Privacy and Cookies Policy
Privacy

 

PRIVACY POLICY (WEBSITE)

 

1. INTRODUCTION

The ARBITRARE – Arbitration Centre for Industrial Property, Domain Names, Trade Names and Corporate Names (hereinafter referred to as “ARBITRARE”) is committed to ensuring the privacy of users of its website and the security of the respective personal data, in accordance to 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.

The purpose of this privacy policy is to provide users of the website with all necessary information regarding ARBITRARE’s processing of personal data and also inform data subjects about their rights.

 

2. PERSONAL DATA

Personal data is 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 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.

 

4. RESPONSIBLE FOR DATA PROCESSING

ARBITRARE is responsible for the processing of the personal data of users who browse this website and fill in the forms available here.

 

5. WHAT DATA IS COLLECTED

In addition to the duly specified cases which derive in particular from the navigation on this website, with the contours outlined below in the Cookies Policy, the following personal data may be collected and processed provided that the data subject took previous voluntary action to allow it: name, email, telephone and/or mobile phone number.

 

6. PURPOSE AND LEGAL GROUND OF PERSONAL DATA PROCESSING

ARBITRARE treats the personal data of users of its website in order to respond to questions or provide information to the users, namely in the cases where users fill in and send out the forms provided on this website or use an ARBITRARE e-mail address for this purpose.

The legal ground is legitimate interest in reply to requests from persons that fill in the ARBITRARE website forms with the relevant suitable correspondence.

 

7. RECORD RETENTION PERIODS

The users' personal data will be stored and kept as long as necessary for the purpose it was collected for, except in exceptional cases which may arise from the need to maintain a record of messages from a particular user.

 

8. TRANSFER OF PERSONAL DATA

The personal data of users of this website are processed exclusively by ARBITRARE and are strictly confidential meaning that it will not be transferred or in any way disclosed to third parties.

 

9. 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 is 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 if the processing of the data is necessary for compliance with legal obligations to which ARBITRARE is subject or when the processing is necessary for the purposes of declaring, exercising or defending a right in legal proceedings.
  • 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: the data subject shall have the right to object to processing of personal data concerning him or her, except when the processing is necessary within the conduction of the dispute resolution proceedings with ARBITRARE.
  • Right to withdraw consent: In cases where the processing of the data is based on your consent, you may withdraw your consent at any time. If you withdraw your consent, your personal data will no longer be processed, unless there is another lawful basis that permits processing.
  • 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 (CNPD).

If you wish to exercise any of these rights please contact us in writing, either by e-mail at geral@arbitrare.pt or by letter to Av. Eng.º Duarte Pacheco, Torre 2, Piso 8, Sala 9, 1070-102 Lisboa.

 

10. PERSONAL DATA SECURITY

ARBITRARE use 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 out data security (policy), or if you know of any improper situation, please contact us through any of the abovementioned channels.

 

11. ATUALIZATIONS OF THE PRIVACY POLICY

The current privacy policy may be subject to updates, wherefore ARBITRARE advises regular consultation of this policy.

Last update: 14 January 2019

 

 

PRIVACY POLICY (ONLINE DISPUTE RESOLUTION PLATFORM)  

 

1. INTRODUCTION

This privacy policy concerns users of the Online Dispute Resolution Platform (hereinafter referred to as “ODR Platform”) available through the ARBITRARE - Arbitration Centre for Industrial Property, Domain Names, Trade Names and Corporate Names (hereinafter referred to as “ARBITRARE”) website at www.arbitrare.pt.

ARBITRARE is committed to ensuring the privacy and the security of personal data of users of the ODR Platform, in accordance to 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 (RGPD) and other applicable legislation.

The purpose of this privacy policy is to provide users of the ODR Platform with all necessary information regarding ARBITRARE’s processing of personal data and also inform data subjects about their rights.

 

2. PERSONAL DATA

 Personal data is 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 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 (e.g., name, address, contact details, citizen’s card data, passport data, tax number, nationality);
  • Professional data (e.g., title, position, job description, company, office address);
  • Professional activity data (e.g., business activities, information about cases);
  • Invoicing and expenses data (e.g., fees, and other expenses).

