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



On this web page you can find:

  1. Terms of Service for the use of Judicate West's online services available through: the Judicate West website at www.judicatewest.com , the My JW client portal at myjw.judicatewest.com, and any other related websites or online services operated by Judicate West ("Online Services").
  2. Judicate West's Privacy Policy, including Judicate West's California Resident Privacy Notice and Contact Information to reach us with a privacy related request.

The terms "Us," "Our," and "We" (in uppercase or lowercase) in these materials refer to Judicate West, its employees, agents, and affiliated partners. The terms "You," "Your," and "User" (in uppercase or lowercase) refer to you as an individual and your organization or entity, if you are using our Online Services as a representative of an organization or entity.

Terms of Service

Last modified: August 6th, 2021

Limited License

We give you permission to use our Online Services if you agree to the following Terms of Service. Our Online Services, including user-created accounts that can be created through My JW ("accounts"), are intended for attorneys, claims management personnel, and legal industry professionals seeking to participate in cases administered by Judicate West. You may only use our Online Services to engage and interact with Judicate West and its neutrals, and not for other purposes. Use of our Online Services and accounts is limited to persons eighteen years of age or older.

As part of our continued improvements to our features and services, we may sometimes update, change, or modify our Online Services. Judicate West may also update, modify, or change these Terms of Service at any time by posting a new version on its website. If Judicate West has changed any part of these Terms of Service and you continue to use our Online Services, you are agreeing to the new Terms of Service.

Proprietary Rights

We retain all rights to data and information created by us and made available to you through our Online Services. This includes all text, graphics, images, designs, articles, business processes, and other form of content (collectively referred to as "content"). You agree that any such content is the intellectual property of Judicate West.

We agree that information you provide through our Online Services is not part of this content and is not our intellectual property. We may store information you provide to us in our secure databases and use it to operate our systems and facilitate our ability to provide 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(ies) providing the information and that those party(ies) retain their own rights to their own information.

Registered Accounts

Some of our Online Services (for example, My JW) 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, law firm name, and phone number, you are permitting Judicate West to use and store your submitted information. We will use your submitted information solely for legitimate business and commercial purposes, including to facilitate Judicate West services provided to you and to independently contact you regarding Judicate West services and programs.

When creating an account, you agree to submit information that is true and accurate to the best of your knowledge and that is properly associated with your identity or the identity of a person you are legitimately representing, such as a colleague in your firm. You are responsible for updating your information in your account profile should it change. If your information is not true or not correctly associated with your identity, any accounts you have with Judicate West may be immediately terminated. Judicate West takes the privacy of our clients very seriously and will not tolerate purposeful and false representation of identities.

You are also responsible for safeguarding the confidentiality of your account password. You must immediately report to us any suspicion or knowledge that your account is not being used correctly or that an unauthorized person is using your account. Judicate West is not responsible for any damage, 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 Online Service. We reserve the right to immediately and without notice cancel or restrict access to your account in our sole discretion for any conduct that we believe is illegal, fraudulent, abusive, contrary to our Terms of Service, or harmful in any way to Judicate West, its employees, clients, neutrals affiliated with Judicate West, or other parties. You agree not to reverse engineer, seek unauthorized access to, or attempt to breach the security of our Online Services and related networks. You also agree not to 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. Such activities may be criminal and will be reported to the authorities.

Judicate West may access your account information to optimize or improve the operation of our services, or to troubleshoot your account and assist you with customer service needs. Judicate West does not sell information and is committed to maintaining the confidentiality of the information you provide to us. However, we may disclose your account information if required to do so by law or to the extent necessary to protect and safeguard the rights and safety or our employees, partners, or any other person(s).

Warranty Disclaimer

These Online Services are provided without any express or implied warranties, such as warranties of 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.

Online Services Do Not Constitute Legal Advice

Judicate West is not engaged in the practice of law and does not provide legal advice. Information available through Judicate West's Online Services is not legal advice and cannot be relied on in any way as legal advice or as a substitute for the advice of an attorney.



