Specifically, it applies to us:
- 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).
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
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.
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.
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.
The processing that aims to improve your experience has as a legal basis in our legitimate interest in offering you the best possible service.
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.
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
Compliance Gap Mitigation, S.L.
Directionc/Ferraz 28, 2º Izq., 28008 Madrid, Spain
Phones: (+34) 917589441 o (+34) 915482701 / (+376) 683086
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.
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.
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.
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.
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:
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):
- Access to your personal data.
- Rectification of some of your personal data, specifying the reason., especificando la razón.
- Deletion of any or all of your personal data.
- Limitation of the processing of your data, specifying the reason for the limitation.
- Opposition to the processing of your personal data.
- Portability of your personal data when the basis of legitimation of its collection has been the consent or a contract.
- Right not to be subject to automated individual decisions.
In order for you to exercise your rights, the ATPA makes available to you the following means:
- 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. 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).
In order to facilitate the exercise of your rights, we provide you with links to the request forms for each of your rights:
- • Form for exercising the right of access (LQPD version) (RGPD version)
- • Form for exercising the right of rectification (RGPD)
- • Form for exercising the right of opposition (LQPD versions: A and B) (RGPD)
- • Form for exercising the right of erasure (LQPD) (RGPD)
- • Form for exercising the right to restriction of processingo
- • Form for exercising the right of portability
- • Form for exercising the right not to be subject to automated individual decisions
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.
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.
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.