This privacy notice explains how Delos Dispute Resolution collects and uses data from users of its websites and other services on behalf of itself and the Paris Arbitration Centre. The relevant websites are as follows: https://delosdr.org/, https://member-delosdr.org/ and https://hearings.paris
Delos Dispute Resolution is the data controller in respect of personal information provided to us. This Privacy Policy was last updated on 25 October 2023.
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:
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:
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 (for example via our email address info@delosdr.org) or the Paris Arbitration Centre, 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.
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:
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.
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.
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:
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:
You shall have the right to obtain from the controller restriction of processing where one of the following applies:
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.
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.
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:
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.
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.
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:
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.
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.
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 Paris Arbitration Centre S.A.S. (incorporated in France under registration number 919 301 739). Personal data will be used only by Delos Dispute Resolution, Delos DR Services Ltd. and Paris Arbitration Centre S.A.S. 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; LearnDash; LinkedIn; Microsoft; Paid Membership Pro; Stripe; WooCommerce; and Xero.
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 and/or the Paris Arbitration Centre.
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.
Effective as of 25 October 2023
Welcome to the websites of Delos Dispute Resolution, Delos members and Paris Arbitration Centre (the “Websites”).
Delos Dispute Resolution (“Delos”, “we” or “us”) is an independent arbitral institution established in 2014 to respond to the needs of businesses globally for time and cost efficiency in the resolution of disputes through arbitration. These terms of use, together with our Privacy Notice, which is hereby incorporated by reference (collectively, these “Terms of Use”) govern your use of the Websites.
Please read these Terms of Use carefully before using the Websites, registering for Delos membership, signing up to receive newsletters from Delos or arranging a hearing with the Paris Arbitration Centre.
By accessing the Websites or by clicking to agree to these Terms of Use when the option is made available to you, you accept and agree to be bound and abide by these Terms of Use, including our Privacy Notice. If you do not agree to these Terms of Use, including the Privacy Policy, please do not register for Delos membership or use the Websites.
Certain parts of the Delos website are made available only to Delos members on a password-protected basis. You must register to become a member of Delos. Viewing and use of public pages of the Websites is not restricted to Delos members.
1. Delos Memberships
Membership of Delos may be either on a free basis (“Free Membership”), on a monthly basis (“Monthly Membership”) or on an annual basis (“Annual Membership”). The benefits for each type of membership are set out at https://member-delosdr.org/membership-account/membership-levels/.
2. Registration as a Delos member and Account Security
To become a member of Delos, you must fill out a membership application and, where relevant, make payment of the applicable fees.
When you register to become a Delos member, you will be asked to provide certain information, including your name, contact details, credit card details and certain professional information. Please ensure that all such information is correct, current and complete, and that you notify us of any changes to such information by updating your online member profile. Our use of the information that you provide to us is governed by the Privacy Notice.
Your membership is personal to you and your login details should not be shared with anyone else. Please keep your username and password confidential and please notify us immediately of any unauthorised use of your username or password or any other breach of security.
3. Billing and Cancellation
Delos may change its membership benefits and the price of membership from time to time; however, any price changes or reduction to your membership benefits will not apply until your next membership anniversary, in case of renewal of your membership.
Renewal and payment of Annual Memberships take place automatically until you cancel your membership, and you will receive a renewal reminder 30 days prior to payment having to be made. Renewal and payment of Monthly Memberships take place automatically until you cancel your membership, and no reminder is sent. Membership payments are not refundable.
In case of cancellation of your Annual or Monthly membership, you will continue to be able to enjoy its benefits until the end of the current billing period, at which point your membership will become a Free Membership. You can write to us at member@delosdr.org if you wish to cancel your Free Membership.
4. Limited Licence
Delos grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Websites and their contents solely for your personal use in accordance with these Terms of Use. This license entitles you to print or download one copy of a reasonable number of pages of the Websites for your own use, without any further reproduction, publication, or other distributions.
5. Limitations on Use
You agree not to use the Websites:
Delos reserves the right to remove any content that violates the foregoing.
6. Not Legal Advice
Content on the Websites is not intended to and does not constitute legal advice, and no attorney-client relationship is formed, nor is anything submitted to the Websites treated as confidential unless otherwise specified in these Terms of Use.
