PRIVACY POLICY
This Privacy Policy ("Policy") sets forth AAA Mediation.org’s, a division of the American Arbitration Association's hereinafter referred to as “AAA"), policies regarding the collection and use of information via this Portal located at AAA Mediation.org (including all pages under such second level domain name, collectively, the "Portal"). The Portal is generally accessible by all visitors ("Visitors"); however, portions of the Portal are only accessible by certain Visitors who register to use the AAA's online services ("Online Services"). Certain Visitors registered to use the Online Services include persons who use the AAA's Internet-based alternative dispute resolution facility, AAA WebFile® ("WebFile") to submit a dispute for online arbitration or mediation (such Visitors or their representatives, the "Parties"). Only Parties may access the Web File area of the Online Services. Certain Visitors registered as arbitrators, mediators, or other neutrals with the AAA ("Neutrals") or registered voters may also access portions of the Online Services. Parties, Neutrals and all other Visitors registered to use the Online Services are referred to collectively herein as "Registered Visitors." Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the AAA Portal Terms of Use.
INFORMATION: COLLECTION AND USE
GENERAL
Visitors (including without limitation Registered Visitors) understand and agree that AAA may collect, maintain, and process information provided by them to AAA, and information otherwise collected by AAA concerning such Visitors on and through the Portal and the Online Services (including but not limited to Web File).
PUBLIC AREAS OF THE PORTAL
All Visitors may visit the public areas of the Portal without disclosing any personal information about themselves. However, Visitors will have the opportunity to request to receive information from AAA, or to otherwise interact on or with the Portal, in which case an e-mail or other address or contact information or other personalized information may be collected in order to allow AAA to comply with the request, and for other purposes as may be disclosed at the time the request is made or otherwise as set forth in this Policy. Visitors may elect to opt-out from receiving marketing communications by (a) following the instructions in OPT-OUT CHOICES , below, (b) checking appropriate opt-in or opt-out boxes which may be provided on the collection form or (c) as set forth in the communication sent from AAA.
ONLINE SERVICES REGISTRATION INFORMATION
In order to participate in the Online Services, AAA requires Registered Visitors to have registered with the Online Services by, among other things, providing contact information such as (for illustration purposes only) user ID, password, name, title, department, business address, business telephone number, business e-mail address and other contact information ( "Registration Information" ) . From time to time Registered Visitors to AAA WebFile may review their Registration Information by visiting the AAAWebFile area of the Online Services and revise their Registration Information by contacting their case manager. Neutrals may review and revise their Registration Information by visiting the Neutrals eCenter area of the Online Services. Certain portions of the Registration Information concerning a Party will be used for evaluating qualifications for participation in online arbitration under Web File. AAA may also use Registration Information to communicate with all Registered Visitors regarding AAA WebFile proceedings, changes in Online Services functionality, features, billing, help desk and other activities relating to the operation of the Online Services. AAA may disclose the Registration Information of a Party to administrators, Neutrals and/or other Parties who are designated by such Party (through such Party's use of the AAA WebFile proceedings or otherwise) to be provided access to such information. At Your option, some portions of Your Registration Information may be made available to other Visitors of the Portal in online directories, search features and/or Peer Groups. AAA may also use Registration Information to send Registered Visitors information about products or services available on or through the Online Services and offers made available by AAA's partners, which may be sent by AAA. Instructions on how to request that AAA not send such future communications (not including communications necessary for the operation of the Online Services) or that AAA not share Registration Information with third parties for marketing purposes, are set forth in OPT-OUT CHOICES , below and, for AAA transmitted material which is unrelated to the operation of the Online Services, in each communication.
CASE MANAGEMENT INFORMATION AND MATERIALS
Privacy terms relating to confidential information and materials Parties and Arbitrators submit to WebFile (not including the rest of the Portal or any public areas of the Portal) in the course of an arbitral proceeding may be set forth in the AAA Rules and/or any other agreement between the Parties and Neutral(s).
USAGE DATA
AAA will record and collect information about how all Visitors use the Portal, including the Online Services. This data may include a Visitor's domain name, language, type of browser and operating system, Internet service provider, Internet protocol (IP) address, the Web site from which they arrived at the Portal, the amount of time spent on the Portal or using the Online Services and the ways in which they use the Portal or the Online Services (collectively, "Usage Data" ). AAA will monitor and use Usage Data in aggregated form to measure the Portal's performance and Online Services activity and improve the Portal's design and functionality. AAA may also use Usage Data in aggregated form to develop and distribute to third parties statistical and other information about how the Portal and Online Services are used and for other marketing purposes. AAA may also disclose aggregate Usage Data to other Visitors, Parties and Neutrals. AAA may also use Usage Data in un-aggregated form to investigate and prosecute security violations or to identify a particular Visitor or Registered Visitor who engaged in particular transactions.
COOKIES
"Cookies" are pieces of information that are placed on a Visitor's computer hard drive to enable the individual to more easily communicate and interact with the Portal, including but not limited to the Online Services and WebFile. AAA uses cookies to customize Your experience on the Portal. AAA also uses Cookies to record how many times a Visitor has visited our Portal and what pages the Visitor has accessed. You may, however, disallow receiving Cookies at any time through Your web browser, although this may affect the usability of the Portal. It is not AAA's intention to use Cookies to retrieve information that is unrelated to the Portal or Your interaction with the Portal.
