ARBITRARE – Arbitration Centre for Industrial Property, Domain Names, Trade Names and Corporate Names (hereinafter referred to as “ARBITRARE”) is committed to ensuring the privacy, security and rights of the data subjects concerning their personal data, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
2. PERSONAL DATA
Personal data means any information of any nature and regardless of its support, including sound and image, relating to an identified or identifiable natural person (data subject).
An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
3. PERSONAL DATA PROCESSING
The processing of personal data consists of an operation or a set of operations carried out on personal data or personal data sets, by automated means, or not, namely the collection, registration, organization, structuring, preservation, adaptation, recovery, consultation, use, disclosure, dissemination, comparison, interconnection, limitation, deletion or destruction.
ARBITRARE may process the following categories of personal data:
- Identification data, g., name, nationality, address, contact details, citizen’s card data, passport data, and tax number;
- Professional data, g., title, position, job description, company, office address;
- Professional activity data, g., business activities, information about proceedings;
- Invoicing and expenses data, g., fees.
The personal data categories listed above may belong to different categories of data subjects, such as:
- Employees of corporate clients
- Legal representatives or representatives of the parties
- Representatives of ARBITRARE´s Governing Bodies
- Candidates (eligible) to perform functions at ARBITRARE
- Collaborators of undertaking companies for ARBITRARE
The abovementioned personal data are collected by ARBITRARE in different situations such as, for example, when the holder of such data proceeds to any of the situations mentioned bellow:
- Fills out a form on ARBITRARE’s website;
- Make the registration on ARBITRARE’s Online Platform for Dispute Resolution (hereinafter referred to as “Online Platform”);
- Submits or intervenes in an arbitral proceedings;
- Submits or internenes in a mediation procedure;
- Sends an e-mail or makes a telephone call to ARBITRARE requesting information;
- Submits an application to collaborate with ARBITRARE, either to work (as legal counsel, arbitrator, mediator etc.) or to do an internship.
Personal data may still be collected during a contractual or organic relationship established or to be established between ARBITRARE and the holder of such data.
4. PURPOSES, LEGAL GROUNDS AND STORAGE PERIOD OF PERSONAL DATA
Personal data may be collected by ARBITRARE for the purposes and legal grounds indicated below. The storage period of personal data, according to the purpose for which the data was collected, is also indicated below.
a) Ensure secure authentication on the Online Platform for authorised users to submit/access arbitral proceedings
Personal data requested: name and e-mail.
The legal ground is the pre-contractual diligence requested by the holder of personal data.
Personal data collected and processed for authentication of an Online Platform user are kept until its holder requests their elimination.
b) Arbitration proceedings and mediation procedure
Personal data requested: name, nationality, address, postal code, location, country, e-mail, Tax Identification Number (TIN) and language. Furthermore, additional optional data are requested, namely mobile, phone and IBAN.
ARBITRARE processes personal data of the parties, legal representatives or representatives for all necessary purposes within the management of alternative dispute proceedings, namely contacts via web platform, e-mail and/or phone, notifications, clarification of questions or conducting satisfaction surveys and evaluation of services provided.
The legal ground is the execution of the service agreement of mediation and/or arbitration.
Personal data shall be kept until their holder requests its deletion, provided that the time-limit of 5 (five) years counting from the termination of the arbitral proceedings is ensured, if it is the case. If the referred deletion is requested, ARBITRARE shall erase the arbitral proceedings from the Online Platform as well as from any document stored on physical support regarding the referred proceedings.
When a user fills in a form on the Online Platform but refrains from submitting it, the system (automatically) erases the draft 6 (six) months after its creation.
After the conclusion of an arbitration proceedings and a mediation procedure, the ARBITRARE Information Service provides the parties or their respective representatives/legal representatives with a link, sent by email, which allows them to fill in an online quality survey, whose personal data collected – gender, indication of age through the selection of age group and level of education through the selection of one of the levels indicated therein (optional) – are treated anonymously by the Portuguese Directorate-General for Justice Policy.
c) Making available for consultation the List of Arbitrators and the List of Mediators on ARBITRARE’s website and on the Online Platform, for consultation and appointment of arbitrator and/or mediator within an arbitral proceedings
In these lists, the following data regarding arbitrators and mediators are made available: name, photo, curricular information and professional experience.
The legal ground is the execution of the service agreement of mediation and/or arbitration.
Personal data regarding arbitrators and mediators will be kept until they are a part in ARBITRARE’s Arbitrators and Mediators Lists.
Personal data of arbitrators and mediators appointed within an arbitral proceedings or a mediation procedure pending before this Arbitration Centre will be kept until its holder requests the deletion, provided that the time-limit of 5 (five) years counting from the termination of the arbitral proceedings is ensured, if it is the case.
Some data are processed for contact purposes only, namely regarding collaborators of companies undertaking services for ARBITRARE, representatives and collaborators of ARBITRARE’s Governing Bodies, arbitrators and mediators.
Personal data processed: name, telephone, e-mail, job description and address.
The legal ground for processing personal data from Representatives and Collaborators of ARBITRARE’s Governing Bodies is the legitimate interest, and these data shall be kept whilst their relation with ARBITRARE lasts or, after it ends, until its deletion is requested by the data holder.
Concerning arbitrators, mediators and collaborators of companies undertaking services for ARBITRARE, the legal ground for the processing of their personal data is the performance of the service agreement and also ARBITRARE’s legitimate interest. The referred data are kept whilst the contractual relation with ARBITRARE lasts or, once it ends, until their holder requests the deletion.
e) Provision of technical and administrative information by the Information Service
Personal data requested: name, telephone, e-mail, location and other data voluntarily provided.
