FAIR PROPOSALS - GV
(A Bargaining System Offered and Administered by Fair Outcomes, Inc. )
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Privacy Policy

I. Introduction

This statement discloses the privacy policies and practices for Fair Outcomes, Inc. ("we" or "us") with respect to the Fair Proposals system and the security precautions designed to protect persons and entities that utilize the pages of our website that embody the Fair Proposals system (the "Fair Proposals System" and "our Website").

There are two basic types of information provided to us by users of the Fair Proposals System:

(A) Data presented to us by the party seeking to initiate an invitation (referred to herein as a "First Party"), such as data identifying the parties and data relating to the escrow or the conditions for its release (see section II); and

(B) Data presented to us by the party to whom the invitation is directed (referred to herein as a "Second Party"), such as data submitted in a confidential presentation seeking to satisfy the conditions for a release of the escrow or establish that all of those conditions have been satisfied (see section III).

Our privacy policies and practices with respect to information that we receive are described below. For purposes of that discussion, First Parties and Second Parties each constitute a "User" of the Fair Proposals System, and those parties are from time to time referred to collectively below as "Users" or as the "parties." These policies and practices apply at all times, and under all circumstances.

II. Data presented to us by the First Party

(A) Introduction:

There are two basics types of information provided to us by First Parties during the course of their interactions with the Fair Proposals System.

(1) Data consisting of personal and contact information for the involved parties; and

(2) Data relating to the Escrow or the conditions for its release.

(B) Personal and Contact Information

The only personal information that we collect, store and use is the information that Users give us voluntarily in response to requests appearing on our website. We only use that information for the purposes stated within the request or within this Privacy Statement. For example, in order to use the Fair Proposals System, a First Party must fill out a Registration Form providing contact information for both parties (such as name and address, telephone and telecopy numbers, and e-mail addresses) and, in most instances, billing information (such as credit card number, expiration date). Our policies and practices with respect to personal and contact information are described in Sections 1 and 2 below.

(1) Use of Personal and Contact Information

Personal and contact information is used for the six purposes described in subparagraphs (a) - (e) below, and is not used for any other purpose without the express permission of the party who provided us with that information.

(a) Determining whether or not we have a relationship with one of the parties that prohibits us from allowing one of the parties to use the Fair Proposals System: We will use personal and contact information to determine whether we have a relationship with one of those parties that prohibits us from allowing one of the parties to use the Fair Proposals System at that point in time. We will not contact the Second Party as part of this process unless the First Party expressly authorizes in writing to do so. In the event that we determine that we have a relationship with one of the parties that prohibits us from allowing the Fair Proposals System to be utilized by one of the parties at that point in time, we will advise the First Party of that fact and we will delete and destroy the information that was provided to us by the First Party. Under those circumstances, we will not disclose the fact that the First Party contacted us or provided us with personal or contact information to anyone, and we will not use any of the information provided by First Party for any other purpose.

(b) Contact purposes: We will use contact information to contact the parties in the event that such contract becomes necessary and appropriate and, in the event that an Escrow Contract is entered into, to carry out our obligations and exercise our rights under that Escrow Contract. For example, a First Party needs to provide us with contact information concerning the Second Party so that we can, in the event that we enter into an Escrow Contract with the First Party permitting us to do so, send a password to the Second Party for use on the Fair Proposals System. However, we will not use any such contact information for any other purpose, and we will delete and destroy that information within sixty days of the date that it was provided to us or, in the event that an Escrow Contract is entered into, within sixty days of the date upon which the "Escrow Period" defined therein comes to an end. In addition, on rare occasions it may be necessary for us to use contact information to send out a strictly service related announcement. For instance, if our Website is temporarily suspended for maintenance, we may wish to send active users an e-mail to that effect.

(c) Authentication purposes: In some instances, it may become necessary or appropriate for us to use contact information for purposes of attempting to verify that a party using the System is in fact the party identified in the contact information. Thus, for example, if we received a communication concerning a given use of the System from a street address or an e-mail address that did not correspond to addresses listed in the contact information, we might want to use the contact information in an effort to determine whether or not the sender of that e-mail was in fact an intended User of the Fair Proposals System.

(d) Billing purposes: We may request and use personal and contact information in instances where the use of such information is necessary for billing purposes.

(e) Contract purposes: The fifth and final reason that we request personal and contact information is so that we can insert accurate information into the Escrow Contract and into its various Schedules with respect to the proper names and addresses of the intended Users of the Fair Proposals System in any given use.

(2) Sharing of Personal and Contact Information with Third Parties

We place great importance on the trust that Users of the System have in us and, towards that end, we hereby provide an assurance that we do not sell, rent or trade User's names, contact information, or other personal information to third parties. In instances where a credit card is used in connection with a utilization of the Fair Proposals System, an outside credit card processing company will be used to process the credit card transaction, but such companies also have policies providing that they will not retain, share, store or use personally identifiable information for any secondary purposes. Users of the Fair Proposals System are always notified when such information is expected to be shared by us with any outside party so that the User can make an informed choice as to whether or not they should proceed with services that require an outside party.

