Privacy Policy

Terms of Service and Privacy Policy for CIVILMEDIATION.COM
(including associated online services)

On this web page you can find:

1. Terms of Service for the use of CIVIL MEDIATION’s online services available through: the CIVIL MEDIATION website at www.civilmediation.com , and other related websites or online services operated by CIVIL MEDIATION (“Online Services”).
2. CIVIL MEDIATION’s Privacy Policy, including CIVIL MEDIATION’s California Resident Privacy Notice and Contact Information to reach us with a privacy related request.

The terms “Us,” “Our,” and “We” in these materials refer to Civil Mediation Inc., Kendrick Jan, APC, and Stewardship Ministries, Inc. (together “CIVIL MEDIATION”), and its/his/their employees, agents, and affiliated service providers.  The terms “You,” “Your,” and “User” refer to you as an individual and the organization or entity you represent in using our Online Services.

Terms of Service

Limited and Conditional License

We give you permission to use our Online Services if you agree to the following Terms of Service.  Our Online Services are intended for attorneys, claims management personnel, legal industry professionals, and church pastors, administrators, board members, representatives, and members seeking to participate in cases administered by CIVIL MEDIATION.  Our Online Services may be used to engage and interact with CIVIL MEDIATION and its neutrals, only.  Use of our Online Services is limited to persons eighteen years of age or older.

We may periodically update, change, or modify our Online Services.  CIVIL MEDIATION may also update, modify, or change these Terms of Service at any time by posting a new version on its website.  If CIVIL MEDIATION 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.

Content 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 CIVIL MEDIATION.

We agree that information you provide through our Online Services is not part of Our Content and is not our intellectual property.  It is agreed, however, that We may store information you provide to us in our secure databases and use it in operation of our systems and facilitate Our provision of services to You.

You and CIVIL MEDIATION 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 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 CIVIL MEDIATION to use and store your submitted information. We will use your submitted information solely for legitimate business and commercial purposes, including to facilitate CIVIL MEDIATION services provided to you and to independently contact you regarding CIVIL MEDIATION services and programs.

When creating an account, You agree to submit information that is true and accurate to the best of Your knowledge, including when You purport to represent another individual or entity.  Should there be any change in Your information, You are responsible for updating Your account profile.  CIVIL MEDIATION takes seriously its obligation to protect the privacy of those who participate with CIVIL MEDIATION in the resolution of legal and other conflict; if Your account information is not true or is incorrectly associated a participating entity, Your account(s) may be immediately terminated by CIVIL MEDIATION. 

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.  CIVIL MEDIATION 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 CIVIL MEDIATION 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 CIVIL MEDIATION, its employees, clients, neutrals affiliated with CIVIL MEDIATION, 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 illegal or unintended way.  Such activities may be criminal and will be reported to the authorities.

CIVIL MEDIATION may access Your account information to optimize or improve the operation of Our services or to assist in assist You with account access or other customer service needs.  CIVIL MEDIATION 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 terminate Your account.

Online Services Do Not Constitute Legal Advice

CIVIL MEDIATION is not engaged in the practice of law and does not provide legal advice.  Information available through CIVIL MEDIATION’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.

CIVIL MEDIATION Privacy Policy

Introduction

CIVIL MEDIATION (“CIVIL MEDIATION,” “we,” “our,” and/or “us”) is a provider of civil and church mediation services.  This Privacy Policy (the “Policy”) explains how CIVIL MEDIATION collects, uses, shares, and otherwise processes the personal information we collect about consumers.  This Policy details what information we collect, how we use it, and the choices and rights you have regarding its use.  Our aim is to give you the necessary insights to make informed decisions about your interactions with us, including online.  By using our Services (defined below) and providing your personal information to us, you give us permission to process your personal information as described in this Policy.  If you do not agree with the data collection practices described in this Policy, do not access or use our Services.

