Last modified: 3 September, 2018

ARBITRALWOMEN DISCLAIMER – PRIVACY POLICY – TERMS OF USE

(Last update on June 2018)

I. PREAMBLE

ArbitralWomen is an international non-governmental organisation with the primary objective of promoting and protecting female practitioners in international dispute resolution. It is a professional organisation connecting female practitioners involved in every dispute resolution related field and role.  Our Website provides information about female practitioners from jurisdictions around the world, including recent developments concerning women in international dispute resolution, as well as news, photos, videos, publications and promotion of dispute resolution events.

This Website is operated by ArbitralWomen, which is registered under the French Law of July 1901 as an association and domiciled at 43 rue de l’Artoire, 78690 Les Essarts-le-Roi, France, email contact@arbitralwomen.org.

ArbitralWomen Website was created and is hosted by Lixao Rich Media, domiciled at 11 Rue des Petites Ecuries, 75010 Paris, France, email marcio@lixao.com.

II. DEFINITIONS

The following words with a first letter in capital are defined herein as follows:

“ArbitralWomen”, “We” or “Our” means the ArbitralWomen association.

“Website” means ArbitralWomen website available at www.arbitralwomen.org or www.arbitralwomen.com or www.arbitralwomen.net.

“You”, or “Your” or “User” means any person who navigates the Website and uses its Services, and who is legally committed by the present Terms.

“Member” means a female dispute resolution practitioner registered with ArbitralWomen, whose application has been approved by ArbitralWomen and membership paid-up.

“Login Information” means the unique Username and Password chosen by a Member when registering or modified thereafter by the Member.

“Terms” refers collectively to the Disclaimer, Privacy Policy and Terms of Use defined hereafter.

“Content” means all data, material, documents, news, photos, videos, publications, or any other information uploaded or provided to the Website by Members.

III. TERMS OF USE

1. Binding Agreement

BEFORE USING THIS WEBSITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY.

The present Terms constitute a legally binding agreement between any Member or User of ArbitralWomen’s Website and ArbitralWomen regarding the use of and access to the Website.

ArbitralWomen Website is comprised of various webpages operated by ArbitralWomen. You may navigate the Website conditional upon Your acceptance without modification of the present Terms. Your use of the Website constitutes Your agreement to all Terms and supersedes any prior agreements. Should You not agree to these Terms, You may not use the Website nor its features.

ArbitralWomen’s performance of these Terms is subject to existing laws and legal process, and nothing contained therein is in derogation thereof.

These Terms apply to the Website and govern, without limitation, data collection and usage.

Members agree that no partnership, employment or agency relationship exists between them and ArbitralWomen as a result of these Terms, Membership or the use of the Website.

The Website, these Terms and all related documents are in English, and communications are mainly in English. However, Content may be posted in other languages.

2. Modification of these Terms

ArbitralWomen may revise these Terms at any time and from time to time in its sole discretion. The revised or amended Terms shall be effective upon posting. If you have subscribed to receive our newsletters and/or information about our events, you will be informed of any change and we may, as the case may be, require your consent to continue sending you emails.

The last update of these Terms has been made in June 2018.

3. Severability

If any provision of these Terms is determined to be invalid or unenforceable in part or in whole pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue to be in effect.

4. Access Restriction

Use of the Website is not authorised in any jurisdiction that does not give full effect to the provisions of these Terms.

In the event a Member or User fails to comply with these Terms, ArbitralWomen shall have the right to terminate such Member’s or User’s access to the Website.

