Pacific ADR Consulting, LLC Privacy Policy

Effective January 1, 2020

Welcome to the Pacific ADR Consulting, LLC website located at www.pacificadrconsulting.com the “Site”), serving the Pacific ADR Mediation, Arbitration and ADR Services (PACIFIC ADR,” “we,” “us” or “our”) and all Site visitors and users (“Users,” “you,” or “your”). Pacific ADR is a private alternative dispute resolution (ADR) provider based in Seattle, WA 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 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” 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 Pacific ADR 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”), 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 Pacific ADR Resolution Centers with demographic and other information to help our organization better serve its clients and the community. The Site also makes accessible training courses to train and accredit personnel.

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 European Union, we comply with applicable law, including the General Data Protection Regulation (GDPR) and the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, and we have self-certified to be in compliance with both Frameworks to ensure adequate protection for transferred personal data. 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 the Privacy Shield Frameworks referenced above. This Privacy Policy is effective upon posting.

Information We Collect and Why; Basis for Collection
Pacific ADR collects the following personal information from Users. Except as otherwise indicated below, Pacific ADR does not collect personal information or personal data unless you voluntarily provide it to us. In addition, Pacific ADR limits the personal data 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 dropdown menus or otherwise provide certain personal data such as your name, email address, mailing address, phone number and similar information. In most cases we only collect personal data from you that you choose to provide, or authorize us to collect. When you complete a case submittal form, or want to know whether PACIFIC ADR is appropriate for your specific needs, you may also be asked to provide your name, position, company name, address, telephone/mobile phone, email address and similar information for each party, as well as your preferences for the hearing format, resolution center and Neutral and other information about your case. Users may request to receive information from PACIFIC ADR, or to otherwise interact with PACIFIC ADR, in which case an email or other address 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 Policy. Under GDPR requirements, such collection of personal data has several bases: all or most of this is generally necessary for performing a contract (“contractual basis”), that is, if you engage us to submit a case, we are required to keep you informed about the various steps in your case.  Moreover, PACIFIC ADR is an organization that carries out tasks in the public interest; it is a widely recognized, privatized judicial system.  Alternative dispute resolution organizations such as PACIFIC ADR are sanctioned by the laws of many countries, most of which acknowledge the importance of ADR’s role providing arbitration and mediation as an important channel in the administration of justice. The case information collected by PACIFIC ADR, including personal data as necessary, is essential to PACIFIC ADR’s dispute resolution functions, and falls squarely with the “public task” basis for collecting and maintaining such information under the GDPR.
  • Non-HR Data: Non-HR personal data that is collected and processed includes personal data about attorneys, parties and witnesses involved in PACIFIC ADR 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 PACIFIC ADR’ legitimate interests as a data controller because such parties to PACIFIC ADR proceedings and Neutrals participate in ADR legal proceedings under the auspices of PACIFIC ADR.  In many cases, as with the Neutrals, there is also a contractual basis for collecting such data, and with parties in PACIFIC ADR 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.
  • 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 PACIFIC ADR 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 PACIFIC ADR, and between PACIFIC ADR, parties to proceedings, Neutrals and PACIFIC ADR associates/employees. It is important to emphasize that PACIFIC ADR 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 PACIFIC ADR, its employees, Neutrals, users of the Services or others.
  • Service Providers.In the event that we engage service providers as data processors on our behalf, then subject to appropriate confidentiality and security measures, including compliance with this Privacy Policy, we may share your personal data with them.  Any such third-party data processors are and/or will be subject to contractual agreements to ensure that they only process personal data provided by PACIFIC ADR in a manner consistent with PACIFIC ADR’s obligations under the Privacy Shield Principles and GDPR requirements as more fully described and made accessible to you below. PACIFIC ADR remains liable under such Principles if its agent processes your personal data in a manner inconsistent with the Principles, unless we can prove that we are not responsible for the event giving rise to any damage.
  • 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.
  • Public Authorities. We may disclose your personal data in response to lawful requests by public authorities, including to meet national security or enforcement requirements.

 



Third-Party Websites
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 PACIFIC ADR, and have their own terms of use/service and privacy policies, which govern your use of such websites.  Any link does not imply PACIFIC ADR’s endorsement of the third-party website.

Security
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 PACIFIC ADR 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.

Children’s Privacy
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
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.
Complaints and Dispute Resolution
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 communications@pacificadrconsulting.com. We suggest that you put in the subject line of any email or communication “Privacy Policy” or “Privacy Complaint.”  We will respond within 14 days.  The location of the arbitration will be in the United States. You may choose video or telephone participation, which will be provided at no cost to you. In-person participation will not be required.  To the maximum extent permitted by applicable law, you will not be entitled to recover attorneys’ or arbitration fees, even if you would otherwise be entitled to them. In addition, EU citizens have the right to initiate a private cause of action.  Finally, with respect to any personal data transferred from Switzerland to the U.S., the Swiss Federal Data Protection and Information Commissioner’s authority shall substitute for the EU Data Protection Authority, and PACIFIC ADR agrees to cooperate with such Swiss Commissioner in this context. PACIFIC ADR commits to follow up in its verification that the attestations and assertions made in this Privacy Policy are true, and to remedy any problems that may arise if we fail to comply with the Privacy Shield Principles.

Mediation
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 PACIFIC ADR 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 Seattle, Washington 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.

Verification
PACIFIC ADR self-assesses its compliance to the Privacy Shield Framework.  PACIFIC ADR’s Privacy Policy regarding personal data received from the EU is accurate, comprehensive and conforms to the Privacy Shield Principles.

Questions? Contact Us
If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at communications@pacificadrconsulting.com.  or you can contact us by mail at:

PACIFIC ADR Consulting, LLC
316 Occidental Ave. S Suite 500

Seattle WA,98104

USA

Gregory Bertram- President

Terms of Service
Please also read the Terms of Service governing use of the Site and the Services.