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I. PURPOSE OF THE POLICY

1. »¨½·Ö±²¥ (“JWU” or “University”) is committed to protecting the privacy rights of persons in the European Economic Area (“EEA”), comprised of the European Union (“EU”), the United Kingdom, and the countries of Iceland, Lichtenstein, Norway, and Switzerland and of persons in the People’s Republic of China (“PRC”) (collectively, “Protected Area”) pursuant to the EU General Data Protection Regulation (“GDPR”) and the United Kingdom General Data Protection Regulation (“UK GDPR”) (together “GDPR”) and the Personal Information Protection Law of the People’s Republic of China (“PIPL”).
2. This Privacy Notice describes: 1) The application of this Privacy Notice. 2) The Personal Data — i.e., any information relating to an identified or identifiable person — processed.

II. APPLICATION OF THE POLICY

1. This Privacy Notice applies to natural persons physically present in the Protected Area whose Personal Data the University processes (“Data Subjects”).
2. This Privacy Notice applies to Personal Data: 1) Provided to the University while a Data Subject is physically present in the Protected Area and if the same Personal Data is not earlier or later provided to the University while the Data Subject is outside the Protected Area and 2) Provided to the University while the University is offering the Data Subject goods or services.

III. PERSONAL DATA PROCESSED

1. The University processes Personal Data, meaning it conducts operations or sets of operations upon Personal Data or sets of Personal Data, whether or not by automated means, including adaptation, alignment, alteration, collection, combination, consultation, destruction, disclosure by transmission, dissemination, erasure, organization, recordation, retrieval, restriction, storage, structuring, use, or otherwise making available such Personal Data.
2. General Categories of Personal Data: Depending on the specific purpose for processing, the University may process the following general categories of Personal Data: a) Addresses b) Applications and related materials c) Background check information d) Business information e) Demographic information f) Device information g) Disability information h) Donation history i) Driver’s license numbers j) Education history k) Education records including but not limited to coursework, correspondence, disciplinary complaints, grades, evaluations, recommendations, and other records, and files maintained by the University as part of the educational process l) Email addresses m) Emergency contact information n) Entrance and other exam scores o) Family medical history information p) Financial information and family financial information including credit and debit-card numbers, financial aid information, insurance and benefits information, and tax information q) Identification numbers r) Images s) Insurance information t) IP addresses u) Leave requests v) Location information w) Medical history and treatment information x) Metadata y) Military service z) Names aa) Passport information bb) Personal identification numbers cc) Photographs and videos dd) Purchasing activity to secure food, lodging, and other services ee) References ff) Residential information gg) Social security numbers hh) Telephone and facsimile numbers ii) University identification numbers jj) Usernames and passwords kk) Visa information ll) Work history
3. Special Categories of Personal Data or Sensitive Personal Data: Depending on the specific purpose for processing, the University may process the following special categories of Personal Data: a) biometric data for the purpose of uniquely identifying a natural person; b) data concerning a natural person’s sex life or sexual orientation; c) data concerning health or treatment; d) data relating to criminal convictions and offences or related security measures; e) genetic data; f) information revealing racial or ethnic origin; g) information revealing political opinions, religious or philosophical beliefs, or trade union membership. Before the University processes special categories of Personal Data, the University will ask for your affirmative consent unless the University has another legal basis for the processing such Personal Data, in which case the University will inform you of that basis. This Notice refers to these special categories as Sensitive Personal Data.

IV. SOURCES FROM WHICH THE UNIVERSITY MAY RECEIVE YOUR PERSONAL DATA

1. The University may obtain your Personal Data from you, including when you: visit the University’s websites; apply for, attend, or take its (online or on-the-ground) classes or programs; receive medical services; participate in clinical research; travel with or on behalf of the University to a location in the Protected Area; attend events sponsored by the University in the Protected Area; or otherwise interact with the University in the Protected Area.
2. The University may receive your Personal Data from various other sources, in addition to you. Examples include information from: 1) School officials, including counselors, teachers, etc. 2) Third-party providers, including course administrators, testing agencies, vendors, etc. 3) Clinical researchers 4) Healthcare providers 5) Law enforcement

V. ENTITIES WHO MAY PROCESS YOUR PERSONAL DATA

1. The following entities may process your Personal Data: 1) The University and its affiliates, including University trustees and employees, including attorneys, faculty, financial-aid counselors, human-resources professionals, law-enforcement officers, medical professionals, researchers, and others as needed. 2) Third parties or governmental entities, with which the University may share your Personal Data, including: a) Activity, course, or program partners b) Educational-platform providers c) Partner institutions participating in educational or study abroad activities, courses, or programs with the University d) Partners participating in research collaboration e) Professional advisors f) Vendors who assist with the University’s developmental, fundraising, marketing, outreach, promotional, and retention efforts g) Vendors who assist in the provision of services to you (for example, immigration matters; legal matters; payment processing; operations; room and board, etc.) h) Local, state, federal, and foreign governmental or quasi-governmental entities 3) Third parties as required by applicable law in connection with arbitration, mediation, or litigation or to protect the health and safety of you or us, to enforce our legal rights, or to enforce contractual commitments that you have made.
2. The University may provide anonymized information developed from Personal Data to third parties.