Privacy Policy

Last modified: June 12th, 2023

Introduction

Judicate West is an alternative dispute resolution provider devoted to the highest level of service for our clients. We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy 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 practices. We encourage you to periodically review this webpage for the latest information on our privacy practices. Our services are intended for persons residing in the United States 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 business relationships. Sometimes this information is necessary to provide our services. For example, we obtain contact information about a client so that we can correspond with that client regarding our services. 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 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 address, firm name, contact phone number, role in the case, and party whom you are representing. We collect this information 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 business purposes and is collected and used to provide our services, properly identify the parties, perform statutorily required conflict checks, and 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 that 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 it.
  • Using 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 to provide our services to you. We may sometimes share personal information with third parties as part of providing those services. For example, we may share your relevant contact information with an opposing party or neutral when it is appropriate to do so.
  • Corresponding with Us. If you correspond with us by email, the postal service, or other form of communication, we may retain that correspondence and the information contained in it. We may use that correspondence and information to respond to your inquiry; provide our services to you; notify you of our services and provide information about our services; or keep a record of any request or concern stated in your correspondence. You can set your communication preferences through your My JW account.
  • Providing 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 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, store, or transmit credit card or other financial account data on our servers. Occasionally, clients may ask us to enter payment card information into the PCI/DSS-compliant payment processing service on their behalf. 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. This may happen when parties to a case or others submit this information through documents or forms, or it may happen 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 may contact our clients via email 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 directly opt out of our marketing-related communications. 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.

If you wish to have us delete your personal information or otherwise refrain from communicating with you, please contact us at privacy@judicatewest.com. Please note that legal obligations or other necessary business functions (including communications necessary for the services we provide you) may prevent us from being able to delete your personal information, but we will honor your verified requests to the fullest extent possible. Please also note that 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 to ensure we comply with your no-contact request.

Use of our Website(s) and Online Services

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 our websites, including a history of the pages you have viewed. We may also use your IP address to help diagnose problems with our server and to administer our websites, 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 websites to better suit our users' needs. Our websites also use cookies and web beacons, but do 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 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 websites. 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 websites. Please review our Cookie Policy for more information.
  • Web Beacons. Pages of our websites 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 collect other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We use a commercial third-party hosting service to host our sites and services. This third-party service, as a data processor, maintains fully compliant security and data privacy practices. You can review information regarding the service's data privacy practices here: everleap.com/policies/privacy and regarding its data processing policies and security here: everleap.com/policies/data-processing.

Data Storage and Retention

Information you provide to us is stored in one or more servers located in the United States and is hosted by us and/or third parties that we engage for their cloud-based data management services. We retain data during the duration of a user's business relationship with us. For Case documents that Judicate West received from the parties relating to Judicate West's services, Judicate West has a document retention policy, available here. For more information on where and how long other data, including your personal date, is stored, please contact us at privacy@judicatewest.com.

Disclosure of Your Information

As noted, we engage third-party cloud-based data management services to host some of our data. 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:

  • Our subsidiaries and affiliates.
  • Contractors, service providers, and other third parties we use to support our business.
  • 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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us 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 Service and other agreements.
  • 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 our My JW website and visiting your My JW Account page (located under the "More" tab). You may also send an email to privacy@judicatewest.com to request access to, correction, or deletion of any personal information that you have provided to us. We may not accommodate a verified 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

The security of your personal information is important to use. We have implemented 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 secure servers behind firewalls. Any payment transactions are only processed and stored in compliant environments in accordance with PCI-DSS standards.

We follow generally accepted industry standards to protect your personal information. Unfortunately, however, no method of transmission or storage of information via the internet is completely secure. Although we do our best to protect your personal information, we cannot guarantee its complete security.

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 and secure. Please do not share your password with anyone.

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 United States, and the services offered are not intended for data subjects while in the EU. The accessibility of our websites 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 engage in tracking and profiling of our website visitors, and so do not monitor the behavior of EU data subjects as far as their behavior within the EU.

However, occasionally we may process data about EU citizens in the scope of offering our services within the United States, and we will do so in the United States. In doing so, we rely on Article 49 of the GDPR (titled "Derogations for Specific Situations"). Specifically, we may collect and transfer your personal data to the United States only either (1) to perform a contract with you with your consent or (2) to fulfill a compelling legitimate interest of ours in a manner that does not outweigh your rights and freedoms. We strive to apply suitable safeguards to protect the privacy and security of your personal data and to use your personal data solely in a manner consistent with your relationship with us and the practices described in this Privacy Policy.

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 did not 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 we erase that data or cease processing it, subject to certain exceptions. You may also request that 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.

