Privacy Policy

Introduction: Our Promise to Respect Your Privacy and Privacy Choices

When you visit us at Peter Kamminga – Professor, contract expert and mediator – your privacy comes first. Through Dr. Peter Kamminga as an internationally renowned dispute resolution specialist, our mediator team works hard to protect the privacy and confidentiality of all individuals or organisations who contact us, access our website or have any kind of communication with us. This Privacy Policy outlines how we collect, use, protect and otherwise manage your personal information under relevant data protection legislation in the United States, in the European Union and other territories where we operate. Whether you are a corporate client, a legal firm, government department, university or other academic institution, an individual or other organisation seeking specialist mediation or consultancy services, you can rest assured that we will handle your information with complete integrity and confidentiality.

This Privacy Policy Applies to All of Us

The Privacy Policy covers all information received by Dr. Peter Kamminga in connection with our website (https://peter-kamminga.com/), email correspondence ([email protected]), phone correspondence ((737) 774-5189) and in the course of providing our services generally, including during the course of the mediation services, arbitration services, consulting, academic engagements and any other related matters. It sets out how your information is received, the use to which it is put, protection of such information and your rights in respect of such information. If you use our website or otherwise interact with us, you agree to the Policy.

Who We Are: Our Principles and Our Privacy Practices

Dr. Peter Kamminga is an internationally acclaimed mediator, arbitrator, professor and dispute resolution specialist with nearly twenty years’ experience. As trusted advisors to Fortune 500/1000 firms, leading law firms, government agencies, universities, and others, we understand the vital need for confidentiality and privacy across everything we do. Our privacy practices are influenced by professional ethics and legal obligations as well as our commitment to building trusted relationships with our clientele and website visitors. We never risk your privacy and frequently reassess processes to ensure the utmost respect for your privacy.

Information We Obtain

• Identification data such as, but not limited to, name(s), title(s), organization, email address, cell number, postal mail address, and/or other contact details you provide us through the website form, email, telephone or otherwise.
• Professional and engagement related information concerning the nature and purpose of your dispute or consulting matter or need, including contract data, parties we serve (or intend to serve), documents and information relevant thereto, and other information needed to fulfill our mandate.
• Interactive website data log generated by your visit(s) to the website (e.g., IP address[es], browser type, machine type and/or operating system information, referral source, pages visited and time of access) through cookies and web analytics such as Google Analytics.
• Record of correspondence with the firm such as emails, phone notes and documents relating to service engagements or queries.
• Academic, publication and events participation data provided in forms used to register for events, lectures or subscribe to publications, if any, including blogs and alert services.
• Payment and billing information (as necessary to receipt payments for services rendered). That is, invoice info relevant to billing matters – we do not hold credit card numbers or bank account numbers for payment purposes (all payment processing handled via third party payment service provider(s)).

Ways in Which We Gather Information

• Directly from you: When you complete a contact form, send us an email, call our office, or otherwise engage us.
• Through your activities on our website: When you browse https://peter-kamminga.com/, cookies and analytics tools provided by third parties keep track of information about usage of our website.
• From third party sources: Occasionally we may receive personal information (always with proper consent and confidentiality safeguards) from referring law firms, organizations or others as part of a service engagement.
• Event and publication registration: We collect the information necessary to facilitate your registration for an event, or to process your publication and communicate with you about it.

Why and How We Use Your Information

• Provision of Services: To arrange mediation, arbitration, consulting, teaching and related services in accordance with your requirements.
• Communication: To answer requests for information, set meetings, provide responses, and maintain communication during the provision of those services.
• Case Management: Assessing, preparing and managing dispute resolution or consulting matters and always subject to strict confidentiality provisions.
• Accounting and Administration: To generate invoices, payments and manage accounts and to comply with accounting records provisions.
• Website Usage Improvement: To assess website usage and better our website content, user experience and security.
• Academic and Event Participation: To register participation in lectures, seminars, publications and research projects.
• Legal and Regulatory Compliance: To fulfil the requirements of relevant laws, regulations, applicable codes of conduct and rules of relevant professional bodies.

We do not use your personal data for unsolicited marketing purposes or other advertising.