VI. HOW WE USE YOUR PERSONAL DATA AND THE BASIS ON WHICH WE USE IT

1. Below, we describe how the University may process your Personal Data and the basis for such processing.
2. Admissions 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to evaluate applicants for admissions and for our internal purposes. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to provide you educational services. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
3. Alumni relations 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to maintain alumni relations. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract to provide alumni services. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
4. Athletics 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to facilitate your participation in our athletics activities and programs. 2) Consent: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract to provide athletics-related services. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
5. Courses 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to facilitate provision of courses and online courses. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to provide you educational services. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
6. Donations 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to obtain and process donations/gifts and information about the person giving the donation or gift, as well as to comply with associated legal obligations. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you related to a donation/gift. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
7. Emergencies and Safety 1) Vital Interest: We may obtain and process your Personal Data to protect an interest that is essential to your or someone else’s life or safety, including when you may be mentally or physically incapable of giving consent, and in emergencies. If you are present in the PRC, we may additionally obtain and process your Personal Data to protect a natural person’s security of property under emergency conditions. 2) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to protect an interest that is essential to your or someone else’s life or safety, including when you may be mentally or physically incapable of giving consent, and in emergencies. 3) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to provide you emergency or safety-related services. 4) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
8. Employment and Independent Contracting 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to facilitate employment and independent contracting opportunities. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to retain you as an employee or an independent contractor or as part of our relationship with you as an employee or an independent contractor. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
9. Events 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to process ticket payments or registrations for cultural, educational, sports, and other events. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to process ticket payments or registrations for cultural, educational, sports, and other events. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
10. Financial Aid 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data through your financial aid application to assess your eligibility to receive financial aid and for our internal purposes. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to provide you financial aid. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
11. Health Services or Treatment 1) Medical Services and Treatment: If you are present in the EEA, we may obtain and process your Personal Data to provide medical services and treatment. We may obtain and process Sensitive Personal Data in order to provide medical services and treatment. 2) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data in connection with our provision of health services and treatment; we may assess a student’s or employee’s capacity to participate in our activities, courses, or programs or in the workplace, respectively; we may diagnose conditions; we may provide healthcare or assist with your healthcare needs; and we may manage healthcare services. 3) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract to provide you health services or treatment. 4) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
12. Housing 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to assist you with or to provide you housing. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to assist you with or to provide you housing. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
13. Legal Proceedings 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data as necessary to establish, exercise, or defend against legal claims or otherwise in judicial and other dispute resolution proceedings. 2) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
14. Marketing / Promotional Activities for Enrollment at the University 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data for marketing and promotional purposes in connection with enrollment at the University. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to provide you educational services. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
15. Parking 1) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you for parking or parking passes or permits.
16. Public Health and Safety Reporting Requirements 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data as necessary for public interest reasons in the area of public health and safety, or to comply with associated legal obligations. 2) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
17. Public Interest 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data as necessary for reasons of substantial public interest on the basis of United States or state laws proportionate to the aim pursued and subject to appropriate safeguards.
18. Recruiting for Athletics or Enrollment at the University 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data for recruitment purposes in connection with your participation in our athletics program or general enrollment at the University. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to provide you educational services. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
19. Registration 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to register you in activities, courses, or programs. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to provide you educational services (including activities, courses, and programs). 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
20. Research and Statistical Data 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data for scientific and historical research and statistical data. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract that permits processing of scientific and historical research and statistical data. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
21. Services 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to process requests to provide services to you. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to process services for you. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
22. Student Conduct / Disciplinary Matters 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data in connection with our Student Code of Conduct and Conduct Review Process and to impose appropriate discipline consistent with University policies and procedures and the educational process. 2) Contract: We may obtain and process your Personal Data in connection with a contract with you to provide appropriate enforcement of policies and procedures. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
23. Student Organizations 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to facilitate your participation in student organizations (including student clubs, student fraternities/sororities, student government, student events, etc.) at the University. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to provide you services in connection with your participation in student organizations. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
24. Studies or Internships Abroad 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data in connection with study abroad. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract to provide you services or in connection with studies or internships abroad. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
25. Travel 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to facilitate travel arrangements in connection with University programs. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract to provide travel arrangements with you. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.
26. Visas/Immigration 1) Legitimate Interest: If you are present in the EEA, we may obtain and process your Personal Data to facilitate employment, research, and study opportunities and comply with relevant laws. 2) Contract: We may obtain and process your Personal Data at your request prior to entering or in connection with a contract with you to provide you educational services. 3) Consent: We may obtain and process your Personal Data if you have consented to such activities or, in the case of Sensitive Personal Data, if you have given explicit consent to such activities.

VII. AUTOMATED DECISION MAKING

1. We do not make decisions by automated means as it relates to Personal Data of Data Subjects insofar as such Personal Data and Data Subjects are covered hereunder.

VIII. INTERNATIONAL TRANSFER OF PERSONAL DATA

1. Your Personal Data may be transferred to, stored, and processed in a country (such as the United States) that is not regarded as ensuring an adequate level of protection for Personal Data under EU law.
2. We either obtain your consent to transfer your Personal Data abroad or, otherwise, have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your Personal Data is adequately protected.
3. If you are present in the PRC, your Personal Data may be transferred outside of the PRC. At minimum, your Personal Data may be transferred to »¨½·Ö±²¥, which may be contacted by mail at 8 Abbott Park Place, Providence, RI 02903 or by email at OptOut@jwu.edu or ITSecurityServices@jwu.edu

IX. HOW YOUR PERSONAL DATA IS PROTECTED AND STORED

1. We implement organizational and technical measures designed to ensure a level of security appropriate to the risk to the Personal Data we process to ensure the confidentiality and integrity of Personal Data.
2. We will keep Personal Data as required by law and to effectuate our legitimate interests.