The personal data categories listed above may belong to different categories of data subjects, such as clients, employees of corporate clients, counterparties, experts, arbitrators and mediators.

 

4. RESPONSIBLE FOR DATA PROCESSING

ARBITRARE is responsible for the processing of the personal data of users who register on the ODR Platform.

 

5. WHAT DATA IS COLLECTED

The personal data collected and processed to ensure secure authentication of users at the ODR Platform are the following:

  • Name;
  • E-mail address.

The data are processed when users create an account to register on the ODR Platform. The data are collected and stored in https:\\platform.arbitrare.pt.

In addition, the following personal data are collected and processed directly on the ODR Platform, through the filling of its electronic forms within the dispute resolution proceedings before ARBITRARE:

  • Name;
  • Contact details: geographic address (address, postal code, location and country) and e-mail address;
  • Tax identification number;
  • Language (portuguese or english).

There are also some personal data whose supply is optional, namely: mobile phone, telephone and IBAN.

The personal data collected through the electronic forms available on the ODR Platform are those determined by ARBITRARE Arbitration Rules and ARBITRARE Regulation for Procedural Costs, available for consultation at www.arbitrare.pt.

Personal data may also be contained in documents users attach to the file of the proceedings or provide at the request of ARBITRARE during dispute resolution proceedings.

 

6. PURPOSES AND LEGAL GROUNDS OF PERSONAL DATA PROCESSING

ARBITRARE processes personal data of users of the ODR Platform:

  • For authentication on the ODR Platform as an authorized user and therefore filing and granting access to the dispute resolution proceedings;
  • For all necessary purposes within the management of dispute resolution proceedings, namely contacts via online platform, e-mail, and/or telephone, notifications, clarification of questions or conduction of satisfaction surveys and evaluation of the service provided;
  • To fulfil a legal obligation to which ARBITRARE is subject.

The legal grounds are the provision of services of alternative dispute resolution, through mediation and/or arbitration, in matters of industrial property, domain names, trade names and corporate names, and the fulfillment of legal obligations.

 

7. RECORD RETENTION PERIODS

The users' personal data collected and processed within dispute resolution proceedings are stored and kept for a period of five years counting from its closure, after which they will be deleted.

Personal data which has been collected and processed for purposes of authentication of users on the ODR Platform is stored and kept until the data subject requests its elimination.

If a user completes a form on the ODR Platform but opts not to submit it, the system will automatically delete the draft six months after the user started filling in the form.

 

8. TRANSFER OF PERSONAL DATA

The personal data of users of the ODR Platform are processed exclusively by ARBITRARE and are considered strictly confidential, meaning that they will not be transferred or in any way disclosed to third parties, except if such information is necessary for the provision of the contracted services or in order to comply with legal obligations to which ARBITRARE is subject to.

The transmission of data to third-parties is made in accordance with the applicable legislation to 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, other 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.

 

9. 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 is 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 if the processing of the data is necessary for compliance with legal obligations to which ARBITRARE is subject or when the processing is necessary for the purposes of declaring, exercising or defending a right in legal proceedings.
  • 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: the data subject shall have the right to object to processing of personal data concerning him or her, except when the processing is necessary within the conduction of the dispute resolution proceedings with ARBITRARE.
  • 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 (CNPD).

 

If you wish to exercise any of these rights please contact us in writing, either by e-mail at geral@arbitrare.pt or by letter to Av. Eng.º Duarte Pacheco, Torre 2, Piso 8, Sala 9, 1070-102 Lisboa.

 

10. PERSONAL DATA SECURITY

ARBITRARE uses technical and organizational measures to protect the security and confidentiality of Personal Data of the users of the ODR Platform 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 out data security (policy), or if you know of any improper situation, please contact us through any of the abovementioned channels.

 

11. ATUALIZATIONS OF THE PRIVACY POLICY

The current privacy policy may be subject to updates, wherefore ARBITRARE advises regular consultation of this policy.

