This privacy notice explains how Delos Dispute Resolution collects and uses data from users of its websites and other services. The Delos Dispute Resolution websites are as follows: https://delosdr.org/ and https://member-delosdr.org/.

Delos Dispute Resolution is the data controller in respect of personal information provided to us. This Privacy Policy was last updated on 19 January 2021.

Collection of information by Delos Dispute Resolution

You are not required to provide any personal information in order to consult any of the Delos Dispute Resolution websites.

When browsing our website, you will see a notification about cookies. A cookie is a small computer file, a tracker. It enables the analysis of user behaviour when visiting a website, reading an e-mail, installing or using a software or mobile application. We use cookies in order to know and analyse the aggregated audience of our websites. When a user connects to our websites, he/she can refuse cookies by changing his/her browser settings for this purpose.

You may, additionally, provide Delos Dispute Resolution information:

  1. by electing to contact us by sending an email to info@delosdr.org, in which case we will collect your email address and any other personal information that would be contained in your email (e.g., title, family name, first name, organisation);
  2. by subscribing to our newsletter or registering for events. In such cases, the information collected are (i) identification data (title, family name, first name), (ii) demographic data (country of residence), (iii) contact data (email address and phone number), and (iv) professional data (current occupation, organisation, activity);
  3. by taking part in a Delos arbitration, either as claimant, respondent, or in any other quality. In such case, the information provided are (i) identification data (title, family name, first name), (ii) demographic data (country of residence), (iii) contact data (email address and phone number), and (iv) professional data (current occupation, organisation, activity);
  4. by registering in our database of potential arbitrators. In such case, the information provided are all the information listed in the Arbitrator Network Registration Form, which is to be completed at the following address: https://member-delosdr.org/members/admin-delos/profile/;
  5. by applying for a job or internship with Delos Dispute Resolution, in which case the information provided is the information contained in documents you send (resume, cover letter, etc.);
  6. by taking part in the working group of the Delos Guide to Arbitration Places. In such case, the information provided are (i) identification data (title, family name, first name), (ii) demographic data (country of residence), (iii) contact data (email address and phone number), and (iv) professional data (current occupation, organisation, activity);
  7. by enquiring about or making a booking through Delos Dispute Resolution for hearing services. In such cases, the information collected are (i) identification data (title, family name, first name), (ii) demographic data (country of residence), (iii) contact data (email address and phone number), and (iv) professional data (current occupation, organisation, activity).

Purpose of data collection

Under applicable laws and regulations, data processing is lawful only if and to the extent that one of the following legal bases applies:

  1. Consent: you have given consent to the use of your information;
  2. Contract performance: your information is necessary to enter into or perform a contract with you;
  3. Legal obligation: your information is necessary to comply with our legal obligations;
  4. Legitimate interests: your information is necessary to pursue a legitimate interest.

Any data collection by Delos Dispute Resolution is based on prior consent and/or legitimate interest.

Collection of information for the purpose of administering and performing our legal services – including to carry out our obligations arising from dispute resolution services, are also based on contract performance or the existence of a legal obligation.

We will use your information only to contact you and to provide you with the information that you have requested or that are necessary to carry out our contractual or legal obligations.

Data retention

Delos Dispute Resolution will retain your personal information only for as long as it is necessary to complete the operations for which your information has been collected or until you request to no longer receive communication from us, in accordance with applicable laws and regulations.

When you submit an enquiry to Delos Dispute Resolution via our email address info@delosdr.org, the details of your enquiry may be stored by Delos Dispute Resolution in our email archives.

All documents in relation to arbitration proceedings administered by Delos Dispute Resolution (e.g., awards, terms of reference, procedural orders, correspondence of the Secretariat) will be archived.

Personal data related to payments is stored for 10 years. Thereafter, it will be securely deleted, unless Delos Dispute Resolution is obligated to retain it for the purposes of any legal proceedings or to comply with any legal obligations.

Your rights

The collected information is necessary for your registration and, more generally, for the purposes described above. It is subject to data processing at Delos Dispute Resolution. In application of the French ‘Data Protection’ law No. 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004 and the 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, and repealing Directive 95/46/EC (GDPR), you will benefit from the right to access, rectification, erasure, restriction processing, object to the processing, portability, unsubscribing and lodging a complaint.

If you wish to exercise these rights and obtain all relevant information, please contact us at info@delosdr.org.

  • Right of access

You have the right to obtain from the controller, confirmation as to whether or not your personal data is being processed, and, where that is the case, access to your personal data and the following information:

  1. the purposes of the processing;
  2. the categories of personal data concerned;
  3. the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations;
  4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  6. the right to lodge a complaint with a supervisory authority;
  7. where the personal data is not collected from you, any available information as to it source;
  8. subject to the conditions provided by the GDPR, the existence of automated decision-making.

Where personal data is transferred to a third country or to an international organisation, you shall have the right to be informed of the appropriate safeguards relating to the transfer.

The controller shall provide a copy of the personal data undergoing processing. For any further copies you may request, the controller may charge a reasonable fee based on administrative costs.

The right to obtain a copy shall not adversely affect the rights and freedoms of others.

  • Right to rectification

You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

  • Right to erasure (‘right to be forgotten’)

You shall have the right to obtain from the controller the erasure of personal data without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  1. the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
  2. you withdraw your consent;
  3. you object to the processing on grounds relating to your particular situation including profiling and there are no overriding legitimate grounds for the processing, or you object to the processing for direct marketing;
  4. the personal data has been unlawfully processed;
  5. the personal data has to be erased for compliance in accordance with European Union or French law.