X. YOUR RIGHTS AS A DATA SUBJECT

1. As a Data Subject pursuant to the GDPR, and a person present in the PRC pursuant to PIPL, you have certain rights, as set forth herein, as outlined in Articles 15-21 and 77 of the GDPR, and as outlined in Article 44-50 of the PIPL.
2. Right of Access: You have the right to request that the University confirm whether it is processing your Personal Data and request access to that Personal Data. If so, the University will provide you with a copy of that Personal Data unless applicable law prohibits it.
3. The Right of Correction: You have the right to request that the University correct or complete any incorrect or incomplete Personal Data that it maintains about you. If the University determines the Personal Data is incorrect or incomplete, the University will promptly correct or complete it.
4. The Right to Erasure: 1) You have the right to request the erasure of your Personal Data in certain circumstances, as provided in Article 17 of the GDPR if you are present in the EEA or Article 47 of the PIPL if you are present in the PRC. 2) Subject to applicable law and University policy, and, if you are in the EEA, provided there are no overriding legitimate grounds for the University to retain the Personal Data, the University will comply with the request.
5. The Right to Restrict Processing of Personal Data: 1) You have the right to request that the University restrict the processing of your Personal Data as provided in Article 18 of the GDPR if you are present in the EEA and Article 44 of the PIPL if you are present in the PRC. 2) If the University grants your request, the University will only process that Personal Data with your consent or other particularized grounds.
6. The Right to Data Portability: Where the basis for processing is either consent or performance of a contract between you and the University, and where the processing is carried out by automated means, you have the right to receive your Personal Data that you have provided to the University. The University will provide the Personal Data in a structured, commonly used, and machine-readable format. Where technically feasible and on your request, the University will transmit the Personal Data directly to another entity.
7. The Right to Withdraw Consent: If the basis for processing your Personal Data is consent, you may revoke your consent at any time. Upon receipt of your notice withdrawing consent, and if there are no other legal grounds for the processing, the University will stop processing the Personal Data unless the processing is necessary to establish, exercise, or defend against legal claims. Revoking consent does not affect the lawfulness of processing that occurred before the revocation.
8. The Right to Object to Processing: In certain situations, you may have the right to object to processing of your Personal Data. a) Legitimate Interests: If the basis for processing your Personal Data is legitimate interests, you have the right to object to processing the Personal Data. The University will cease processing unless it demonstrates overriding legitimate grounds for processing or the processing is necessary for the establishment, exercise, or defense of legal claims. b) Direct Marketing: If the University is using your Personal Data for direct marketing purposes such as fundraising, you have the right to object at any time, and the University will stop using your Personal Data for that purpose.
9. The Right to File a Complaint: If you are present in the EEA, you have the right to submit a complaint with an EU Supervisory Authority, in particular the one in the EU Member State of your habitual residence, place of work, or place of the alleged violation, if you believe that the University’s processing of your Personal Data violates the GDPR.

XI. HOW TO EXERCISE YOUR RIGHTS

1. If you wish to exercise these rights, or to notify us of a change in your details, or if you have any questions on the content of this policy, please contact the following: 1. Director of Admissions at OptOut@jwu.edu. 2. Director of Information Security at ITSecurityServices@jwu.edu
2. We are committed to working with you to obtain a fair resolution of any complaint or concern about your privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right (where applicable) to make a complaint to the appropriate data protection authority. Contact information for the EU data protection authorities can be found at .

XII. CHANGES TO THE PRIVACY NOTICE

1. We may modify or update this privacy notice from time to time; the changes will be effective on the date we post them.

XIII. INTERESTED IN LEARNING MORE?

1. If you are interested in reviewing the GDPR, please see: .
2. If you are interested in reviewing an unofficial copy of the PIPL, please see: .

I. Scope and Application

1. Under the General Data Protection Regulation (GDPR) and the United Kingdom General Data Protection Regulation (UK GDPR) (collectively “GDPR”) and the Personal Information Protection Law of the People’s Republic of China (“PIPL”), certain individuals have rights to disclosure or erasure of personal data under specific circumstances. This Requests for Data Subject Access and Erasures Policy (Policy) exists to ensure compliance with the GDPR and PIPL and applies to all requests from individuals for access to or erasure of their personal data that exists on university systems. The Policy applies to all university employees (including student employees), officers, trustees, and persons directly under university control or acting on the university’s behalf (Covered Persons).

II. Policy

1. The university will process disclosure and erasure requests from individuals within the European Economic Area (EEA), comprised of the European Union (“EU”) and the countries of Iceland, Lichtenstein, and Norway; the United Kingdom (“UK”); and Switzerland and the People’s Republic of China (collectively, “Protected Area”). The university will request any information necessary to verify the requester’s identity before processing any such requests. The university will not process erasure requests from individuals located outside the Protected Area.
2. In response to an appropriate request, the university will confirm to the requester whether it processes personal data concerning that individual. If the university processes such data, the university will provide a copy of such data to the requesting individual, and, on specific request, certain categories of accompanying information. The university will erase data upon a verified request from an individual present in the Protected Area only if one of the following circumstances applies: 1) The data are no longer necessary for the purpose for which it was collected. 2) The data were collected based on the individual’s consent only and that consent is withdrawn. The university will not erase data when additional grounds for collection and processing exist, such as when the data are collected and processed pursuant to the university’s legitimate interest or in the formation or performance of a contract. 3) The individual objects to processing, and there are no overriding legitimate grounds for processing or the data are being processed for direct marketing purposes. 4) The data have been unlawfully processed.
3. Even if one of the circumstances under which the university will consider erasure is present, if the requester is present in the EEA, the university may decline to erase data that are necessary for: 1) Exercising the right of freedom of expression and information of the university, faculty members, or students. 2) Compliance with a legal obligation or that is necessary for a task carried out in the public interest. Relevant data could include, but are in no way limited to, data that are required to fulfill reporting obligations to accreditors, bond holders, and federal and state regulators and financial information required to be retained for US IRS compliance. 3) Protection of the public health, including data collected in relation to the university’s activities during the COVID-19 Public Health Emergency. 4) The university’s archival purposes. 5) The establishment, exercise or defense of legal claims. Data subject to a legal hold will not be erased.
4. If the requester is present in the EEA, the university may also deny the request if it is manifestly unfounded or excessive. The university shall make this decision on a case-by-case basis where it has reason to believe the individual has no intention to actually exercise the right of erasure, the request is malicious or is being made as a form of harassment, or if the request is overlapping with prior requests.