Scope of This Policy

This Policy describes the various contexts and circumstances in which we collect personal information, including through our “Services”. These Services include:

• Digital Interactions: This encompasses your online engagements with us, which may occur through our online services, including:
  
  • Our Websites: Any that link to this Policy, such as www.civilmediation.com.
  • Social Media and Affiliates: Interactions on our social media pages.
  • Customer Services: Including communications with our service representatives via email, text, or phone.
  • Offline Interactions: Personal information you provide during your visit to any of our physical locations.

This Policy does not apply to the extent we process personal information in the role of a processor or service provider on behalf of those who engage our mediation services, including where we offer our dispute resolution services.  For example, clients may send us briefs, motions, exhibits, or other documents that we then make available to a Neutral in a case, or, in other contexts, our clients may similarly collect, use, share, or instruct us to process information, including personal information, on their behalf.  For detailed privacy information related to a CIVIL MEDIATION client who uses the CIVIL MEDIATION’s services as a dissemination source, please contact that client directly.  We are not responsible for the privacy or data security practices of our clients, which may differ from those explained in this Policy.

For questions regarding the scope of this Policy, please contact us as set forth in the Contact Information section.

How We Obtain Information

We collect personal information when you (or an opposing party) provide it directly to us, such as when you provide information online or in person, submit forms, provide payment information, or otherwise provide us with information via phone, email, or online communications.  The information collected online may be entered into our systems and combined with other information we collect about you directly or from third parties.  We may also share this data with our service providers, Neutrals, and others.  Please see below for more information about how we share your personal information.

Information Collected and How We Use It

We collect and use personal information for several purposes, including to provide our Services and continually improve them.

This section provides an overview of the types of personal information we may collect about you and the general purposes for which they are used in particular contexts. Please note that the actual information collected, and its use, may vary depending on your interactions with us and the Services you use.

Personal information We Collect Directly From You Online or In Person

This section describes the personal information we collect about you when you provide it directly to us through our online Services, or in person at one of our physical locations.

What We Collect or Process

• Contact Information (Identifiers): We collect your name, email address, telephone number, physical address, and any other personal identifier you provide, including in a form or online communication.
• Case Information: As part of our case intake process, whether online or offline, we collect information about the submitting, opposing, and affiliated parties, including name, email address, firm name, phone number, role in the case, and represented party. The information is collected and used to provide our Services, including to perform statutorily required conflict checks.
• Professional Information: We collect information such as your employer, title, work history, education history, professional certifications, disciplinary measures, state bar numbers for licensed attorneys, and similar information.
• Submitted Content: If you upload, submit, or transmit documents or content to us using our Services, we will collect any personal information contained within that content.  We ask that you ensure and respect the privacy of any individuals whose personal information may be in the content you transmit to us.
• Payment Information: This information includes credit or debit card numbers, ACH and other banking information, or other relevant billing information.
• Commercial Activity: We keep track of the Services you have requested, used, or considered.

How We Use It

• To Communicate With You:  We will use your personal information to facilitate our communications with you.  For example, we will use your email address to respond to your email requests.  The length of time we maintain your contact information and your communications varies depending on the context.
• Service Fulfillment:  We use your personal information in connection with our Services, performance of conflict checks, billing and payment processing, and customer service concerns.
• Business Operations:  We use personal information to perform business operations, such as document management and record keeping, training and development, strategic decision making, auditing and compliance, and maintaining the security and integrity of our Services and offline operations, including protection against fraudulent or illegal activities. 
• Additional Uses Described: In any other way we may describe when you provide the information or any other purposes for which you provide your consent.

Personal information Collected Using Online Data Collecting Tools

We collect personal information in connection with electronic communication services like email and electronic messaging, and our social media pages.  When a third-party is engaged to collect and/or interpret date for us, your personal information is made available to other entities for processing on our behalf or at our direction.

What We Collect or Process Using Data Collecting Technologies

• Electronic Communication Records: We collect records related to your electronic communications with us, including email records, call records and recordings/logs, and other electronic messages and communications.

