Privacy Notice

1. Who We Are

Aluochier Dispute Resolution (ADR) is a permanent administrative institution that constitutes independent tribunals under Article 1(3)(c) of the Constitution of Kenya. For the purposes of the Data Protection Act, 2019, ADR is a data controller.

Contact details:
Aluochier Dispute Resolution, P O Box 436-40404, Rongo, Kenya
Email: info@aluochier.co.ke
Data Protection Officer: dpo@aluochier.co.ke

2. Personal Data We Collect

We collect personal data only as necessary for our functions. Categories include:

• Identity and contact data: name, address, email, telephone number, identification number (where required).
• Professional data: qualifications, professional body membership, employment history, conflict of interest disclosures.
• Training and Roster data: assessment records, CPD records, Oath of Integrity, appointment history, fee payment records.
• Proceedings data: case files, pleadings, evidence, determinations, awards, and other documents filed in ADR proceedings.
• Website usage data: IP address, browser type, pages visited (via cookies and analytics).

3. How We Collect Personal Data

We collect personal data:

• Directly from you: when you register for training, apply for the Roster, file a proceeding, or contact us.
• From other parties: in proceedings, from statements of claim, responses, and evidence disclosed.
• From third parties: references from referees, verification from professional bodies.
• Automatically: through cookies and analytics when you visit our website.

4. Purposes and Legal Basis for Processing

We process personal data for the following purposes:

• To administer proceedings: Legal basis – performance of a contract (the agreement to resolve the dispute) and legal obligation (FAA Act, AITAR Rules).
• To manage the Training Programme and Roster: Legal basis – performance of a contract (enrolment) and legitimate interests (maintaining a qualified Roster).
• To comply with legal and regulatory obligations: Legal basis – legal obligation (e.g., tax records, data protection compliance).
• To improve our website: Legal basis – legitimate interests (analytics to enhance user experience).

4A. Processing for Training and Roster Management

To manage the AITAR Tribunal Training Programme and the AITAR Roster, we process personal data such as:

• Training Programme: identity data, contact data, financial data (for fee payments), assessment records, and CPD records for those enrolled in the Programme.
• Roster Management: identity data, contact data, professional qualifications, conflict of interest disclosures, Oath of Integrity records, and appointment history.

The legal basis for this processing is the performance of a contract (to provide access to the Training Programme and to maintain the Roster).

4B. Cookies and Analytics

When you visit our website, we may use cookies (small text files stored on your device) and analytics tools (such as Google Analytics) to enhance your browsing experience, understand how you use our site, and improve our services.

Cookies are used solely for these analytical purposes. You can modify your browser settings to disable cookies; however, this may affect the functionality of our website.

5. Disclosure of Personal Data

We may share personal data with:

• Parties and their representatives: as part of proceedings (pleadings, evidence, determinations).
• Institutional Interested Parties: banks, land registries, companies – when required for enforcement (Rule 21).
• Assessors and mentors: for training, direct entry, and mentoring purposes.
• Service providers: cloud storage (e.g., Google Workspace), payment processors, website hosting.
• Public authorities: where required by law (e.g., court orders, tax authorities).

We do not sell or rent personal data to third parties.

6. Data Retention

We retain personal data only as long as necessary for the purposes for which it was collected, or as required by law.

• Proceedings files: 7 years after final determination (Certificate of Finality).
• Roster records: for the duration of Roster membership, plus 7 years after termination.
• Training records: for the duration of enrolment, plus 5 years after completion.
• Website analytics: aggregated data retained for 12 months.

7. Data Subject Rights

Under the Data Protection Act, 2019, you have the right to:

• Access your personal data.
• Rectify inaccurate or incomplete data.
• Erasure (right to be forgotten) – subject to legal retention obligations.
• Restrict processing – in certain circumstances.
• Object to processing based on legitimate interests.
• Data portability – for data processed by automated means.
• Lodge a complaint with the Office of the Data Protection Commissioner.

To exercise these rights, contact our Data Protection Officer at dpo@aluochier.co.ke.

8. Security of Personal Data

We implement appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or alteration. These include access controls, encryption where appropriate, and regular security reviews. However, no system is completely secure, and we cannot guarantee absolute security.

8A. International Data Transfers

Your personal data may be processed on servers located outside Kenya. For example, our cloud storage services (e.g., Google Workspace) may host data on servers in various countries. Where such transfers occur, we ensure appropriate safeguards are in place to protect your personal data in accordance with the Data Protection Act, 2019.

9. Changes to This Privacy Notice

We may update this notice from time to time. Changes will be published on this page and, where appropriate, notified to you by email or through the ACDS portal. The date of the latest revision is at the top of this notice.

10. Contact Us

If you have questions about this privacy notice or how we handle your personal data, please contact:

Data Protection Officer
Aluochier Dispute Resolution
P O Box 436-40404, Rongo, Kenya
Email: dpo@aluochier.co.ke

You also have the right to lodge a complaint with the Office of the Data Protection Commissioner (www.odpc.go.ke).