Effective May 15, 2019
Information We Collect and Why; Basis for Collection
JAMS collects the following personal information from Users. Except as otherwise indicated below, JAMS does not collect personal information or personal data unless you voluntarily provide it to us. In addition, JAMS limits the personal data it collects to information that is relevant for purposes of processing.
- Purpose of Collection of Other Personal Data; Privacy Shield: We collect certain personal data constituting human resources data or “HR Data” both in the United States and wherever we have employees or associates abroad, which in Europe is limited to our affiliated company in the United Kingdom, JAMS International, 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. The collection of personal data for HR purposes from employees (“associates”) in the United Kingdom is necessary on various bases or grounds, such as in fulfillment of the employment contract between employee and employer, to fulfill legal obligations such tax and social welfare requirements regarding employees, and is a legitimate interest of JAMS, the data controller.
With respect to HR-related personal data about associates and independent Neutrals located in the United Kingdom, access to such data will be provided to such associates 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 would be to the national data protection authority in the jurisdiction where such employees work, primarily the Information Commissioner’s Office (ICO) in the United Kingdom. We will cooperate with any such authority. Most personal data that originates in the United Kingdom, including HR-related personal data, will be maintained at JAMS’s secure data centers in the United States, via a transfer between data controllers within a controlled group of entities, from the UK to JAMS’ data centers in accordance with the Privacy Shield Framework between the EU and the United States, and the intercompany data protection compliance and control protocols.
- Non-HR Data: Non-HR personal data that is collected and processed includes personal data about attorneys, parties and witnesses involved in JAMS cases (arbitration and mediation proceedings) and the Neutrals (arbitrators and mediators) presiding over such proceedings. This personal data is collected only to the extent necessary given JAMS’ legitimate interests as a data controller because such parties to JAMS proceedings and Neutrals participate in ADR legal proceedings under the auspices of JAMS. In many cases, as with the Neutrals, there is also a contractual basis for collecting such data, and with parties in JAMS proceedings there is also a legal and public task basis for such collection. This is also true in the event you opt to engage in a Service offered on the Site, such as using Teachable, a cloud-based training and accreditation app or module, in which event your providing necessary personal data to use the Service would have a contractual basis. Such information may be collected in the European Union (EU) or Switzerland and transferred to the United States in compliance with JAMS’ certification under the Privacy Shield Frameworks.
- 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. In the event that you have accessed the Site from the European Union, consistent with GDPR requirements, you will be presented with a pop-up screen requiring consent to store the cookies described on such screen on your device (other than those that are essential to provide a Service) in order to continue to use the Site and its Services.
- Tracked Information: Our servers automatically track certain information about you as you use our Site, some of which may contain personal data. 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 personal data. We do not ask for, collect or knowingly receive sensitive personal data (except to the extent it exists as part of HR data). To the extent that the aggregate and anonymized Usage Data is obtained from European residents and is not fully de-identified, either we will rely on the legitimate interests of JAMS in collecting such data to provide a better Site experience, or we will ask for your express consent.
How We Use and/or Disclose the Information
We may use personal data that you provide to us deliver effective case management, or to maintain, customize and add new resources and Services that may benefit you, and to allow communication and interaction between you and JAMS, and between JAMS, parties to proceedings, Neutrals and JAMS associates/employees. It is important to emphasize that JAMS never sells your personal information or data to third parties. In addition, we will share the personal data we collect from you under the following circumstances:
- Protection of rights. We will share personal data 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 personal data 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 personal data 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. If you are a resident of the European Union, we will require your express consent in order to be able to send your marketing-related communications, such as newsletters. 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, anonymized 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 personal data in response to lawful requests by public authorities, including to meet national security or enforcement requirements.
Control, Rectification and Erasure of Your Information; Data Portability
European Union/UK Residents:
With respect to human resources-related personal data about employees/associates of JAMS’s affiliated company, JAMS International, located in the United Kingdom, 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.
You have the right to have your inaccurate personal data rectified, or personal data completed if it is incomplete, and even to have your personal data erased. You can request rectification verbally or in writing, and we will respond within 30 days if your request is appropriate. While we are checking out your request, you have the right to ask that we restrict the processing of your personal data. After review, we may respond that we believe the personal data is accurate, and we will not be amending it. If we believe that your rectification request is manifestly unfounded or excessive, or repetitive, we may condition our response on your payment of a reasonable fee to deal with your request, or refuse to deal with it, explaining our decision. In either case, you can then make a complaint to the applicable data protection authority, which because our only JAMS-owned establishment in Europe is in London, should be the UK Information Commissioner’s Office (ICO), as explained in more detail below.
