INDIAN COUNCIL OF ARBITRATION (ICA)
At the Indian Council of Arbitration (ICA), we recognize the importance of protecting your personal information and are committed to responsibly collect, use, store, disclose or process any personal data/information provided by you, in compliance with applicable data protection laws and regulations. As an apex arbitral institution of the country, ICA priorities transparency and fairness in all aspects of its services.
- COLLECTION OF PERSONAL DATA BY ICA
A.1. For the efficient provision of our services, which include our dispute resolution mechanism, infrastructure facilities, trainings, conferences, webinars and publication of newsletters, we collect the following categories of personal information/data:
- Identification and background information such as name (including name prefix or title), photograph, date of birth, gender, relationship to a person, ID proof;
- Demographic data such as nationality, country of residence, permanent address, postal address/place of residence, address proof, preferred languages;
- Contact information such as email address(es) and mobile number(s);
- Professional information such as membership details, financial details, education and employment history, job title/designation, curriculum vitae, main areas of interest/specialist competence, business affiliations;
- Information you provide to us for the purpose of attending meetings, conferences and events including access and dietary requirements;
- Financial and Payment related data such as credit/debit card details, UPI ID, bank account details etc.;
- Case management information and/or materials submitted/generated during arbitral proceedings;
- Audio-Visual data such as photographs or recordings of any of our events, conferences, seminars, lunches.
A.2. The collection of personal data is limited to such data as is strictly necessary for the purpose of providing the aforementioned services and/or to the purposes described hereunder in Section C of this Policy.
A.3. We may also automatically collect certain information, through cookies, web logs, and other embedded tracking technologies when you visit this and other affiliate website(s) of ICA. These tools collect certain standard information such as the Internet Protocol (IP) address of the device used to access the website(s), browser-type, broad geographical location and other information relating to browser interaction with the website. The collection of this information enables us to better understand the visitors who access this website and enhance the quality and relevance of the data available on our website.
A.4. You may note that most web browsers allow some control of cookies through the browser settings. You can set up your browser to, for example, stop accepting new cookies, get a message when you get a new cookie, disable existing cookies, and omit pictures.
- STORAGE & RETENTION OF PERSONAL DATA BY ICA
B.1. Any personal information/data collected by us is stored securely at our offices and/or on our secure networks and servers. Access to our storage servers is restricted only to those employees and partners/affiliates, who are entitled to access our systems.
B.2. Depending on the circumstances, the personal data that we collect from you may be transferred to, and stored at, a destination outside India. It may be processed by one of our service providers overseas. By providing your personal data, you agree to this transfer, storing or processing.
B.3. We will retain any personal information/data collected from you for only as long as is reasonably necessary to fulfill the purpose for which it is collected. However, the retention period of the data may vary depending on the nature of information/data, why it was collected and processed, any legal/regulatory/tax/accounting requirements, limitation periods for taking legal action in case of a dispute, good practices and relevant operational retention requirements.
B.4. Please also note that since we function as an arbitral institution, our requirement to retain case information intact often means that we are obligated to retain case-related personal information for long periods.
- PURPOSES OF USE OF PERSONAL DATA BY ICA
C.2. Most commonly, we will use your personal data in the following circumstances and ways:
- To facilitate the general conduct of ICA proceedings, including communications with and between the parties, administrative tasks and case management;
- To facilitate appointment of arbitrators by maintaining a database, determining suitable candidates, ensuring no conflict of interests arise and maintaining the integrity of ICA proceedings;
- For the purposes of recruitment;
- To meet our legal and regulatory compliance obligations;
- To promote our services and to keep our members and stakeholders informed with what is happening at ICA through newsletters, publications, legal updates and details of events;
- To facilitate training sessions and conferences/webinars between different stakeholders;
- To notify you about any changes in our rules and practices.
- DISCLOSURE OF YOUR PERSONAL DATA BY ICA
D.1. We may engage third party companies and individuals to perform services on our behalf (e.g.: IT service providers, delivery services, database management, professional transcribers, auditors etc.). These third parties may be provided access to your personal information/data. If they do, this access is so provided so that they may perform these tasks on our behalf and as per our instruction/in accordance with contractual agreements with them and they are not authorised by us to otherwise use or disclose your personal information, except to the extent required by law.
D.2. In addition, if you choose to participate in any of our programs/conferences or receive certain content we make available (e.g. training sessions/webinar programs etc.), we may share your personal data/information with participating sponsors, content providers and related vendors in connection with such programs and content, and by providing any personal data/information to us, you fully understand and unambiguously consent to the transfer, processing and storage of such information in this manner.
D.3. We may also disclose your personal data/information available to law enforcement personnel and agencies, if required by law or a judicial or governmental order or summons.
- SECURITY OF YOUR PERSONAL DATA
E.1. It is our continuous and fullest endeavor to protect the security of your personal data/information. We have implemented industry-standard technical and organizational security protocols, procedures and best practices to ensure the security and safety of your personal data and reduce the risk of accidental destruction/loss and/or unauthorized disclosure/access/alteration/modification of any personal data collected by us. We further take all precautions to ensure that access to your personal data is limited to such affiliates, employees, agents, contractors and/or other third parties, which are considered necessary for the purpose. All such affiliates and/or third parties will only process your personal data on our explicit instructions and are subject to a duty of confidentiality.
E.2. However, no server, computer or communications network or system, or data transmission mechanism can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or through the use of this website or any of the services. In the event that we believe that there has been a security breach involving your personal data, we would endeavor to notify you promptly in accordance with applicable law.
E.3. We are not liable, in any manner, for any data breach that we could not have reasonably anticipated and/or was not responsible for, including theft or corruption of online and offline data maintained by us.
E.4. We recommend you take every precaution in protecting your personal information when you are on the Internet and otherwise. For example, change your passwords often, use a combination of letters and numbers when creating passwords, enable multi-factor authentication, make sure you use a secure browser and network, keep your software updated to the latest security release versions and utilize data loss prevention technologies.
- YOUR RIGHTS OVER YOUR PERSONAL DATA
You are entitled to all such rights as have been accorded to you as the owner of your personal data/information under the applicable law and regulations, with such reasonable limitations as provided under the law.
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