5. No Unlawful or Prohibited Use

Members and Users warrant and agree that, while using the Website and the services, features and functionalities offered on or through the Website, they shall not, without limitation:

  1. Use the Website for any purpose that is unlawful or prohibited by these Terms;
  2. Use the Website in any manner which could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Website;
  3. Obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Website;
  4. Make available in any way any Content that is unlawful, harmful, abusive, harassing, tortious, defamatory, discriminatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, threatening or otherwise violating legal rights;
  5. Harm minors in any way;
  6. Impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
  7. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through ArbitralWomen;
  8. Make available in any way any Content that Members and Users do not have a right to make available under any law or under contractual or fiduciary relationships;
  9. Make available in any way any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  10. Make available in any way any unsolicited or unauthorised advertising, promotional materials, junk mail, spam or chain letters;
  11. Make available in any way any Content that contains software viruses, corrupted files or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  12. Harvest or otherwise collect information about Members or Users, including email addresses, without their consent;
  13. Violate any code of conduct or other guidelines which may be applicable for any particular communication service;
  14. Intentionally or unintentionally violate any applicable local, state, national or international law;
  15. Download, copy or use personal data for commercial purposes or for advertising;
  16. Transmit lists of Members, unless prior authorisation is duly provided by ArbitralWomen’s Board.

Members and Users acknowledge that, upon discovering any violation, ArbitralWomen shall have the right, immediately and without prior notice, to remove any Content that violates these Terms or is otherwise objectionable.

ArbitralWomen further reserves the right to terminate access to the Website of any Member or User who violates these Terms.

6. Intellectual Property

ArbitralWomen Website is protected by intellectual property rights. All rights reserved.

ArbitralWomen owns without limitation:

  • All rights and interest in the Website;
  • All material including illustrations, graphics, videos, texts, software, codes, data and materials, and the design and construction of the Website;
  • All copyrights, trademark, patent, database, moral, and sui generis rights and other intellectual property and proprietary rights therein.

Your use of the Website does not grant You any rights on any of ArbitralWomen’s rights.

All names, company names, logos, service and/or trademarks mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners.

ArbitralWomen does not claim ownership of the Content posted on the Website.

By posting, uploading, inputting, providing or submitting Content You grant ArbitralWomen and the Website Users permission to download or transmit the Content, but not to distribute or display it on other websites or media, or to reproduce, edit, translate, reformat or publish said Content, unless expressly so authorised by the intellectual property rights holder.

ArbitralWomen respects the intellectual property rights of others, and require that Members, partners and Users do the same.

If You believe that Your work has been copied in a way that infringes Your intellectual property rights, please forward the following information via the “Contact us” link:

  • Your address, telephone number and email address;
  • A description of the protected work that You claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by You that You have a good faith belief that the disputed use is not authorised by You, the holder of the intellectual property rights, its agent, or by law;
  • An electronic or physical signature of the person authorised to act on behalf of the holder of the intellectual property rights; and
  • A statement by You that the above information is accurate and that You are the holder of the intellectual property rights or authorised to act on behalf of the holder of the intellectual property rights.

7. Restriction of Liability

ArbitralWomen only provides the infrastructure to host information regarding Members’ practice in international dispute resolution and has limited liability in its capacity as a hosting provider under EU law.

In no event shall ArbitralWomen or any of its directors, officers, employees, agents, consultants, parents, affiliates, successors, assigns or service providers assume responsibility or be liable for any direct or indirect, incidental, special, consequential or exemplary damages, including but not limited to for any computer virus, loss of profits, alleged loss of credibility or damage to personal image, use, data or other intangible losses, or any other inconvenience resulting from or in connection with the use of or the inability to use the Website, reliance on the Website, or the Content, materials and functions related thereto, or any other matter relating to this Website, including, without limitation, any failure of performance, error, omission, interruption or defect.

Members, partners and Users expressly understand and agree that ArbitralWomen shall in no way be liable to them under any circumstances. By agreeing to use the Website, Members, partners and Users agree to defend, indemnify and hold ArbitralWomen, its officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from the use of the Website or through it.

The Website is provided “as is” and “as available,” without warranty or condition of any kind, either express or implied. Without limitation of the foregoing ArbitralWomen specifically disclaims any and all warranties, including, but not limited to any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or other of the Website, including but not limited to the online services and web files, and the Content thereon, and any warranties of title, warranty of non-infringement, warranties or conditions of merchantability or fitness for a particular purpose.

