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Audio and web conferences with 35 participants.
Personal data is information that can help identify an individual, i.e. data that can be traced back to a single person. This typically includes a person’s name, email address or telephone number. Purely technical data that can be assigned to a single person is also considered personal data.
Please contact the Data Protection Officer directly if you have any questions or concerns about safeguarding your data protection rights. You can reach our Data Protection Officer using the contact details provided above (FAO: Data Protection Officer).
Each time meetyoo websites are called up, we automatically collect a set of technical data that is specific to the individual person making the visit.
This data is not merged with any other personally identifiable data that you actively provide when visiting meetyoo websites. We collect server log files for the purpose of administering the website and detecting and preventing unauthorised access.
IP addresses are assigned to each device (e.g. smartphone, tablet, PC) connected to the Internet. The IP address depends on the Internet access point your device currently uses to connect to the Internet. It may be the IP address that your Internet service provider has assigned to you, e.g. if you are connected to the Internet at home using your wi-fi connection. It may also be an IP address that your mobile service provider has assigned to you, or the IP address from a public or private wi-fi point or other Internet access provider. In its current form (IPv4), the IP address consists of four digits. In most cases, you will not be assigned a permanent IP address as a private user, but a temporary one assigned to you by your provider (what is referred to as a ‘dynamic IP address’). In the case of a permanently assigned IP address (what is referred to as a ‘static IP address’), the clear assignment of user data is simpler in principle. Except for purposes of tracing unauthorised access to our Internet offering, we generally do not use this data specific to an individual person, but analyse it on an anonymous basis only, such as in terms of which of our websites are most popular, how often are they accessed every day, and similar statistics.
Our website already supports the new IPv6 address standard. If you already have an IPv6 address, you also need to be aware of the following: an IPv6 address consists of eight blocks of four. As with full IPv4 addresses, the first four blocks are typically assigned to private users dynamically. The last four blocks of the IPv6 address (what are referred to as “interface identifiers”) are determined by the device you are using to browse the website. Insofar as this is not set differently in your operating system, what is referred as the MAC address is used for this. The MAC address is a kind of serial number that is unique to each IP-capable device worldwide. For this reason, we do not store the last four blocks of your IPv6 address. In general, we recommend enabling the “privacy extensions” on your device in order to better anonymise the last four blocks of your IPv6 address. Most standard operating systems have a privacy extensions function, which in some cases is not factory-set.
Cookies are small text files that are saved on your device by the respective browser you use when you access meetyoo websites. Individual services of a website can ‘recognise’ and ‘remember’ you in this way in terms of which settings you have made. This primarily helps to make websites more user-friendly and benefit the user (e.g. by storing login details). Secondly, cookies also help to collect statistical data relating to use of the website by using the data acquired for analysis and advertising purposes.
Some cookies are automatically deleted from your device as soon as you leave the website (what are referred to as ‘session cookies’). Other cookies are stored for a period of time that does not exceed two years (‘persistent cookies’). We also use what are referred to as third-party cookies, which are managed by third parties in order to provide certain services.
The personal data in log files is processed on the basis of Art. 6 (1) (f) GDPR. This legal permission allows personal data to be processed in the context of the ‘legitimate interest’ of the data controller, unless your fundamental rights, freedoms or interests prevail. Our legitimate interest lies in simplifying administration and enabling us to detect and track hacking. You can object to your personal data being processed at any time if your particular situation gives rise to reasons that call the processing of your personal data into question. All you need to do is send an email to privacy@meetyoo.com.
The server log files containing the forgoing data are deleted automatically after 30 days. If facts exist that suggest that unauthorised access can be assumed (such as attempts at hacking or what are referred to as ‘DDOS attacks’), we reserve the right to store the server log files for longer.
When contact is made with us (such as over the contact form or by email), the information you provide is saved for purposes of processing the enquiry and in the eventuality that there are follow-up questions.