The legal ground for processing personal data from the applicants of information requests is the performance of the service agreement, and also ARBITRARE’s legitimate interest in monitoring the provided information, thus ensuring the quality of the service rendered.
Personal data from the applicants shall be kept until its deletion is requested.
f) Recruitment process and selection of applications
For recruitment purposes and selection of applications to become ARBITRARE’s collaborators or arbitrators and mediators, thus featuring on the Centre’s (Arbitrators and Mediators) Lists. The legal grounds for processing personal data are pre-contractual diligence by request of the data holder and also ARBITRARE’s legitimate interest in analysing the applications and respective curricula vitae.
Personal data from the applicants shall be kept until its deletion is requested or, in other situations, during the period during which the professional/contractual relation is maintained.
g) Publication of News
Personal data processed: name, photo and other information considered relevant.
In order to publish news related to ARBITRARE’s activity, the legal ground is the consent of the holder of personal data and such data will be kept until its deletion is requested.
h) Data sharing regarding ARBITRARE’s representatives of the Governing Bodies
Personal data processed: name.
The legal ground is the consent of the data holder.
Personal data from the representatives of the Governing Bodies shall be kept and shared on ARBITRARE’s website while the professional relation is maintained or until its deletion is requested.
i) Accounting and Financial Management
Personal data processed: name, address and tax identification number, as well as any other data deemed necessary.
The legal grounds are the execution of the contract, the legitimate interest and the compliance with legal obligation.
Personal data are kept for the time limit of 10 (ten) years.
j) Compliance with legal obligations
Personal data processed: any data deemed necessary for compliance with the legal obligation.
The legal ground is the compliance with the legal obligation.
5. TRANSFER OF PERSONAL DATA
Personal data are processed exclusively by ARBITRARE and considered strictly confidential, meaning that they shall not be transferred or in any way disclosed to third parties, except in situations where the transference proves necessary for the provision of the contracted services or in order to comply with legal obligations to which ARBITRARE is subject to.
The transfer of data to third parties is made in accordance with the applicable legislation for data protection and within the limits of the purposes and legal grounds defined by this Policy.
ARBITRARE may share personal data with the following entities:
- Relevant parties for the services of alternative dispute resolution provided, for example, counterparties, lawyers, arbitrators, mediators, DNS.PT association, Portuguese National Institute for Industrial Property, I.P., Portuguese Institute for Registration and Notary Affairs, I.P., or tribunals;
- Public authorities with regard to compliance with legal obligations;
- Service providers that supply services to ARBITRARE for the purposes described above, such as Information Technologies (IT) providers, communications services, translation services and billing services.
6. RIGHTS OF THE DATA SUBJECT
The data subject has the following rights:
- Right of access: The data subject has the right to obtain confirmation from ARBITRARE as to whether or not his/her personal data are being processed, and, where appropriate, to access such data and the information foreseen by law.
- Right to rectification: The data subject has the right to obtain the rectification of inaccurate or incomplete personal data concerning him or her.
- Right to erasure (“Right to be forgotten”): In certain situations, the data subject has the right to request ARBITRARE for the erasure of his/her personal data. This right may be restricted in certain situations, for example, if the processing of the data is necessary for compliance with legal obligations to which ARBITRARE is subject.
- Right to restriction of processing: In certain situations, the data subject may ask ARBITRARE to limit access to personal data or suspend processing activities. This will happen, for example, in cases where you dispute the accuracy of your personal data, for a period of time which enables ARBITRARE to check its accuracy, or in cases where you have objected to the processing, until it is verified whether the legitimate interests of ARBITRARE or of a third party prevail over yours.
- Right to data portability: In cases where the processing of data is based on a contract to which you are a party or on your consent, you may ask ARBITRARE to hand over to you the data you supplied in a structured, current and automatic reading format. You may also ask ARBITRARE to transfer this data to other data controllers.
- Right to object to the processing of personal data, except in situations where such data processing is indispensable within the scope of the legitimate interests pursued by ARBITRARE.
- Right to withdraw consent: In situations where data processing is made on the basis of consent, the data holder may withdraw his consent at any time. However, if he withdraws his consent, his personal data will no longer be processed except in situations where other legal ground applies.
- Right to complain to the Data Protection Authority: The data subject has the right to complain to the competent control authority regarding matters related with personal data processing. In Portugal, such authority is the National Data Protection Commission.
If you wish to exercise any of these rights please contact us in writing, either by e-mail at firstname.lastname@example.org or by letter to Av. Eng.º Duarte Pacheco, n.º 19, 5.º Piso, Sala D, 1070-100 Lisboa.
7. PERSONAL DATA SECURITY
ARBITRARE uses technical and organizational measures to protect the security and confidentiality of personal data in accordance with the General Data Protection Regulation.
The technical and organisational measures of security created and implemented by ARBITRARE are equally required from service providers that supply services to ARBITRARE who may process personal data on their own.
In the event of a security breach that results in the accidental or unlawful destruction, loss, alteration, disclosure or unauthorized access to personal data, ARBITRARE shall notify the relevant authority of the occurrence, in the legal time-limit, as well as the actual data subject.
If you have any questions or require more details concerning our data security Policy, or if you know of any improper situation, please contact us through any of the abovementioned channels.
Last update: 19 May 2023
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