Effective May 9, 2017
Information We Collect and Why
JAMS collects the following information from Users. Except as otherwise indicated below, JAMS does not collect personally identifiable information or “PII” (as defined below) unless you voluntarily provide it to us. In addition, JAMS limits the PII it collects to information that is relevant for purposes of processing.
- Purpose of Collection of Other PII; Privacy Shield: We collect certain PII constituting human resources data or “HR Data” both in the United States and wherever we have employees or associates abroad, and non-HR Data, generally consisting of personal data about those involved in JAMS cases/proceedings in the United States and abroad, whether such persons are parties to the case, Neutrals involved with the case, or witnesses, for storage and processing on servers in the United States.: While no personal data (PII) relating to associates/employees located in the European Union or Switzerland, i.e., those employed by JAMS' UK affiliate, JAMS International EMEA Ltd, resides on servers in the United States in the ordinary course, it is possible that in connection with specific matters relating to such associates/employees, transfers of relevant PII may from time to time take place to us in the United States for processing. Non-HR Data: Non-HR personal data that is collected and processed includes PII about attorneys, parties and witnesses involved in JAMS cases (arbitration and mediation proceedings) and the Neutrals (arbitrators and mediators) presiding over such proceedings; such information may be collected in the European Union (EU) or Switzerland and transferred to the United States in compliance with the Privacy Shield Frameworks. In particular such PII relating to JAMS case information that Users and others provide to JAMS’s UK affiliate, JAMS International, would in the ordinary course reside on servers at JAMS’s secure third party data center in the United States. PII relating to Neutrals in the United Kingdom also would reside in such data center in the United States.
- 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 Site 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 optimizes 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 always have the right to decline our cookies by setting your web browser to reject cookies, although this may adversely affect the usability of the Site.
- 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, what browser you are using, which webpages and Services you use, how long you spend on particular webpages, and your IP address. Our Site logs track and collect aggregate and sometimes anonymized 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. We do not ask for, collect or knowingly receive sensitive PII.
How We Use and/or Disclose the 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, customize and add new resources and services, and to allow communication and interaction between you and JAMS, and between JAMS, parties, Neutrals and JAMS associates/employees. In addition, we will share the personal information 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, its employees, Neutrals, users of the Services or others.
- Asset/equity transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of JAMS’s assets or equity, information on Users, Neutrals 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.
- Marketing purposes. We will occasionally use your PII for our own marketing purposes, subject to applicable law, and subject to your clearly indicated right to opt-out of receiving any such communications from us. We may send you emails, newsletters, articles of potential interest, announcements involving our Neutrals or new Services, and notice about bar association and legal events that may be of interest to our Users.
- 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 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
You have the right to access your personal data/PII. You may choose to opt out of certain disclosure if you do not want your information disclosed to a third party or be used for a purpose materially different than the purpose for which it was originally collected or subsequently authorized 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 emails and other communications such as newsletters, by sending an email to us at firstname.lastname@example.org. 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 and the Privacy Shield Principles. 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. 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. Organizations 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 authorized.
Under the Privacy Shield Principles, regarding PII transferred from the EU/UK or Switzerland, you will have the right to (i) obtain our confirmation as to whether or not we are processing your PII; (ii) have communicated to you such PII so that you can verify its accuracy and the lawfulness of the data processing; and (iii) have your PII corrected, amended or deleted where it is inaccurate or processed in violation of such Principles. We have the right to charge a fee that is not excessive to comply with your request. You do not have to justify your request for PII, but we have the right to engage in a dialogue with you to better understand what you are seeking. We also have the right to obtain sufficient information about your identity to ensure that the request is not fraudulent. If we determine that access should be restricted, we will provide you with an explanation as to why we made that determination, and give you a contact point for any further inquiries. For example, if we are unable to separate confidential commercial information from your PII, we have the right to deny or limit access to avoid revealing such confidential commercial information or redact the confidential commercial information. Moreover, we have the right to set reasonable limits on the number of times within a given period you have the right to make access requests, so as to limit repetitious or vexatious requests.
With respect to human resources-related PII about employees/associates of JAMS’s affiliated company, JAMS International, we use commercially reasonable efforts to ensure that this PII 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, it would only occur for specific employment-related purposes for small numbers of employees, and the notice and choice Principles would be observed. If appropriate, access to such information will be provided to such associates/employees either directly or through JAMS International. Should any such employees not be satisfied with internal review procedures or applicable grievance procedures by law or contract regarding any complaint about data protection rights, their recourse is to the national data protection authority in the jurisdiction where such employees work. We will cooperate with any such authority.
Because JAMS 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 offenses 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 reorganizations; or (v) prejudicing the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving JAMS.
Any PII that you provide to us is stored on servers located in secure third-party data centers with restricted access, and which are protected by protocols, procedures and best practices designed to ensure the security of such information. In addition, we restrict access to PII to JAMS 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 guarantee the security of any information you transmit to us or through the use of the Site or any of the Services. In the event that we believe that there has been a security breach involving your PII, we would endeavor 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.
The Site is a general audience website not intended for any person under 18 years old. We do not knowingly collect PII from any person under the age of 13.
Notification of Changes
Complaints and Dispute Resolution
Questions? Contact Us
18881 Von Karman Ave.
Irvine, CA 92612
Attn: Sheri Eisner, General Counsel
Terms of Service
Please also read the Terms of Service governing use of the Site and the Services.