1. Purpose of This Notice
Evolance Arbitration acts as an independent counsel, secretary, and arbitrator and carries out related activities in connection with disputes or potential disputes submitted to arbitration and other dispute resolution mechanisms, both during their pendency and after their conclusion, including negotiation mediation, conciliation, court litigation, and dispute boards (“Proceedings”).

The activities of Evolance Arbitration as counsel and arbitrator may require the processing of personal data relating to arbitrators, mediators, adjudicators, experts, and others acting or potentially acting in similar roles (“Neutrals”), as well as tribunal secretaries, employees of arbitral institutions, parties, their authorized representatives and legal counsel, witnesses, and other individuals that may be identified or identifiable in any information processed during the Proceedings.

Evolance Arbitration acts as a controller of personal data for some of its activities as arbitrator. Other parties may also act as data controllers during Proceedings, for example, the parties, their authorized representatives or legal counsel, the arbitral institution, and other Neutrals. Evolance Arbitration is responsible only for the data processing activities it undertakes in its own function; the activities of other data controllers are not the subject of this Privacy Notice.

Where personal data relating to individuals with whom Evolance Arbitration has no direct relationship is provided, it is the responsibility of the submitting party to ensure those individuals have received adequate notice that their data is being processed for this purpose, and to comply with applicable data protection obligations.

This Privacy Notice may be updated from time to time. The current version is indicated by the date above.

2. Personal Data Collected
Depending on the circumstances, the following personal data may be obtained in the context of Proceedings in which Evolance Arbitration serves as arbitrator:

• Institutional Representatives
Name, contact details, and other information provided during the appointment process or in the context of Proceedings, including any challenge proceedings.

• Neutrals and Tribunal Secretaries
Name, contact details, financial information (including banking details), personal identification information (including passport information), and other personal data submitted by any participant in the proceedings or otherwise obtained from third parties or publicly available resources. This may include information about whether the individual is subject to economic sanctions or any other legal or regulatory impediment.

• Individual Parties, Authorized Representatives, and Legal Counsel
Name, contact details, financial information, personal identification information, and other personal data submitted by any participant in the proceedings or obtained from publicly available resources, including information about whether the individual is subject to economic sanctions or any other legal or regulatory impediment.

• Fact and Expert Witnesses
Name, contact details, financial information, personal identification information, and other personal data as described above; personal data included in witness statements or expert reports and any oral testimony given (which may be transcribed); and any other personal data submitted by any participant in the proceedings or obtained from publicly available resources.

• Other Individuals
Personal data submitted by a party, legal counsel, a Neutral, a tribunal secretary, or a representative of the institution, or otherwise obtained from third parties or publicly available resources in connection with Proceedings.

3. How Personal Data Is Used and on What Legal Basis

Depending on the circumstances, personal data may be processed for the following purposes:

• Neutrals and Tribunal Secretaries

To assess availability and suitability for appointment and continued service in Proceedings, including in response to challenges by parties, as necessary to further the parties’ legitimate interests in ensuring the integrity of the proceedings.
To remit funds or provide administrative information regarding appointments or the conduct of proceedings, as necessary for the performance of any agreement entered into.
To facilitate the general conduct of Proceedings, as necessary to further the parties’ legitimate interests in resolving their dispute efficiently and expeditiously.
Where necessary to meet legal and regulatory compliance obligations, including those relating to taxes, economic sanctions, and money laundering (“Legal Compliance Obligations”).

• Parties, Authorized Representatives, and Legal Counsel

To facilitate the general conduct of Proceedings, including communications and other administrative tasks, as necessary to further the parties’ legitimate interests.
Where an agreement has been entered into for services provided to an individual, to perform obligations and duties under that agreement.
Where necessary to meet Legal Compliance Obligations.

• Expert and Fact Witnesses

To facilitate the giving and examination of evidence in Proceedings, as necessary to further the parties’ legitimate interests in resolving their dispute efficiently and expeditiously.
Where necessary to meet Legal Compliance Obligations.

• Other Individuals

As necessary to further the parties’ legitimate interests in resolving their dispute and ensuring the proceedings operate efficiently and that the rights of the parties are respected.
Where necessary to meet Legal Compliance Obligations.

4. Special Categories of Personal Data

Data protection law provides heightened protection to certain categories of sensitive data, including information relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sex life or sexual orientation, or genetic or biometric data, as well as personal data relating to criminal convictions and offences.

Evolance Arbitration should be informed before any special category data is submitted. Receipt of such data is conditional upon either: (a) the processing being necessary for the establishment, exercise, or defense of legal claims; or (b) the express consent of the data subject having been obtained, proof of which may be required in advance of submission.

5. Sharing of Personal Data

Depending on the circumstances, personal data may be shared with:

Arbitral participants and others involved in Proceedings in which the data subject is also involved, including parties, legal counsel, other Neutrals, tribunal secretaries, witnesses, experts, court reporters, interpreters, and IT support;
Service providers such as third-party data hosting providers engaged in connection with the provision of arbitration services;
Professional advisors, financial institutions, or law enforcement agencies, where necessary to comply with Legal Compliance Obligations or where it is otherwise in the legitimate interests of Evolance Arbitration or another participant to do so;
Participants in relevant judicial, arbitral, or other such systems, to the extent necessary in the conduct of such matters.

6. International Data Transfers

The nature of Proceedings often requires the transfer of personal data to third countries. Where a recipient is not based in a jurisdiction providing an adequate level of data protection as determined by the relevant regulatory authority — including, in the case of EU/EEA data subjects, transfers outside the European Economic Area — such transfers are made in accordance with applicable legal obligations, for example where transfers are necessary to establish, exercise, or defend legal claims in connection with Proceedings, or where another lawful basis applies.

7. Data Retention

Personal data will only be retained for as long as is reasonably necessary in the circumstances. Retention periods vary depending on the category of data, taking into account legal and regulatory requirements, limitation periods for taking legal action, good industry practice, and the lawful basis on which the data is processed.

8. Your Rights

Depending on the circumstances and applicable law, data subjects may have the following rights in relation to their personal data. Please note that some of these rights are subject to exceptions that may apply in the context of Proceedings.

Request access to personal data and obtain a copy of it;
Have inaccurate or incomplete personal data corrected;
Request erasure of personal data where there is no good reason for its continued use or retention, unless processing is necessary for the establishment, exercise, or defence of legal claims;
Request restriction of the processing of personal data, unless processing is necessary for the establishment, exercise, or defense of legal claims;
Withdraw consent where processing is based on consent;
Object to processing based on legitimate interests, unless overriding legitimate grounds for the processing exist;
Request portability of personal data that has been directly provided, in certain circumstances; and
Lodge a complaint with the relevant data protection authority.
Where personal data was submitted in the context of Arbitral Proceedings, concerns may first be raised with the party that originally submitted it before contacting Evolance Arbitration directly.

9. Contact

To exercise any of the above rights, or for any questions about this Privacy Notice or the processing of personal data, please contact:

Víctor M. Barrera Quintanar

Evolance Arbitration

Email: vbarrera@evolancearb.com