Privacy Policy

This Privacy Policy ("Policy") sets forth the ("Birthright PMA") policies regarding the collection and use of information via this Portal located at birthrightpma.org (including all pages under such second level domain name, collectively, the "Portal"). The Portal is generally accessible by all visitors ("Visitors"); however, portions of the Portal are only accessible by certain Visitors who register to use the Birthright PMA's online services ("Online Services"). Certain Visitors registered to use the Online Services include persons who use the Birthright PMA's Internet-based alternative dispute resolution facility, Birthright PMA WebFile SM ("WebFile") to submit a dispute for online arbitration or mediation (such Visitors or their representatives, the "Parties"). Only Parties may access the Web File area of the Online Services. Certain Visitors registered as arbitrators, mediators, or other panelists with the Birthright PMA 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 Birthright PMA Portal Terms of Use. 

INFORMATION: COLLECTION AND USE 

GENERAL 

Visitors (including without limitation Registered Visitors) understand that Birthright PMA may collect, maintain, and process information provided by them to Birthright PMA, and information otherwise collected by Birthright PMA concerning such Visitors on and through the Portal and the Online Services (including but not limited to Web File) for purposes of providing services to Visitors. Depending upon the services at issue, the provision of certain data may be required for Birthright PMA to provide the requested services.

PUBLIC AREAS OF THE PORTAL 

All Visitors may visit the public areas of the Portal without disclosing personal information, such as name, email address, or other contact information, about themselves. However, Visitors will have the opportunity to request to receive information from Birthright PMA, 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 Birthright PMA 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. Visitors may elect to opt-in or opt out from receiving marketing communications by (a) following the instructions in OPT OUT CHOICES, 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 Birthright PMA. 

ONLINE SERVICES REGISTRATION INFORMATION 

In order to participate in the Online Services, Birthright PMA requires Registered Visitors to have registered with the Online Services 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"). We may use the information as we see fit to conclude a situation or event. From time to time Registered Visitors to Birthright PMA WebFile may review their Registration Information by visiting the Birthright PMAWebFile 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 Panelists eCenter area of the Online Services. Certain portions of the Registration Information concerning a Party will be used for evaluating qualifications for participation in online arbitration under Web File. Birthright PMA may also use Registration Information to communicate with all Registered Visitors regarding Birthright PMAWebFile proceedings, changes in Online Services functionality, features, billing, help desk and other activities relating to the operation of the Online Services. Birthright PMA 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 Birthright PMAWebFile 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 Sub-chapters. Birthright PMA 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 Birthright PMA's partners, which may be sent by Birthright PMA. Instructions on how to request that Birthright PMA not send such future communications (not including communications necessary for the operation of the Online Services) or that Birthright PMA not share Registration Information with third parties for marketing purposes, are set forth in OPT-OUT CHOICES, below and, for Birthright PMA transmitted material which is unrelated to the operation of the Online Services, in each communication. 

CASE MANAGEMENT INFORMATION AND MATERIALS 

Privacy terms relating to confidential information and materials Parties and Arbitrators submit to 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 Birthright PMA Rules and/or any other agreement between the Parties and Panelist(s). 

USAGE DATA 

Birthright PMA will record and collect information about how all Visitors use the Portal, including the Online Services. This data may include a Visitor's domain name, language, type of browser and operating system, Internet service provider, Internet protocol (IP) address, the Web site 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 (collectively, "Usage Data"). Birthright PMA will monitor and use Usage Data in aggregated form to measure the Portal's performance and Online Services activity and improve the Portal's design and functionality. Birthright PMA may also use Usage Data in aggregated form to develop and distribute to third parties statistical and other information about how the Portal and Online Services are used and for other marketing purposes. Birthright PMA may also disclose aggregate Usage Data to other Visitors, Parties and Panelists. Birthright PMA may also use Usage Data in un-aggregated form to investigate and prosecute security violations or to identify a particular Visitor or Registered Visitor who engaged in particular transactions. 

COOKIES 

"Cookies" are pieces of information that are placed on a Visitor's computer hard drive to enable the individual to more easily communicate and interact with the Portal, including but not limited to the Online Services and WebFile. Birthright PMA uses cookies to customize Your experience on the Portal. Birthright PMA also uses Cookies to record how many times a Visitor has visited our Portal and what pages the Visitor has accessed. You may, however, disallow receiving Cookies at any time through Your web browser, although this may affect the usability of the Portal. It is not Birthright PMA's intention to use Cookies to retrieve information that is unrelated to the Portal or Your interaction with the Portal. 

Sub-chapters 

Birthright PMA may make available certain public and/or private forums such as bulletin boards, email lists and chat rooms (collectively, "Sub-chapters") 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 Sub-chapters. For more information regarding Sub-chapters, see our Terms of Use. 