Last update: 12 February 2019

 

 

Cookies

Cookies Policy

 

Cookies are small text files which are downloaded to your computer, tablet or mobile phone when you visit a website or application. The website or application may retrieve these cookies from your web browser (eg Internet Explorer, Mozilla Firefox or Google Chrome) each time you visit, so they can recognise you, remember your preferences and provide you with a more secure online experience.

Generally, cookies are very useful and are a common method used by almost every website you visit because they help to make your online experience as smooth as possible. For security reasons, many websites will not function at all without the use of cookies (or other similar technologies, such as "web beacons" or "tags").

Cookies do not hold any information to identify an individual person, they only collect information about user preferences.

If you prefer, you can restrict, block or delete cookies by changing your browser settings but that may mean that the website wont work properly.

For more information about cookies and their impact on you and your browsing visit www.aboutcookies.org.

Cookie types

 

Essential cookies
These cookies are essential in helping you to make use of the features and services we offer on the https://www.arbitrare.pt website. Without these cookies, the services you want to use cannot be provided. These cookies do not gather information about you that could be used to identify you, and they do not monitor or remember where you have been on the internet.

Functionality cookies
These cookies allow us to provide you with a better online experience when you use our website. They do not gather or store any information which would allow us to identify you personally.

Analytical cookies
Analytical cookies help us to understand how our users use our website, so we can keep our  services relevant, easy to use and up to date. For example, we can see identify when and where errors occur, and test different versions of a page in order to provide an improved online experience. Sometimes, the services we use to collect this information may be operated by other companies on our behalf. They may use similar technologies to cookies, known as "web beacons" or "tags". These are anonymous and, as they are only used for statistical purposes, they do not contain or collect any information that identifies you.

 

Cookie management

Most internet browsers allow you to erase cookies from your computer hard drive, block all cookies (or just third-party cookies) or warn you before a cookie is stored on your device.
Please note, if you choose to block all cookies, our website will not function as intended and you will not be able to use or access many of the services we provide. If you have blocked all cookies and wish to make full use of the features and services we offer, you will need to enable your cookies. You can do this in your browser (see below).Rather than blocking all cookies, you can choose to only block third-party cookies which will still allow our website to function as intended.

Manage cookies on your PC
To enable cookies on our website, follow the steps below.

Google Chrome
Click "Tools" at the top of your browser and select "Settings".
Click "Show advanced settings", scroll down to the section "Privacy" and click "Content Settings."
Select "Allow local data to be set". To only acept first-party cookies, check the box next to "Block all third-party cookies without exception".

Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0
Click "Tools" at the top of your browser and select "Internet Options", then click the "Privacy" tab.
Check that the level of your privacy is set to Medium or lower, which will allow the use of cookies in your browser.
If set above medium level it will prevent the use of cookies.

Mozilla Firefox
Click "Tools" at the top of your browser and select "Options".
Then select the "Privacy" icon.
Click the "Cookies" and select "Allow pages to create a cookie."

Safari
Click the gear icon at the top of your browser and select "Settings".
Click the "Privacy" tab, then select the option "Disable the use of cookies by third parties and advertising cookies."
Click "Save"

 

Manage cookies on your Mac
To enable cookies on our website, follow the steps below.

Microsoft Internet Explorer 5.0 on OSX
Click on "Explorer" at the top of your browser and select "Settings".
Scroll down to the "Cookies" section in the "Received Files".
Select "Do not ask."

Safari on OSX
Click "Safari" on the top of your browser and select "Settings".
Click the "Privacy" and then "Enable cookies".
Select "only the pages you have visited".

Mozilla and Netscape on OSX
Click "Mozilla" or "Netscape" at the top of your browser and select "Settings".
Scroll down to the "Cookies" under "Privacy & Security".
Select "Allow cookies only to the original site".

Opera
Click "Menu" on the top of your browser and select "Settings".
Then select "Options" tab and the "Advanced".
Select "Enable cookies".