Privacy Policy

This Privacy Policy (this "Policy") is issued by Arbitration, Inc., a Florida corporation (the "Company") and governs the collection, use, disclosure and retention of Personal Information by the Company in connection with the websites, applications, application programming interfaces and related services of the Company that reference or link to this Policy (collectively, the "Services"). As used in this Policy, "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 individual or household, and does not include de-identified or aggregate information or information that is lawfully made publicly available. "User" means any individual who accesses or uses the Services. "Proceeding" means any arbitration or other dispute resolution proceeding administered through the Services. "Party" means a claimant (a "Claimant") or respondent (a "Respondent") in a Proceeding. "Rules" means the arbitration rules of the Company in effect from time to time. "Terms" means the Terms of Service of the Company in effect from time to time.

The Company collects the following categories of Personal Information: (a) identifiers, including name, email address, postal address, postal code, telephone number, Internet Protocol address, account name, account credentials and other online identifiers; (b) customer and billing records, including billing address, payment card number and other payment details; (c) commercial information, including records of purchases of credits and of Proceedings filed or defended; (d) internet or other electronic network activity information, including browser type, device type, operating system, pages viewed, links clicked, referring pages and time spent on the Services; (e) approximate geolocation derived from Internet Protocol address or postal code; (f) professional or employment-related information relating to personnel of business customers, including name, title, employer and work contact details; (g) claims, responses, statements, evidence, documents, messages and other materials submitted in or in connection with a Proceeding (collectively, "Case Materials"); (h) inferences, including awards, determinations and analyses generated in the course of a Proceeding, whether by automated systems that use artificial intelligence or otherwise; and (i) the content of communications with the Company. Awards and analyses generated by artificial intelligence in a Proceeding are inferences and are collected and disclosed as a category of Personal Information under this Policy. Case Materials are prepared by the submitting Party, may contain any category of Personal Information, including sensitive Personal Information, and may relate to the submitting Party, the opposing Party or third persons.

The Company may collect payment card numbers and other payment details, including card type, expiration date, billing address and transaction information, directly or through the third-party payment processor engaged by the Company.

The Company collects Personal Information from the following sources: (a) directly from the User; (b) from a Claimant, with respect to a Respondent and other persons identified in a claim; (c) from any Party, with respect to persons referenced in Case Materials; (d) from business partners that transmit information to the Company through the Company's application programming interface (each, a "Partner"); (e) automatically, through cookies and similar technologies, from the devices used to access the Services; and (f) from service providers, including the payment processor.

A Respondent may not hold an account with the Company or have agreed to the Terms at the time the Company first receives Personal Information concerning the Respondent. The Company uses such Personal Information to give notice of the Proceeding to the Respondent and to administer the Proceeding in accordance with the Rules.

The Company does not request sensitive Personal Information other than account log-in credentials and the payment card information described above. A Party who elects to include sensitive Personal Information in Case Materials does so at the Party's discretion and should submit only such information as is necessary to the Proceeding. The Company uses and discloses sensitive Personal Information only as reasonably necessary to provide the Services and for other purposes permitted by applicable law.

The Company uses Personal Information for the following business and commercial purposes: (a) to create, maintain and administer accounts; (b) to receive filings, deliver notice to Parties, administer and decide Proceedings in accordance with the Rules, and issue, deliver and maintain awards and records of Proceedings; (c) to process payments and maintain billing, tax and accounting records; (d) to send transactional, administrative and Proceeding-related communications; (e) to provide, maintain and secure the application programming interface for Partners; (f) to detect, prevent and respond to fraud, abuse, security incidents and duplicative or bad-faith filings; (g) to analyze use of the Services and to maintain, debug and improve the Services; (h) to measure the effectiveness of the Company's advertising; (i) for training purposes, including to train and improve artificial intelligence models, as described below; (j) to comply with applicable law, regulation and legal process, and to establish, exercise or defend legal claims; (k) to enforce the Terms and the Rules; and (l) for any other purpose disclosed at the time of collection or with the consent of the individual concerned. The Company may create de-identified or aggregate information from Personal Information, will maintain and use such information in de-identified form, and will not attempt to re-identify it except as permitted by applicable law.