III. Procedures

1. General Response to Requests
   • Covered Persons should forward requests for data access or deletion made by any method, including e-mail and verbal requests to the Information Technology (IT) Service Desk as soon as received, or as soon as reasonably possible, ideally the same day. Any referral of a request to the IT Service Desk should include the date the request was originally made.
   • If the IT Service Desk determines that the request was made by a for-profit entity purportedly acting on behalf of the individual, no further action shall be taken. If the IT Service Desk is able to determine that the requester is not located within or a citizen of the Protected Area, no further response will be made, except that if the request is related to access to education records, the IT Service Desk will apply the Family Educational Rights and Privacy Act Policy and Procedures.
   • The IT Service Desk shall provide the Request for Data Access or Erasure form attached to this policy to requesters to ensure information needed to process the request is completed.
   • The request will be considered received on the date identity verification is complete. If the request is made on behalf of an individual by a non-profit organization, the non-profit organization must provide identify verification for its agent and the individual and evidence that the individual has authorized the non-profit organization to act on its behalf. Identity verification will be complete when either: 1) A request is submitted from a valid jwu.edu e-mail address assigned to a current student, faculty, or staff member. 2) The request is accompanied by two forms of identification, one of which clearly shows photograph, name, and date of birth (e.g., passport, driver’s license, state-issued ID) and one of which shows your name and current address (e.g., tax document, utility bill, bank statement).
   • Once identity verification has been completed, the university will respond within 30 days, although in some circumstances the response may consist of an explanation why additional time is needed to respond.
2. Consideration of Requests
   • Once all required information has been received, the IT Service Desk shall consult with the Office of the General Counsel (OGC) as to whether the request requires substantive response. If it does not, the IT Service Desk and OGC will coordinate a response informing the requester of the reasons the request has not been processed.
   • If OGC confirms substantive response or erasure is appropriate, the IT Service Desk shall identify the particular personal data that is the subject of the individual’s request and any other common data sets that may contain the individual’s data. If the request is for access, an electronic copy shall be provided along with a description of the data containing the items described above. If the request is for deletion, IT shall delete the data.
   • The IT Service Desk and OGC shall coordinate a response letter providing the access or confirming deletion to the requester.

IV. Policy Owner

1. Information Technology

V. Effective Date

1. October 2021

Request Deletion Form (524k PDF)

»¨½·Ö±²¥ (JWU) is committed to managing and safeguarding the information it collects, maintains, shares, and uses (collectively, “processes”) in an appropriate, fair, and transparent fashion, in support of its mission. JWU takes seriously its responsibility to protect privacy rights while satisfying its administrative, educational, legal, operational, and policy duties and objectives. This Privacy Notice applies to JWU’s main website (www.jwu.edu) and other websites JWU owns or controls, unless a specific JWU website indicates to the contrary (collectively, “Sites”). JWU reserves the right to modify this Privacy Notice or any statements herein anytime without notice.

User Consent
Any person accessing, browsing, or otherwise using any Site, either manually or via an automated device or program, shall be bound by the terms of this Privacy Notice, including any modifications thereto, which JWU may make anytime without notice.

Manner of Collection
If you visit this site to view or download information, or submit information to us, we or our third-party vendors may automatically collect the following types of personal information:

• the date and time of your visit
• the page(s) you visit and engagement with them
• your computing platform (browser, operating system, etc.)
• the name of the domain from which you access the Internet
• your approximate geographic region from which you access the Internet

Cookies
Cookies are short identifiers, stored on your computer, that may contain site-specific settings or identify you to a site when you make a return visit. Cookies may remain on your browser unless you delete them or they expire. You have the ability to accept or decline cookies by changing your browser settings. If you decline cookies, you will still be able to fully experience JWU’s main website (www.jwu.edu). If you do not decline cookies, you thereby are deemed to consent to cookies.

Google Analytics
The main JWU website uses Google Analytics to gather anonymous statistics. The information gathered is used to improve web services for visitors. Google Analytics uses a browser cookie for statistical analysis related to your browsing behavior on these websites. If you choose, you can opt out by turning off cookies in the preferences settings in your browser or download and install (opens in new window). For more information, visit (opens in new window).

If you use our website to complete forms, use our applications, or submit information to us (such as through form registrations or requesting information), we will collect the information that you provide to us, as well as related information such as your login identification (ID).

How We Use Your Personal Information
The data collected with cookies and similar technologies are used in the aggregate for purposes of analyzing site traffic, managing the site, and providing accountability regarding the usefulness of our work. If you provide us with information (such as through a form or registration pages), we will use that information for the purposes described on the form or registration pages. We may also use your personal information for the following purposes, which may include sharing such information with third parties:

• To further our educational or other university purposes.
• For compliance with legal obligations; to respond to subpoenas, court orders, or other legal process; and to enforce our agreements.
• To prevent or investigate fraud or other unlawful activity and to protect the security of university property, websites, and other systems.
• To meet the obligations of organizations with oversight over the university, such as accreditation organizations.
• To protect the health, safety, or rights of you, other students, faculty, staff, and visitors.
• To use in targeted advertising campaigns.