Lawful Bases for Personal Information Processing

• It is necessary for the performance of our contract with you – to provide our services
• Legitimate interests – to run our business and services, communicate with clients and provide and improve our services
• Consent – as required, we seek your explicit consent to process certain types of data (i.e., when subscribing to a newsletter)
• Legal compliance – to meet applicable legal, professional and ethical obligations applicable to dispute resolution professionals
• Vital interests – in certain, rare instances, to protect your vital interests or those of others

How We Safeguard the Information We Collect

• Data Security: Case files, correspondence, client information, and other records of any sort are kept on secure, encrypted data systems with appropriate access controls.
• Confidentiality: Confidentiality obligations under state law and the rules of professional conduct, and the professional code of ethics apply to all staff and contractors with access to your information. Affiliated professionals such as expert witnesses and investigators have the same obligations through strict contractual agreements.
• Access Controls: Only authorized agents or personnel have access to your personal information. Access to such information is strictly limited to a need-to-know basis.
• Data minimization: Your personal information is used and disclosed as necessary to fulfill the purposes described in the Privacy Statement. We also do not keep your personal information longer than your case remains open. After a case closes, we comply with our obligations under state professional standards and law in retaining electronic files for approximately five years.
• Secure Communications: Email, file sharing, document storage or exchanges are secured with industry standard encryption or appropriate security controls.
• Staff Education: Professional staff receive regular continuing education and training on data privacy rights, cybersecurity, risk management or the law & ethics relevant to the changes in best practices.

Nothing we do will eliminate risk entirely. If there is an information breach involving your personal data, you will be notified, as mandated by law.

Special Rules in Dispute Resolution and Consulting Engagements

Confidentiality is fundamental to our mediation, arbitration and consulting services. We understand that information you share with Dr. Peter Kamminga in the course of relationship or dispute resolution will be treated confidentially and discreetly. We follow the ethical practices of leading professional organizations such as JAMS, the American Bar Association and the International Mediation Institute. Confidential information is never shared with third parties without appropriate permissions or in compliance with a legal requirement (e.g. subpoena). At any time, clients can request written assurances related to the confidentiality of sensitive information.

Use and Disclosure of Information

• Service delivery – In the event you work with trusted representatives, co-mediators, or experts on a matter, information may be shared, but only in connection to that particular matter and always as part of a strict confidential arrangement.
• Law and legal proceeding – Information may be shared when necessary or permitted by law, regulation, or valid legal process (e.g., a valid subpoena, warrant, or court order).
• Payment processing – With leading third-party credit card payment processors, information may be shared only for billing and payment purposes.
• Co-hosted events/publications or other similar arrangements – when you register for events we co-host with other organizations, or are listed in our joint publications with other organizations, very limited information is shared to enable you to participate in such events and access materials – and even this is done with your cooperation and express permission.

We require that all third-party service providers adhere to high data protection standards and expressly prohibit them from using such information for any other purpose. We do not sell or rent your personal or business information to third parties for marketing or commercial purposes.

Transferring Data Internationally

Your information, in view of the international nature of our practice, may be transferred to, stored and/or processed outside your home jurisdiction by designated recipients, including the United States and the EU. In any case, we take all possible measures (including the application of Standard Contractual Clauses, data processing agreements, etc.), in compliance with applicable cross-border data transfer laws, to ensure the protection of your data. If you have questions specific to international transfers or need further assurances, please contact us directly.

Purging Personal Information

We store personal and case specific data only for as long as is necessary to fulfil the purposes described in this policy, or required by a specific legal or regulatory obligation, or for protecting our legitimate interests. Different regulatory requirements impose different periods for retentions of particular types of information or material. For instance:

• Mediation and arbitration information is generally retained for the life of the case plus a specified time thereafter in accordance with professional and statutory guidelines.
• Correspondence and communications not involving current matters are routinely deleted (as appropriate) or anonymized after a reasonable period.
• Academic publications / records may be kept for archival purposes, research and/or reporting, subject to prior consent, ethical approval etc.

Necessary measures are in place to ensure that records that have reached the end of their retention period will be safely deleted, anonymized or archived as appropriate and in accordance with industry practice.