How We Use It

• To Provide Our Services in a safe and secure manner, such as to present our website and its content to you, to communicate with you about changes to our Services, to validate your identity as necessary to ensure the security of our services and systems, and to maintain and improve the security and performance of our Services.
• Communications and Support, such as to review and respond to your requests or inquiries, provide updates, notices, and requested communications, send you important transactional information, request feedback, or as necessary to fulfill our obligations to you.
• For Our Legitimate Business Operations, such as to make strategic decisions concerning our business operations, enforce, and review compliance with, the legal terms that govern our offerings, comply with our legal obligations, protect the rights, safety, and property of the Services and our users.
• To Send You Promotional Materials, such as updates, newsletters, surveys, or other information regarding events and/or other CIVIL MEDIATION services that may be of interest to you based upon information you have provided to us. Promotional materials may be conveyed in emails, by U.S. postal service, or via SMS/text message.
• With Your Consent: We use information about you where you have given us consent to do so for a specific purpose not listed above.

Third Parties Who Provide Data Collecting Services

• Functionality Providers: Third parties assist us in providing various online functionality, such as our accessibility tools.
• Web Hosting Providers: Our website hosting and infrastructure providers will receive personal information about your device, including your IP address, device, and browser information, as well as your activity on our websites, in order to provide the hosting services.
• Video Player Providers: We use third-party service providers for digital media and video content integration into our Services (e.g., Zoom, Teams, etc.).  These providers may collect and process certain information regarding your browser or device, the content viewed, and your interactions with the content or Services to deliver the video player integration experience.

Data Collected from Other Parties

We obtain information from publicly available and private databases, including court systems or state bar databases, as well as businesses that help us provide our Services, such as data analytics providers, marketing service providers, fraud prevention service providers, vendors that provide services on our behalf, and publicly available sources.  We also create information based on our analysis of the information we have collected from you.  We use this information for our business operations purposes, including offering and improving our services, providing customer support, accounting purposes, and to enforce our terms and policies.  Please see “Disclosure of Your Personal information” to learn more about how we process personal information via our business services providers.

Other Purposes for Processing Personal information

• Audits Involving External Entities: Sharing data with external organizations, including those we collaborate with or those that evaluate our business operations, to ensure compliance with industry standards, certifications, or legal obligations.
• Legal Obligations: Fulfilling legal obligations such as responding to subpoenas, court orders, or other binding government requests.  In the rare event of litigation involving CIVIL MEDIATION, we may use your data to establish, exercise, or defend legal claims.
• Reorganization: In the event of a business transaction such as a sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, your personal information may be shared or transferred.  This also includes any subsequent integration activities post-transaction.
• Business Transfers: In the event of a divestiture, investment, or other asset transfer that is not part of a broader business transaction like a merger or acquisition, your personal information may be shared or transferred.
• With Your Consent: We use information about you where you have given us consent to do so for a specific purpose not listed above.

Disclosure of Your Personal information

• Neutrals: We may disclose personal information to your assigned Neutral in a case in order to facilitate mediation/dispute resolution services. Please note that your information will only be provided to a Neutral if they have been requested or assigned to your case.
• Law Firms and Other Third Parties:  We may disclose personal information to law firms or other third parties involved in a case as directed by our clients who engage us to provide mediation and dispute resolution services.
• Business Services Providers:  These are persons or entities with whom we have a relationship to provide business operations services and support to CIVIL MEDIATION. These service providers may include the following:
  
  • IT Operations Providers:  These include cloud computing service providers, internet service providers, data backup and security providers, functionality and infrastructure providers, and similar service providers.
  • Business Operations Providers:  These include service providers with whom we partner to provide day-to-day business operations, including payment processors, security vendors, business software service providers, banks, facilities management providers and similar entities.
  • Professional Service Providers:  These include lawyers, accountants, consultants, security professionals, and other similar parties when disclosure is reasonably necessary to comply with our legal and contractual obligations, prevent or respond to fraud or abuse, defend ourselves against attacks, or protect the rights, property, and safety of us, our clients, and the public.
  • Law Enforcement/Government Agencies:  Persons to whom we are required by law to provide information, such as pursuant to a subpoena or a court order.
  • Corporate Transaction Disclosures:  Persons involved in the consideration, negotiation, completion of a business transaction, including the sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, and any subsequent integration.
  • Authorized Disclosures:  To any party when authorized by the individual to whom it pertains to share it.