The information provided in the context of establishing contact is processed on the basis of Art. 6 (1) (a) and (f) GDPR. This legal permission allows personal data to be processed in the context of the ‘legitimate interest’ of the data controller, unless your fundamental rights, freedoms or interests prevail. Our legitimate interest lies in our processing the contact made. You can object to your personal data being processed at any time if your particular situation gives rise to reasons that call the processing of your personal data into question. All you need to do is send an email to privacy@meetyoo.com.
The personal data stored in the course of establishing contact will be deleted if the concerns associated with the contact made have been clarified in full and it is also unlikely that the specific instance of contact made will become relevant again in future.
We provide interested parties and prospective customers with various free downloads (white papers). In doing so, we use the data collected for information purposes in the area of meeting communication and our products used and may contact you by phone/mail/e-mail.
The personal data we store when you download free information is deleted if you withdraw your consent.
Data processing in the aforementioned regard takes place in accordance with your consent, which you provided when you subscribed to the newsletter.
The personal data stored when you subscribe to our newsletter is deleted if you withdraw your consent.
Registering for a trial account is designed to give you a quick and easy insight into our product and service offerings. The purpose of entering your email address is to send you the access details for your trial account. During the duration of the trial account period and beyond, if necessary, you will receive tips and recommendations for using and deploying our tool and other product options that may be of interest to you.
Your trial account is in no way bound by this product-related information. You can unsubscribe from receiving further messages at any time by clicking on the link at the end of every email. Any use or disclosure of your email address does not take place at any time. You always have full control over and the ability to decide whether and how we can communicate with you.
Data processing in the aforementioned regard takes place in accordance with your consent, which you provided when you requested the trial account.
The email address you registered with is stored for a maximum of 12 months in order to prevent misuse and the submission of repeated orders for free conference access. The personal data stored when you register for your trial account will therefore be blocked for further communication initially if you withdraw your consent. Trial conference rooms are automatically deactivated and deleted after a maximum of 12 months if they are not used.
We conduct customer surveys to determine customer satisfaction. In these online surveys, customers registered for a meetyoo service receive an email containing a link to participate in the online survey. We use the opt-out procedure here. This means that the person who receives this email can object to participating in the online survey in future without incurring any costs. All you need to do is send an email to unsubscribe@meetyoo.com. In this case, we store the IP address and the date and time of the cancellation confirmation to prove that cancellation was duly performed. If a prize draw takes place amongst the survey participants, the winner’s address data and email address are also used for duly delivering the prize.
We use SurveyMonkey, a service of SurveyMonkey Inc., to conduct online surveys.
SurveyMonkey Inc. is a US-based research company with a presence in Ireland. SurveyMonkey is certified under the EU–US Privacy Shield. When answering the online questionnaire, what are referred to as cookies are set, which are stored on your computer and facilitate the authentication and functional use of the survey tool. SurveyMonkey evaluates the information collected (e.g. IP address, answers to the questions, scores) on our behalf to generate the results of the customer survey. We have concluded an data processing agreement with SurveyMonkey Inc. in accordance with Art. 28 GDPR.
More information from SurveyMonkey with regard to the EU data protection regulations. You can find more information about the cookies used by SurveyMonkey here.
You can prevent cookies from being stored at any time by making the relevant settings in your browser.
Personal data is processed in the aforementioned customer survey on the basis of Art. 6 (1) (f) GDPR. This legal permission allows personal data to be processed in the context of the ‘legitimate interest’ of the data controller, unless your fundamental rights, freedoms or interests prevail. Our legitimate interest lies in analysing customer satisfaction. You can opt out of participating in customer surveys in the future by using the opt-out procedure contained in the invitation email.
We will remove the personal reference to you no later than 2 weeks after completing the survey, so that only statistical data for the analysis remains stored. The data from those participants who received a prize in a survey is stored following completion of the survey until due delivery of the prize and beyond, until the limitation period for any reciprocal claims from delivering the prize have expired.