Where the controller has made the personal data public and is obliged to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of the personal data.

The right to erasure shall not apply to the extent that processing is necessary for:

  1. exercising the right of freedom of expression and information;
  2. compliance with a legal obligation to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing;
  4. the establishment, exercise or defence of legal claims.

 

  • Right to restriction of processing

You shall have the right to obtain from the controller restriction of processing where one of the following applies:

  1. you contested the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you oppose the erasure of the personal data and requests the restriction of its use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defence of legal claims;
  4. you have objected to processing on grounds relating to your particular situation including profiling pending the verification of whether the legitimate grounds of the controller override yours.

Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

When you have obtained restriction of processing, you shall be informed by the Controller before the restriction of processing is lifted.

  • Notification obligation regarding rectification or erasure of personal data or restriction of processing

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform you about those recipients if you request it.

  • Right to data portability

You shall have the right to receive personal data which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where:

  1. the processing is based on consent; and
  2. the processing is carried out by automated means.

In exercising your right to data portability, you shall have the right to have your personal data transmitted directly from one controller to another, where technically feasible.

The exercise of your right to data portability shall be without prejudice to the right of erasure. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

The right to data portability shall not adversely affect the rights and freedoms of others.

  • Right to object

You shall have the right to object, on grounds relating to your particular situation, at any time to processing which is based on legitimate interests. The controller shall no longer process your personal data, unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data is processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

At the time of the first communication with you, your rights shall be explicitly brought to your attention of the data subject and shall be presented clearly and separately from any other information.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data is processed for scientific or historical research purposes or statistical purposes, you, on grounds relating to your particular situation, shall have the right to object to processing of your personal data, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

  • Right to object to automated individual decision-making, including profiling

Delos Dispute Resolution does not use automated individual decision-making, including profiling.

It is however reminded that, should it be the case, you shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

This right shall not apply if the decision:

  1. is necessary for entering into, or performance of, a contract between you and the data controller; or
  2. is authorised by European Union or French law and lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
  3. is based on your explicit consent.

In the cases referred to in sub-paragraph (i) and (iii) above, the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

  • Right to unsubscribe

If you no longer wish to receive communications from Delos Dispute Resolution, you may opt out by cancelling your subscription through the link sent in each email you receive from Delos Dispute Resolution, or by sending an email to info@delosdr.org.

  • Right to lodge a complaint with the supervisory authority

You may contact the French Commission Nationale Informatique et Libertés (CNIL) to lodge a complaint. The CNIL may be contacted at the following email address: https://www.cnil.fr.

Transfer of data

In order to process your query, we may be required to share your information with Delos DR Services Ltd. (incorporated in the United Kingdom under registration number 12109595) and LONDAP Ltd. (incorporated in the United Kingdom under registration number 12109544). Personal data will be used only by Delos Dispute Resolution, Delos DR Services and LONDAP Ltd. and, unless otherwise specified at the time of collection, will not be disclosed to third parties for any reason whatsoever.

The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA), including in the United States. It may also be processed by staff operating outside the EEA working for us. These staff may be engaged in, among other things, the fulfilment of your request, the processing of your payment details and the provision of support services. By submitting your personal data, you expressly agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this privacy policy.

The transfer of personal data to, and storage at, a destination outside the European Economic Area (EEA) may result from the use of plug-ins inserted in our websites. These plug-ins are in relation to, without limitation, the following service providers: AWeber; Google Analytics; LinkedIn; Microsoft; Paid Membership Pro; Stripe; and WooCommerce.

Links to other websites

Our websites may contain links to or from a number of third-party websites. Delos Dispute Resolution does not, in any way, control or operate websites of third parties. Delos Dispute Resolution is not responsible for the privacy practices, content, policies or actions of these third-party websites. This privacy notice is only applicable to general information processed by the Delos Dispute Resolution, pursuant to information collected on its websites. The use of any information you may provide to third parties, or which such parties may otherwise collect on other websites, is not governed by this privacy notice.

Confidentiality and Security

Delos Dispute Resolution acknowledges that the information you provide may be confidential. Delos Dispute Resolution will maintain the confidentiality of your information and protect it in compliance with all applicable laws.

Copyright & Credits

Unless otherwise stated explicitly, all information contained on the Delos Dispute Resolution websites, including the blog posts, is protected by copyright and may not be used without the written prior consent of Delos Dispute Resolution.

The Delos Dispute Resolution websites and the artwork were developed by Anna Senno / UNDENI.

Updates to Privacy Policy

To the extent permitted by applicable law in your jurisdiction, Delos Dispute Resolution may, from time to time, revise or update this privacy notice. You agree to be bound by such modifications or updates. If we make material revisions to the way we collect or use your personal information such that we are using it for purposes that you have not consented to, we will notify you of the changes and, as the case may be, ask for your explicit consent.

Any changes to this privacy notice will become effective upon posting of the revised privacy notice on the Internet, accessible through the Delos Dispute Resolution websites. By continuing to use the Delos Dispute Resolution websites following such changes, you will be deemed to have agreed to such changes.

Contact Information

Questions, comments and requests regarding this privacy policy or your personal data should be addressed to: info@delosdr.org.

©2021 Delos Dispute Resolution

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