2. This policy brings within its sphere both collection and processing of data. The personal data related to users relating to case management, including but not limited to postal address, email address, fax, and phone number also falls within the ambit of this policy.
3. Equa as your data controller ensures safe processing and storage of your data.
4. This policy aims at helping you understand to use, process, store and safeguard your information, this is done to help the users make informed decisions concerning whether they want to utilize Equa Services or not.
Purpose of Data Collection
We collect, process and store your data for the below-mentioned purposes.
5. Easy and faster facilitation of the case management process.
6. Sending emails and messages to the users informing them of new features, products, services, content or any other new development added to our platform.
7. To provide you with an excellent Customer Support System for the purpose of resolving all the issues which may occur during the course of proceedings, including but not limited to failure of communication through online platform, sharing of evidence and fixing any bugs in the code.
8. To improve our website. This will be done through direct interaction with the users through google forms , comment sections , feedback platform, heat mapping our website mapping and data analysis of the profile submitted to the AI.
9. This provision applies to all the ‘personal data’ as defined hereunder, collected by the data controller through the ODR Platform// Virtual meeting hall or through any other medium including but not limited to email, telephonic conversation, fax or in any other form of direct contact.
10. The definition is per the General Data Protection Regulation referred to as GDPR hereinafter.
10.1. The term ‘personal data’ is the entryway to the application of the General Data Protection Regulation (GDPR). Only if the processing of data concerns personal data, the General Data Protection Regulation applies. The term is defined in Art. 4 (1). Personal data are any information which is related to an identified or identifiable natural person.
10.2. The data subjects are identifiable if they can be directly or indirectly identified, especially by reference to an identifier such as a name, an identification number, location data, an online identifier or one of several special characteristics, which expresses the physical, physiological, genetic, mental, commercial, cultural or social identity of these natural persons. In practice, these also include all data which are or can be assigned to a person in any kind of way. For example, the telephone, credit card or personnel number of a person, account data, number plate, appearance, customer number or address are all personal data.
10.3. The same also applies to IP addresses. If the controller has the legal option to oblige the provider to hand over additional information which enables him to identify the user behind the IP address, this is also personal data.
10.4. Last but not least, the law states that the information for a personnel reference must refer to a natural person. In other words, data protection does not apply to information about legal entities such as corporations, foundations and institutions. For natural persons, on the other hand, protection begins and is extinguished with legal capacity.
10.5. In addition to general personal data, one must consider above all the special categories of personal data (also known as sensitive personal data) which are highly relevant because they are subject to a higher level of protection. These data include genetic, biometric and health data, as well as personal data revealing racial and ethnic origin, political opinions, religious or ideological convictions or trade union membership.
11. For the purpose of this platform personal data refers to the information collected for provision and facilitation of service; such information is inclusive of the name, contact information including but not limited to email, telephone number and fax number.
12. Such information also includes within its ambit identity information including but not limited to Aadhar Card Number, PAN number, Passport Number or any other identity card number deemed essential by the data controller.
13. Any information collected by the data controller for the creation of the user account such as username, password or any other credentials that data controller deems essential for access and use of user account on the ODR platform.
14. Necessary Payment information including but not limited to debit/credit card number, date of expiry, CVV, and the bank account number as the case may be depending on the cost appropriation by the arbitrator.
15. The name , contact details, qualifications and any other information of the neutrals required by the data controller per the institutional rules.
16. Any other personal data of the Party A and/or Party B and/or any third parties (if any) that may be contained in any materials, articles and documentary evidence that the parties in dispute may disclose or submit on or through the ODR Platform to the data controller, the neutrals for or relating to the dispute resolution process and proceedings under the Scheme and/or Equa’s terms and conditions;
17. For the purpose of this policy non personal data includes but is not limited aggregate and anonymized datasets used for big data analytics.
If technological developments make it possible to turn anonymised data into personal data, such data are to be treated as personal data, and Regulation (EU) 2016/679 is to apply accordingly.
18. How we use your Personal Data
18.1. By submission of personal data, the parties inexorably hereby affirm, represent and warrant that they are the ultimate owner and controller of such personal data.
18.2. If the parties are not the ultimate owner or controller of the Personal Data submitted, the parties need to have complete authorization from relevant third parties for using such personal data and ‘submitting’ the same to Equa for the purposes stated in the present policy.
18.3. If you choose to furnish us with any Personal Data relating to any third party, unless that provision falls within the scope of any exemptions (if any) under any relevant legislation, please do provide the third party with a copy of this PICS to allow it to understand how we treat Personal Data and to obtain its written consent/authorization prior to your submission of such data.
18.4. If any third party's Personal Data is involved, but the user has not acquired the permission of such third party unless user’s use and provision are exempted (if any) under relevant laws, the user should not submit any such third party's Personal Data to Equa (whether on or through the ODR Platform or otherwise).
18.5. By submitting such Personal Data, the user is presumed to have secured and obtained the permission of any such third party (where applicable), Equa is not responsible for any non-compliance on the part of the user.
Rights of the User
19. The users can opt not to provide personal data if they deem it necessary to do so. If the Users decides to do so, the user will continue to use the website and browse its pages. Consequently, Equa will not be able to process transactions without personal data or provide any of its services adequately.
21. If the users opt to turn off cookies, they can continue to use the website and search its related sites, but certain services (such as Dispute Resolver) may not function effectively.
22. Equa will notify you (before collecting your data) whether it shall use your data for marketing purposes and whether third parties would be involved. Users can opt-out of ads by emailing us at email@example.com.
23. You can exercise your rights by sending us an email to firstname.lastname@example.org
24. Equa can use users data to decide whether they should be made aware of any information that might be important to the user (for example, tailoring emails to you based on your behaviour). Else the only thing Equa is going to utilize user’s data only for the provision of services.
26. Equa will provide the user with a copy of your data in CSV or JSON so the user can, if required, provide it to another provider. If the user decides to seek advice from us regarding the same and if it is theoretically feasible, Equa will move the data directly to the other service for the user. Equa will not do so to the degree that this requires the disclosure of information about some other person..
27. The users have the right to query, view and correct all data relating to them and the right to object to their processing on legitimate grounds. The users can exercise these rights by sending a letter, together with a signed identity document, to vdrc.io or by regular mail to the following address: Equa, New Delhi
28. The users are bound by the rules of the relevant law on the privacy of personal data. In particular, users should not collect or manipulate personal data or otherwise behave in such a way as to affect the privacy or credibility of others adversely.
29. Users are solely responsible for the activity on your account and must keep your password private at all times. Users shall not be held liable for any damages incurred by unauthorised use of your account.
30. The grievance relating to the Privacy can be directly addressed to the Data Compliance Officer. The Equa Team shall take immediate action upon such information.
The Data Compliance Officer,