We collect personal data for the order process when processing online orders (e.g. BusinessMeeting, meetgreen, meetgreenPlus, easyAudio, SmartBasic, SmartPower, SmartPro) and for opening a customer account, which includes: name, contact details (e.g. email address, postal address) and, if relevant, payment data. Disclosure of your data to several companies may take place generally under strict compliance with the legal requirements, insofar as this is necessary for processing our contractual relationship. If payment services (e.g. Visa, Mastercard etc.) are used for the payment process, your data is forwarded to the payment services provider used. The same applies to credit institutions charged with making the payment.
Data processing takes place here on the basis of Art. 6 (1) (b) GDPR. In accordance with Art. 6. (1) (b) GDPR, data processing is then allowed when required for fulfilling a contract. In order to fulfil your order, we need to process personal data relating to you and, if necessary, disclose this data to payment service providers.
Personal data stored in the context of online orders is stored for the entire duration of the customer relationship. Owing to retention periods laid down by the German Tax Code (AO) and Commercial Code (HGB), we store the order data on a contractual basis for up to 10 years after the end of the customer relationship. When the contract is terminated, your data is blocked as a matter of course and is not used for any other purpose until the statutory retention periods expire.
The use of specific meetyoo services (e.g. Webcast, Virtual Fair, Media Library, Web Conference, Telephone Conference, AudioEvent, EventManager, customer portal and Outlook add-in) requires registration. The data stored during registration is visible on the input screen in the respective registration form. In standard cases, this is your first name, last name, company, email address and password/PIN. Required fields are marked as such. Your IP address and the date and time of your registration are also saved when you register on our website. This takes place as a safeguard for us for those cases where third parties abuse your data and use it to register on our websites without your knowledge. We provide the aforementioned services on a technical basis for the respective contracting party. We are responsible for data protection for the registration itself.
In terms of data protection law, the respective contracting party is responsible for staging conferences/webcasts based on our services and the personal data processed within the context of these. We act as a contractor in the provision of the product within the framework of data processing in accordance with Art 28 GDPR. The decision concerning the specific type of data processing and its further use is the sole responsibility of the contracting party. We merely cater for the technical implementation and provision of the service and do not process the data for our own purposes.
We would like to point out that any consent provided under data protection law can be withdrawn at any time with effect for the future. Please contact the event organiser in this regard if you wish to withdraw your consent.
A webcast is a modern communication tool that allows information to be transmitted to large amounts of people over the Internet at the same time. Webcasts are held by one or several presenters who use computers to make presentations or show videos, among other things. At virtual fairs, various stands are placed on offer, through which participants can contact the owners of the stands, download information material and participate in a series of webcasts. A media library is a collection of several live and on-demand webcasts.
Participants need to register in advance to participate in a webcast or virtual fair, or use a media library. This can take place by direct e-mail invitation by the organiser. After registration, you receive a confirmation link by email. To complete registration, you first need to activate your registration by clicking on the confirmation link (double-opt-in procedure). When you register for a webcast, you receive a series of reminder emails and possibly an email after participating in the event itself that possibly contains “acknowledgements”, “on demand releases” or “requests for feedback” etc. (depending on the contract assigned by the organiser). We would like to point out that you can withdraw your consent to receiving such messages at any time by clicking on the cancel registration link at the end of the email.
With a live webcast, the event takes place the moment the broadcast is transmitted. The presentation is live, video transmission is live and interaction with the audience takes place live.
Unlike a live webcast, an on-demand webcast takes the form of pre-recorded content that is then delivered on demand. This may be a live event that is recorded to be broadcast online afterwards. It can also be a recording that was expressly produced for on-demand viewing only.
We collect, process, store and use personal data as follows during the registration for and participation in one of the aforementioned media (webcast, virtual fair, media library): The data is stored when you register. This data is visible on the input screen on the registration form. In standard cases, this is your first name, last name and email address. Required fields are marked as such. While dialling in, the IP address, technical information about the end device and browser used, including the version and any plugins installed, as well as fonts, data volumes, data transmission information, such as access status/HTTP status code and data volume, are processed. Technical error codes and the date and time that the dial-in took place and the time zone are also processed.