PEER GROUPS
AAA may make available certain public and/or private forums such as bulletin boards, e-mail lists and chat rooms (collectively, "Peer Groups" ) on the Portal or the Online Services. Any and all information posted on or through a Peer Group will be generally accessible for viewing by others. Accordingly, participants are encouraged to exercise discretion when using Peer Groups. For more information regarding Peer Groups, see our Terms of Use
OPT-OUT CHOICES
To "opt-out" of (1) receiving communications from AAA (except for communications necessary for the operation of the Portal, the Online Services, or as otherwise permitted under this Policy), (2) having contact information disclosed to third parties for marketing purposes (except as necessary for AAA to operate the Portal, Online Services, or as otherwise permitted under this Policy), or (3) any other consent previously granted for a specific purpose concerning Your personal information, send an email to the AAA Data Controller at websitemail@adr.org.
REVIEW/CHANGE CONTACT INFORMATION
Requests to review or change Registration Information previously provided on or through certain portions of the Online Services may be made to the AAA by sending an email to the AAA Data Controller at websitemail@adr.org.
LINKED SITES
AAA may provide links to third parties' Web sites ("Linked Sites") from the Portal or the Online Services. Linked Sites are not necessarily reviewed, controlled or examined by AAA in any way and AAA is not responsible for the privacy policies and practices of any such Linked Sites, or any additional links contained therein. These links do not imply AAA's endorsement of or association with the Linked Sites.
DISCLOSURE PURSUANT TO LAW
AAA may make information concerning Visitors, the Portal, the Online Services (including AAA WebFile), and the uses thereof, available to law enforcement personnel and agencies as required by law or in order to enforce the Terms of Use, and may disclose such information if required by law or a judicial or governmental order or subpoena. Where permitted by law, AAA may also disclose such information to law enforcement personnel and agencies, or use such information as part of legal process, in order to protect its property or in furtherance of an investigation regarding a breach of the Online Services rules and policies or any unauthorized access to or use of the Portal or the Online Services (including AAA WebFile), or any illegal activities concerning a particular visitor or registered visitor.
CONSENT TO PROCESSING
By using or providing information to the Portal or the Online Services, all Visitors understand and unambiguously consent to the collection, processing and use of such information in the United States and other countries and territories, for the purposes of providing the Portal, the Online Services and related services and as otherwise set forth herein or in the AAA Rules.
SERVICE PROVIDERS
AAA may utilize third parties to provide or perform certain services and functions on the Portal and the Online Services (including AAA WebFile). For example, AAA may use a Web site tracking evaluation firm to analyze use of the Portal and the Online Services (including AAAWebFile) by all visitors and AAA may use third-party suppliers to provide certain functionality and services provided on the Online Services (including AAA WebFile). AAA will make information concerning Visitors and their use of the Portal and Online Services (including AAA WebFile) available to these service providers and business partners, as necessary, to perform these functions and services. The service providers may be located throughout the world; therefore information relating to Visitors may be sent worldwide to countries which have a level of privacy protection different to that of the U.S. or the country of residence of such visitor.
TRANSFER OF INFORMATION
In the event of a sale, merger, consolidation, reorganization, liquidation, dissolution, change of control or sale or transfer of the substantial assets of AAA, information collected via or stored on the Portal or the Online Services (including AAAWebFile) may be sold, assigned or transferred to a party acquiring all or substantially all of the equity and/or assets of AAA related to the Portal. AAA may also transfer such information to its subsidiaries and affiliates involved in the operation of the Portal or the Online Services.
SECURITY
AAA takes seriously the security of your personal information. AAA has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure of or access to, such information, reasonably appropriate to the level of the data concerned. For example, the Portal implements 128 bit SSL technology to protect certain sensitive data that is transmitted via the Portal. However, due to the open communication nature of the Internet, we cannot guarantee that communications between You and the Portal, and the Portal and You, or data stored on AAA's systems, will be free from unauthorized access by third parties.
In the unlikely event that AAA believes that the security of your personal information in AAA's possession or control may have been compromised, AAA may seek to notify you of that development. If a notification is appropriate, AAA would endeavor to do so as promptly as possible under the circumstances, and, to the extent AAA has your email address, AAA may notify you by email. In the event that you use the online services for e-voting purposes, you assume the risk of breach of security that occurs despite AAA's efforts to maintain the security of such transactions.
UPDATES TO THE PRIVACY POLICY
AAA may, in its sole discretion, update this Policy at any time and from time to time, by posting the amended Policy on the Portal. The revised or amended Policy shall be effective upon posting. Any access to or use of the Portal or Online Services (including AAA WebFile) following such update shall be deemed consent to such update. All visitors are therefore encouraged to refer back to this page regularly. This Policy may not be otherwise amended without the written consent of AAA.
CONTACT, QUESTIONS, & COMMENTS
If you would like to communicate with AAA regarding privacy issues or have questions or comments about this Policy, please forward such communication to websitemail@adr.org.