7. Intellectual Property Rights
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license under copyright or other intellectual property rights. You agree that the Websites and their contents, features, and functionality are owned by Delos, its licensors, or other providers of such material and are protected by intellectual property laws, including copyright and trademark laws.
8. Withdrawal
Delos members are provided online content on a non-physical support within the meaning of Article L. 121-21-8 of the French Consumper Code. Accordingly, monthly Members and Annual Members expressly waive the right to withdraw from membership within 14 days from the conclusion on the contract.
9. Termination
If you are a Delos member, we reserve the right for any violation by you of these Terms of Use to suspend or terminate your membership and cancel your use of or deactivate your membership immediately and without notice to you.
Upon termination, suspension, deactivation or cancellation of your Delos membership for a violation by you of these Terms of Use, we will remove you from the membership directory within a reasonable time and you may not use or attempt to use the password-protected portions of the Website thereafter.
10. Advertisers
The Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted or approved for inclusion on the Websites is accurate and complies with applicable laws. Delos is not responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
11. Disclaimer
Delos does not represent or warrant that the Websites or their content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible.
Delos does not warrant or represent that the content available on or through the Websites will be correct, accurate, timely, complete, available, or otherwise reliable. Delos disclaims all representations and warranties whether express, implied or statutory, including, but not limited to, warranties of non-infringement, satisfactory condition or quality, merchantability and fitness for a particular purpose, with respect to any services, or other materials or information provided by Delos.
Third-party content may appear on the Websites or may be accessible via links from the Websites. The information and opinions in any third-party content is neither endorsed by nor does it reflect the opinions of Delos, its officers, members, employees or agents.
12. LIMITATION OF LIABILITY
TO THE EXTENT PERMISSIBLE BY LAW, DELOS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY CONTENT, TRAINING OR PROGRAM ON OR AVAILABLE THROUGH THE WEBSITES. DELOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITES OR SUCH CONTENT, TRAINING OR PROGRAM.
13. Indemnification
You agree to indemnify, defend and hold harmless Delos, and its officers, members, employees, agents, licensors, suppliers, and any third-party content providers to the Websites, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, that result from or relate to any violation of these Terms of Use by you, or of any intellectual property or other right of any person or entity, whether by you or by any person using your credentials.
14. Third Party Rights
The provisions of paragraphs 8 (Disclaimer), 9 (Limitation of Liability), and 10 (Indemnification) are for the benefit of Delos and its officers, members, employees, agents, licensors, suppliers, and any third-party content providers to the Websites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. Remedies for Violations
Delos reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet Protocol address to the Websites and their features.
16. Severability
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
17. No waiver
No waiver of any provision of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
18. Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of France. All disputes arising from or in connection with these Terms of Use shall be exclusively and finally resolved by arbitration, confidentially, in accordance with the UNCITRAL Arbitration Rules in force on the date of commencement of the arbitration, with the Delos Board of Advisors to act as the appointing authority to the extent that it is willing to do so. The seat, or legal place, of arbitration shall be Paris, France, but the parties agree to hold hearings (if any) in any suitable location and/or by any suitable means of simultaneous communication. The arbitral tribunal shall consist of one arbitrator. The language of arbitration is to be English. The arbitrator has an express duty to determine the dispute fairly, expeditiously and at proportionate cost.
19. Amendments
Delos reserves the right to change the content on or functionality of the Websites or to discontinue the Websites in its sole discretion and without notice and Delos reserves the right to amend these Terms of Use at any time, as it deems appropriate. Amended versions of these Terms of Use will appear on the Websites and are effective immediately upon posting. You are responsible for regularly reviewing these Terms of Use. By maintaining and renewing your membership or by continuing use of the Websites after any such changes you consent to such changes. If, at any time, you choose to no longer be bound by these Terms of Use, including following any such amendment, you must stop using the Websites and immediately contact Delos about canceling your Delos membership, if applicable.
20. Contact Us
If you have any comments or questions regarding your membership or these Terms of Use or wish to report a violation of these Terms of Use, please contact us at info@delosdr.org.