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 Proposals system (the "System") embodied in this website (the "Site" or "Website").
There are two basic types of information provided to us and/or entered into the System by users of the System:
(A) Data provided 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 claim 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 provided 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 equal to more favorable to the Second Party than an amount of money specified by the Second Party (see section III).
Our privacy policies and practices with respect to information and/or data that is entered into the System, and with respect to any information that may be provided to us by First Parties or Second Parties using the System, 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." In instances where information and/or data is entered into the System by a User and is, consistent with the System’s design, intentionally made inaccessible to us as the administrators of the System unless and until certain conditions are met, this is noted below by reference to us as the “administrators of the System.” These policies and practices apply at all times, and under all circumstances.
(A) Introduction:
There are three basics types of information provided 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 claim 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 is requested, collected, stored and used by the System consists of information that Users provide voluntarily in the course of using the System. That information is only used for the purposes stated within the request or within this Privacy Statement. For example, in order to use the System, a First Party must provide (via the System's "Prepare Term Sheet" page) contact information for both parties (such as name, address, and e-mail addresses) and (via the System's "Activate Your Invitation" page) 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 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 us 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 contact becomes necessary and appropriate and, in the event that the First Party activates an invitation via the System's "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 contact information concerning the Second Party so that we can, in the event that the First Party activates an invitation, send log-in information to the Second Party for use on the System. By way of further example, 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 claim 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 a settlement amount (an amount of money referred to within the Term Sheet as "X"). The System and Fair Outcomes, Inc. treat that data as strictly confidential.
The First Party specifies the settlement amount by entering a number corresponding to an amount of money on a “Define Settlement Amount” page that is generated by the System for the exclusive use of the First Party. The First Party may delete or change that number at any time unless and until the First Party elects to activate the invitation via the System’s “Activate Your Invitation” page. In the event that the First Party enters that number on the Define Settlement Amount page during a given log-in session but then logs out of that session prior to activating the invitation, the System will delete that number and, if the First Party subsequently logs back in and seeks to activate the invitation, the First Party will be directed back to the Define Settlement Amount page to re-enter such data.
As a result of the manner in which the System is designed, the administrators of the System (i.e., our principals, agents, and employees) do not, in the ordinary course of our business, have any interest in or need to learn of the settlement amount specified by the First Party via the System. Accordingly, the System does not disclose that amount to the administrators of the System as part of its operations. Our Privacy Policy with respect to settlement amount data entered by a First Party is expressly set forth on the Define Settlement Amount page, which includes the following explicit representation to the First Party: “If you click to enter and confirm the data that you entered on this page and then activate the invitation, that settlement amount data will be held as escrow by the System and will not be disclosed by the System to anyone else (including the administrators of the System) unless the claim settles for that amount via the System by the deadline. In that event the settlement amount you specified will appear on a Certificate of Settlement that the System will provide, in non-editable PDF format, to you and to the Second Party at that time (a copy of that Certificate will not be provided by the System to anyone else, including the administrators of the System). If the claim does not settle via the System by the deadline then, if you log into the System as of the deadline or within ten (10) calendar days thereafter, the System will provide you with an opportunity to access, download and/or delete a non-editable PDF copy of a Certificate attesting to the manner in which you used the System and the results of that use, upon which the settlement amount that you specified will appear. The System will not provide that Certificate or disclose the settlement amount appearing thereon to anyone else (including the administrators of the System) and will – in the event that it has not already been deleted – delete it ten (10) calendar days after the deadline in the ordinary course of the System’s operations. (The System does not monitor or track whether First Parties access, download and/or delete such Certificates.)”
Data provided to the System by a Second Party shall be used only in the manner, and for the purposes set forth, in the Term Sheet. The System will not disclose any data presented by a Second Party to the System to the First Party or to anyone else (including the administrators of the System), or disclose the fact that any such presentation was made, unless the presentation in question results in a determination by the System that the claim has been settled as described in the Term Sheet.
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.
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 System consistent with Section VIII below.
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.
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 on-line 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 can only be accessed with a proper Username and Password, the lock icon on the bottom of certain Web browsers, such as 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 a 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.
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 System are aware of what information and data the 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.
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., 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.
If you have any questions or concerns with respect to our Privacy Policy, please feel free to contact us at info@fairoutcomes.com.
Last Updated: January 1, 2018