Last updated October 20, 2020

Thank you for choosing to be part of our community at Arbitrator Intelligence Inc., doing business as Arbitrator Intelligence (“Arbitrator Intelligence”, “we”, “us”, or “our”). If you have any questions or concerns about our Privacy Policy, or our practices with regards to your personal information, please contact us at info@arbitratorintelligence.com.

When a user (“you” or “user”) visits our website https://arbitratorintelligence.com/ (“Website”), completes an Arbitrator Intelligence Questionnaire (“AIQ”), orders a Report, and/or uses our services, you trust us with personal information. In this Privacy Policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Website and our services.

This Privacy Policy applies to all information collected through our Website, our AIQ and/or any related services, sales, marketing or events (we refer to them collectively in this Privacy Policy as the “Services”).

Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your personal information with us.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT FROM USERS OF OUR WEBSITE AND PURCHASERS OF OUR REPORTS?

2. HOW DO WE COLLECT INFORMATION THROUGH COOKIES?

3. HOW DO WE COLLECT INFORMATION FROM ARBITRATOR INTELLIGENCE QUESTIONNAIRE (“AIQ”) RESPONDERS?

4. HOW DO WE PROCESS INFORMATION ABOUT ARBITRATORS COLLECTED FROM AIQS?

5. HOW DO WE PROCESS INFORMATION PROVIDED BY AMBASSADORS AND APPLICANTS TO THE AMBASSADOR PROGRAM?

6. WHAT ARE YOUR PRIVACY RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (“GDPR”) AND HOW DO THEY APPLY TO YOUR USE OF THIS WEBSITE?

7. HOW DO WE COLLECT AND PROCESS PERSONAL INFORMATION?

8. WHO WILL YOUR INFORMATION BE SHARED WITH?

9. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

10. HOW LONG DO WE KEEP YOUR INFORMATION?

11. DATA BREACH

12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

13. DO WE MAKE UPDATES TO THIS PRIVACY POLICY?

14. HOW CAN YOU CONTACT US ABOUT THIS PRIVACY POLICY?

1, WHAT INFORMATION DO WE COLLECT FROM USERS OF OUR WEBSITE AND PURCHASERS OF OUR REPORTS?

a. Information automatically collected

We use Google Analytics as a web analytics provider. When you visit our Website, by default your web browser sends us a set of information that we collect automatically. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information.

This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. If you want more information about how Google Analytics collects and processes data, please visit the website “How Google uses data when you use our partners’ sites or apps” (located at www.google.com/policies/privacy/partners).

b. Information voluntarily disclosed

We collect personal information that you voluntarily provide to us when you create an account, submit a Contact Form, register to complete an AIQ, sign up as a Member or order a Report. The personal information that we collect depends on your interactions with our Website and our Services.

We use Flywheel as a hosting provider, and it is the data processor of the personal information submitted through these forms. Arbitrator Intelligence is the data controller of this information. For more information about Flywheel, please see its Privacy Policy and Customer Data Processing Addendum.

The personal information we collect can include the following:

  • Personal Information:We collect your first name, last name, current address, phone number and email addresses, including your business email address.
  • Account Information: We collect passwords, password hints, and similar security information used for authentication and account access.
  • Payment Data:We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and its security code. All payment data is stored by PayPal. You may find their privacy policy here.

By visiting our Website, registering as a user or ordering a Report you are giving us your consent to process your personal data for the purposes described below. We use the information we collect or receive:

  • To fulfill and manage your orders;
  • To protect our Services; and
  • To respond to user inquiries/offer support to users.

2. HOW DO WE COLLECT INFORMATION THROUGH COOKIES?

Cookies are temporary text files stored directly on your device. They allow us to collect various information, including technical information and information relating to your browser (search engine, connection time, pages visited, etc.). We also collect information through cookies to measure and report statistics about user interactions on our Website. You have the option to consent to or deny the use of cookies when you use our Website, however this may reduce the functionality of your use of our Website.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.

3. HOW DO WE COLLECT INFORMATION FROM ARBITRATOR INTELLIGENCE QUESTIONNAIRE (“AIQ”) RESPONDERS?

We use Qualtrics as a data processor of the information that is collected through the AIQs when a user chooses to complete an AIQ (“Responder”). Arbitrator Intelligence is the data controller of this information. Qualtrics does not sell or make your data available except as requested by a valid court order, search warrant, subpoena, or otherwise as agreed by the parties or required by law.

If a Responder wishes to make a complaint or inquiry about personal data that may have been collected by Arbitrator Intelligence using Qualtrics, such Responder should send an email to Arbitrator Intelligence at info@arbitratorintelligence.com. For more information about Qualtrics’s privacy policy and compliance with data privacy laws, please see its Privacy Statement and Terms of Service.

When you submit an AIQ, we automatically collect the following information:

  • Your IP address;
  • Information about the device you used (e.g. computer, smartphone, etc.), as well as information about your operating system, such as the type and version (e.g. Windows, Mac, Android, etc.);
  • The Internet browser you used; and
  • Your email address.

If you complete certain questions included in the AIQ, we may collect the following information:

  • Your nexus with one of the parties to the arbitration;
  • The country where your law firm or organization is located;
  • Your position in that law firm or organization;
  • Your opinion of the conduct of the arbitration; and
  • Your opinion of the performance of the arbitrators.