We suggest that you send any request to email@example.com, and call it “GDPR Rectification Request” in the header. This is not a legal requirement, but it increases the likelihood of a timely response if we can catalog your request. If your request is complex or part of multiple requests from you, we have the right to extend our response time by an additional two months provided we keep you informed. If we are uncertain or suspicious about the identity of the person making the rectification request, we can ask you for additional ID.
The right to “erasure” of your personal data is sometimes called the right to be forgotten. However, you only have the right to erasure if our basis for holding your personal data is consent, because your giving consent implies your right to reverse your consent. However, as we are a private judicial organization providing ADR services, most of the personal data we hold is NOT based on your consent, but rather has another basis such as a legal or contractual basis, legitimate interest and/or performance of a public task. For example, if we hold personal data about you as a party to a case administered by JAMS, we will be obligated to hold all such information for a time period often specified by statute (or contract), and we are under no obligation in such circumstance to remove your personal data (or existence) from the case record. In relation to a request for erasure, we will not charge any fee.
We mentioned above that you have the right to request us to restrict the processing of your data, and we will not charge a fee for this provided that the request is not excessive or unreasonable. You have this right in the following circumstances: (i) you contest the accuracy of the personal data; (ii) the personal data has been unlawfully processed, but instead of erasure, you want processing restricted; (iii) we no longer need the personal data, but you would like us to keep it in order to establish, exercise or defend a legal claim; or (iv) you object to our processing of personal data, but we have not yet responded to your request. At that point we will store but not process the data, and we will not lift the restriction until we have rendered a decision on the accuracy of the data or whether our grounds for resuming processing override your legitimate grounds for restriction. We will inform you of our decision before lifting the restriction.
Data Portability: if we process your personal data by automated means based on your consent, or performance of a contract, and not another legal basis, then you have the right to request that we provide you a copy of your personal data in a structured, commonly used, machine-readable form, such as a CSV file. We will do this free of charge. If it is technically feasible, you can request that we transmit the personal data directly to another organization, rather than to you. We will respond to your request within 30 days, unless the request is complex or you send us multiple requests, in which case we have the right upon notice to you to extend our response by another two months.
Under the Privacy Shield Principles, regarding personal data 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 personal data; (ii) have communicated to you such personal data so that you can verify its accuracy and the lawfulness of the data processing; and (iii) have your personal data corrected, amended or deleted where it is inaccurate or processed in violation of such Principles, particularly if it is processed based on your consent (please review preceding paragraphs regarding GDPR rights for EU residents which may be more extensive than the Privacy Shield Principles). We have the right to charge a fee that is not excessive to comply with your request, except as otherwise indicated in the preceding paragraphs. You do not have to justify your request for personal data, 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 personal data, 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.
Data Protection Authority for EU Residents. Given that JAMS’s principal affiliated Regional Center in Europe is headquartered in the United Kingdom, we hereby designate the Information Commissioner’s Office (ICO) as the Lead supervisory authority for any cross-border processing activity, or that involves citizens of more than one EU country, under the GDPR.
Compliance with CCPA (California)
JAMS is also subject to the CCPA, the California consumer privacy law enacted in 2018, which extends to California consumers (individuals) various rights that align to a significant degree with the rights granted to most European residents under the GDPR with respect to their personal data/information. If you are a consumer based in California, the rights you have include:
Right to Disclosure
1. Right to request JAMS to disclose to you: (a) the categories of personal information collected by us; (b) the categories of sources from which the personal information is collected; (c) the business or commercial purpose for collecting or selling personal information (but we don’t sell personal information); (d) the categories of third parties with whom we share personal information; (e) the specific pieces of personal information we have collected about you, the consumer—in all cases upon a verifiable consumer request (“VCR”).