ArbitralWomen does not guarantee that the information and/or the material on its Website is free from software viruses or the like. ArbitralWomen assumes no responsibility or liability for direct, indirect or consequential damages, loss of profit or any other inconvenience caused on account of any such viruses or the like.

The information on the Website shall in no event be considered or relied upon as legal advice.

No ArbitralWomen Member, partner or User or any other person is authorised to represent ArbitralWomen or speak on behalf of ArbitralWomen’s Board unless expressly set out in our By-Laws or otherwise agreed in writing.

8. Hyperlinks

Hyperlinks to other websites are provided for convenience only.

These websites are not reviewed, controlled or examined by ArbitralWomen in any way and ArbitralWomen assumes no responsibility for the content, privacy policies and practices of any such linked sites, including without limitation, any additional links contained therein.

ArbitralWomen encourages You to review the privacy statements of websites You provide a link to from ArbitralWomen’s Website as You are responsible for understanding how those websites collect, use and share Your information. ArbitralWomen is not responsible for the privacy statements or any other content on websites outside of ArbitralWomen’s Website.

The hyperlinks do not imply ArbitralWomen’s endorsement of, or association with, the linked sites.

9. Suspension and Maintenance of the Website

ArbitralWomen reserves the right, at any time and in its sole discretion, to suspend or stop in whole or in part the access to its Website, mainly for maintenance, operational requirements, or emergency cases.

ArbitralWomen also reserves the right, at any time and in its sole discretion, to delete or to modify any content related to management of the Website, especially for technical or practical reasons.

ArbitralWomen shall incur no liability for such suspension or stoppage, which pursuant to paragraph 7 above, shall not give rise to any claims for damages or indemnities by any Member, partner or User.

IV. PRIVACY POLICY

1. Declaration to the CNIL and compliance with the GDPR

ArbitralWomen is committed to protecting and respecting Your privacy and complying with the current legislation on data protection, in particular the EU General Data Protection Regulation 2016/679 (“GDPR”).

The data controller (as defined under the GDPR) is the organisation responsible for protecting information. For the purposes of this Website, ArbitralWomen, registered under the French Law of July 1901 as a non-profit association and domiciled at 43 rue de l’Artoire, 78690 Les Essarts-le-Roi, France, email contact@arbitralwomen.org, is the data controller.

ArbitralWomen has declared the Website to the Commission Nationale Informatique et Libertés (“CNIL”).

2. Collection and Use of your Personal Data

2.1 Collection

ArbitralWomen collects information from Members and Users using this Website in the following circumstances, and subject to express consent:

  1. A person applies to become a member of ArbitralWomen;
  2. Information is posted by Members and Users on the Website;
  3. Through cookies; and/or
  4. Registrations for events.

2.2 Use of Information

By using or providing information on this Website, ArbitralWomen Members and Users understand and unambiguously consent to the collection, maintaining, processing and use of such information provided on and through the Website, for the sole purpose of administering ArbitralWomen’s membership, events and activities, and as otherwise set forth herein. The data from the Website is stored solely for this purpose.

Subject to paragraph C below in this part IV of the Privacy Policy, ArbitralWomen does not sell, rent, lease or transfer Members’ and Users’ data to third parties. Downloading, copying or using personal data for commercial purposes or for advertising is strictly prohibited.

2.3 Membership Registration

The minimum information required for registering as a Member is:

  1. Full Name;
  2. Physical and email addresses;
  3. Payment details.

2.4 Disclosure of information on Website

In addition to registering as a member, you are requested to complete a public profile. If You disclose personally identifiable information or personally sensitive data through ArbitralWomen, You assume responsibility for such disclosure as this information may be collected and used by others. You also assume responsibility for any comments or opinions posted on the Website and acknowledge that such information may be collected and used by others.

