JLIU DISPUTE RESOLUTION GENERAL PRIVACY NOTICE (June 2022)
This Privacy Notice describes how JLIU Dispute Resolution Services Limited (“JLIUDR”) processes personal data in the context of the services we provide.
JLIUDR processes personal data to carry out the business administration of the professional activities of Mr. Joe Liu (the “Principal”). The Principal carries out services as an independent arbitrator, tribunal secretary and domain name panelist in Hong Kong (the jurisdiction in which the Principal is established), as well as in overseas jurisdictions.
JLIUDR processes personal data in three principal categories:
(a) General personal data relating to enquiries or instructions that we receive, such as contact details and other attributes of individuals relevant to those enquiries or instructions, fee information and other information that is necessary for the management of our cases or other matters and clients or for the management of our business (“Management Data”);
(b) Activities intended to promote JLIUDR and the Principal; (“Promotional Data”); and
(c) Specific personal data relating directly to a case or other matter on which the Principal is acting which is processed in relation to the conduct of such case or other matter (“Case Data”);
If you have any questions about this Notice, how JLIUDR or the Principal treats your personal data, or wish to exercise any of your data subject rights, please refer to the details found at the end of this Notice. This Notice may be updated from time to time.
1. Information we collect from you
We will collect and process the following data about you:
1.1. Personal data you give us.
This is information about you that you give us about yourself, for example by corresponding with us by phone, e-mail or submission via our website, providing business card, or by providing us with documents and other materials. This includes, for example, information about yourself you provide when attend one of our events, provide instructions to us, or provide Case Data in the context of an arbitration.
The information you give us may include your name, address, e-mail address and phone number, details regarding your professional qualifications, field of interest, employment status, or information relating to your matter or enquiry, including the Case Data that you provide includes all the information related to those who can be identified from the pleadings, witness statements, evidence and other material you present as part of your case.
If you provide any information about any other individuals such as colleagues or people involved in a legal matter (for example if you are a solicitor or another person involved in a matter) or where individual data subjects are identifiable from the information your provide to us, you are responsible for ensuring that such data subjects have been provided with adequate notice as required by the relevant data protection law (for example, the General Data Protection Regulation (GDPR in the EU).
1.2. Information we collect about you.
We may collect information about you in the context of our business activities, including sources available over the internet including your company’s website, social media such as LinkedIn, Facebook, Twitter and Instagram.
1.3. Information we receive from other sources.
This is information we receive about you from sources other than directly from yourself, which may include solicitors, institutions or other arbitrators involved in a case in which you are involved, witnesses, and individuals identifiable from the documents or materials submitted to us. As mentioned, we will process personal data included in the arbitration files of the Principal.
2. Purposes for which we may process your personal information
Depending on the circumstances, we may process your personal data in the following ways:
2.1. Management Data
Management Data is used for the management of JLIUDR and the practice of the Principal, for conflict checking and for other general purposes relating to the business of JLIUDR, including to:
– Maintain information about individuals who may be available to act as arbitrators in cases in which the Principal is appointed;
– Carry out our obligations arising from any contracts entered into between you and the Principal and to provide you with the information and services that you request from us, which will involve processing Management Data;
– Undertake our own legal and risk management purposes; and
– To notify you about changes to our services
2.2. Promotional Data
Promotional Data is used to promote JLIUDR and the Principal, including the holding of events and other activities.
2.3. Case Data
Case Data is used by JLIUDR and the Principal to provide services with to respect to the cases in which the Principal serves as arbitrator, tribunal secretary or domain name panelist.
3. Lawful basis for the Processing of your Personal Data
Depending on the circumstances, JLIUDR processes your personal based on the following lawful bases:
3.1. Where we have entered into a contract with you, we process your personal data as required to perform that contract, or to take steps at your personal request prior to entering a contract;
3.2. Where we have asked for and received your express consent to process your personal data;
3.3. Where we have not entered into a contract with you or asked for your express consent, we process your personal data as necessary for our legitimate interests in the management, promotion and provision of the Principal’s services or the legitimate interests of a third party, provided that your fundamental rights and freedoms do not override those interests.