Data Retention

We retain your personal information as long as needed to fulfill the purposes for which it was collected, including satisfying legal, accounting, or reporting requirements, and in accordance with our data retention policy.  To determine the appropriate retention period for personal information, we consider (i) the amount, nature, and sensitivity of the personal information; (ii) the potential risk of harm from unauthorized use or disclosure of your personal information; (iii) the purposes for which we process your personal information and whether we can achieve those purposes through other means; and (iv) the applicable legal requirements related to our processing activities.  Additionally, we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you and without obtaining additional consent.  If you have any questions about the specific retention periods for different types of your personal information, please feel free to contact us using the Contact Information provided below.

Your Privacy Choices

You can control the collection and use of personal information for some of our processing activities. Below are the avenues through which you can manage the types of communications you receive from us:

• Email: To opt out of promotional emails, you may follow the “unsubscribe” instructions located at the bottom of each email.  Alternatively, you may contact us directly using the information provided in the Contact Information section. Please be advised that opting out of promotional communications will not preclude you from receiving transactional emails, such as those related to requested services.
• Text Messages: To discontinue receiving automated text notifications, simply reply “STOP” to any of our messages, or use any alternative opt-out keyword we may have provided.
• Mail Promotions: Should you wish to be removed from our mailing list for physical promotions and solicitations, please send a written request to our customer service department using the address provided in the Contact Information section of this Policy. Ensure your full name and mailing address are included in your correspondence.

Your Privacy Rights

Depending on your location and applicable laws and regulations, you may also have data privacy rights regarding CIVIL MEDIATION’s processing of your personal information.  Based on the legal requirements applicable to your jurisdiction, and subject to any legal restrictions or exceptions, you may have the choices and rights described below.

Description of Your Privacy Rights

• Right to Access: You may request access to the personal information we hold about you.   This may include the right to be informed about the categories and specific pieces of personal information we have collected, the sources from which we collected it, the purposes for collecting it, and the third parties with whom we have shared it.
• Right to Correct:  You may request that we correct any inaccurate personal information relating to you without undue delay.  In this context, taking into account the purposes of the processing, you may also have the right to request the completion of incomplete personal information.
• Right to Delete:  You may request the deletion of your personal information, subject to certain exceptions.  In certain circumstances, it may not be possible for us to accept your request, for example, when the processing is necessary to comply with a legal obligation, or if the processing is necessary for the performance of a contract.
• Right to Portability:  You may request that we provide you with a copy of your personal information in a structured, commonly used, and machine-readable format.  You also have the right to request that we transfer this information to another data controller, where technically feasible.
• Right to Opt Out of Sale:  CIVIL MEDIATION does not sell personal information as such term is defined under applicable privacy laws. Therefore, we do not offer such a right.
• Right to Opt Out of Targeted Advertising:  CIVIL MEDIATION does not process personal information for targeted advertising purposes. Therefore, we do not offer such a right.
• Right to Restriction of Processing:  You may request that we restrict processing of your personal information.  In certain circumstances, it may not be possible for us to accept your request, for example, when the processing is necessary to comply with a legal obligation, or if we can demonstrate compelling legitimate grounds otherwise.
• Right to Opt Out of Certain Data Processing: You may withdraw your consent that you have previously provided for CIVIL MEDIATION’s collection, use, or disclosure of your personal information, subject to reasonable notice and any contractual or legal exceptions.  Note that this will not affect the lawfulness of our processing of your personal information based on consent before its withdrawal.
• Right to Opt Out of Automated Individual Decision-Making:  CIVIL MEDIATION does not process personal information for purposes of automated decision-making. Therefore, we do not offer such a right.
• Right Against Discrimination: You have the right not to be discriminated against for exercising any of your data protection rights.  This means that we will not deny you goods or services, charge you different prices or rates, or provide you with a different level or quality of goods or services based solely on your exercise of these rights.
• Right to Appeal: Depending on your residency, you may have the right to appeal if we decline to act regarding your privacy request. To do so, please follow the instructions for exercising your privacy rights below or use the contact information provided in this Policy.