(C) Data describing the Escrow or the conditions for its release.

Parties who use the System or who seek to use the System as First Party will normally, as part of that process, either upload onto our Website or in some other manner provide us with information describing, comprising, or relating to the Escrow and the conditions for its release. We will use that information for the following two purposes:

(1) Defining and describing the respective rights and obligations that arise under the Escrow Contract and its various Schedules, including those obligations with respect to which the Second Party would be deemed an intended third-party-beneficiary in the event that we determined that the conditions for a release of the Escrow had been satisfied; and

(2) Carrying out our obligations, and exercising our rights, under the Escrow Contract and its various Schedules, including:

(a) Providing a party utilizing the invitation with an opportunity, under the terms and conditions described within the Escrow Contract, to review those portions of the information that we are authorized to disclose within the Escrow Contract;

(b) Providing a party utilizing the invitation with an opportunity, under the terms and conditions described within the Escrow Contract, to make confidential presentations of data to the System in an effort to satisfy the conditions for a release of the Escrow or establish that all of those conditions have been satisfied;

(c) Making a determination as to whether the conditions for a release of the Escrow have been satisfied; and

(d) Upon making such a determination, releasing the Escrow into the hands of the party to whom the invitation was directed in accordance with the terms and conditions of the Escrow Contract.

We will not use the information in question for any other purpose. In the event that we are provided with such information via uploads onto our website during a log-in session that takes place prior to the effective date and time of the Escrow Contract, and an Escrow Contract is not entered into within sixty (60) days of that request, then, to the extent that it has not already been deleted from our System and destroyed at the request of the party who provided that data, we will delete and destroy that information. In the event that an Escrow Contract is entered into and we make a determination that the conditions for the release of the Escrow were not satisfied prior to the end of the Escrow Period, then, after giving the party who provided us with that information an opportunity to obtain a certification about the manner in which that party used the System, and as to the fact that said use did not result in a release of the Escrow, we will delete and destroy our records concerning any confidential condition or set of conditions for the escrow's release.

III. Data presented to us by the Second Party

Data presented to us by a Second Party in an effort to satisfy the conditions for a release of the escrow or establish that all of those conditions have been satisfied will be used for only one purpose. That purpose is to make a determination, based upon the data set forth in that presentation, as to whether or not the conditions for a release of the Escrow have been satisfied. Depending upon the outcome of that determination, we shall take the steps described in subparagraphs (A) or (B) below.

(A) Practices and Policies in the event that data presented by the Second Party results in a determination that the conditions for a release of the Escrow have been satisfied.

If we make a determination, based upon such a confidential presentation, that the conditions for a release of the Escrow have been satisfied, we shall notify the involved parties of that fact and will take such steps as we are authorized to take under the terms of the Esrow Contract so as to cause the Escrow to be delivered into the hands of the party to whom the invitation was directed. After meeting our obligations to deliver whatever data might be appropriate to each party, we shall, unless requested by either party to preserve copies of that data, cause all copies of that data to be deleted from our System and destroyed.

(B) Practices and Policies in the event that data presented by the Second Party does not result in a determination that the conditions for a release of the Escrow have been satisfied.

If we make a determination, based upon such a confidential presentation, that the conditions for a release of the Escrow have not been satisfied, we shall provide the party who submitted that confidential presentation with notice of that fact and an opportunity to obtain a certification about the manner in which that party used the Fair Proposals System, and as to the fact that said use did not result in a release of the Escrow. (A sample of such a certification may be seen by reviewing the pages that can be accessed by clicking on the link to See A Sample that appears near the top of this page.) After doing so, we will delete and destroy the information contained in that confidential presentation. We will at that time provide the Second Party with an opportunity to submit another presentation, an opportunity that will be afforded on each such occasion until the Escrow Period comes to and end. We will not disclose any data presented to us by the Second Party, or disclose the fact that any such presentation was made, to the First Party or to anyone else other than the Second Party unless the presentation in question results in a determination that all of the conditions for a release of the Escrow have been satisfied, entitling the Second Party to a release of the Escrow into the Second Party's hands.

IV. Policy in the Event that we are Served with Judicial Process seeking disclosure of any of the above described Information

In the event that we are served with legal process directing us to make a disclosure of any information or data as described in Sections I - III above in a manner that is inconsistent with those Sections or with the obligations undertaken in the Escrow Contract, we shall object to such disclosure and will, as soon as is reasonably practicable, provide the First Party and the Second Party with notice of, and with a copy of, that legal process.