4. Special categories of Personal Data
Data protection laws provide special protection to sensitive data, which may also be referred to as special category data, and to personal data relating to criminal convictions and offences.
Special categories of personal data include information as 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.
Please inform us before presenting us with special category data. It is a condition of our receiving such information that:
– the processing of such data is necessary for the establishment, exercise or defence of legal claims; or
– Express consent has been obtained from the data subject for JLIUDR to process that data for the purposes for which it is presented, proof of which may be required in advance of submission.
Please note that personal data relating to criminal convictions and offences cannot be processed except under very limited circumstances and must be approved in advance of submission.
5. Sharing of your Personal data
Depending on the circumstances in which we your personal data, we may share it with:
– the Principal;
– Credit reference agencies for the purpose of assessing your credit score where we require this before entering into a contract with you or during the course of our provision of services to you;
– Suppliers and sub-contractors for the performance of our services;
– Service providers such as third-party data hosting providers, IT support, and event planners;
– Third parties including professional advisors or law enforcement agencies; or
– If we are under a duty to disclose or share your personal data in order to comply with any legal obligation (including as relates to sanctions), or with third parties in order to enforce or apply the terms of any agreement or policy to which the Principal or JLIUDR is a party, or to protect the rights, property, or safety of the Principal, JLIUDR or others. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction or similar activities.
Case Data (only)
– With other participants in the proceedings in which you are involved including the party’s representatives, legal counsel, other arbitrators, any tribunal secretary, witnesses, and experts
– With others engaged to support the proceedings in which you are involved, including for example court reporters, interpreters and IT support
– With participants in relevant judicial, arbitral or other such systems, to the extent necessary in the Principal’s conduct of such matters.
6. Data Transfer
Special rules govern the transfer of personal data to third countries, which in the case of the GDPR means outside the European Economic Area (EEA).
The Principal is appointed to serve in arbitration or domain name proceedings, the nature of proceedings often requires us to transfer Case Data to third countries in connection with the administration of proceedings in which you are involved, including when any other participant in the proceeding is established outside the EEA and is not otherwise subject to EU data protection law.
7. Data Retention
We will only keep your personal data 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 practice and the lawful basis on which it is processed. In determining how long we retain your information we may take into consideration the following criteria: our legal obligations, claim limitation periods, good industry practice, the guidance of relevant authorities and bodies in the jurisdictions in which we operate (such as the Hong Kong Inland Revenue Department), and also tax, accounting, health and safety, and employment rules, guidance and practice.
8. Your Rights
Depending on the circumstances, you may have a number of rights regarding your personal data.
However, these rights are subject to a number of exceptions that may be applicable during an arbitration.
Your rights may include the following:
– request access to your personal data and obtain a copy of it;
– correct your personal data where it is incomplete or inaccurate;
– have your personal data erased where there is no basis for us to continue to use or retain it, but this right does not apply where the processing is necessary for the establishment, exercise or defence of legal claims;
– request that your personal data is used only for restricted purposes but this right does not apply where the processing is necessary for the establishment, exercise or defence of legal claims;
– object to your personal data being processed if the lawful basis for processing is based on legitimate interests under certain circumstances;
– withdraw your consent if consent if the lawful basis for processing is based on your consent; and
– to lodge a complaint with a data protection authority.
9. Contact Details
If you wish to exercise any of your rights, or if you have any questions about this Notice, how we treat your personal data, or wish to exercise any of your data subject rights, you can contact us as follows:
By email: firstname.lastname@example.org
Please note that if your personal data has been submitted in the context of an arbitration or domain name proceeding, you may want to contact the party that submitted it first to raise any questions or concerns about the processing of your data.
Date: 15 June 2022