Links to other Websites
The Sites may provide hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to another place within the document, to another document altogether, or may take you to a third-party website not controlled by JWU. These hyperlinked third-party websites may collect, maintain, share, and use information different in form and substance from JWU’s Sites. »¨½·Ö±²¥ is not responsible for the collection, maintenance, sharing, or use of information collected through these websites, and JWU expressly disclaims any and all liability related to such collection, maintenance, sharing, or use of information.

Information related to the European Economic Area and the General Data Protection Regulations
For information related to the General Data Protection Regulation (GDPR), see above.

Children
JWU’s Sites are not directed towards children under 13 years of age, and JWU does not knowingly collect any information from children under 13 years of age through its Sites. If you are under 13 years of age, you are not permitted to submit personal information to JWU through its Sites.

Security
»¨½·Ö±²¥ implements appropriate technical, physical, and organizational security measures designed to protect the personal information JWU processes to ensure a level of security appropriate to the risks presented by the nature of the personal information and the nature of the processing. Although JWU strives to protect your personal information, JWU cannot ensure or warrant the security of your personal information. JWU shall not be responsible for any actual or consequential damages resulting from a security breach or technical malfunction.

To Unsubscribe
Should you wish to unsubscribe from receiving e-mails from a particular JWU department or a JWU.edu domain, you may do so by unsubscribing through the unsubscribe feature included in specific e-mails or by requesting this at identify. Please note that JWU will not unsubscribe you from e-mails about your account or your transactions with JWU.

Contact
If Users have any questions about JWU's programs, services, websites or this Privacy Notice, please contact helpdesk@jwu.edu.

Effective Date and Revisions
Originally Issued: August 2004
Last Update: February 2021

»¨½·Ö±²¥’s policy regarding copyright infringement and JWU’s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below.

JWU respects the intellectual property rights of others and requires those that visit our website located at JWU.edu (the “Site”) and use our network to do the same. JWU may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes upon the copyright rights of others. JWU also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals' rights to use our Site or network.

If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify JWU’s copyright agent by written notice. The notice should include the following information:

• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
• Identification of the location on our Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
• Your name, address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
• A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.

JWU's copyright agent for notice of claims of copyright infringement on our Site and our network is Nicholas M. Tella, director of Information Security Services, who can be reached at following:

By mail: »¨½·Ö±²¥, 8 Abbott Park Place, Providence, RI 02903
By email: Nicholas.Tella@jwu.edu
By telephone: 401-598-3030
By facsimile: 401-598-1588

Reporting a Missing Student
Any person who believes a »¨½·Ö±²¥ (JWU) student is missing should immediately report the situation to Campus Safety & Security or to any member of the JWU residential life staff.

In the event another university office or employee other than a member of Campus Safety and Security receives a report of a missing student, that person shall immediately notify Campus Safety & Security of the report received.

Upon receipt of a missing student notification, Campus Safety & Security will make a determination of when to implement missing student procedures based on whether there are unusual or suspicious circumstances surrounding the student’s absence and/or whether the student has been absent from campus without explanation for more than 24 hours.

Official Notification Procedures
Campus Safety & Security together with other authorized JWU officials will, after the student has been missing for 24 hours or sooner if they it deem advisable to do so based upon the circumstances presented, initiate official notification procedures according to the Missing Student Response Policy then in place.

If no such policy is in place, Campus Safety and Security shall notify local police and/or other local law enforcement and shall also contact the following in the order they deem advisable:

• The missing student’s “confidential contact,” if any (see below for information on registering a “confidential contact”)
• The parent(s) or legal guardian as well as any other designated contact person of any missing student under the age of 18
• The regular emergency contact provided to Health Services by the student

Once the student has been located, further notifications do not need to be made.

Confidential Contact Option for Resident Students
A confidential contact is someone in addition to the student’s regular emergency contact whom the student would like JWU to contact if the student is missing.

Only Campus Safety & Security and a limited number of other authorized JWU officials will have access to the identity of a student’s confidential contact in the event a student is missing. JWU will not disclose the identity of a confidential contact to anyone else (other than local law enforcement if needed for the investigation of the student’s disappearance).

Only students who live on campus have the option of registering a “confidential contact.”

Confidential contacts may be registered by e-mail from a student’s JWU-issued e-mail address. Instructions for registering a confidential contact can be found at:

Any student who would like to receive assistance concerning the registration of his or her confidential contact information may contact Campus Safety & Security at his or her campus.

Under the »¨½·Ö±²¥ (JWU) Missing Student Policy, once Campus Safety & Security determines that a resident student is or may be missing, that office will contact certain people to see if they know where you are. The people who may be contacted include:

• Your emergency contact on file with Health Services
• Your parent or legal guardian if you are under 18 (and not legally emancipated)
• Local police

Confidential Contact
As a resident student, you can also name a confidential contact for Campus Safety & Security to notify in the event you are missing. This option is only available to students living in JWU residence halls.

If you register a confidential contact, the identity of your contact will be kept confidential and cannot be accessed by anyone except Campus Safety & Security, a limited number of authorized JWU officials and local law enforcement if needed for the investigation of your disappearance.

Other than these people, JWU personnel will not tell anyone, including your parents, friends or family, who your confidential contact is.

To register a confidential contact, email confidentialcontact@jwu.edu using your JWU e-mail address. Copy and paste the following questions into your email and respond to each item:

• Your full name (as shown on your student ID)
• Your student ID number (J number)
• Your residence hall and room number
• Confidential contact name
• Confidential contact address
• Confidential contact phone number(s)

To modify your submission at any time, please resubmit your confidential contact information in the manner described above. JWU will use the latest submission received from you when responding to an emergency and will consider all prior submissions to be null and void.

