This Privacy Policy describes how LKDR processes personal data in the context of its operations and the services LDKR Members provide.
LKDR’s members are dispute neutrals who provide services through LKDR but who maintain their independence both with respect to each other and LKDR (the “Members”). The Members share the administrative costs of LKDR, but do not share revenues and they act independently in relation to the services provided. In this respect, LKDR operates like a chambers in the United Kingdom.
LKDR processes personal data in three principal categories:
- General personal data relating to enquiries or instructions that LKDR receives, such as names, 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”);
- Activities intended to promote LKDR and its Members (“Promotional Data”); and
- Specific personal data relating directly to a case or other matter on which one or more Member(s) is/are acting which is processed in relation to the conduct of such case or other matter (“Case Data” or collectively “LKDR Data”).
LKDR acts as a data controller of LKDR Data. You should be aware that others may also act as data controllers of some your personal data, for example, Members may also act as data controllers of the Case Data, and parties and their representatives may also control the Case Data.
LKDR is responsible for the data processing activities that it undertakes, but not for the activities undertaken by its Members or other third party data controllers and their activities are not the subject of this Policy.
If you have any questions about this Policy, how our Members treat your personal data, or wish to exercise any of your data subject rights, please refer to the details found at the end of this Policy.
This Policy may be updated from time to time.
1. Information we collect from you
We will collect and process the following data about you:
- Personal data you give to LKDR
This is information about you that you give us about yourself, for example by corresponding with us by phone, e-mail or otherwise, handing us or one of our Members your 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 to one of our Members 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 to one of our Members.
Case Data 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 lawyer 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).
- Information collected about you
We may collect information about you in the context of our activities, including sources available over the internet including your company’s website, social media such as LinkedIn, Facebook, Twitter/X and Instagram. For example, if one of our Members is appointed as an arbitrator we may collect data related to the matter or to assist in the identification of arbitrators. If you have supplied us with your information, we may also seek additional information about you to better understand your practice and your ability to serve as an arbitrator.
- Information we receive from other sources
This is information we receive about you from sources other than directly from yourself, which may include lawyers 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 our Members.
2. Purposes for which we may process your personal information
Depending on the circumstances, we may process your personal data in the following ways:
- Management Data
Management Data is used for the management of LDKR and its Members, for conflict checking and for other general purposes relating to the business of LKDR as a whole, including for LKDR to:
- Provide services to its Members;
- Maintain information about individuals who may be available to act as arbitrators in cases in which our Members are appointed;
- Carry out our obligations arising from any contracts entered into between you and a Member 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
- Promotional Data
Promotional Data is used to promote LKDR and its Members, including the holding of events and other activities.
- Case Data
Case Data is used by LKDR to provide services to the Members with to respect to the cases in which they act primarily in the nature of technical, operational and administrative support.
3. Lawful basis for the Processing of your Personal Data
Depending on the circumstances, LKDR processes your personal data based on the following lawful bases:
- 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;
- Where we have asked for and received your express consent to process your personal data;
- 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 services to Members of LKDR 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 defense of legal claims; or
- Express consent has been obtained from the data subject for LKDR 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:
- Members of LKDR;
- 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 Member or LKDR is a party, or to protect the rights, property, or safety of the Member, LKDR, or others. This may include exchanging information with other companies and organizations 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 Member’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).
When our Members are appointed to serve in arbitration proceedings, the nature of the arbitral process 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, 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 or other proceeding. 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 defense 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 defense 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;
- require certain of your personal data to be transferred to you or a third party, but this right only applies where the data subject has provided the data to the Member herself (not by a third party); 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 Policy, how we treat your personal data, or wish to exercise any of your data subject rights, you can contact us as follows:
• By email: info@LKDR.global
Please note that if your personal data has been submitted in the context of an arbitration, you may want to contact the party that submitted it first to raise any questions or concerns about the processing of your data.
Adopted: September 1, 2024
Effective: Immediately