Effective March 23, 2021
This Privacy Policy includes JAMS’s Cookie Policy at the end.
Welcome to JAMS and to our website located at www.JAMSADR.com (the “Site”), serving the JAMS Mediation, Arbitration and ADR Services (“JAMS,” “we,” “us” or “our”) and all Site visitors and users (“Users,” “you,” or “your”). JAMS is the largest private alternative dispute resolution (“ADR”) provider in the world, and we are committed to respecting your privacy rights and complying with all applicable privacy legislation. We have established this Privacy Policy, publicly available at the bottom of the home page of the Site, to explain our practices regarding the collection and use of personal information by JAMS and about Site Users no matter where you are located. By “personal information” or “personal data,” we mean any information relating to an identified or identifiable natural person (such as name, address, telephone, email address, GPS information, biometric information, just to give some examples), which alone or with other personal information can identify a natural person/data subject. We will use “personal information,” “personally identifiable information” and “personal data” interchangeably in this Policy. Most of the personal data collected from you is done so that we can provide you with the ADR services you have engaged us to provide.
The Site is intended to provide information pertaining to JAMS alternative dispute resolution services and to promote communication between our arbitrators, mediators or others who preside over disputes or conduct alternative dispute resolution services (“Neutrals”), JAMS associates/employees, and clients. The Site provides access to event information, membership registration, newsletters, the JAMS Access client portal located at access.JAMSADR.com (“ JAMS Access”) that facilitates ADR services and case management via online document management and communications and related functions, links to other internet resources, and more. We use information that we collect from you to efficiently provide the local JAMS Resolution Centers with demographic and other information to help our organization better serve its clients and the community and to enable all aspects of client and Neutral participation in ADR Services via JAMS Access. The Site also makes accessible training courses to train and accredit personnel. In the United States, when you visit the Site or using any of the Site’s features or online services (collectively, “Services”) you consent to JAMS’s collection, use, processing, storage, deletion and disclosure of personally identifiable information relating to you as set forth in this Privacy Policy to the fullest extent permitted by applicable law.
In addition, if you are a natural person resident in California (“consumer”), then you can benefit from our practices and policies which comply with the requirements of the California Consumer Privacy Act of 2018 (“CCPA”), one of the most stringent US state laws protecting the personal data of consumers. In other jurisdictions, including for Users located in the United Kingdom (UK) and the European Union (EU), we comply with applicable law, including the General Data Protection Regulation (GDPR), the UK General Data Protection Regulation (UK-GDPR) and we were in compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, via self-certification to ensure adequate protection for transferred personal data, but the Frameworks have been invalidated as a result of the decision of the Court of Justice of the European Union (CJEU) in July 2020, and the acquiescence of both Switzerland and the United Kingdom in the decision and the guidance of the European Data Protection Board. The UK’s Information Commissioner’s Office indicated it would follow such guidance, and in September 2020, the Swiss Federal Protection and Information Commissioner announced it would accept the decision of the CJEU in the Schrems II case. In general, personal data (as defined below) resides on our secure servers in the United States, and if transferred to the US from Europe, has been done so in accordance with GDPR and UK-GDPR approved mechanisms such as the Standard Contractual Clauses and/or explicit consent of individual data subjects. This Privacy Policy is effective upon posting.
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 in relation to providing the Services, and a few ancillary purposes such as providing the newsletter and relevant event 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:
European Union/UK/Swiss Residents:
We suggest that you send any request to info@jamsadr.info, 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.
Under GDPR and UK-GDPR 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 and UK-GDPR rights for EU and UK residents, respectively). 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.
Independent Resource Mechanism under GDPR
The Privacy Shield Frameworks established a list of Independent Resource Mechanisms (“IRMs”), which are paid services that provide recourse for data subjects in matters NOT related to HR Data that relate to an organization’s privacy practices, and any failures by such organization to comply with the Privacy Shield Principles. JAMS is a listed IRM. While the Privacy Shield Frameworks have been invalidated, for matters that arose during its period of validity, JAMS remains willing and able to serve as an Independent Recourse Mechanism to resolve any complaints raised by a data subject or otherwise.
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
Right to Deletion
Consumer Rights: Sale of Personal Information or Disclosure for a Business Purpose:
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.
Non-Discrimination
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, UK-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 info@jamsadr.info. 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. 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.
While using the Site and certain Services, you may have access to or link to third-party websites, or your use of the Services may involve transfer to a third-party website, e.g., you may be referred to a payment processor website to provide credit card information or to a case management site to facilitate such services. Linked third-party websites are independent of JAMS, and have their own terms of use/service and privacy policies, which govern your use of such websites. Any link does not imply JAMS’s endorsement of the third-party website.
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.
This Privacy Policy may change from time to time and we will post all the most current, updated Policy here. We suggest you review it periodically to ensure that you are in agreement with the latest updates.