Confidential contact information provided by you will be maintained separately from your student records and will be used only as described above. JWU may delete your confidential contact information on the earlier of the date when you are no longer a resident student at JWU or five (5) years from the date that information was initially received.

1. Acceptance of Terms
»¨½·Ö±²¥ (“JWU,” “the university,” “we,” “us,” “our”), provides access to its main website (JWU.edu) and other websites JWU owns or controls (collectively, “Sites”) subject to your acceptance of this Website User Agreement (“Agreement”). Any person accessing, browsing, and otherwise using the Sites, either manually or via an automated device, shall be deemed a “User.” All Users are subject to and agree to be bound by this Agreement when using the Sites.

When using a particular feature of the Sites, you may also be subject to any posted guidelines, privacy policies, rules, or terms of service. In the event of a conflict between any such posted guidelines, privacy policies, rules, or terms of service and this Agreement, the provisions of this Agreement shall govern when using the Sites. If you have any questions about this Agreement please contact JWU by email at helpdesk@jwu.edu before using the Sites.

2. Privacy
You agree that you have read and understand the terms of JWU’s Privacy Policy, which is incorporated herein. The Privacy Policy governs the collection, maintenance, sharing, and use of personal and non-personal information from you when using the Sites.

3. Risk; Internet Use
You assume total responsibility and risk for your use of the Sites and the Internet. You acknowledge and agree that any uploads or transmission you make to, from, or through the Sites may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.

4. Downloading Materials From The Site
You understand that JWU cannot and does not guarantee or warrant that materials available for downloading from the Sites, including links, will be free of infection or cancelbots, time bombs, Trojan horses, viruses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any personal or non-personal information, data, or systems (collectively, “Viruses”). You are responsible for implementing sufficient checkpoints and procedures to satisfy your particular requirements for accuracy and security of data input and output and for maintaining a means external to the Sites for the reconstruction of any lost information or data.

5. Intellectual Property
The contents of the Sites, such as audio clips, graphics, logos, photographs, software, text, trademarks, video, and other information (“Proprietary Content”) are, unless otherwise expressly noted, the property of JWU, its affiliates, or its partners. The Proprietary Content is protected by state, federal, and international copyright and trademark laws and other laws. This Proprietary Content is protected in all forms, media, and technologies, existing now or hereinafter developed. You may print and download portions of material from the different areas of the Sites solely for your personal, non-commercial use. No portion of the Proprietary Content may be distributed, modified, reprinted, or republished in any form without the express written permission of JWU. You may not copy, decompile, disassemble, license, modify, reproduce, reverse engineer, sell, transmit, or create derivative works of any of the Proprietary Content.

Certain Proprietary Content may be licensed from third parties, and all such third-party content and all intellectual property rights related to the third-party content belong to the respective third parties.

In addition, certain brand names, logos, and trademarks are the property of their respective third-party owners, and the use of such brand names, logos, and trademarks on the Sites are for identification purposes only; such use does not imply an endorsement by JWU or vice-versa. You may not remove any copyright, trademark, or other intellectual property or proprietary legend or notice contained on the Sites or the Proprietary Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by JWU.

Except as expressly provided above, nothing contained herein shall be construed as conferring by estoppel, implication, or otherwise any license or right under any copyright, patent, or trademark of JWU or any third party.

6. Links to Other Websites and Linking to JWU’s Site
Any links to other websites are provided merely as a convenience to the Users of the Sites. JWU has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any other sites linked on the Sites, you do so entirely at your own risk.

Any individuals who would like to establish a temporary or permanent link to the Sites may do so as long as such link is pointed to JWU’s homepage. Deep linking to any other page on the Sites except the homepage is permitted only if you obtain permission from JWU. All deep linking requests should be sent to helpdesk@jwu.edu. Framing any page on the Sites is expressly prohibited.

7. Acceptable and Lawful Use of the Site
Any information provided to »¨½·Ö±²¥ in connection with use of the Sites: (a) shall not be defamatory, false, harassing, inaccurate, libelous, misleading, or threatening; (b) shall not be indecent or obscene; (c) shall not contain any Viruses; (d) shall not infringe on JWU’s or any third party’s copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy; and (e) shall not create liability for JWU or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Sites, including but not limited to unsolicited email, also called SPAM.

8. NO WARRANTIES
THE SITES AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JWU DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITES, THE SITES’ CONTENT, OR ANY SERVICES PROVIDED THROUGH THE SITES OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. JWU DOES NOT WARRANT THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED.

9. »¨½·Ö±²¥ Catalogs
Access to various JWU content and documents is provided on the Sites. JWU reserves the right, at any time and without prior notice, to add to, amend, change, modify, remove, revise, or supersede any of its website content or documents therein, including but not limited to, catalogs, codes of conduct, handbooks, manuals, policies, procedures, regulations, rules, and any other publications (including, without limitation, marketing or promotional publications), and JWU may, at any time and without prior notice, add, amend, cancel, change, modify, postpone, revise, supersede, or withdraw any policies, provisions, requirements, or rules and may also at any time and without prior notice, add, amend, cancel, change, modify, postpone, revise, supersede, or withdraw any classes, courses, activities, events, internships, laboratories, and programs (of study or otherwise); without limiting the generality of the foregoing, this includes, but is no way limited to, transitioning from in-person to remote classes, courses, activities, events, internships, laboratories, and programs (of study or otherwise). 