2.5 Sharing information

Registration lists for participation to events organised by or co-organised with ArbitralWomen may be created and shared with co-organisers for the sole purpose of managing the events. Users need not provide their personal information to navigate on the Website. They may however provide their names and emails if they wish to receive alerts about ArbitralWomen events and news.

2.6 Permitted Disclosure

ArbitralWomen may only disclose Your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to:

  1. conform to the edicts of the law or comply with legal process served on ArbitralWomen relating to the Website;
  2. protect and defend the rights or property of ArbitralWomen; or,
  3. act under exigent circumstances to protect the personal safety of the Members, Users or the public.

2.7 Rights of Users

In compliance with the relevant regulations, in particular the GDPR, the data retention is secured using appropriate technical and organisational measures.

In compliance with the GDPR, Members and Users notably have the following rights:

  • You may oppose the use of Your personal data: any Member or User has the right to object to the collection of his or her personal data in a computer file. If a Member requested that her personal data be deleted from the Website, and the data required for membership is no longer available, such Member will lose her membership.
  • You may access, rectify, delete or restrict processing of data: any User who wants to access, rectify or delete data about him or her stored in a computer file can submit a request in this regard to ArbitralWomen. Members may modify their data at any time by accessing their profile.

Users may exercise these rights by sending a message to ArbitralWomen’s “Contact us” email at contact@arbitralwomen.org.

2.8 IP Addresses

An IP address is a succession of figures separated by dots which identifies each computer using the Internet Protocol to communicate over a network. ArbitralWomen has the right to collect the public IP address of all Members and Users. The collection of the IP addresses shall be carried out anonymously. The Users’ IP addresses will be stored for a period of one year following the navigation of the Website by a Member or a User.

ArbitralWomen does not disclose IP addresses unless required by law or unless required to do so upon judicial request.

2.9 Use of Cookies

Cookies are pieces of information that are placed on a visitor’s computer hard drive to enable the individual to more easily communicate and interact with the Website. The Website uses cookies to customise Your experience on the Website. It is not ArbitralWomen’s intention to use cookies to retrieve information that is unrelated to the Website or Your interaction with the Website.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that You have returned to a specific page. For example, if You register with ArbitralWomen’s Website, a cookie helps the Website to recall Your specific information on subsequent visits. When you return to the Website, the information you previously provided can be retrieved, so you can easily use the Website features.

Information about Your computer hardware and software may automatically be collected by the Website. This information can include your IP address, browser type, domain names, access times and referring website addresses. It is used by the Website for the operation of the service, to maintain quality of the service, and to establish general statistics regarding use of the Website.

A Member or a User may accept or decline cookies on his/her browser interface. Most web browsers automatically accept cookies, but You can modify Your browser setting to decline cookies if You prefer, however, You may not be able to fully experience the interactive features of the Website. Any Member or a User prevented from using certain features by declining cookies does so at his or her own risk and cannot hold ArbitralWomen liable for any reduced performance.

2.10 Security

ArbitralWomen is committed to offering a secure environment and to protecting Your privacy. ArbitralWomen has implemented technology and security policies and procedures, reasonably appropriate to the level of the data concerned, intended to reduce the risk of accidental destruction or loss, or the unauthorised disclosure of or access to information. However, due to the open communication nature of the Internet, ArbitralWomen cannot guarantee that communications between You and the Website and the Website and You, or data stored on the Website, will be free from unauthorised access by third parties.

In the unlikely event that ArbitralWomen believes that the security of Your personal data on the Website may have been compromised, and in case of a real threat to Your privacy, ArbitralWomen will notify You by email as promptly as possible under the circumstances, and to the extent You have provided a correct and current email address.

All payments are made through secure payment platforms that use encrypted connections, either to ArbitralWomen’s Bank or by PayPal. No payments are made or taken on the Website and no payment information is stored on the Website.