Children’s Privacy

Our Services are not directed to children under 18 (or other age as required by local law), and we do not knowingly collect personal information from children.  If you are a parent or guardian and believe that your child has provided us with personal information, please use our Contact Information. If we become aware that we have collected personal information from a child, we will take steps to promptly delete such information.

Updates to This Privacy Policy

We reserve the right to modify this Policy at any time to reflect changes in our practices, services, or legal obligations.  Any modifications will be effective upon the date specified in the updated Policy.  If we make material changes to this Policy that significantly affect your rights or the way we use your personal information, we will notify you through the most appropriate channels.  Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

California Privacy Rights

This section is tailored to meet the specific requirements imposed by California law. While this section outlines state-specific rights for California residents, the preceding sections of this Policy also apply to them.

Additional Notice to California Residents

California law requires us to disclose the following additional information with respect to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of the Policy.

Category	Examples	Collected	Disclosed for a Business Purpose	Shared for Cross-Context Behavioral Advertising
Identifiers	A real name, alias, postal address, unique personal identifier (e.g., employee ID), online identifier, Internet Protocol address, email address, driver’s license number, passport number or other similar identifiers.	✓	✓
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))	A name, signature, Social Security number, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	✓	✓
Protected classification characteristics under California or federal law	Age (40 years or older), citizenship, marital status.
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	✓	✓
Biometric information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Internet or other similar network activity	Browsing history, information on a consumer’s interaction with a website, application, or advertisement.
Geolocation data	Physical location or movement.
Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information.
Professional or employment-related information	Current or past job history or performance evaluations.	✓	✓
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	✓	✓
Sensitive Information	Government identifiers (social security, driver’s license, state identification card, or passport number); complete account access credentials (usernames, account numbers, or card numbers combined with required access/security code or password); precise geolocation; racial or ethnic origin; mail, email, or text message contents; genetic data; data concerning health, sex life or sexual orientation.	✓	✓

For a comprehensive understanding of the types of personal information we collect, the sources from which we collect it, and the purposes for which we use it, please refer to the “Information Collected and How We Use It” section of this Policy.

California-specific Privacy Rights

• Right to Know: You can request, up to two times each year, that we disclose the categories and/or specific pieces of personal information that we collect, use, and disclose, the sources from which we collected it, the purposes for collecting or disclosing it, and the categories of third parties to whom we have disclosed it.
• Right to Correction of Personal Information: You have the right to have inaccurate personal information corrected.
• Right to Deletion of Personal Information: You can ask us to delete the personal information that we have collected from you, subject to certain exceptions such as to complete a transaction for you, to exercise our rights, or to comply with a legal obligation.
• Right to Opt out of Sales of Personal Information: You have the right opt out of the sale of your personal information to third parties. In the preceding twelve (12) months, CIVIL MEDIATION does not sell personal information as this term is defined in the CCPA. Therefore, we do not offer such a right.
• Right to Opt Out of Sharing of Personal Information: The CCPA defines “sharing” as disclosing or making a consumer’s personal information available to a third party for cross-context behavioral advertising. In the preceding twelve (12) months, CIVIL MEDIATION does not shared personal information with third-party advertisers to tailor ads to consumers’ interests. Therefore, we do not offer such a right.
• Right to Limit Use and Disclosure of Sensitive Personal Information: You have the right to direct us to limit our use of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer. CIVIL MEDIATION does not use sensitive personal information beyond the CCPA’s permissible purposes.
• Right against Discrimination: You are entitled to exercise the rights described above free from retaliation as prohibited by the CCPA.
• Right to Appeal: If we deny your request to exercise a right, you have the right to appeal our decision.

Contact Information

• Email: anne@jan-law.com
• Mail: CIVIL MEDIATION – ATTN: Privacy, 225 Broadway, Suite 2220, San Diego, CA  92101