Privacy Policy

This Privacy Policy (“Policy”) sets forth the American Arbitration Association’s (“AAA”) policies regarding the collection and use of information via this Portal. The Portal is generally accessible by all Visitors; however, portions of the Portal are only accessible by certain Visitors who register to use certain AAA Online Services. Visitors registered to use such Online Services include persons who use AAA WebFile® to submit a dispute for online arbitration or mediation (such Visitors or their representatives, the “Parties”). Only Parties may access the AAA WebFile area of the Online Services. Certain Visitors registered as arbitrators, mediators, or other panelists with the AAA Panelists (“Panelists”) or registered voters may also access portions of the Online Services. Parties, Panelists 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 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, AAA WebFile) for purposes of providing services to Visitors. Depending upon the services at issue, the provision of certain data may be required for AAA to provide the requested services.

PUBLIC AREAS OF THE PORTAL 
All Visitors may visit the public areas of the Portal.  Visitors 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. AAA retains this information for as long as needed to accomplish the purpose(s) for which it was collected. Visitors also may elect to opt-in or opt-out from receiving marketing communications by (a) following the instructions in the section on Your Rights, below, (b) checking appropriate opt-in or opt-out boxes which may be provided on the Portal or any collection form or (c) as set forth in the communication sent from AAA. 

ONLINE SERVICES REGISTRATION INFORMATION 
To participate in certain Online Services, AAA requires Registered Visitors to have registered with AAA 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”). 

Certain portions of the Registration Information concerning a Party will be used for evaluating qualifications for participation in online arbitration under AAA WebFile. 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.  Finally, we may use limited Registration Information to improve the Online Services and for quality assurance purposes.
AAA may disclose the Registration Information of a Party to administrators, Panelists 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, with Your consent, 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 the section on Your Rights, below, and, for AAA transmitted material which is unrelated to the operation of the Online Services, in each communication. 

Registered Visitors to AAA WebFile may review their Registration Information by visiting the AAA WebFile area of the Online Services and revise their Registration Information by contacting their case manager. Panelists may review and revise their Registration Information by visiting the Panelist eCenter area of the Online Services.

AAA retains Registration Information for as long as reasonably necessary to accomplish the purposes for which it was collected. Then this information is deleted or anonymized unless AAA must retain the information to comply with an applicable legal obligation or another legitimate exception applies.

CASE MANAGEMENT INFORMATION AND MATERIALS 
Privacy terms relating to confidential information and materials Parties and Arbitrators submit to AAA 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 Panelist(s). 

COOKIES 
AAA uses Cookies to customize, evaluate, and improve Your experience on the Portal. A “Cookie” is a small file or code that is placed on Your website browser, device, or hard drive when You visit the Portal. These include our own first-party Cookies as well as third-party Cookies of our service providers and analytics partners. AAA uses cookies for a variety of functions described below. 

Information Collected through Cookies
AAA may use Cookies to collect information about Visitors’ domain name, language preferences, type of browser and operating system, Internet service provider, Internet protocol (IP) address, the website 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. This information is retained for different periods depending on the type of Cookie used. Some Cookies collect information related to a single browser experience, but others may be persistent and collect information until deleted. To control how long Cookie data may be collected or stored by Cookies, see the section below on How to Manage Cookies.

How AAA Uses Cookies
AAA uses cookies for the following purposes:

  • Functional Cookies. These Cookies help us identify trusted web traffic and control data collection when there is high traffic on the Portal. 
  • Performance and Analytics. These Cookies improve Your experience by remembering Your preferences and helping us analyze how You interact with the Portal. For example, we use Google Analytics to monitor and improve the Portal’s performance, our services, and Your experience.
  • Marketing.  These Cookies collect information about how users interact with our Online Services and allow us to deliver relevant and meaningful advertisements.  
  • Social Media Plug-Ins. These Cookies allow us to connect with You on social media.  They may also allow social media providers and third parties to collect and receive information about You. This information may be used to build profiles based on Your interests, target advertisements, and measure the effectiveness of advertisements.  

How to Manage Cookies

  • Opt-Out on Your Browser: Most browsers allow You to manage cookies saved on Your device. Please note that if You block Cookies, certain features on the Portal may not be operational. 
  • Google Analytics: Some aspects of the Portal may use Google Analytics to analyze traffic. You can find out more information about Google Analytics cookies by visiting https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. To opt out of Google Analytics relating to Your use of the Portal, You can download and install the Browser Plugin available by visiting the following location provided: https://tools.google.com/dlpage/gaoptout?hl=en. 
  • DAA / NAI Opt-Out: You may also be able to opt-out of the use of Your data by certain third parties to serve interest-based advertising on certain websites, by using the opt-out tools made available on the Digital Advertising Alliance’s DAA’s Consumer Choice Page: https://optout.aboutads.info/?c=2&lang=EN  and the Network Advertising Initiative’s ("NAI") website: https://optout.networkadvertising.org/?c=1.  

