Terms of Service and Privacy Notice for JudicateWest.com
and associated online services

Terms of Service

Last modified: March 22nd, 2019

Introduction

The main Judicate West website is located at www.judicatewest.com, however associated services may be located at other linked or related websites, such as cp.judicatewest.com. We refer to the site and services associated with the site collectively in these terms as the "Site" and/or "online services." These Terms of Service establish an agreement between you and Judicate West governing your use of our online services and site. "We" refers to Judicate West, its employees, agents and affiliated partners. "You" and/or "User" refers to you as an individual, and if you are using our online services as a representative of an organization or entity the terms of service also form an agreement governing the user of our site and online services with your organization or entity. By submitting information, using any of our online services, or creating an account you are agreeing to these terms of service. Our online services and accounts are intended for attorneys, claims management personnel, and legal industry professionals who are participating or intend to participate in cases administered by Judicate West. Use of our online services and accounts is limited to persons eighteen years of age or older.

Judicate West reserves the right to update, modify or change these terms of service at anytime by posting a new version on the site. If Judicate West has changed any part of the terms of service and you continue to use our Online Services then you are agreeing to the new terms of service. If you do not agree to any changes in the terms of service then you agree to stop using our Online Services. Judicate West reserves the right to update, change, or modify in any way it sees fit the Online Services provided on or in connection with our site or online accounts.

Proprietary Rights and Limited License

Judicate West and its licensors retain all rights to all data and information on our sites and online services, including text, graphics, images, designs, articles, business processes, and any other form of content (collectively referred to as "content"). You agree to recognize that any such content is the intellectual property of Judicate West. We agree that information you provide on our site is not part of this content, and you agree that any information you provide we may use to operate our systems, store in our secure databases, and use to facilitate the providing of services to you. You and Judicate West agree that any third party information, such as articles provided by a third party, belongs to the party(s) providing such information and that such party(s) retain their own rights to their own information. By agreeing to these terms of service Judicate West grants you a limited license to use our online services for your personal and business use. You agree to only use our online services for the purpose of engaging and interacting with Judicate West and its neutrals, and to not use our online services for any other purpose, commercial or otherwise.

Registered Accounts

Some of our online services require you to register your identity and create an account to use the service. By submitting your information, such as name, email address, physical address, firm name, phone number, you grant Judicate West perpetual permission to use and store your submitted information for purposes of operating the services we are providing to you and independently contacting you regarding our services and programs. You represent that you agree to submit true and accurate information that is properly associated only with your identity, or the identity of a person you are legitimately representing such as a colleague in your firm. If your information changes you agree to update your information in your profile on our site as soon as possible. You agree to safeguard the confidentiality of your password, and you agree that if it is found that your information is not true and correctly associated with your identity that any accounts you have with Judicate West may be immediately terminated. Judicate West takes very seriously the privacy of our clients and will not tolerate purposeful and false representation of identities. You also agree to report to Judicate West immediately any suspicion or knowledge that your account is not being used correctly or another unauthorized person is using your account. You agree that you are liable for any actions or activities that occur using an account created for your use and that Judicate West is not responsible for any damages or loss or consequence of your failure to keep your account credentials and password secure.

Compliance

You agree to comply with all applicable laws, statutes, ordinances and regulations while using any Judicate West site or online service. We reserve the right to immediately and without notice cancel your account or restrict access in our sole discretion for any conduct that we believe is illegal, fraudulent, abusive or contrary to our terms of service or harmful in any way to Judicate West, its employees, clients, neutrals affiliated with Judicate West, or any other parties. You agree to not reverse engineer, seek unauthorized access, or attempt to breach the security or our site and related networks, or disrupt any of our services or operations or attempt to access or collect information about our users or from our system in any inappropriate or unintended way, and that you recognize that such activities may be criminal and will be reported to the authorities.

You agree and consent for Judicate West to access and disclose account information and data that you provide if required to do so by law enforcement agencies, court order, or other legal due process; or to protect and safeguard the rights and safety or our employees, partners, or any other person(s); or to optimize or improve the operation of our services; or to troubleshoot your account or assist you with customer service needs.

Warranty Disclaimer

The Judicate West site and online services are provided on an as is and as available basis without any warranty express or implied. Judicate West disclaims all warranties including performance, availability, fitness for a particular purpose, merchantability, timeliness, accuracy, security, functionality, data issues or any other errors, omissions, or conditions. You agree that your sole remedy for dissatisfaction, damage, or loss associated with the use or the inability to use our Online Services is to discontinue your account.

Site or Online Services Do Not Constitute Legal Advice

Any information on the site shall not be construed as legal advice or relied on as legal advice, or a substitution for the advice of an attorney in any way. Judicate West is not engaged in the practice of law and does not provide legal advice.