Case Materials and other information submitted in a Proceeding are processed by automated systems, including systems that use artificial intelligence, to administer and decide Proceedings in accordance with the Rules. Determinations and awards in Proceedings are generated by or with the use of such automated systems. Such systems may be operated by the Company, by a third-party provider on behalf of the Company, or both.

The Company may use Case Materials, awards, records of Proceedings and other information collected through the Services, including Personal Information, for training purposes generally, including to train, test and improve artificial intelligence models and the automated systems used to provide the Services.

Case Materials submitted by a Party are disclosed to each other Party to the Proceeding, to any arbitrator or reviewer assigned to the Proceeding, and otherwise as required or permitted by the Rules. Arbitrators and reviewers may be independent contractors and/or employees of the Company. Information disclosed to another Party cannot be retrieved by the Company. A Party may file an award and the record of a Proceeding with a court in a proceeding to confirm, modify, correct or vacate an award, and any such filing may become a matter of public record. The Company may disclose awards, records of Proceedings and related information to the extent required by applicable law.

The Company discloses Personal Information to service providers and contractors that perform services on its behalf, including hosting, data storage, email delivery, customer support, payment processing, artificial intelligence processing and analytics, pursuant to written contracts that restrict the use of such Personal Information to the performance of services for the Company and as otherwise permitted by applicable law.

Where a User accesses the Services through the platform of a Partner, the Company receives Personal Information from the Partner and discloses to the Partner the status and outcome of the Proceeding and such other information as is necessary to provide the Services. The privacy policy of the Partner governs the Partner's handling of Personal Information. To the extent the Company processes Personal Information received from a Partner on behalf of the Partner, the Company acts as a service provider to the Partner and processes such Personal Information in accordance with the instructions of the Partner. To the extent the Company processes such Personal Information for its own purposes, the Company does so as an independent business in accordance with this Policy.

The Company may also disclose Personal Information (a) to comply with applicable law, regulation, subpoena, court order or other legal process; (b) to respond to lawful requests of public authorities; (c) to protect the rights, property or safety of the Company, Users or others; (d) to a successor or other party in connection with a merger, acquisition, financing, reorganization, bankruptcy or sale of all or part of the Company's assets, subject to this Policy; and (e) at the direction or with the consent of the individual concerned.

The Company and third parties acting on its behalf use cookies, pixels, web beacons, local storage and similar technologies on the Services. Strictly necessary technologies maintain sessions and the security of the Services. Analytics technologies, including those provided by PostHog, record how Users interact with the Services. Advertising measurement technologies, including Google Ads conversion tracking and the LinkedIn Insight Tag, record whether advertisements result in registrations or purchases. Google may combine information collected through the Services with information it holds from other sources, subject to Google's own privacy policy. Third parties may therefore collect Personal Information about a User's online activities over time and across different websites when the User uses the Services. Users may block or delete cookies through browser settings, in which case certain features of the Services may not function, and may manage advertising personalization through Google account settings. The Company may disable analytics and advertising technologies for Users located in California.

Web browsers may transmit "Do Not Track" signals. Because no uniform standard for such signals has been adopted, the Company does not respond to them. The Company treats a Global Privacy Control signal received from a browser or device as a valid request to opt out of the sale and sharing of Personal Information associated with that browser or device and, where known, with the consumer.

The Company may sell or share Personal Information as permitted by applicable law. A consumer who wishes to opt out of the sale or sharing of his or her Personal Information may do so by sending an email to privacy@arbitration.inc with the subject line “Do Not Sell or Share My Personal Information.” The Company has no actual knowledge of selling or sharing the Personal Information of consumers under sixteen (16) years of age.