When participating in a webcast, you may be given the opportunity to ask the presenter, organiser or other participants questions and make your own contributions in chat sessions or audio transmissions. The respective event shows whether your contributions are displayed and transmitted to the presenter and organiser only, or to the other participants as well. We process the contents of your questions and submissions, along with the time and date as part of providing these functions.
Depending on the settings made by the respective organiser, the time, duration and circumstances of your participation in the event may also be recorded when participating in a webcast, live event and with on-demand participation. This data is used to create the billing for the organiser, to allow him to control and manage the event and, if necessary, to facilitate evaluation of the event, if required. You can source the details from the dedicated information for the specific event.
When voting takes place during participation in a webcast, live and on-demand event, data on the result of the votes (number of votes cast and percentage distribution) is collected and processed. In the wake of registration, the voting behaviour is processed on a personal basis using the respective name of the participant. If a webcast is offered where no registration is required, then voting behaviour is anonymous.
With most events, you have the opportunity to answer short online surveys to provide the organisers with valuable feedback on the event you participated in. The timing and content of your feedback is stored on a personal basis on our platform. Evaluation of the feedback is usually transmitted to the organiser on a personal basis, unless the latter has expressly requested transmission in anonymous form.
Some webcasts offer you the chance to participate in learning checks or online tests. Participants in these webcasts receive an online questionnaire for these tests so that they can, for example, obtain a certificate. Information about the answers to this questionnaire and the percentage test results are stored on our platform. This information is usually transmitted to the organiser on a personal basis, unless the latter has expressly requested transmission in anonymous form. The results of the online test are sent to you by email afterwards. If you pass the test, you also receive the certificate by email.
Participants need to register for the web conference in advance, or they receive an invitation from the organizer directly. The invitation, which is usually sent by email, contains a link for accessing the web conference and an access PIN.
Your name and PIN are processed within the context of participating in the web conference. To facilitate the technical provision of the services, we process your IP address, technical information about the end device and browser used, including the version and any plugins installed, technical information for data transmission, such as access status/HTTP status code, data volume and any technical error codes, as well the date and time when the web conference is used.
When participating in the web conference, you may be given the opportunity to ask the presenter, organiser or other participants questions and make your own contributions in chat sessions or audio transmissions. The time, duration and circumstances of your participation in the respective web conference are recorded. This data is used to allow the initiator of the conference to be billed, allow him to control and manage the event and, if required, safeguard the evaluation of the event afterwards. Information about how your data is used is available from the initiator of the web conference.
You receive access data from the organiser so that you can participate in the telephone conference or audio event. You dial in with a dial-in number and a PIN, if applicable. When you participate in a telephone conference, the call details are recorded, including the date and time of the call, the number, the dial-in number and the duration of the call. Call data is subject to telecommunications secrecy and the strict provisions of the German Telecommunications Act (TKG). We use the call details for billing purposes only and to provide the conference room owner/organiser with statistics about their telephone conference in abridged (anonymised) form. When registering for an audio event, we may also ask you to provide us with registration details by phone or online registration, which we record. As standard, this is your name, company and email address. We collect registration details on behalf of the organiser responsible exclusively. The aforementioned registration details are transferred to the organiser within the framework of fulfilling the contract. We do not process this data ourselves for our own purposes.
If the contracting party wants to make a presentation in addition to his audio event, you can follow the presentation online using our EventManager. The sound comes from AudioEvent (telephone conference), which you have also dialled in to. Participants first have to register/sign in to be able to participate in the online presentation via EventManager.
During the dial-in procedure, your name, company name (if applicable), email address and password are processed. To facilitate the technical provision of the services, we process your IP address, technical information about the end device and browser used, including the version and any plugins and fonts installed, data volumes, technical information for data transmission, such as access status/HTTP status code, data volume and any technical error codes, as well the date and time when the web conference is used.