Privacy Notice

Last modified: March 22nd, 2019

Introduction

Judicate West is an alternative dispute resolution provider devoted to the highest levels of service for our clients. We respect your privacy and are committed to protecting it through our compliance with this Privacy Notice. This Privacy Notice describes our policies and practices regarding our collection and use of your personal data, and sets forth your privacy rights. Because information privacy is an ongoing effort, we may update this policy from time to time as we implement new practices or adopt new policies. Our services are intended for persons residing in the US who are eighteen years of age or older and we do not knowingly attempt to solicit or receive information from minors.

How We Collect and Use (Process) Your Personal Information

Because of the nature of our services, we collect personal information about not only our clients, but also third-parties with whom we do not have a business relationship. Sometimes this information is necessary to provide our services, like when we obtain contact information about a client. Other times, the information is contained in documents provided to us by our clients and used by an assigned neutral in connection with the alternative dispute resolution process. Regardless of how the data is collected, we take efforts to ensure its confidentiality, and integrity. We do not sell personal information to anyone and only share it with third parties, such as assigned neutrals, who are facilitating the delivery of our services.

Personal Information You Give to Us:

• Registering for a My JW account. When you register for a My JW account, you provide us with your name, email address, and a password of your choosing, as well as optionally your place of work, whether you are an attorney, and your office zip code. We may also ask you to provide additional information about yourself and/or your business in some cases. We process your personal information for account administration, to deliver our services to you, and to inform you about important information. We may also use this information to understand our clients' needs and better serve you. You may edit your profile at any time to change, add, or remove personal information. You may also view the contact information Judicate West maintains for you and may request changes to that information.
• Submitting a Case. As part of our case intake process, whether online or offline, we collect information about you as the submitting party, including your name, email, firm name, contact phone number, your role in the case, and the party whom you are representing. We collect this information in order to provide our services to you. Additionally, we may also collect personal information about other parties to a case, including the opposing party(ies), opposing counsel, the case name (which may identify particular individuals), and other persons who may be included on a service list or submitted documents. This information is necessary for our legitimate purposes and is collected and used in order to provide our services, properly identify the parties, perform statutorily required conflict checks, and to understand how best to serve you. If you choose to upload or provide a service list or other documents, we assume that you are authorized to submit such information to us. Prior to submitting any documents to us please be sure to review all information contained in the documents to ensure you are authorized to submit them.
• Utilizing our Services. As part of providing our services, we may collect personal information about you through sign-in sheets, emails and other forms of electronic communication, in person conversations, or other means. We use this information in order to provide our services to you. We may sometimes share personal information with third-parties as part of providing that services, such as sharing it with an opposing party or judge or mediator when it is appropriate to do so.
• Your Correspondence with Us. If you correspond with us by email, the postal service, or other form of communication, we may retain such correspondence and the information contained in it and use it to respond to your inquiry; provide our services to you; to notify you of our services and provide information about our services; or to keep a record of your complaint, accommodation request, and the like. You are able to set your communication preferences through your My JW account. If you wish to have us "erase" your personal information or otherwise refrain from communicating with you, please contact us at privacy@judicatewest.com. Note: if you ask us not to contact you by email at a certain email address, we will retain a copy of that email address on our "master do not send" list in order to comply with your no-contact request.
• Payment Information. You may choose to pay for our services using our online payment option, which provides access to secure and fully PCI/DSS compliant payment processing services provided by our vendor Global Payments Inc., a leading worldwide provider of secure payment technology services. All payment pages and transactions are processed on secure servers belonging to our vendor. Judicate West does not process or store or transmit credit card or other financial account data on our servers. Occasionally, clients may ask us to, on their behalf, enter payment card information into the PCI/DSS-compliant payment processing service to which we subscribe. If we receive payment card information from customers by email (which we strongly discourage), fax, phone, or mail, it is entered as instructed and then deleted or destroyed.
• Personal Information we get from Others. We occasionally may receive personal information about individuals from third parties. As mentioned, above, this may happen when parties to a case or others submit this information through documents or forms, but it can be through other means. We take all reasonable efforts to protect the privacy and confidentiality of this information, consistent with this policy.
• Marketing messages and choice/opt out/unsubscribe policies. We also may contact our clients via email in order to announce important changes in our services or new information about events and opportunities that may be of interest to our clients. We provide you the opportunity to opt out of such marketing related communications from us. For example if you have submitted case information to us but do not wish to receive any additional or future marketing oriented material from us you may opt-out by following the unsubscribe link at the bottom of each marketing email, or by sending an unsubscribe request to privacy@judicatewest.com. Note: if you unsubscribe from our marketing messages using a certain email address, we will retain a copy of that email address on our "master do not send" list to comply with your unsubscribe request.

Use of Our Website(s).

As is typical of most websites, our websites collect certain information automatically and store it in log files. This may include the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of the Website, including a history of the pages you view. We use this information to help us design our site to better suit our users' needs. We may also use your IP address to help diagnose problems with our server and to administer our Website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences. We use this information to help us design our site to better suit our users' needs. The Website also uses cookies and web beacons, but does not track users when they cross to third party Websites. We do not provide targeted advertising and, because we do not track, do not respond to Do Not Track (DNT) signals).