The Company retains Personal Information for as long as necessary for the purposes described in this Policy and as required or permitted by applicable law. When retention is no longer necessary for those purposes or required or permitted by applicable law, the Company deletes or de-identifies the Personal Information.

The Company maintains reasonable administrative, technical and physical safeguards designed to protect Personal Information against unauthorized access, use, disclosure, alteration and destruction. No method of transmission or storage is completely secure, and the Company does not guarantee the security of Personal Information. In the event of a breach of security affecting Personal Information, the Company will provide notice as required by applicable law.

Requests to access, correct or delete Personal Information are subject to the nature of the Proceeding. The Company may decline to delete Case Materials, awards or records of a Proceeding while the Proceeding is pending, or thereafter where retention is necessary to maintain the record of the Proceeding, to respond to a court, or to comply with applicable law. Deletion of Personal Information concerning a Respondent does not of itself terminate a Proceeding. Where the Company declines a request in whole or in part, the Company will so state and give the reason, to the extent permitted by law.

The provisions of this Policy that follow, through the provision concerning California's Shine the Light law, apply to residents of California and supplement the remainder of this Policy. Terms defined in the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and its implementing regulations (together, the "CCPA") have the same meanings when used in those provisions. Those provisions apply to the extent the CCPA applies to the Company.

In the preceding twelve (12) months, the Company has collected the following categories of Personal Information enumerated in the CCPA: identifiers; personal information described in the California Customer Records statute, including name, address, telephone number, payment card number and other payment details; commercial information; internet or other electronic network activity information; geolocation data, limited to approximate location; professional or employment-related information; inferences, including awards, determinations and analyses generated in Proceedings by automated systems that use artificial intelligence; and sensitive personal information, consisting of account log-in credentials, payment card information and any sensitive personal information a Party elects to include in Case Materials. The sources of each category are described in the provision of this Policy concerning sources of Personal Information, and the business and commercial purposes for which each category is collected and used, including training, are described in the provisions of this Policy concerning use of Personal Information, automated processing and training.

In the preceding twelve (12) months, the Company has disclosed each category of Personal Information described above for a business purpose to service providers and contractors, to Parties and arbitrators or reviewers in Proceedings, to Partners, and to courts and public authorities, in each case as described in the provisions of this Policy concerning disclosure of Personal Information. The Company's practices regarding the sale and sharing of Personal Information, regarding sensitive Personal Information, and regarding retention of Personal Information are stated in the provisions of this Policy addressing those subjects.

Subject to the exceptions in the CCPA, a California resident has the right to: (a) request that the Company disclose the categories of Personal Information collected, the categories of sources, the business or commercial purposes for collecting, selling or sharing it, the categories of third parties to which it is disclosed, and the specific pieces of Personal Information collected about that resident; (b) request deletion of Personal Information collected from that resident; (c) request correction of inaccurate Personal Information; (d) opt out of the sale or sharing of Personal Information; (e) limit the use and disclosure of sensitive Personal Information, to the extent that right applies; (f) the rights concerning automated decisionmaking technology described below; and (g) not be discriminated or retaliated against for exercising any of these rights.

The Company uses automated decisionmaking technology, including systems that use artificial intelligence, to administer and decide Proceedings. Such technology processes the Case Materials and other information submitted by the Parties, applies the Rules to that information, and generates analyses, determinations and awards, which may be adverse to a Party. In the course of doing so, the technology evaluates information concerning the Parties and the matters in dispute, and the resulting analyses, determinations and awards constitute profiling and inferences within the meaning of the CCPA. The Company also uses Personal Information to train and improve such technology, as described above. Subject to the exceptions in the CCPA, a California resident has the right to request information about the Company's use of automated decisionmaking technology with respect to that resident, including the purpose for which the technology is used, the logic involved, and how the output of the technology was used in a decision concerning that resident, and the right to opt out of, or appeal, the use of automated decisionmaking technology to make a significant decision concerning that resident, in each case as provided by the CCPA. Such requests may be submitted in the manner described below for other requests under the CCPA. Under California SB 574 and California Code of Civil Procedure §1282.1, these arbitrations may not be binding for California residents or for disputes within the state of California.

