Privacy Policy

Through this Privacy Policy, the ATPA informs you of the personal data collected through our website and through the services described therein, how we treat them, as well as the rights regarding your Personal data and our treatments, granted by the regulations on Personal Data Protection that are applicable to us.

Applicable law

Specifically, it applies to us:

  1. 1. The Law 15/2003, of 18 December, Qualified for the Protection of Personal Data (hereinafter referred to as “the LQPD”) and its implementing regulations, and

2. The Regulation (UE) 679/2016 of the European parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “the RGPD”).

Likewise, and in compliance with what is established in the LQPD in relation to the data files, we inform you that any personal data you provide will become part of our files, duly registered to the Andorran Agency for Data Protection (APDA).

We have structured the information in the following drop-downs to facilitate the access to the points of your interest, although we recommend that you read this Privacy Policy in full.

1. Who does this Privacy Policiy apply to?

This Privacy Policy applies to visitors to our website and to all persons whose personal data is provided to us in the context of the professional services described on this website, without prejudice to what may also be established in contracts and / or specific forms related to ATPA services. This includes not only the parties to an arbitration proceeding, but also their representatives, when they have them, the lawyers, the arbitrators, the experts, the witnesses and any other person from whom the ATPA requires any information for the purpose of carrying out their services.

2. How do we obtain your personal data?

In general, it is you who, directly and consciously, provides us with your personal data — for example through the forms available on this website—. The only exceptions to this general rule are:

  • • The personal data that may appear about you in the documents that, regardless of their support, including the forms and models available on this website, provide the parties, their representatives, their lawyers, experts or any other natural or legal person entitled to provide information in a case,
  • • Personal data about you that may appear, for example as a beneficiary, in emails or requests for services addressed to the ATPA; and
  • • Cookies on this website (about which you can learn more in our Cookie Policy). Cookie Policy).

 

For the management of an arbitration procedure

We collect the personal data that you voluntarily provide us through, among others, the arbitration agreement, the deed of empowerment of the legal representation, the request, the answers to the request, the counterclaims, the Terms of Reference, the request for recusal of an arbitrator, the allegations to the award issued by the ATPA or the requests for rectification, clarification or complement, as well as through possible remedies to the same, and other documents, files or complementary evidence that are presented in relation to the case, with the purpose to process and manage the entire arbitration procedure, including the confirmation, appointment and / or replacement of arbitrators, the investigation of the case, and the communications or notifications to the parties.

The legal basis for the processing of the personal data of the parties is the execution of an arbitration commitment included in a contract, or of any other agreement between the parties that constitutes an arbitration agreement.

The legal basis for the processing of the personal data of the representatives of the parties, their lawyers and any other person of whom the parties provide personal data to ATPA is the express consent that the corresponding party undertakes to obtain prior consent to delivery of these personal data to the ATPA. In cases in which a party (or its representative or lawyer) adequately grounds that it is not possible to collect the consent of the interested party and that he has a legitimate interest in providing his personal data, that prevails over his possible interest, the basis of legitimation of the processing of the personal data of the interested third party will be the legitimate interest of the party that provides the personal data.

To provide you with accessory services that you may request from us

We collect the personal data that in each case is necessary to book or contract the services and products that you voluntarily request, book or acquire on your behalf, on the occasion of your stay in the Principality of Andorra during the arbitration procedure or in relation to this —such as, for example, hiring a private vehicle or other means of transport, hiring translation services, or booking hotels or restaurants—.

The legal basis for this treatment is the service contract which specifies what we can do for you.

To communicate in the professional field with you or with the entity you represent

We collect your professional contact details (such as your email and phone number) so that we can contact you for our legitimate interest in relation to your profession and/or the entity you may represent.

To improve your experience on our website

We use cookies to collect information about your visits to our website and your interaction with our content. We use this information for various purposes, such as improving your experience, extracting statistics, and showing you content based on your browsing habits. To know clearly and precisely the cookies we use, what their purposes are and how you can configure or deactivate them, please consult our Cookie Policy.

The processing that aims to improve your experience has as a legal basis in our legitimate interest in offering you the best possible service.

 

For other purposes not incompatible with the aforementioned

We may use your personal data for other purposes that are not incompatible with those previously indicated (such as archiving purposes for reasons of public interest, scientific or historical research purposes, or statistical purposes) if this is allowed by the regulations in force regarding the protection of personal data.

4. ¿Who is the responsible for the processing of your personal data?

The only person responsible for the personal data processing activities described here is ATPA. If at any time you wish to contact us to contrast opinions about our privacy practices, or to make any questions related to your personal data, or if you do not want us to continue using your personal data or wish to exercise other rights, you can contact with us through any of the following means:

By post or in person, by contacting the Court of Arbitration of the Principality of Andorra, C/ Prat de la Creu 8, Le Mans Building, AD500 Andorra la Vella, Principality of Andorra.

By phone, by calling (+376) 88 06 80

By email, by contacting info@ATPA.ad

Additionally, if you are in the European Union and so you prefer, you can go to our representative in the European Union, for questions related to the treatment activities described in this Privacy Policy:

Compliance Gap Mitigation, S.L.