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer by your browser. You may refuse to accept browser cookies by activating the appropriate setting in your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Web Beacons. Pages of our the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or [opened an email] and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies and web beacons, please consult the privacy features in your browser. The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website for your convenience.

Our Website(s) uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help the Website analyze how users use the site. The information generated by the cookie and Google's associated JavaScript refers to your use of the Website (which includes your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purposes of evaluating your use of the Website, compiling reports on Website activity and trends to help us understand our audience and users. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Website. By using the Website, you consent to the processing of data about you by Google and Judicate West in the manner and for the purposes set out above. Google's Privacy Notice, which describes how they process personal information, can be found at: policies.google.com/privacy

We also use Google AdWords to advertise our services on the internet with ads provided by Google's AdWords network that link to our site. When you view or click on an ad Google may set a cookie to improve the relevance of advertisements for you. You may opt out of this cookie by visiting Google's Advertising and Privacy page and following Google's instructions here: policies.google.com/technologies/ads.

We utilize a commercial third-party hosting service which uses a Microsoft product called Azure Pack to provide hosting services. This third-party service, as a data processor, maintains fully compliant security and data privacy practices, and you can review this information here: everleap.com/policies/privacy and here: everleap.com/policies/data-processing.

Disclosure of Your Information

Information you provide to us is stored in one or more databases located in the United States, and is hosted by ourselves and/or third parties. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. We also engage a third-party IT Solutions Provider to provide custom technology services, IT support and management services. This third party does not have access to your personal information for any other purpose than to provide our IT services. In addition, we may provide personal information to any of the following:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.

We also may disclose personal information to third parties:

• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government, regulatory request, or statutory requirement.
• To enforce or apply our Terms of Use (see above on this page) and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your My JW Account page. You may also send an email to privacy@judicatewest.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, if the information is necessary for the services we provide you, or would cause the information to be incorrect.

Data Security

We have implemented appropriate technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secured servers behind firewalls. Any payment transactions are only processed and stored in compliant environments in accordance with PCI-DSS standards.

The safety and security of your information also depends on you. If you have created a My JW account you are responsible for keeping the associated password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Data storage and retention

Your personal data is stored by the Company on its servers, and on the servers of the cloud-based database management services the Company engages, located in the United States. The Company retains data for the duration of the customer's or member's business relationship with the Company. For more information on where and how long your personal data is stored, please contact us at privacy@judicatewest.com.

Compliance with GDPR for EU Data Subjects

We are an organization based entirely within the United States. The services we provide are performed entirely within the U.S., and the services offered are not intended for data subjects while in the EU. The accessibility of our Website in the EU is not an indication that we intend to offer services to EU data subjects while in the EU. Additionally, we do not monitor the behavior of E.U. data subjects as far as their behavior takes place within the E.U., i.e. we do not engage in tracking and profiling of our Website visitors.

However, occasionally we may process data about EU citizens in the scope of offering our services within the U.S, and we will do so in the United States. In doing so, we rely on derogations for specific situations as set forth in Article 49 of the GDPR since the United States has not sought nor received a finding of "adequacy" from the European Union under Article 45 of the GDPR. In particular, we collect and transfer to the U.S. personal data only to perform a contract with you with your consent; or to fulfill a compelling legitimate interest of ours in a manner that does not outweigh your rights and freedoms. We endeavor to apply suitable safeguards to protect the privacy and security of your personal data and to use it in a manner consistent with your relationship with us and the practices described in this Privacy Notice.

Data Subject Rights Under the GDPR

This Privacy Notice is intended to provide you with information about personal data we collect about you and how it is used. If you have any questions, please contact us at privacy@judicatewest.com. EU data subjects may request information about: what information we have; the purpose of the processing; the categories of personal data concerned; who else outside Judicate West might have received the data from us; what the source of the information was (if you didn't provide it directly to us); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by us if it is inaccurate. You may request that the we erase that data or cease processing it, subject to certain exceptions. You may also request that the we cease using your data for direct marketing purposes. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal data. When technically feasible, we will-at your request-provide your personal data to you or transmit it directly to another controller. We will strive to provide reasonable access to your personal data upon request. If access cannot be provided within a reasonable time frame, we will provide you with a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied.

Changes to Our Privacy Notice

It is our policy to post any changes we make to our Privacy Notice on this page . If we make material changes to how we treat our users' personal information, we will notify My JW account holders by email using the email address associated with each account, and also by an updated posting of our Privacy Notice of this web page. The date the Privacy Notice was last revised is identified at the top of the page. If you have a My JW account, you are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Notice to check for any changes.

Contact Information

To ask questions or comment about this Privacy Notice and our privacy practices, contact us at:

privacy@judicatewest.com

Judicate West
1851 East First Street, Suite 1600
Santa Ana, CA 92702
714-834-1340