This statement discloses the privacy policies and practices for Fair Outcomes, Inc. ("we" or "us") and the security precautions designed to protect persons and entities that utilize the Fair Reputations system (the "System") embodied in this website (the "Site" or "Website").
There are two basic types of information provided to us by users of the 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, data describing the transaction with respect to which the System is being used, data defining a deadline set by the First Party, and data defining an amount of money, as referred to within the "Term Sheet" (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 agreeing to settle the case for the amount of money specified by the First Party if that amount is greater than or equal to an amount of money specified by the Second Party (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 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.
There are three basics types of information provided to us by First Parties during the course of their interactions with the System.
(1) Data consisting of personal and contact information for the involved parties;
(2) Data describing the transaction that is the subject of the use of the System and setting a deadline with respect to the use of the System; and
(3) Data defining an amount of money ("X") as referred to in the Term Sheet.
(B) Personal and Contact Information, and Information Describing the Transaction and Setting a Deadline.
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 System, a First Party must fill out a Registration Form providing contact information for both parties (such as name, address, and e-mail addresses) and, in most instances, billing information (such as a credit card number and 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 five 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 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 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 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 the 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 the First Party activates an invitation via our "Activate Your Invitation" page, to carry out our obligations and exercise our rights with respect to that invitation. For example, a First Party needs to provide us with contact information concerning the Second Party so that we can, in the event that the First Party activates an invitation, send a password to the Second Party for use on the 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 invitation is activated, within sixty days of the date upon which the deadline 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 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, and the reason that we request data describing the underlying transaction that is the subject of the System's use, and data setting a deadline, is so that we can insert accurate information into the Term Sheet with respect to any given use of the System.
(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 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 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 Specifying an Amount of Money ("X") as Referred to within the Term Sheet..
Parties who use the System as a First Party will, as part of that process, enter data specifying an amount of money ("X") as referred to within the Term Sheet. We will not disclose that information or use it for any purpose except as expressly provided for within the Term Sheet.
In the event that we are provided with such information via data entered into the System during a log-in session that takes place prior to the activation of an invitation and the First Party does not activate an invitation within sixty (60) days of the date upon which that data was entered, then, to the extent that it has not already been deleted from our System and destroyed, we will delete and destroy that information. In the event that an invitation is activated but the prerequisites for a disclosure of that information, as set forth in the Term Sheet, are not met, 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, we will delete and destroy our records concerning that information.
Data presented to us by a Second Party shall be used only in the manner, and for the purposes set forth, in the Term Sheet. 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 by us that (a) the matter has been settled or (b) the Second Party has elected to proceed to arbitration, in which event we shall disclose that data only to the arbitrator, and under the condition that the arbitrator will not disclose that information to anyone unless the Second Party prevails in that arbitration, as described in the Term Sheet.
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 Term Sheet, 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.
VI. Privacy Issues Relating to Links to other Websites that Appear on our 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 System protects such data and information by placing it on a secure portion of our Website. That is why Users of the System have to enter a unique Username and Password each time they access their information. Your Password should never be shared with anyone.
We 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 a page that only be accessed with a proper Username 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 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 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.
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 THE SYSTEM OR OF THIS WEBSITE THAT IS UNLAWFUL OR IN MATERIAL BREACH OF AN UNDERTAKING MADE TO FAIR OUTCOMES, INC., 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