California Residents Privacy Notice

Updated on: August 6th, 2021

NOTE: IF YOU ARE NOT A CALIFORNIA CONSUMER, THIS NOTICE DOES NOT APPLY TO YOU. Instead, please refer to our Privacy Policy.

The California Consumer Privacy Act ("CCPA") gives certain consumers that reside in California (known as "consumers") the right to know about the personal information a business collects about them, including (a) the specific pieces and categories of personal information that a business has collected about the consumer, (b) the categories of sources for that information, (c) the business or commercial purposes for collecting the information, and (d) the categories of third parties with which the information was shared. Consumers also have the right to submit a request for deletion of information under certain circumstances.

"Personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include publicly available information, or information that is deidentified or aggregate consumer information.

Consistent with the CCPA, if you choose to exercise your rights, we will not adjust what we are charging you for our services or provide a different quality of service based solely on your request. However, in some circumstances, for example where you have requested or consented to our services that use your personal information to provide the service, we may not be able to provide a service if you choose to delete your personal information.

How We Collect and Use Your Personal Information

In the preceding 12 months from the date of the posting of this privacy notice, we have collected the following information about consumers:

Category and representative data elements Collected? Business or Commercial Purpose for Collection Sources of Personal Information
Identifiers :
Name, Postal Address (including country, state, and city), email address, website address, title, State Bar Association Numbers, Website visitor public IP addresses 		Yes Responding to inquiries; verifying client information; maintaining or servicing client relationships; responding to technical questions; providing support; counting website visitors; processing payments, protecting against malicious, deceptive, fraudulent, or illegal activity (or legal prosecution). You (including your devices); law, insurance, and other firms and their personnel; website submissions; publicly available websites such as the California State Bar website.
Sensitive Data :
Name, address, telephone number, credit or debit card number. 		Yes Responding to inquiries; verifying customer information; maintaining or servicing client relationships; responding to technical questions; temporary usage of debit or credit card numbers for processing payments (we do not store or retain this information), providing customer service, protecting against malicious, deceptive, fraudulent, or illegal activity (or legal prosecution). You (including your devices); law, insurance, and other firms and their personnel; website submissions; publicly available websites such as the California State Bar website.
Protected classification characteristics under California or federal law. No    
Commercial Information in the Form of Client Case Histories :
Information about our clients including their history of cases with us 		Yes Maintaining, servicing and improving client relationships; providing enhanced levels of customer service, tailoring services to meet client needs. You, based on your history of business with us
Commercial Information in the Form of Client Biographical Information :
Publicly published information about our clients including career highlights, biographical portrait images, links to articles authored by clients, or relevant industry news stories 		Yes Maintaining, servicing and improving client relationships; providing enhanced levels of customer service, tailoring services to meet client needs. You; publicly published biographical information found on client firm websites; publicly published biographical information found on industry news publications and websites
Biometric information .
Customer service voice recordings and voice mails; images including client photographs, paper facsimile, and electronic signatures 		Yes Providing customer service; processing client sign-ins at our facilities (including in light of the COVID-19 pandemic); protecting against malicious; deceptive; fraudulent; or illegal activity (or legal prosecution). You; publicly published biographical information, including on firm websites; temperature check devices in our facilities
Internet or other similar network activity :
Information regarding a consumer's interaction with an internet website or application. 		Yes Auditing related to a current interaction with a consumer; detecting security incidents; short-term, transient use; performance of services on behalf of our clients; research for technological development and demonstration; verifying or maintaining the quality of services or products provided by, owned, or controlled by Judicate West; Improving, upgrading or enhancing the services or products provided, owned, or controlled by Judicate West. You as a website visitor or application user (including from your devices)
Geolocation data No    
Sensory data: thermal body temperature data Yes Processing client check-ins at our facilities (including in light of the COVID-19 pandemic). Temperature scanning devices in our facilities
Professional or employment-related information Yes Maintaining, servicing, and improving client relationships; providing enhanced levels of customer service, including tailoring services to meet client needs. You; publicly published biographical information found on client firm websites; publicly published biographical information found on industry news publications and websites
Student Records No    
Inferences :
Based on case or inquiry submissions, history of kinds of cases, mediator or arbitrator preferences, location preferences 		Yes Responding to inquiries; verifying client information; maintaining or servicing client relationships; providing customer service, including tailoring our services to better meet client expectations. Inferred

We Do Not Sell Your Personal Information

Judicate West has not disclosed or sold any personal information to third parties for commercial purposes in the preceding 12 months.