Your Information Choices and Rights

Depending on where you are based and applicable law, you may have the following rights in relation to your personal information:

• Access (i.e., the right to receive a copy of the information we hold about you);
• Correction (i.e., the right to request correction of any inaccurate or incomplete personal information);
• Deletion (i.e., the right to request deletion of your personal information subject to valid legal and contractual obligations), subject to our obligation to retain compliance with contractual requirements and/or across applicable jurisdictions;
• Restriction (i.e., the right to request that we restrict processing of your personal information);
• Objection (i.e., the right to object in certain circumstances to some types of processing, including direct marketing (for which we do not process your personal information));
• Data portability (i.e., the right to receive a copy of your personal information and/or request us to transmit such data to another provider in a structured, commonly used, machine-readable format); and
• Withdrawal of consent (i.e., if our processing is based on your consent, you may withdraw it at any time without affecting the lawfulness of processing prior to withdrawal).

In order to exercise any of these rights please contact us at: [email protected] or 737-774-5189. Requests are processed per applicable laws. We reserve the right to seek verification of such requests before fulfilling them.

Children Under 13

This site and our services are not designed for children under 18 so we do not knowingly collect personal information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us and we will take steps to remove such information and delete it in a secure manner.

Cookies and Other Analytics Tools

We utilize cookies and analytical tools in order to optimize your experience on https://peter-kamminga.com/. Cookies are small text files located on your computer’s hard drive. They assist us in analyzing how visitors use and navigate our website, update content, and maintain security. In particular, we issue:

• Functional Cookies: Required for our site to function properly.
• Performance/Analytical cookies: For the purpose of gathering anonymized data on how our site is used, traffic sources, and visitor activities (Google Analytics).

Cookie preferences can be controlled through your browser settings, and you may disable non-essential cookies at any time. Restriction on cookies will potentially impact how some sites work. We do not use cookies for advertising or profiling. For more information, see our Cookie Policy.

Links to Third-Party Websites and Applications

Please note that our website may link to third party websites, services or entities (like JAMS, VU Amsterdam, or Harvard Law School). We provide those links purely for your reference and convenience. If you follow a link to a third party website, we do not control, and are not responsible for the privacy practices or content of the third-party site. We encourage you to review the privacy policies posted on any third-party website prior to providing them any personal information.

Information Security and Breach Response

We use technology safeguards like the latest in security software to help safeguard your information from unauthorized access, disclosure, destruction, and alteration. Examples of the safeguards we use include regularly applied system scans, firewall technology, intrusion detection, secure server backup, and incident response. If a data compromise were to occur which affects your personally identifiable information, we will notify you and appropriate officials in accordance with applicable law, provide instructions about any protective actions you should take, and develop corrective action steps to reduce harm.

Professional Responsibilities and Compliance

As a member of professional associations and as neutral for JAMS, Dr. Peter Kamminga abides by strict codes of ethics and conduct standards. Our privacy practices comply with the American Bar Association Model Rules, European General Data Protection Regulation (GDPR), and other relevant norms. In addition, we cooperate with regulators and dispute resolution authorities for legal requirements.

Changes to This Privacy Policy

We regularly evaluate and improve this Privacy Policy in order to account for changes in our practices, the law and technology. The effective date of this Privacy Policy is set forth below. You should check this page frequently in order to make sure you are familiar with how we protect your information. Where we make significant changes to this Privacy Policy, we will notify you either through our website or otherwise as appropriate.

Effective Date – June 1, 2024

Contact Us

Should you have any questions, concerns, or request relating to this Privacy Policy or our privacy practices, please contact Dr. Peter Kamminga directly at:

1100 W 38th St Ste 71, Austin TX 78731
737-774-5189
[email protected]
https://peter-kamminga.com/

We are committed to resolving concerns relating to privacy issues quickly and transparently. For more ways to get in touch, see our Contact Dr. Kamminga page.

Your Consents and Acknowledgments

Your use of our website, services, or communications to us indicates that you have read this Privacy Policy and accept the practices contained in it. If you do not accept the practices set forth in this Privacy Policy, please do not use our website or our services or provide us with your personal information. Your use of our website is acceptance to this Privacy Policy and any updates to it.