V. Policy in the Event of a Business Transition or Merger Affecting Fair Outcomes, Inc.'s obligations under the Privacy Policy

In the event that we undergo a business transition, such as a merger, being acquired by another company, consolidation, change in control, reorganization, liquidation or selling of a portion of our assets, we may transfer or assign information as described in Sections I though IV above to such acquiring company. However, all affected Users will be notified via email and by a prominent notice on our site for 30 days prior to a change of ownership of or control over that information. If as a result of the business transition, information provided to us by a User will be used in a manner different from that stated in this Privacy Policy at the time that information was provided, the user will be given a choice to opt out of the use of the Fair Proposals System consistent with Section VIII below.

VI. Privacy Issues Relating to Links to other Websites that Appear on our Website

Our Website contains links to other Websites. Please be aware that we are not responsible for the privacy practices of such other Websites. We encourage Users to be aware when they leave our Website, and to read the privacy statements of each and every Website that they visit that collects personally identifiable information. Our own Privacy Policy, as set forth herein, applies solely to information collected on our own Website.

VII. Security Systems used on Our Website

We take every precaution to protect information and data as referred to in Sections I-III above. When such information and data is submitted, it is treated by us as highly sensitive and protected both online and off-line.

The Fair Proposals System protects such data and information by placing it on a secure portion of our Website. That is why Users of the Fair Proposals System have to enter a unique User Name and Password each time they access their information. Your Password should never be shared with anyone.

Fair Proposals will not reveal any payment information that you may utilize, such as full credit card information or purchase order information, to anyone else after such payment information has been used.

When our System asks Users to enter non-public information, that information is encrypted and is protected with the Secure Sockets Layer (SSL) protocol, the leading encryption technology.

While Users are on a secure page of our System, such as registration form page or a page that only be accessed with a proper User Name and Password, the lock icon on the bottom of certain Web browsers, such as Netscape navigator and Microsoft Internet Explorer, may become activated, as opposed to unlocked, or open, when "surfing". SSL works like this: information entered by Users of the Fair Proposals System becomes a string of unrecognizable numbers before entering the Internet. When a User's encrypted data reaches our server, our server decodes the information and stores it in the Fair Proposals System's database. Both our server and the browsers that our Users use to navigate the Web understand the mathematical formulas used to turn such information and data into numeric code and then back again. So every time s User enters information, and every time saved information is accessed from our database, it gets encrypted before it travels onto the Internet. Each time a user logs on to our Website, our server and the User's Web browser agree on a random number (user session I.D.) which serves as the "decoding key" while that user is logged into the site. What that random number could be depends on the level of encryption the User's browser supports.

VIII. Notification of Changes to this Privacy Policy

If we decide to change this privacy policy, we will post those changes to this Privacy Policy on our Website and in such other places as we may deem appropriate so that Users of the Fair Proposals System are aware of what information and data the Fair Proposals System collects and uses and under what circumstances, if any, it discloses such information and data. We will, absent special circumstances, use information and data in accordance with the Privacy Policy in effect when the information and data was collected. If the circumstances are such that we intend to use such information or data in a manner different from that stated at the time of collection, we will notify the parties involved in that use of the System via e-mail. Users will then be given a choice as to whether or not to allow us to use the information or data in such a different manner. However, if a given User has opted out of all communication with our Website, or has deleted/deactivated their account, then they will not be contacted, and their personal information will not be used in this new manner. In addition, if we make any material changes to our privacy practices, we will post a prominent notice on our Website notifying Users of the change. In some cases where a notice is posted, we will also e-mail Users who have opted to receive communications notifying them of any changes in our Privacy Policy.

IX. EXCEPTIONS

IN THE EVENT THAT FAIR OUTCOMES, INC. CONCLUDES, IN GOOD FAITH, THAT A USER APPEARS TO BE ENGAGING IN, OR TO HAVE ENGAGED IN, A USE OF THIS WEBSITE THAT IS UNLAWFUL OR IN MATERIAL BREACH OF AN UNDERTAKING MADE TO FAIR OUTCOMES, INC, THEN FAIR OUTCOMES, INC. MAY, NOTWITHSTANDING ANY OF THE PROVISIONS SET FORTH IN THIS PRIVACY STATEMENT, TAKE SUCH STEPS AS IT CONCLUDES, IN GOOD FAITH BUT WITHIN ITS SOLE DISCRETION, TO BE REASONABLY NECESSARY IN ORDER TO PREVENT HARM TO OTHER USERS OF THE SYSTEM OR TO FAIR OUTCOMES, INC., AND SUCH STEPS SHALL NOT BE DEEMED TO CONSTITUTE A VIOLATION OF THE PROVISIONS OF THIS PRIVACY STATEMENT.

X. Contact Information

If you have any questions or concerns with respect to our Privacy Policy, please feel free to contact us at info@fairoutcomes.com.


Copyright 2005-2013 Fair Outcomes, Inc. All Rights Reserved. U.S. Patent No. 7,707,118.
Any unauthorized use or copying of the methods and processes described or utilized on this website is strictly prohibited.

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