V. MEMBERSHIP AND MEMBERS DUTIES

1. Members’ Registration

Female practitioners in any dispute resolution related role wishing to become Members of ArbitralWomen may apply directly online under “About us” / “Apply now” available in the toolbar at the top of the homepage, by:

  1. Completing an application by providing their names, emails and country of residence,
  2. Uploading a résumé (curriculum vitae) and a photo, and
  3. Paying an annual membership fee of € 150, or such other amount as may be decided upon by the Board at some future time.

Approval of membership is conditional upon fulfilling these three conditions.

Once the application is approved, Members may access their profile and the features available on the Website’s intranet. They must then complete all fields in their profile including their contact details, languages spoken, fields of expertise, etc. They can also upload or provide links to any articles they have published.

ArbitralWomen reserves the right to approve or refuse a new Member, primarily if the applicant is not a woman or not a practitioner in a dispute resolution related field.

Companies may apply for corporate membership and register up to five female arbitration practitioners  from their firm at a rate of € 650 plus € 135 for any additional person, subject to any change in such rate or policy in the future.

2. Personal Login Information

Registered Members shall keep their personal information up to date and the access to their profile secure.

  1. Members shall not provide any false personal information on the Website, or create an account for any other person without authorization from ArbitralWomen.
  2. Members shall not create more than one Member account.
  3. If ArbitralWomen disables a Member’s account, the Member shall not create another one.
  4. If a Member selects an inappropriate username for any reason, including a potential trademark violation, ArbitralWomen will require the Member to change it, failing which the Member’s account may be deleted.
  5. Members’ Login Information must be kept confidential and may not be shared with any third party under any circumstances; if the Member shares Login Information with a personal assistant, the Member must ensure that said personal assistant complies with the same obligations of confidentiality and these Terms.
  6. Members must take appropriate security measures to maintain the confidentiality of the Login Information, they must log out before leaving their computer and close the Internet browser, especially when they are using a non-personal or public computer.
  7. Members must immediately change their Login Information in the event that their Login Information has been disclosed to an unauthorised person.
  8. Members must immediately inform ArbitralWomen if they become aware of or believe that their Login Information has been used by an unauthorised person.

ArbitralWomen is not liable for any harm caused by or related to the theft, misappropriation, disclosure or unauthorised use of Members’ Login Information.

3. Members’ Uploaded Data and Content

Members are exclusively responsible for the information they include in their profile or subsequently modify. The purpose of the Website is to make Members’ information available to the general public and to other practitioners in dispute resolution related roles.

Members and Users agree that all information, data, text, photographs, material, messages or other content, whether posted publicly or privately transmitted via the Website, are the sole responsibility of the person from whom such content originated. ArbitralWomen shall not be liable for any data or content that Members or Users upload, post, email, transmit or otherwise make available via the Website, including but not limited to, any errors or omissions in any data or content.

ArbitralWomen does not control the data or the Content uploaded on the Website by Members and, as such, does not guarantee the accuracy, integrity or quality thereof, the timeliness or the availability of any data posted on or via the Website.

ArbitralWomen does not necessarily espouse or endorse any of the ideas or information posted on its Website.

By posting, uploading, inputting, providing or submitting material on ArbitralWomen’s Website, You warrant and represent that You own or otherwise control all of the rights on the material including, without limitation, all rights necessary for You to provide, post, upload, input or submit the material, and that the usage, publication and posting of such data and content does not violate these Terms, does not breach any applicable laws or regulation and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity.

In case of any infringement to the above, the Member infringing these Terms shall be solely responsible.

VI. JURISDICTION AND CHOICE OF LAW

These Terms and the relationship between the Member or the User and ArbitralWomen shall be governed and interpreted in accordance with the laws of France without regard to conflict of law provisions. Subject to questions of public policy, any disputes arising out of or in connection with the use of the Website shall be first amicably settled.

If no amicable settlement is reached after a period of 30 days, the courts of Paris, France, shall have exclusive jurisdiction over the dispute.

VII. CONTACT

For any question or comment, please post your message under “Contact us”.