We are not responsible for the completeness, effectiveness, or accuracy of any third party opt-out options or programs.

Do Not Track
Some Internet browsers enable “Do Not Track” requests to block Your activity from being tracked across web pages and devices. AAA does not recognize Do Not Track signals as there is no industry standard way to do so effectively.

PEER GROUPS 
AAA may make available 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. 

YOUR RIGHTS
Opt-Out Choices 
You may opt-in or opt-out from receiving marketing communications (a) by checking appropriate opt-in or opt-out boxes which may be provided on the Portal or any collection form, (b) as set forth in any communication sent from AAA or (c) by contacting us at [email protected].

Update Or Change Contact Information 
Requests to update or change personal information previously provided on or through the Portal may be made to the AAA by sending an email to the AAA Data Controller at [email protected].

Registered Visitors to AAA WebFile may review their Registration Information by visiting the AAA WebFile area of the Online Services and revise their Registration Information by contacting their case manager. Panelists may review and revise their Registration Information by visiting the Panelist eCenter area of the Online Services.

EU PRIVACY RIGHTS
If You are located in the European Union (“EU”) or United Kingdom, You also have the following rights regarding Your personal information:

  • The Right to Access. You have the right to request copies of Your personal data. We may charge You a nominal small fee for this service.
  • The Right to Rectification. You have the right to request that we correct any information You believe is inaccurate. You also have the right to request we complete information You believe is incomplete.
  • The Right to Erasure. Under certain conditions, You have the right to request that Your personal data be erased.
  • The Right to Restrict Processing. Under certain conditions, You have the right to restrict the processing of Your personal data.
  • The Right to Object to Processing. Under certain conditions, You have the right to object to the processing of Your personal data.
  • The Right to Data Portability. Under certain conditions, You have the right to request we transfer the personal information that we have collected about You to another organization, or directly to You.

How to Exercise these Rights
If You would like to access, rectify, erase, restrict, transfer, or object to the processing of Your personal data, please contact AAA at:

  • [email protected];
  • Attn: Legal Department 
    120 Broadway, 21st Floor
    New York, NY 10271
  • (212) 716-5800

If You make any such request, we will attempt to expeditiously respond to such request.  We may require You to verify Your identity before sending our response.

Transfers to Countries Outside the EU
AAA is based in the United States but offers international dispute resolution services to individuals in many countries. This means some of Your personal information may be transferred to the United States or third countries for processing. The European Commission has not determined the laws of the United States provide an adequate level of protection over personal data. However, AAA is committed to upholding data privacy and will transfer data internationally when there is a legal basis to do so.

LINKED SITES 
AAA may provide links to 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. When leaving the Portal, AAA encourages You to review the applicable Privacy Policies of 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. 

SERVICE PROVIDERS 
AAA may rely on vendors to help provide or perform certain services and functions on the Portal and the Online Services (including AAA WebFile). For example, AAA may use a website tracking evaluation firm to analyze use of the Portal and the Online Services (including AAA WebFile) 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. Where applicable, we ensure our service providers and partners are committed to the same protections described in this Policy relating to the permitted use and disclosure of Your personal information.  

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 AAA WebFile) 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 reasonable technology and security policies and procedures intended to reduce the risk of accidental disruption, destruction or loss, as well as unauthorized disclosure of or access to such information. However, due to the open communication nature of the Internet, we cannot guarantee that all communications between You and the Portal, and the Portal and You, or data stored on AAA’s systems, will be free from disruption, destruction, loss, or unauthorized access by third parties. 

In the unlikely event that AAA believes the security of Your personal information 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 and such notification is permitted by law, AAA may notify You by email.

CHILDREN’S PRIVACY
Protecting children’s privacy is important to us. The Portal is not intended for use by children under age 13 and AAA does not knowingly collect any personal information from children under 13. If AAA learns that a child under 13 has provided personal information, we will use reasonable efforts to promptly remove such information. 

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 as reflected in the “Last Revised” date below. If the changes are material, we will take reasonable steps to notify You. 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. 

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 [email protected].  Although we urge You to contact us to find a solution for every concern You may have, You have the right to lodge a complaint with Your competent data protection authority (if applicable).