Dispute Resolution and Grievances

If you think that your privacy rights have been breached or are concerned about the way in which we handle data, please let us know as quickly as possible on [email protected] and we will look into it and respond to you according to our professional, regulatory and legal obligations. If you are not satisfied with the outcome, you may also have a right to lodge a complaint with an appropriate data protection authority or professional body in your jurisdiction.

Other information which any member of the BLI team may be asked to provide in ongoing diligence or CDD activities will be provided only when necessary, unless specifically requested by the Intermediary or where permitted by law.

Your Privacy Rights Under California Law (The “CCPA”)

If you are based in California with respect to ENG documents, you may have certain rights under the California Consumer Privacy Act (CCPA), including the right to know, to request deletion and to opt out of the sale of personal information. (We do not sell personal information.) In order to implement your rights under CCPA, you should be in contact with: [email protected] or (737) 774-5189. We will verify you or your agent upon request and respond as required under the law.

Your Privacy Rights in the European Union (The “GDPR”)

For Clients and Site Visitors in the EEA, we observe GDPR. You have additional rights to access, erasure, correction, processing restriction, objection (opt out), and to lodge a complaint with a supervising authority. We have designated a contact for EU-related matters, who can be reached at [email protected], that will handle data matters under the GDPR as expeditiously as is possible under the law.

Processing of Personal Information in Academic / Research Engagements

As an academic, Dr. Peter Kamminga is likely to collect and process information for the purposes of research, publication, and teaching. All information in an academic context is anonymized or pseudonymized wherever possible and is used exclusively in accordance with prevailing research ethics, institutional review boards, and data protection legislation. Information gathering that takes place in studies or at events will be strictly voluntary and informed consent will be obtained as required.

Policy Concerning Sensitive Information

We ask that you avoid submitting or disclosing sensitive personal information (e.g., social security numbers, account credentials, financial account identifiers, health information, government issued identifiers) except as reasonably necessary to receive services and subject to reasonable safeguards. We maintain the confidentiality of sensitive information to the extent required by this Privacy Policy and applicable legal or ethical standards or regulations.

Storage, Local Hosting and Security Vendors

Our online records and website are hosted on secure servers within the United States by trustworthy third party vendors with sound security credentials. All data storage and back-up systems used to house your data are tested, encrypted, and monitored to hinder unauthorized access. We credential vendors based on compliance with recognized industry standards (ISO 27001 and SOC 2).

Social Media Profiles and Other Online Presence

Dr. Peter Kamminga may maintain a professional presence across various social media platforms, including LinkedIn and Twitter, as well as academic profiles. It is important to note that any interactions conducted through these social media channels will be subject to the respective privacy policies of those services. We will only collect and process personal information from social media when you voluntarily provide it to us, such as for the purposes of facilitating service and account-related communications or participating in events.

Governing Law and Venue

This Privacy Policy will be construed and governed by the laws of the State of Texas and applicable federal and international data privacy laws, regulations and guidelines. Any dispute related in any way to this policy or to our data practices generally must be adjudicated in a court of competent jurisdiction in Travis County, Texas to the exclusive jurisdiction thereof, unless otherwise required by law or applicable professional rules.

Accessibility

We aim to make our website and privacy communications usable by individuals with disabilities. Please contact [email protected] if you face any barriers to or require information in alternative format. We strive to provide privacy practices information to all as clearly and openly as possible.

Additional Resources and Updates

Visit our Dispute Resolution Blog, or reach out to Dr. Peter Kamminga for tailored advice on any of these issues. We publish regularly on this and other topics, and offer practical perspectives on privacy and disputes in a challenging global setting. See https://peter-kamminga.com

Final Commitment: Our Promise to You

At Peter Kamminga, the right of privacy is fundamental to all relationships. Client, colleague, and visitor alike, information entrusted to us by others is treated with the utmost regard and care. We firmly believe in constantly improving, at all levels, transparency and ethical management of information. We appreciate your trust in Dr. Peter Kamminga and his team. Should you have any suggestions or queries on our privacy practices, please contact us – we value your feedback and are always happy to assist.