10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITES OR PROVIDING CONTENT, OFFERINGS, PRODUCTS, OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT, OFFERINGS, PRODUCTS, OR SERVICES RESULTING FROM ANY CONTENT, OFFERINGS, PRODUCTS, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; (IV) WARRANTIES, REPRESENTATIONS, CONDUCT, GUARANTEES, OR STATEMENTS OF JWU OR ANY THIRD PARTY ON THE SITES; OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE SITES.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, OFFERINGS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE SITES. IN NO EVENT SHALL JWU’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO JWU, IF ANY, FOR THE USE OF THE SITES BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF JWU, JWU’S AFFILIATES, JWU’S BOARD, AND TO ALL OF JWU’S AGENTS, ATTORNEYS, DIRECTORS, EMPLOYEES, OFFICERS, AND TRUSTEES.

11. Indemnification
You agree to defend, hold harmless, and indemnify JWU, its affiliates, and JWU’s board, agents, attorneys, directors, employees, officers, and trustees from and against any and all actions, claims, costs, damages, demands, liabilities, and losses of any kind (including reasonable attorneys’ fees) resulting from (i) your use of the Sites, (ii) your use of content, offerings, products, or services provided through the Sites, or (iii) your breach of any provision of this Agreement. JWU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you still are responsible for indemnifying JWU, and you agree to cooperate with »¨½·Ö±²¥ in asserting any available defenses.

12. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
JWU’s policy regarding copyright infringement and JWU’s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) is incorporated herein and can be found at /about-jwu/copyright-infringement-and-designation-of-a-copyright-agent.html.

13. System Outages
JWU periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. JWU shall have no liability whatsoever for the resulting unavailability of the Sites or for any loss of information, data, or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages, or any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Sites.

14. User Feedback
Should any User respond through the Sites, via e-mail or otherwise, with any information including, but not limited to, comments, feedback, opinions, questions, requests, suggestions, or the like regarding JWU content, offerings, products, or services, such information shall be deemed to be non-confidential, and JWU shall have no obligation of any kind with respect to such information. JWU shall be free to disclose, distribute, reproduce, and otherwise use the information without limitation and shall be free to use any concepts, ideas, know-how, or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.

15. Your Account Obligations
Certain sections of the Sites require that you register by providing particular information including a username and password (collectively, “Account Information”). In these instances, you agree to: (i) provide accurate and current information about yourself as prompted by the Sites (the “Registration Information”); and (ii) maintain and update the Registration Information to keep it accurate, complete, and current. If you provide any information that is inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is inaccurate, incomplete, or not current, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Sites, future access to the Sites, or any activities related to your registration and account.

You are responsible for maintaining the confidentiality of your Account Information and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. JWU shall not, in any manner, be responsible or liable for fraudulent purchases, requests, or other transactions that are made using your compromised Account Information.

16. Pricing for Products and Services
In the event an offering or a product or service or the cost of an activity or event or a course or program of study is listed at an incorrect price or with incorrect information due to a typographical or other error, JWU shall have the right to refuse or cancel any orders placed for said offering, product, or service. JWU shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and the User’s credit card has been charged or other payment has been accepted.

17. Children
The Sites are not directed to children under the age of 13 and are not intended be used by children under the age of 13. If you are under the age of 13, you agree that you will not use the Sites and you will not provide personal information about yourself to JWU through the Sites.

18. International Users
JJWU makes no claims that information on the Sites is appropriate or may be downloaded outside of the United States of America (“U.S.”). Access to the Sites may not be legal in certain countries or for certain persons. If you access the Sites from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content. User personal information (“Information”) that is submitted to the Sites will be collected, maintained, shared, and used in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that JWU may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use the Sites. If you have already provided us with Information, please contact us at helpdesk@jwu.edu, and let us know how you would like us to handle such Information.

19. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by JWU, at any time or times, to require performance of any provision hereof shall in no manner affect JWU’s right at a later time to enforce such provision. No delay or failure by »¨½·Ö±²¥ in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of JWU. JWU may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement except as expressly provided herein. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between JWU and you pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and documents regarding your use of the Sites.

20. Headings
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.

21. Updates and Modifications
In its sole discretion, JWU may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Sites or any one Site or webpage thereof. Any amended or modified terms will be effective upon posting. Continued use of any Sites constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at helpdesk@jwu.edu.

22. Termination
JWU may immediately issue a warning or, without warning, suspend or terminate your access to the Sites for breach of this Agreement (or any document incorporated by reference hereto), or for any other reason in our sole discretion.

23. Governing Law
This Agreement and access to the Sites shall be governed by and construed in accordance with the laws of the State of Rhode Island, exclusive of its conflict of law rules, and, where applicable, the federal laws of the United States of America.

24. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the State of Rhode Island in the United States of America for any dispute resolution arising out of or relating to use of the Sites, and you agree not to commence any proceeding relating thereto except in the State of Rhode Island in the United States of America.

25. ARBITRATION AGREEMENT
THIS ARBITRATION AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES.

All Disputes Subject to Arbitration. As a condition of using the Sites, you agree that both you and JWU will resolve through binding and mandatory arbitration any cause of action, claim, controversy, dispute, lawsuit, or proceeding (including, but not limited to, any contract, equity, statutory, or tort claim) between you and JWU that arises, arose, or has arisen out of, or is or was in any way related to, the Sites (including but not limited to, by way of example, your use of the Sites, JWU’s use of information in connection with the Sites (including your personally identifiable information or your sensitive personally identifiable information)), or this Arbitration Agreement (individually and collectively, a “Dispute”).

Waiver of Rights. Arbitration is the referral of a Dispute to an impartial person (an “Arbitrator”) for a final and binding determination of the Dispute. In agreeing to binding and mandatory arbitration, you and JWU voluntarily give up certain rights relating to a Dispute, including THE RIGHT TO PURSUE A DISPUTE IN COURT, THE RIGHT TO A TRIAL BY A JUDGE OR JURY, RIGHTS TO APPEAL, AND OTHER RIGHTS THAT MAY BE AVAILABLE IN A COURT. You and JWU also give up the right to bring or participate in any class action, collective action, private attorney general action, or any other type of action or proceeding in which anyone acts or proposes to act in a representative capacity on behalf of others relating to a Dispute (collectively, “Class Action Prohibition”), subject to the exclusions discussed below.