2. If we receive a verifiable consumer request (VCR) to access personal information, we will promptly take steps to disclose and deliver, free of charge, the personal information required by law, which may be delivered by mail or electronically. If delivered electronically, the information shall be in a portable, and if technically feasible, readily usable format permitting transfer by the consumer. We are not required to respond to your VCRs more than twice in a 12-month period. You can make a VCR either by email to firstname.lastname@example.org, to JAMS’s mailing address set forth at the end of this Policy or to the following toll free number in the US 833-479-2272. We are required to disclose and deliver the required information to you free of charge within 45 days of receiving a VCR. The 45-day time period can be extended once by an additional 45 days when reasonably necessary, provided we give you notice during the first 45-day period. The disclosure will cover the 12-month period preceding our receipt of your VCR. The disclosure must be in writing and delivered by mail or electronically at your option, in a readily usable format that facilitates onward transfer of the information by you.
3. We need not retain any personal information collected for a single, one-time transaction if we do not sell or retain the information nor use it to reidentify or link data maintained as your personal information.
4. We are required to disclose at or before the point of collection of personal information: (a) the categories of personal information to be collected, and (b) the purposes for which such categories will be used, and we believe that this Policy achieves those goals. Additional categories of personal information may not be collected or used without providing you with notice.
Right to Deletion
1. We are required to disclose to you that you have the right to have your personal information deleted.
2. If a deletion VCR is received by us, we will delete your personal information from our records and direct any of our service providers to which we have provided such information to delete your personal information from their records
3. But bear in mind that we are not required to comply with your VCR to delete personal information if we need to retain the personal information for the following purposes: (a) to complete the transaction for which personal information was collected, such as providing a product/good or service requested you, or which is reasonably anticipated within the scope of our business relationship with you, or to perform a contract with you; (b) to detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for activity; (c) to debug to identify and repair errors that impair intended functionality; (d) to exercise our right to free speech or ensure the right of another consumer to exercise free speech or another right provided by law; (e) to comply with the California Electronic Communications Privacy Act; (f) to engage in public or peer-reviewed scientific, historical or statistical research in the public interest otherwise subject to applicable ethics and privacy laws, if the research would be seriously impaired by our compliance with your request; (g) to enable solely internal uses reasonably aligned with consumer expectations based on our business relationship with you; (h) to comply with a legal obligation; or (i) otherwise to use personal information internally in a lawful manner compatible with the context in which you provided the information. Since we function as a private arbitral/judicial body, our requirement to retain case information intact often means that we are obligated to retain case-related personal information.
Consumer Rights: Sale of Personal Information or Disclosure for a Business Purpose:
1. If JAMS wanted to sell your personal information, you would have the right to opt out, but we don’t sell personal information.
2. You do have the right to disclosure of categories of personal information about you that are disclosed for a business purpose, which we believe are set forth in this Policy.
Our obligations to you under this law will not prevent our ability to: (i) comply with federal, state or local laws; (ii) comply with civil, criminal or regulatory inquiry, investigation, subpoena or summons; (iii) cooperate with law enforcement agencies; (iv) exercise or defend legal claims; (v) use consumer/personal information that is deidentified or in the aggregate; (vi) collect personal information to extent every aspect takes place outside of California; (vii) avoid violation of an evidentiary privilege under California law, or provide personal information to a person covered by such a privilege.
The CCPA requires that no subject business shall discriminate against you if you exercise your rights under this law, including by: (a) denying goods or services to you/the consumer; (b) charging different prices or rates for goods or services, whether through discounts, other benefits or imposing penalties; (c) providing a different level of goods or services, or suggesting that you will receive a different price, rate, level or quality of goods or services.
All Other Users (Not Covered by GDPR or CCPA):
You have the right to access your personal data. 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 personal data 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 email@example.com. We may choose not to fulfill any request that we determine is illegal or incorrect, where we need to maintain the personal data because of our contractual or legal obligations (e.g., personal data in case files), 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 personal data, as fully as possible in accordance with applicable law and the Privacy Shield Principles. You will also be given notice should we use your personal data for a purpose other than that for which it was originally collected or processed. We do not ask for, collect or knowingly receive sensitive personal data, i.e., personal data specifying medical or health conditions, racial or ethnic origin, political opinions, religious beliefs, or information relating to sex life (unless this is part of case information that we administer). Organizations that seek or disclose such sensitive personal data 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.
Because JAMS provides alternative dispute resolution mechanisms that operate in accordance with judicial procedures, we may also deny or limit access to personal data 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 personal data 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 personal data 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 personal data, 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 personal data 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.