OPT-OUT CHOICES 

To "opt-out" of (1) receiving communications from Birthright PMA (except for communications necessary for the operation of the Portal, the Online Services, or as otherwise permitted under this Policy), (2) having contact information disclosed to third parties for marketing purposes (except as necessary for Birthright PMA to operate the Portal, Online Services, or as otherwise permitted under this Policy), or (3) any other consent previously granted for a specific purpose concerning Your personal information, send an email to the Birthright PMA Data Controller at admin@birthrightpma.org. Data subjects in the European Union (EU) will be asked to opt-in to marketing communications in accordance with your rights under the General Data Protection Regulation (GDPR).

REVIEW/CHANGE CONTACT INFORMATION 

Requests to review or change Registration Information previously provided on or through certain portions of the Online Services may be made to the Birthright PMA by sending an email to the Birthright PMA Data Controller at admin@birthrightpma.org.

INDIVIDUAL RIGHTS

For data subjects in the EU, it is your right to be informed of and to request a copy of the personal data Birthright PMA collects and maintains about you. Birthright PMA also seeks to ensure your personal data is accurate and up-to-date; accordingly, you have a right to rectify or supplement your personal data. Under certain circumstances, you may also have a right to erase, restrict the processing of, transmit, or object to the processing of your personal data. If you would like to access, rectify, erase, restrict, transfer, or object to the processing of your personal data, please contact the Birthright PMA Data Controller at admin@birthrightpma.org.

LINKED SITES 

Birthright PMA may provide links to third parties' Web sites ("Linked Sites") from the Portal or the Online Services. Linked Sites are not necessarily reviewed, controlled or examined by Birthright PMA in any way and Birthright PMA 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 Birthright PMA's endorsement of or association with the Linked Sites. When leaving the Portal, Birthright PMA encourages you to review the applicable Privacy Policies of the Linked Sites.

DISCLOSURE PURSUANT TO LAW 

Birthright PMA may make information concerning Visitors, the Portal, the Online Services (including Birthright PMA 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, Birthright PMA 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 Birthright PMA WebFile), or any illegal activities concerning a particular visitor or registered visitor. 

CONSENT TO PROCESSING 

By using or providing information to the Portal or the Online Services, all Visitors understand and unambiguously consent to the collection, processing and use of such information in the United States and other countries and territories, for the purposes of providing the Portal, the Online Services and related services and as otherwise set forth herein or in the Birthright PMA Rules. Where required, data subjects in the EU will be asked to affirmatively consent to the processing of their personal data in accordance with their rights under the GDPR.  For all processing based upon your consent, you have a right to withdraw your consent at any time.

SERVICE PROVIDERS 

Birthright PMA may utilize third parties to provide or perform certain services and functions on the Portal and the Online Services (including Birthright PMA WebFile). For example, Birthright PMA may use a Web site tracking evaluation firm to analyze use of the Portal and the Online Services (including Birthright PMA WebFile) by all visitors and Birthright PMA may use third-party suppliers to provide certain functionality and services provided on the Online Services (including Birthright PMA WebFile). Birthright PMA will make information concerning Visitors and their use of the Portal and Online Services (including Birthright PMA WebFile) available to these service providers and business partners, as necessary, to perform these functions and services. The service providers may be located throughout the world.  Data protection laws vary among countries and some countries provide greater protection for personal data than others. Regardless of where your information is processed, we apply the same protections described in this Policy. Transfers of data to countries outside of the United States or the EU may occur based upon the EU’s adequacy decisions or based upon confirmation of adequate safeguards, among other lawful bases. 

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 Birthright PMA, information collected via or stored on the Portal or the Online Services (including Birthright PMA WebFile) may be sold, assigned or transferred to a party acquiring all or substantially all of the equity and/or assets of Birthright PMA related to the Portal. Birthright PMA may also transfer such information to its subsidiaries and affiliates involved in the operation of the Portal or the Online Services. 

DATA STORAGE

The time period for the storage of your data is a case-by-case determination that depends upon, among other things, the nature of the data, why it was collected and processed, and the relevant legal or operational retention requirements.

SECURITY 

Birthright PMA takes seriously the security of your personal information. Birthright PMA has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure of or access to, such information, reasonably appropriate to the level of the data concerned. However, due to the open communication nature of the Internet, we cannot guarantee that communications between You and the Portal, and the Portal and You, or data stored on Birthright PMA's systems, will be free from unauthorized access by third parties. 

In the unlikely event that Birthright PMA believes that the security of your personal information in Birthright PMA's possession or control may have been compromised, Birthright PMA may seek to notify you of that development. If a notification is appropriate, Birthright PMA would endeavor to do so as promptly as possible under the circumstances, and, to the extent Birthright PMA has your email address and such notification is permitted by law, Birthright PMA may notify you by email.

UPDATES TO THE PRIVACY POLICY 

Birthright PMA 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. Any access to or use of the Portal or Online Services (including Birthright PMA WebFile) following such update shall be deemed consent to such update. All visitors are therefore encouraged to refer back to this page regularly. This Policy may not be otherwise amended without the written consent of Birthright PMA. 

CONTACT, QUESTIONS, & COMMENTS

If you would like to communicate with Birthright PMA regarding privacy issues or have questions or comments about this Policy, please forward such communication to admin@birthrightpma.org.  For data subjects in the EU that remain dissatisfied, you can make a complaint with the applicable supervisory authority.