Arbitration Procedures. Any Dispute shall be settled by binding and mandatory arbitration administered by an “Arbitral Provider,” and judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof, as follows: i) The United States Arbitration & Mediation (USA&M) in accordance with the USA&M’s Consolidated Arbitration Rules in effect at the time the arbitration is commenced (the “Rules”), except as provided to the contrary in this Arbitration Agreement. Information on USA&M is available at . ii) In the event USA&M is unable or unwilling to administer the arbitration, the arbitration will be administered by an Arbitral Provider or an Arbitrator upon which you and JWU will mutually agree and in accordance with the Rules or the most recent version of such Rules, if no current Rules are then in existence. If, after making a reasonable effort, you and JWU are unable to agree upon an Arbitral Provider or Arbitrator, either party may request a court having proper jurisdiction to appoint an Arbitral Provider or Arbitrator, provided that such Arbitral Provider or Arbitrator must agree to administer this Arbitration Agreement as written. The arbitration will be conducted in accordance with the Rules, except as modified by this Arbitration Agreement. iii) Any Dispute shall be heard by one Arbitrator, who shall be a licensed attorney. As a condition of appointment, the Arbitrator shall agree to follow all applicable substantive laws (except as otherwise provided in this Arbitration Agreement), shall agree to the terms of this Arbitration Agreement, and shall lack authority not to enforce the terms of this Arbitration Agreement. The Arbitrator shall have the exclusive authority to determine and adjudicate any issue relating to the applicability, enforceability, existence, formation, interpretation, or validity of this Arbitration Agreement, provided, however, that a court shall have authority to determine the enforceability of, and to enforce, the Class Action Prohibition. The Arbitrator’s decision shall be accompanied by a reasoned opinion from which there shall be no appeal. iv) The arbitration shall be conducted remotely or, if both parties agree to in-person arbitration, in Rhode Island. U.S. federal law or, insofar as applicable to the claims at issue, the law of the State of Rhode Island shall apply without regard to any choice-of-laws or conflicts-of-laws doctrine. Should any judicial action be required to compel arbitration or enforce the arbitral award, the appropriate venue shall be the United States District Court for the District of Rhode Island. v) Except as required to render this Arbitration Agreement enforceable under applicable law, there shall be no discovery permitted except one reasonably narrow and specific request for no more than 50 pages of documents. vi) Arbitration hearings shall take place within 45 days of filing, and awards shall be rendered within 90 days of filing. vii) This Arbitration Agreement governs if there is a conflict with the Rules.

Class Action Prohibition. You and JWU agree to the Class Action Prohibition. Namely, you and JWU expressly waive all rights to bring any class action, collective action, private attorney general action, or any other type of action or proceeding in which anyone acts or proposes to act in a representative capacity on behalf of others. The Arbitrator shall have no authority or jurisdiction to compel, hear, or permit any class action, collective action, private attorney general action, or any other type of action or proceeding in which anyone acts or proposes to act in a representative capacity on behalf of others, nor shall any consolidation of different matters brought by different parties be permitted. By way of illustration and not limitation, neither you nor JWU can bring a class action against each other or participate in a class action against the other, whether as a named class representative or an absent or putative class member.

Applicability of FAA. This Arbitration Agreement involves interstate commerce, and the enforceability of this Arbitration Agreement shall be governed, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. §§ 1-9.

Severability. If the Class Action Prohibition is found to be illegal or unenforceable as to all or some parts of a Dispute, then that Dispute will be resolved in court in its entirety without affecting the applicability of this Arbitration Agreement to any other Disputes. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Arbitration Agreement.

Inapplicability to Certain Matters. The Arbitration Agreement and the Class Action Prohibition do not apply to any JWU students insofar as such students assert or seek to assert a borrower defense to repayment claim with the U.S. Department of Education pursuant to 34 C.F.R. § 685.206(e) or otherwise. The Arbitration Agreement and the Class Action Prohibition do not bind any JWU student to arbitrate any borrower defense to repayment claim or any other claim insofar as ED regulations now or in the future preclude such arbitration as a condition to the acceptance of federal funds. This Arbitration Agreement in no way requires any JWU student to limit, relinquish, or waive their ability to pursue filing a borrower defense claim, pursuant to § 685.206(e) at any time. As applicable to JWU students only: i) We agree that this Arbitration Agreement cannot be used to stop you from being part of a class action lawsuit in court. You may file a class action lawsuit in court, or you may be a member of a class action lawsuit even if you do not file it. This provision applies only to class action claims concerning our acts or omissions regarding the making of the Direct Loan or our provision of educational services for which the Direct Loan was obtained. We agree that the court has exclusive jurisdiction to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained. ii) We agree that neither we nor anyone else will use this Arbitration Agreement to stop you from bringing a lawsuit concerning our acts or omissions regarding the making of the Federal Direct Loan or the provision by us of educational services for which the Federal Direct Loan was obtained. You may file a lawsuit for such a claim, or you may be a member of a class action lawsuit for such a claim even if you do not file it. This provision does not apply to lawsuits concerning other claims. We agree that only the court is to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained. The Arbitration Agreement and the Class Action Prohibition also does not apply to students enrolled at JWU under the State Authorization Reciprocity Agreement (“SARA”) provisions insofar as such students assert a complaint or dispute that falls within the scope of the SARA Policy Manual.