A California resident may submit a request by email to privacy@arbitration.inc or through any web form that the Company makes available on the Services. The Company will confirm receipt of a request to know, delete or correct within ten (10) business days and will respond within forty-five (45) calendar days of receipt. Where reasonably necessary, the Company may extend the response period by an additional forty-five (45) calendar days upon notice to the requester.

Before acting on a request to know, delete or correct, the Company will verify the identity of the requester by matching information provided with information the Company maintains, or through the requester's account where one exists. The degree of verification required increases with the sensitivity of the Personal Information and the risk of harm from an unauthorized request. Verification is not required for a request to opt out of sale or sharing or to limit the use of sensitive Personal Information. A request may be submitted by an authorized agent. The Company may require the agent to provide signed written permission from the resident, and may require the resident to verify his or her identity directly with the Company, except where the agent holds a valid power of attorney under California law.

Under California's Shine the Light law, a California resident who has an established business relationship with the Company may request, once per calendar year, information about the disclosure of certain categories of Personal Information to third parties for their direct marketing purposes during the preceding calendar year. The Company does not disclose Personal Information to third parties for their own direct marketing purposes.

Residents of states that have enacted comprehensive consumer privacy laws, including Virginia, Colorado, Connecticut, Texas and other states, may have, subject to the applicability of such laws to the Company and the exceptions they contain, the right to confirm whether the Company processes their Personal Information and to access it; to correct inaccuracies; to delete it; to obtain a copy in a portable format; and to opt out of targeted advertising, the sale of Personal Information, and profiling in furtherance of decisions that produce legal or similarly significant effects. Requests may be submitted to the Company by email at the address stated at the end of this Policy. If the Company declines to take action on a request, the resident may appeal by replying to the Company's decision or by emailing that address with the subject line "Appeal" within a reasonable period after the decision. The Company will respond to an appeal within the period required by applicable law. If the appeal is denied, the resident may contact the Attorney General of his or her state.

The Services are not directed to individuals under eighteen (18) years of age, and a User must be at least eighteen (18) years of age to open an account or to file or respond to a claim. The Company does not knowingly collect Personal Information from children under thirteen (13) years of age, or from any individual under eighteen (18) years of age through account registration. If the Company learns that it has collected such Personal Information, it may delete it, unless retention is required by law, a minor is named as a Respondent acting through the minor's parent or legal guardian, or the minor is emancipated. A parent or guardian who believes that a child has provided Personal Information to the Company may contact the Company by email at the address stated at the end of this Policy.

The Services are intended for use in the United States. Personal Information is processed and stored in the United States.

The Company sends transactional and Proceeding-related communications, which a User may not opt out of while the User's account or a Proceeding involving the User remains active. The Company may also send marketing emails, from which a User may unsubscribe at any time through the link in each such email; the Company will honor unsubscribe requests within the period required by applicable law. The Company may send text messages regarding accounts and Proceedings, and marketing text messages. By providing a mobile telephone number to the Company, a User gives express consent to receive such text messages at that number. Consent to marketing text messages is not a condition of any purchase. Message and data rates may apply. A User may opt out of text messages at any time by replying STOP.

The Services may contain links to websites and services operated by third parties, including Partners and the payment processor. The Company is not responsible for the privacy practices of such third parties, whose collection and use of Personal Information is governed by their own privacy policies.

The Company may amend this Privacy Policy at any time by posting the amended version on the Services, and the amended version takes effect when posted.

This Policy does not amend the Terms or the Rules. In the event of a conflict between this Policy and the Terms or the Rules with respect to the handling of Personal Information, this Policy controls.

Questions regarding this Policy and requests concerning Personal Information may be directed to the Company by email at privacy@arbitration.inc.