Your Rights Under California Law

The following are your rights under California law:

  • To request that the business disclose what personal information or categories of personal information (about you) it collects, uses, discloses, and/or sells, as well as the business purpose or commercial purpose for collecting the personal information, the categories of third parties with whom we share personal information, and the categories of personal information shared and the reasons we shared it ("disclosure request").
  • To request deletion of your personal information collected or maintained by the business ("deletion request"). The right to have your personal information deleted is limited, and we may not always be able to honor your request, particularly when it is necessary to maintain your information for legal purposes or to complete the business we have with you. Unless an exception applies, we will delete your personal information, as well as direct our service providers to delete your personal information.
  • To opt-out of the sale of your personal information by the business. A "sale" occurs when your personal information is exchanged with a non-service provider, third party in exchange for valuable consideration. It is not a sale when you intentionally authorize us to disclose your personal information or interact with a third party. As noted, Judicate West has not disclosed or sold any personal information to third parties for commercial purposes in the preceding 12 months.
  • To not receive discriminatory treatment by the business for exercising any of your privacy rights under the CCPA.

Exercising Your Rights Under the CCPA

You may make a CCPA disclosure request or deletion request through any of the methods provided under the Contact Information section of this web page.

All consumer rights requests are subject to verification by us. We verify requests by matching information you provide to us (including your name) to consumer personal information that we are already maintaining. In some instances, we may use your contact information to contact you in order to verify your identity.

The CCPA permits you to designate an authorized agent to make a request on your consumer's behalf. You may designate an agent by filling the agent-designation form CCPA Authorized Agent Form.pdf. Both the designated agent and the consumer are subject to verification before we can accept and fulfill a consumer rights request.

You have the right to make a disclosure request two times in any 12-month period. We will promptly acknowledge your request, and respond to your request within the time and manner required by CCPA.

Changes to our Privacy Policy

We will post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' personal information, we will also notify My JW account holders by email using the email address associated with each account. The date the Privacy Policy 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 email address for you and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact Information

For the most efficient method of submitting a CCPA or other privacy request, please visit www.judicatewest.com/privacy to complete the available fillable form.

You may also call us toll free at 800-448-8805 or email us at privacy@judicatewest.com regarding your privacy-related inquiries, or contact us via US Mail at:
  Judicate West - ATTN: Privacy
  1851 East First Street, Suite 1600
 Santa Ana, CA 92702



Cookie policy

Last modified: June 14th, 2023

Websites commonly use technology known as "Cookies" or "Browser Cookies" to help evaluate usage of the site and personalize a user's experience on the site. A cookie is a small data file stored on your computer by your browser. Some sites may also use cookies to support various third-party marketing activities and may even sell information about their visitors. JUDICATE WEST DOES NOT participate in any such programs. Judicate West does not sell or distribute any personal information collected via cookies or by any other means.

Judicate West has adopted a policy to use cookies only minimally, solely to improve our business and support functionality for our site visitors.

For our main website we use Fathom Analytics to gather statistical information about the usage of our site. Fathom Analytics does not use cookies and complies with GDPR, CCPA, and other privacy regulations and frameworks. This privacy-friendly tool allows us to understand usage patterns of our website without tracking individual users, giving Judicate West no way of identifying visitors to its main website. Your IP address is only briefly processed by Fathom Analytics and is not seen or stored by Judicate West. As per the CCPA, your personal information is de-identified. You can read more about this on Fathom Analytics' website: usefathom.com/privacy-focused-web-analytics.

We use this software to understand our website traffic in the most privacy-friendly way while also achieving our goals of continually improving our website and business.

Any other cookies we may use on our main site serve the purpose of enhancing your experience as a user and managing your user session and are not for identifying you.

For some other websites we operate, such as MyJW (myjw.judicatewest.com), we may use cookies for certain purposes to improve and personalize functionality for you, and to identify how you use the site so that we can retain information about your preferences and customize your experience. You have many choices regarding the management of cookies in your browser. You may disable cookies if desired for our site, or any other site, but doing so may cause diminished functionality.

We may also use Google AdWords to advertise our services on the internet with advertisements provided by Google's AdWords network that link to our websites. When you view or click on an advertisement, Google may set a cookie to improve the relevance of advertisements for you. Please note that this is not a cookie created or used by Judicate West, but by Google. 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.