although this may adversely affect the usability of the Site. For further information, visit www.allaboutcookies.org.
• Tracked Information: Our servers automatically track certain information about you as you use our Site, some of which may contain PII. This information may include the URL that you just came from, which URL you go to next, which webpages and Services you use, how long you spend on particular webpages, what browser you are using, and your IP address. Our Site logs do track and collect aggregate and sometimes anonymised Site usage data, such as the number of hits and visits to our Site (“Usage Data”). This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to third parties, but the statistics are aggregate and contain no individual PII.
• Sensitive PII: We do not ask for, collect or knowingly receive sensitive PII, i.e., PII specifying medical or health conditions, racial or ethnic origin, political opinions, religious beliefs, or information relating to sex life. Organisations that seek or disclose such sensitive PII must receive your affirmative express consent (opt in) before disclosing it to a third party or using it for a purpose other than that for which it was originally collected or subsequently authorised.
How We Use and/or Disclose Information
We may use PII that you provide to us to personalize your profile information in connection with your use of Services such as case management, or to maintain, customise and add new resources and services, and to allow communication and interaction between you and JAMS International, and between JAMS International parties, Panellists and JAMS associates/employees. In addition, we will share the PII we collect from you under the following circumstances:
• Protection of rights. We will share PII if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Service for the Site, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect the rights, property or safety of JAMS International, its employees, Panellists, Users or others.
• Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of JAMS International’s assets or equity, information on Users, Panellists and associates/employees, including PII collected from you through your use of the Site and its Services, could be included in the transferred assets. Users of the Site will be notified via a prominent notice on the Site prior to a change of ownership or control that would involve a transfer of User information held by us, subject to applicable law including any statutory periods restricting disclosure.
• Service Providers. We engage certain service providers as data processors of PII on our behalf, subject to appropriate confidentiality and security measures including compliance with this Privacy Notice. For example, we may engage an automatic marketing platform and a digital marketing company to email our blog and/or newsletter to Users who provide their contact information when using the Site, or to provide certain relevant announcements (such as announcing new Panellists or new or expanded Services), subject to your right to opt-out of receiving such communications. If any such third party data processors are located outside of the UK and the EU, they are and/or will be subject to contractual agreements to ensure that they only process PII provided by JAMS International in a manner consistent with applicable law in the UK. JAMS International remains responsible for data processing undertaken by its agents in the ordinary course.
• Cross-Border Transfer of PII: Certain PII is transferred from the United Kingdom to servers used by JAMS, Inc., our US group company or affiliate, in the United States, to reside in the ordinary course on servers at JAMS’ secure third party data center. This consists primarily of (1) case information that Users and others provide to JAMS International, including PII, and (2) PII relating to Panellists in the United Kingdom. Such JAMS affiliate has self-certified under the Privacy Shield Framework, an agreement between the EU and the United States to ensure the adequacy of protection of your PII. Finally, while no PII relating to associates/employees of JAMS International reside on servers in the United States in the ordinary course, it is possible that in connection with specific matters relating to such associates/employees, e.g., expense reports, transfers of relevant PII of a limited number of employees may take place to our affiliate in the United States.
• Usage Data. We may share Usage Data and other aggregated information that shows patterns, trends, preferences, and other collective characteristics of our Users, with third parties. Disclosure of this information helps us and our marketing partners to evaluate and tailor our communications, advertisements, Services and general business practices to the needs of our Users.
• Public Authorities. We may disclose your PII in response to lawful requests by public authorities, including to meet national security or enforcement requirements.
Control of Your Information; Opt-Out:
• Right to Access your PII; Opt-Out. You have the right to access your personal data/PII, or to request a copy of the information we hold about you. If you would like a copy of some or all of your PII, please email us at firstname.lastname@example.org, or write to us at the address set forth at the bottom of this Notice. There may be a small charge for this service. You may choose to opt-out if you do not want your PII disclosed to a third party or to be used for a purpose materially different than the purpose for which it was originally collected or subsequently authorised by you (unless the disclosure is merely to an agent performing tasks for us under our instructions or control).. You may request that we update, correct, amend or delete any of the PII or other information we have collected from you, or you may opt out of receiving JAMS International emails and other communications such as newsletters, by sending an email to us at email@example.com. We may choose not to fulfill any request that we determine is illegal or where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, or where the rights of persons other than the individual would be violated, but our intention is to comply with opt-out requests, and other requests that seek to correct, update or delete your PII, as fully as possible in accordance with applicable law. You will also be given notice should we use your PII for a purpose other than that for which it was originally collected or processed.
• PII Transferred out of UK/EU. With respect to PII that is transferred from the UK and/or EU to JAMS, Inc. in the United States as described above, you will have the right to obtain our confirmation as to whether any such transfer occurred and whether PII data processing is occurring outside the UK, and you will have all other rights afforded to you by UK/EU law as applicable.
• HR PII. With respect to human resources-related PII about employees/associates of JAMS International, we use commercially reasonable efforts to ensure that this PII in the ordinary course remains in the United Kingdom and is not processed or stored in the United States. To the extent that any such information is processed in the United States, which may occur, for example, with expense reports, it would only occur for specific employment-related purposes for limited numbers of employees. If appropriate, access to such information will be provided to such associates/employees through JAMS International or via our affiliated company. Should any such employees not be satisfied with internal review procedures or applicable grievance procedures by law or contract regarding data protection rights, recourse in the UK would be to the Information Commissioner’s Office.
• Limits on Access to PII and Case Information. Because JAMS International provides alternative dispute resolution mechanisms, that operate in accordance with judicial procedures, we may also deny or limit access to PII in the following contexts: (i) interference with law enforcement or with private causes of action, including the prevention, investigation or detection of offences or the right to a fair trial, arbitration or mediation; (ii) disclosure where the legitimate rights or important interests of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate reorganisations; or (v) prejudicing the confidentiality necessary for monitoring, inspection or regulatory functions connected with sound management, or in the future or ongoing negotiations involving JAMS International.
• Retaining Your PII. We use commercially reasonable efforts to purge your PII once it is no longer needed for the purpose(s) for which it was collected. Except for record-keeping requirements that apply in connection with human resources-related PII or case management, we periodically purge PII if you ask us to do so, or when retention is no longer necessary.
Security: Any PII that you provide to us is stored on servers, which are located in secure third-party data centres with restricted access, and protected by protocols, procedures and best practices designed to ensure the security of such information. In addition, we restrict access to PII to JAMS International employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Services, and are subject to confidentiality obligations. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Site or any Services. In the event there has been a security breach involving your PII, we would endeavour to notify you promptly in accordance with applicable law. In the event such notification is appropriate under the circumstances, we would first try to notify you at the latest email address we have for you on record, subject to legal requirements.
Children’s Privacy: The Site is a general audience website not intended to persons under 18 years old. We do not knowingly collect PII from any person under the age of 13.
Notification of Changes: This Privacy Notice may change from time to time and we will post the most current, updated Notice here. We suggest that you review it periodically to ensure that you are in agreement with the latest updates.
Questions? Complaints? Contact Us: If you have any questions or complaints about our privacy practices or this Privacy Notice, please contact us by email at firstname.lastname@example.org or by mail at:
70 Fleet Street
London, UK EC4Y 1EU
Attn: Privacy Manager
Terms of Service: Please read the Terms of Service governing use of the Site and the Services.
Effective October, 2016