If you have any complaint or concern regarding your personal data (personal data) under this Privacy Policy, or arising under the Privacy Policy please contact us at info@jamsadr.com. We suggest that you put in the subject line of any email or communication “Privacy Policy” or “Privacy Complaint.” We will respond within 45 days. If this does not resolve your concern, you have the right to escalate as follows. You can raise the issue with the ICO in the UK or with the appropriate local Data Protection Authority in the EU or Switzerland regarding customer/personal data, or with respect to any personal data transferred from Switzerland to the U.S., the Swiss Federal Data Protection and Information Commissioner’s authority would substitute for the ICO or any EU Data Protection Authority, and JAMS agrees to cooperate with such Swiss Commissioner in this context.
You also agree that, in the event any dispute or claim arising out of or relating to your use of the Site or the Services or this Privacy Policy that does not relate to your personal data (personal data), or that is not covered by the previous paragraph, you and JAMS will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that to the maximum extent permitted by applicable law, you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.
What are cookies. Cookies are small pieces of data stored in text files on your computer or other device when websites are loaded in your browser, often used to remember you and your preferences regarding your visit to the website and any information you have volunteered. In other words, cookies in general are used to collect, store and track data.
There are three main categories of cookies: session cookies which are temporary, lasting only as long as your session on a website(stored in RAM), persistent cookies which remain on your device’s hard drive beyond your session, and third-party cookies which are served by third parties, often the browser (e.g., Google if you use Chrome) generally without knowledge of the website owner. Persistent cookies are used generally for two purposes: authentication, which is often essential (ensuring that it is you logging in, and remembering our password in certain cases), and tracking, which is often non-essential, used for advertising and marketing purposes.
Third-party cookies are generated by websites other than the web pages you are visiting, and let advertisers or analytics companies track your browsing history across the web on any sites that contain their ads. JAMS does not serve ads and does not encourage third-party cookies.
Websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels” which are small transparent images that provide statistics, similar to cookies, but not stored on your computer in the same way, and they may not be disabled if you disable cookies.
How we use cookies. Generally, cookies perform up to six functions, as follows:
Category of cookies | Why cookies are used; whether we use them in this manner |
Essential/Strictly necessary | These cookies are essential for the Site so it can perform basic functions, such as those required to allow registered Users to authenticate and perform account-related functions. |
Functionality | These cookies are used to store preferences set by users such as account name, language, and location. Some may be essential, some just make use of the Site easy and “friendly,” so you don’t have to input all of your information each time you use the Site. |
Essential/Security | We use these cookies to help identify and prevent potential security risks. We need to use at least commercially reasonable efforts to ensure that your information is safe and secure, and in many cases confidential. |
Analytics and Performance | Performance cookies collect information on how users interact with the Site, including what pages are visited most, as well as other analytical data. We use these details to improve how the Site functions and to understand how Users interact with the Site. |
Marketing and Advertising | We are not an e-commerce Site and we do not serve ads. Advertising is the primary purpose of this category of cookies, which e-commerce and other websites use to display relevant advertising to visitors who use their services and to report on the effectiveness of ads served on websites. However, in connection with our provision of the Services, we offer you our newsletter, certain blogs, and try to make you aware of events and webinars that may be of interest to you based on your use of the Services. Any such cookies used to provide these materials of potential interest are not-essential, and we require your consent before using such cookies. |
Third-Party Cookies | We do not control third-party cookies, and do not encourage them, except that we have relationships with a few trusted providers such as Google Analytics to permit statistical analyses of Site use that should facilitate improved Services and a better Site experience. Third-party cookies also may facilitate access to social media platforms such as LinkedIn, Facebook and Twitter (through the use of sharing buttons). As a result, cookies may be set by these third parties, and used by them to track your online activity. In general we have no direct control over the information that is collected by these cookies. |
Cookie consent. In accordance with GDPR and UK-GDPR requirements, but not limited to our Users in the EU and UK, before we use cookies that are not essential cookies, we seek and obtain your affirmative consent.
Disabling and removing cookies. Removing most cookies is easy, but it could make navigating the Site more difficult. Without cookies, Users may have to re-enter their data for each visit. Different browsers store cookies in different places, but the Settings, Privacy section — sometimes listed under Tools, Internet Options, or Advanced — is most common. Options are available to manage or remove cookies. Before removing cookies, evaluate the ease of use of the Site. In most cases, cookies improve the web experience, but they should be handled carefully.
If you have any questions about our privacy practices or cookies or this Privacy Policy, please contact us by email at info@jamsadr.info or you can contact us by mail at:
JAMS
18881 Von Karman Ave.
Suite #350
Irvine, CA 92612
Attn: Sheri Eisner, General Counsel
Please also read the Terms of Service governing use of the Site and the Services.
This website is not a solicitation for business. All content on the JAMS website is intended to provide general information about JAMS and an opportunity for interested persons to contact JAMS. The content of this website is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation. JAMS neutrals are not engaged in the practice of law and no attorney client relationship is intended. This website is for informational purposes only and does not constitute a complete description of JAMS services.While JAMS endeavors to keep the information updated and correct, JAMS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information contained in this website. See More
This website is not a solicitation for business. All content on the JAMS website is intended to provide general information about JAMS and an opportunity for interested persons to contact JAMS. The content of this website is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation. JAMS neutrals are not engaged in the practice of law and no attorney client relationship is intended. This website is for informational purposes only and does not constitute a complete description of JAMS services.While JAMS endeavors to keep the information updated and correct, JAMS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information contained in this website. See More