Directionc/Ferraz 28, 2º Izq., 28008 Madrid, Spain

NIF: B88402227

Phones: (+34) 917589441 o (+34) 915482701 / (+376) 683086

Email: ATPA@compliancegapmitigation.com

The ATPA is not responsible for the activities that other natural or legal persons may carry out during or in the context of the arbitration procedure. For example, we are not responsible for the privacy policies and practices of other websites, even if you access them through links on our website. Therefore, we strongly recommend you to carefully read the information provided by these natural or legal persons (especially the privacy and cookie policies of each website you visit) before providing your personal data, and communicate with their manager if you have any concerns or questions.

5. With whom can we share your personal data?

The ATPA does not transfer your personal data unless:

  • You are the one who asks us for it,
  • • We have a legal obligation to do so (for example, we are legally obliged to provide copies of invoices to the Department of Taxes and Borders of the Government of Andorra, when requested to do so),
  • We need to protect your rights, ours, those of our employees, or those of third parties (which includes assignment to the police for security reasons or to health authorities to prevent the spread of disease, for example, for tracking purposes), or
  • We need them to be processed by our service providers, on our behalf (for example, for the management and maintenance of our information systems).

Any international transfer that we eventually need to carry out will comply with what is established in all the regulations in force that apply to ATPA.

6. How long do we keep your personal data?

The ATPA keeps your personal data exclusively for the duration of the treatments that require them and, later, to comply with the tax, accounting or other legal obligations that apply to us at all times.

When we do not have a legitimate need to retain your personal data, we will delete or anonymize it and, if this is not possible (for example, because it is in backup copies), we will store it securely and isolate it from any further processing until its elimination is possible.

7. What rights do you have?

You have the right to obtain confirmation as to whether or not the ATPA has collected any of your personal data.

See below what other rights you have and how to exercise them.

Rights associated with the regulations of the Principality of Andorra

In the event of being physically in the Principality of Andorra or outside the European Union when you consult or use the services of our website, the LQPD grants you the following rights:

Rights associated with European Union regulations

If, on the other hand, you are in the European Union when you consult or use the services of our website, in addition to being covered by the LQPD, you will also be covered by the GDPR, which additionally grants you the following rights (you will see that in some cases, the only differences with those already granted by the Andorran regulations are reduced to the terms of care and to the Control Authority to which you can file a complaint, in the event that you consider that we have not correctly fulfilled your rights):

Where and how you can exercise your rights

In order for you to exercise your rights, the ATPA makes available to you the following means:

  1. 1. By sending to the ATPA a written and signed request addressed to the ATPA, to its postal address, indicating the subject “Exercise of Rights of Personal Data Protection”.
  2. 2. By sending to the ATPA a scanned and signed form, to the email address dpd@ATPA.ad, indicating the subject “Exercise of Rights to Protection of Personal Data”.

In both cases, if we are unable to verify that you are who you claim to be, we will ask you to send us a copy of your passport or official national identity card so that we can ensure that we respond only to the data subject or his or her legal representative, having to provide in the latter case a document certifying the representation.

Likewise, and especially if you consider that you have not obtained full satisfaction in the exercise of your rights, we inform you that you can file a complaint before the national supervisory authority of your country in case it is not the Principality of Andorra, or by contacting the Andorran Data Protection Agency (APDA).

Forms for the exercise of your rights

In order to facilitate the exercise of your rights, we provide you with links to the request forms for each of your rights:

8. What responsibilities do you have?

By providing us with your data, you guarantee that you are of legal age and that the data provided is accurate and complete. Likewise, you confirm that you are responsible for the veracity of the personal data communicated to us and that you will keep it appropriately updated so that it responds to your real situation, by taking responsibility for any false and inaccurate personal data you may provide to us, as well as for any direct or indirect damages or losses arising from its falsity or inaccuracy.

You may not provide us with personal data of other persons unless it is justified in relation to the services you request or have hired us. In any case, if you provide us with the personal data of third parties, you assume the responsibility to inform these third parties, prior to providing us with your personal data, about all the provisions set out in this Privacy Policy, and you are responsible for the lawfulness of this personal data.

In cases where you have to provide us with personal data of a minor or a person with limited rights, in doing so you are obliged to have the authorization of the holders of their parental authority or guardianship. Without this permission, you are prohibited from providing us with any personal data.

9. How do we protect your personal data?

We are fully committed to protecting your privacy and personal data. We have compiled the register of all the personal data processing activities carried out by the ATPA, and we have analysed the risk that each of these activities may pose to it, as well as implemented the legal safeguards, appropriate technical and organisational measures to prevent, as far as possible (since zero risk does not exist), the alteration of your personal data, their misuse, loss, theft, access, or unauthorised processing. We keep the privacy and cookie policies of this website up to date to ensure that we provide you with all information we have about the processing of your personal data. We have signed data protection clauses and contracts of data processor with all our service providers, in view of the need for each one to process personal data. We restrict access to personal data to those employees who really need to know them to perform any of the treatments mentioned in this policy, and we have trained and made them aware of the importance of confidentiality and the maintenance of the privacy and security of their information, as well as of the disciplinary measures that would be involved in any possible infraction in this matter.

10. Modifications to this Privacy Policy

We will update this Privacy Policy when necessary to reflect any changes that may occur. If there are substantial changes to this policy or to the way in which your personal data will be used by the ATPA, we will notify you prior to its entry into force by sending you a notice or posting a prominent notice on this website, and you will have the option to exercise your rights as we have reported in a previous section. In any case, we recommend that you periodically review this Privacy Policy in order to know how we protect your personal data.

If you have any questions about this Privacy Policy, please feel free to let us know by sending an email to dpd@ATPA.ad.

Last updated: April 12, 2021