This information is collected to enable us to verify that the answers to the AIQs are from legitimate sources. This information is protected and handled with extreme confidentiality. It is not disclosed to anyone outside of Arbitrator Intelligence and its processors.

If you submitted an AIQ and you would like to withdraw your consent and/or ask us to eliminate some or all the information provided, please contact us at info@arbitratorintelligence.com.

4. HOW DO WE PROCESS INFORMATION ABOUT ARBITRATORS COLLECTED FROM AIQS?

When a Responder submits an AIQ, they provide information about the performance of arbitrators in a specific arbitration. This information is collected and processed by Arbitrator Intelligence and used to produce a Report about an individual arbitrator. Reports are sold on our Website.

We collect and process personal data about arbitrators collected from AIQs, completed by parties to an arbitration or their counsel, to meet our legitimate interests.

In accordance with Article 14 GDPR, providing notification to each arbitrator whenever Arbitrator Intelligence receives an AIQ containing information about the performance of that arbitrator in an arbitration would seriously impair the achievement of our data processing.

We therefore undertake to protect the rights and legitimate interests of our data subjects by publishing this Privacy Policy indicating how Arbitrator Intelligence processes the data collected via the AIQ and by providing notice to each arbitrator about whom we receive data in accordance with Articles 14 and 21 GDPR.

5. HOW DO WE PROCESS INFORMATION PROVIDED BY AMBASSADORS AND APPLICANTS TO THE AMBASSADOR PROGRAM?

The Ambassador Program is an initiative that unites members of the arbitration community who share the values of Arbitrator Intelligence. Arbitrator Intelligence collects the following information about Ambassadors with their consent: name, photograph, resume, email address, country of residence, affiliation and place of work. From time to time, the Ambassador Program accepts applications from candidates wishing to become Ambassadors. During the application process, the candidates consent to the collection by Arbitrator Intelligence of the following data: name, resume, email address, country of residence and place of work.

6. WHAT ARE YOUR PRIVACY RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (“GDPR”) AND HOW DO THEY APPLY TO YOUR USE OF THIS WEBSITE?

GDPR gives individuals in the European Economic Area enhanced rights over the use of their personal data. Part of the data that we collect will be aggregated on an anonymized basis for statistical purposes.

By registering as a user, applying to be an Ambassador, registering to take and submitting an AIQ, or buying a Report you are giving us your consent to process your personal data. This consent can be withdrawn at any time by contacting us at info@arbitratorintelligence.com.

a. Under GDPR, your rights include the following:

  • The right to withdraw your consent to the processing of your personal data at any time.
  • The right to be informed of what personal data we hold about you, how we obtained it and how long we intend to keep it.
  • The right to have your personal data rectified in the event that it is inaccurate or incomplete.
  • The right to request the erasure of your personal data (also called the right to be forgotten).
  • The right to restrict the processing of your personal data.
  • The right to data portability (i.e. transfer of your personal data to another organisation).
  • The right to be informed of any automated profiling (Please note that we will not process your personal data in this manner).

b. Protection of your personal information

We will take all reasonable and necessary steps to protect your personal data. We will not sell your personal data or transfer it to any third parties, other than our data processors who will be contractually bound to process your data only in accordance with our instructions and to keep your data secure. Data that is included in our Reports is collected and processed in pursuit of our legitimate interests, as addressed in this Privacy Policy.

If you are a resident of the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. For more information, please visit http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

In accordance with Article 12 GDPR, we will respond to your request as soon as possible and no later than one month from receipt of the request. Any request to exercise your rights to your personal data must be accompanied by a valid document proving your identity, otherwise your request cannot be processed. Your rights above can be exercised free of charge by contacting us at info@arbitratorintelligence.com.

7. HOW DO WE COLLECT AND PROCESS PERSONAL INFORMATION?

We collect and process personal data as follows:

  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  • Legitimate interests: We collect and use personal data in connection with our legitimate interests of being able to carry out our business activities. We will always seek to pursue these legitimate interests in a way that does not unduly infringe on any individual legal rights and freedoms and, in particular, any legal rights of privacy.

8. WHO WILL YOUR INFORMATION BE SHARED WITH?

We only share and disclose your information with the following third parties:

  • Hosting: FlyWheel;
  • Website analytics: Google Analytics;
  • Processor of information collected from AIQs: Qualtrics;
  • Payment application: PayPal.

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Legal Obligations. We may disclose your information when we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to requests from public authorities to meet national security or law enforcement requirements).

9. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

The servers of the hosting company of our Website are located in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information.

10. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

11. DATA BREACH

A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when Arbitrator Intelligence believes you are likely to be at risk of serious harm. In the event that Arbitrator Intelligence becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information Arbitrator Intelligence will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

13. DO WE MAKE UPDATES TO THIS PRIVACY POLICY?

We may update this Privacy Policy from time to time. The updated version will be effective as soon as it is accessible. If we make changes to this Privacy Policy, we will notify you by prominently posting a notice of the date of the latest version of this Privacy Policy at the top of this page of our Website. If you have questions or comments about this Privacy Policy, you may email us at info@arbitratorintelligence.com.

14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this Privacy Policy, you may email us at info@arbitratorintelligence.com.

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please email us at info@arbitratorintelligence.com. We will respond to your request within 30 days.