Legal Policies

Privacy Policy

The International Center for Transitional Justice (ICTJ) is committed to protecting the privacy of individuals using our website at www.ictj.org (the "Site"). The following discloses ICTJ's policy regarding our information gathering and dissemination of information through our website. The use of the Site is governed by the Terms of Use (see below), which includes this Privacy Policy.

Personal Information

In connection with your use of this Site, ICTJ may ask you for information that personally identifies you, including your name, address, telephone number, and email address in connection with (1) Subscriptions to ICTJ newsletter; (2) Submissions of online donations; (3) Requests for technical support.

Additionally, when you visit the Site, ICTJ may collect some non-personally identifiable information, such as the operating system, browser, frequency of visits, tracking code, and pages that are viewed, which may be used to make improvements to the Site or to customize certain parts of the Site for you.

If you contact us directly we may keep a record of your correspondence, including any personal information contained therein. Note that it is ICTJ's policy not to intentionally collect any information from children under the age of 13.

Legal Basics

ICTJ will only process (meaning collect, manage, use, or store) your personal information in accordance with a lawful basis where:

• you have given your consent to such processing (which may be withdrawn at any time);
• the processing is necessary to provide services through the Site;
• the processing is necessary for compliance with other legal obligations; and/or
• the processing is necessary for our legitimate interests, subject to your interests and fundamental rights.

Cookies

This Site uses "HTTP cookies," which allow the Site to identify your computer so ICTJ may customize its resources to better meet your needs. Most browsers automatically accept cookies by default, but you can usually refuse cookies by adjusting the preferences in your browser. We do not use cookies to store personal data, nor do we link data stored in cookies with personally identifiable information about specific individuals.

Keeping Your Personal Information Secure

Keeping your personal information secure is important to ICTJ. ICTJ uses various security methods to protect your personal information from unauthorized use, access, or disclosure.

As a general rule, ICTJ does not release personal information to third parties, including other nongovernmental organizations (NGOs). However, in certain circumstances, ICTJ may share personal information or tracking data to third party service providers for the purpose of processing secure online donations, data analytics, technical support, or other administrative services necessary to the maintenance of this Site.

Your privacy is very important to us, but ICTJ cannot fully ensure that your private communications and other personal data will not be disclosed to third parties in the event that it is legally obliged due to the existing regulatory and security environment. Under certain circumstances, the government or third parties may lawfully or unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event that ICTJ needs to investigate or resolve possible problems or inquiries, ICTJ may disclose any information about you to private entities, law enforcement, or other governmental officials as ICTJ, in our sole discretion, believes necessary or appropriate. Though ICTJ makes every effort to preserve your privacy, ICTJ may also need to disclose personal information when required by law wherein ICTJ has a good faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or a legal process served on this Site.

ICTJ will only retain your personal information as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements, or until you request the deletion of your information.

Links to Third Party Sites

The Site may contain links to websites maintained by third parties. ICTJ is not responsible for the privacy practices or contents of other websites. Unless specifically indicated by ICTJ, we do not endorse, guarantee factual accuracy, or claim association with the content, opinions, or views expressed by third parties. In addition, ICTJ does not give any representation regarding the quality, safety, suitability, or reliability of any external websites. Users should take necessary precautions to safeguard against viruses and other potentially destructive items.

Your Rights

In connection with the use of this Site, you have the right to access the personal information that ICTJ holds about you and, where appropriate, you may have the data deleted, corrected, amended, or completed. If you subscribe to ICTJ’s newsletter, or request other electronic communications, you will be able to unsubscribe at any time by following the instructions included in the communication.

If at any time you wish to change your personal information or opt out of receiving news or any other information from ICTJ, please email us at: communications@ictj.org.

Policy Changes

ICTJ reserves the right, at our discretion, to change, modify, add, or remove portions of the Privacy Policy at any time. As we do not typically use personal information except as provided for above, we are not in a position to notify each user of material changes in our Privacy Policy. We therefore encourage users to check the Privacy Policy to remain informed of any changes.

Contact Us

Please direct any inquires or complaints about ICTJ's Privacy Policy to:

The International Center for Transitional Justice
50 Broadway
New York, New York 10004
Phone: (917) 637-3800
Email: communications@ictj.org

Terms of Use

Your use of this site indicates that you accept these terms of use (the "terms"). If you do not accept these terms, do not use this site.

Use of the Site

With this Site, ICTJ provides you access to a variety of resources including, but not limited to, news and press releases, publications, events, and other general information ("Resources"). The Resources are subject to these Terms. ICTJ reserves the right to update these Terms at any time without notice to you.

Conditions to Your Use of the Site

As conditions to your use of this Site, you agree that you will not:

  1. Modify, copy, distribute, transmit, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer or sell any information, products, or services obtained from the Site;

  2. Use the Site for any unlawful purpose;

  3. Use any of the Resources in a manner that could damage, disable, overburden or impair any ICTJ server or the networks connected to any ICTJ server;

  4. Attempt to gain unauthorized access to any of the Resources through hacking, password mining, or any other means;

  5. Obtain or attempt to obtain any materials or information not intentionally made available through the Resources;

  6. Use any robot, spider, other automatic device, or manual process to monitor, deep link with, or copy the Site's web pages or any of the Site's content; and

  7. Upload files, other than as provided by the Resources, that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of the Site or another computer.

Privacy Policy

ICTJ will only use and disclose your information in accordance with the ICTJ Privacy Policy. This Privacy Policy (see above) is part of the Terms.

Submissions

You agree that any information, feedback, questions, comments and the like that you provide to ICTJ in connection with this Site ("Submissions") will be provided to ICTJ on a non-confidential and non-proprietary basis. The Submissions will become and remain the property of ICTJ. ICTJ shall have no obligations to you of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that ICTJ shall be free to use any ideas, concepts, or techniques embodied in the Submissions for any purpose whatsoever.

User Registration, User IDs, and Passwords

If any of the Resources require you to register on this Site, you must complete the registration by providing current, complete, and accurate information as prompted by the registration form. You may also receive an ICTJ user ID or password. You are entirely responsible for protecting and maintaining the confidentiality of your user ID and password, as well as all activities that occur under your account. You agree to immediately notify ICTJ of any unauthorized use of your account. ICTJ will not be liable for any loss that you may incur as a result of an unauthorized use of your user ID or password. However, you could be held liable for losses incurred by ICTJ due to an improper use of your user ID or password. You may not use any other person or entity's user ID or password at any time.

Termination

Notwithstanding any of these Terms, ICTJ reserves the right, without notice and in its sole discretion, to terminate your use of this Site and to block or prevent future access to and use of this Site by you.

No Warranty

This site, the resources and the materials in this site are provided on an "as is" basis without warranties of any kind, either express or implied. ICTJ disclaims all warranties, express or implied. ICTJ does not represent or warrant that resources or materials on this site, including without limitation any information about ICTJ provided by third parties, are accurate, complete, reliable, current or error-free. The ICTJ does not represent or warrant that this site or its server(s) are free of viruses or other harmful components.

ICTJ does not guarantee continuous, uninterrupted, or secure access to its Resources, and operation of the Site may be interfered with by numerous factors outside of the control of ICTJ, including, but not limited to, telecommunications network disruptions.

Limit of Liability

In no event shall ICTJ be liable for any special, indirect, or consequential damages or any damages whatsoever from the loss of use or data, whether in action of contract, negligence, or other tortious action.

Links to Third Party Sites

The links to third party websites are provided for your convenience and the inclusion of any link does not imply endorsement by ICTJ. ICTJ is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites.

Applicable Law

This Site is controlled by ICTJ from its offices within the State of New York, United States of America. The laws applicable to the interpretation of these Terms shall be the laws of the State of New York, United States of America, and applicable federal law, without regard to any conflict of law provisions. ICTJ makes no representation that the content of this Site is appropriate for access outside the United States of America. Those who choose to access this Site from outside the United States of America do so on their own initiative and are responsible for compliance with their local laws. You agree to submission of any dispute to the state and federal courts of the State and County of New York, New York, United States of America.

Severability and Nonwaiver

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and the enforceability of the remaining provisions. The failure of ICTJ to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of ICTJ's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather the same will be and remain in full force and effect.

Trademarks

ICTJ and/or any other Resources referenced herein are either registered trademarks or trademark of ICTJ in the United States of America and/or other countries. The names of the companies and products mentioned herein may also be trademarks of their respective owners.

Copyright Notice

Copyright © 2018 The International Center for Transitional Justice. All rights reserved.

Whistleblower Policy and Procedure

Policy Statement

It is the policy of the International Center for Transitional Justice, Inc. (the “ICTJ” or “Organization”) to ensure the responsible stewardship of ICTJ resources. In order to further the efficient, effective, and economic use of ICTJ’s assets and resources and to ensure the effective and efficient operation of the Organization in compliance with applicable laws, regulations and policies, ICTJ must memorialize its position on fraud, waste, abuse, and mismanagement and the responsibilities of individuals that are provided with or have access to ICTJ’s resources. Therefore, the ICTJ has established a whistleblower policy (the “Policy”) which enables the Organization’s employees and consultants (“Reporting Person” or, collectively, “Reporting Persons”) to report to the Organization allegations of known or suspected Improper Activities (as defined below).

“Improper Activities” generally include, but are not limited to:

(i) questionable accounting, internal accounting controls or auditing matters; (ii) public disclosures made by the Organization that may not be complete or accurate; (iii) serious violations of the Organization’s Bylaws, the Employee Handbook, or any of the ICTJ’s internal policies; (iv) violations of applicable Federal or state laws or regulations or other laws applicable to the Organization; (v) any other fraud against the Organization; (vi) forgery or alteration of documents; (vii) misappropriation or misuse of Organization resources, such as funds or other assets; (viii) authorizing the receipt of compensation for goods not received or services not performed; or (ix) any other activity by an employee or consultant that is in violation of any applicable law or regulation (e.g. state, federal, national, municipal, etc.), or constitutes malfeasance, bribery, misuse of Organization property, or willful omission to perform the employee’s duties, or failure to exercise due diligence in the conduct of ICTJ’s operations resulting in substantial harm to the Organization, or involves gross misconduct.

The purpose of this Policy is twofold. First, it is to facilitate the reporting of “Improper Activities.” To that end, the ICTJ has established several reporting procedures to enable the communication of allegations of “Improper Activities,” which are detailed below. Secondly, to encourage Reporting Persons to come forward with credible information on illegal practices or violations of adopted policies, it is also ICTJ’s policy to protect Reporting Persons from retaliation.

This Policy also applies internationally, wherever the ICTJ has offices or operations. Employees and consultants resident and employed in the ITCJ's international offices abroad and outside of the United States are also required to comply with this Policy, as well as federal, state or local laws, regulations or other laws applicable to the Organization in that specific host country.

Policy Procedures

  1. Non-anonymous reporting procedures:

If a Reporting Person reasonably believes that any of the Organization’s employees or others acting on behalf of the Organization have engaged in an Improper Activity, the Reporting Person should first address his or her concerns with their immediate supervisor verbally or in writing. If the immediate supervisor is implicated in the allegations, the Reporting Person should proceed to “Anonymous reporting procedures” below. The immediate supervisor should then relay the allegations to the Human Resources Manager, or, should the Human Resources Manager be implicated in the complaint, the Legal Advisor. The Human Resources Manager or the Legal Advisor, together with the supervisor of the Reporting Person, will memorialize the allegations in the attached “Allegations Report.” All information relative to allegations should be documented in an Allegation Report. The information must be recorded by the Legal Advisor or by the Human Resources Manager, in collaboration with the Reporting Person’s direct supervisor.

For internal office tracking purposes, all allegations will also be recorded on an Allegation Report Control Log. Allegation Reports will be retained securely by the Legal Advisor for a period of five years. A control number will be placed on each Allegation Report which is the principal tracking mechanism for allegations.

The Legal Advisor or the Human Resources Manager will then apprise the Board Finance Committee Chair or, should the Board Finance Committee Chair be implicated in the complaint, the ICTJ’s General Counsel, of the complaint, who will then decide that one of the following three (3) actions will be taken:

  • Take no further action on the allegation(s) because insufficient information was provided by the complainant.
  • Refer the allegation(s) to an ICTJ staff member that has the authority and ability to implement corrective action because the matter is considered minor or administrative by the Human Resources Manager or the Legal Advisor.
  • Conduct an audit or investigation of the allegation(s).

Audits or investigations will be performed by an outside finance or accounting firm and a report will be written. The Finance Committee Chair or the General Counsel, with consultation appropriate for the situation, will determine the distribution of the report. The General Counsel will review the Allegation Report Control Log with the Legal Advisor on an ongoing basis.

2. Anonymous reporting procedures:

Reporting Persons wishing to remain anonymous can make allegations in one of two ways: via a phone hotline or on the internet.

Complaints submitted via the Hotline or the EthicsPoint website will be processed by the NAVEX system administrator, the ICTJ’s Legal Advisor, who will then follow the course of action prescribed in the “Non-anonymous reporting procedure.” Reporting Persons wishing to avoid making the complaint via the Hotline because the allegation targets the Legal Advisor should write anonymously to the Finance Committee Chair at whistleblowerhotline@ictj.org or contact the General Counsel Bruce Hubbard directly at bruceahubbardpc@msn.com.

No employee who in good faith filed a complaint by any means envisioned by this policy; has reasonable grounds for believing the reported fact; and has provided ICTJ with a reasonable opportunity to investigate and correct the alleged unlawful activity, shall suffer harassment, retaliation or adverse employment consequence resulting therefrom.

Sanctions

Failure to follow this policy or any other approved ICTJ policies shall result in disciplinary action, including termination of employment.

Questions and Contact Information

Please direct any inquires or complaints about the Terms to:

The International Center for Transitional Justice
50 Broadway
New York, New York 10004
Phone: (917) 637-3800
Email: communications@ictj.org