You may be given the chance to ask the presenter, organiser or other participants questions through EventManager, and make your own contributions in chat sessions or audio transmissions. The respective event shows whether your contributions are displayed and transmitted to the presenter and organiser only, or to the other participants as well. We process the contents of your questions and submissions, along with the time and date as a part of providing these functions.
The telephone conference will inform you whether the conference and, if applicable, your posts are recorded during the conference (e.g. chat, Q&A session). We supply the contracting party with the record in file form or online.
Personal registration is required to use the meetyoo customer portal. To register, the user uses his email address for his username and selects a personal password. To activate his conference rooms in the customer portal, the user authorises himself using a moderator PIN. The customer portal allows our customers to manage their conference rooms, invoices and conference records/statistics, and control telephone and web conferencing events. While using the customer portal, the server log files mentioned under Item 1 are stored along with behavioural data concerning the use of the various portal functions, so that the customer can track the change history (e.g. address changes) during later customer enquiries.
To make organising your telephone and web conferences easy, we offer you an Outlook add-in which you can download from the Microsoft Office Library. The Outlook add-in allows you to quickly and easily organise your telephone or web conference from Outlook directly and invite your participants. Predefined conference information, such as invitation text, dial-in numbers and conference PIN are sent together with your meeting request and stored as an appointment in the calendar. Condition for using the app is a meetyoo conference room (https://meetyoo.com/products/business–meeting/) in the tariffs BusinessAudio or BusinessMeeting and access to the meetyoo customer portal (https://portal.meetyoo.de/).
The add-in can access and modify personal information in the email message being edited, such as text, subject, sender, recipient and attachment information. This is used solely to create invitation templates and calendar entries. Other items in your mailbox cannot be read or modified.
Processing personal data in the context of using meetyoo services takes place on the basis of Art. 6 (1) (b) GDPR.
In accordance with Art. 6. (1) (b) GDPR, data processing is then allowed when required for fulfilling a contract. We need to process the personal information detailed in this section in order to be able to make meetyoo services available to you in accordance with the contract.
Connection data from telephone conferences is deleted no later than 6 months after invoicing in accordance with the German Federal Telecommunications Act (TKG). We keep records in our system for the contracting party for up to 55 days. After this period, this data is also deleted. Credentials for audio events are deleted 6 months after billing.
Registration data is stored for as long as it is necessary for using the service and is deleted on request. The personal data associated with your registration/participation in a webcast, virtual fair or media library, provided by giving feedback or answering questions and responding to and participating in online tests, is deleted no later than 12 months after the on-demand version expires. The standard period of archiving for a webcast is 3-12 months (depending on the job commissioned by the organiser).
Registration data for media library users (collection of webcasts) who have not logged in to the media library for a maximum period of 3 years is deleted automatically when this period expires.
Owing to retention periods laid down by the German Tax Code (AO) and Commercial Code (HGB), tax-relevant personal data which is processed in the context of using meetyoo services is stored for up to 10 years after the end of a specific conference (e.g. orders, offer forms etc.).
We regularly organise our own webcasts on interesting topics for our customers, interested parties and prospective customers.
Insofar as we organise these events alone as an exception, we are solely responsible in terms of data protection law. Often these are collaborative events between us and the partners named on the registration page for the webcast, with both us and the partner(s) inviting participants to the webcasts based on their own contact databases. In this case, we and the respective partners are jointly responsible (joint controllers) according to Art. 26 GDPR. The central contact person for the collection, processing and use of your personal data in terms of the German Federal Data Protection Act (BDSG) and, as service providers, in terms of the German Teleservices Act (TMG) is meetyoo conferencing GmbH, which can be reached under the aforementioned contact details.
The decision on the specific way in which the data is processed and its further use is decided jointly by us and the cooperation partners and recorded in a written data processing agreement by the jointly responsible entities in accordance with Art. 26 GDPR. On completion of the joint event, we provide the partner with analyses concerning your participation in the webcast (specifically, whether and for how long and when you participated) which we transfer to the partners. With your consent, you have agreed to your data being collected, processed and used for the purpose of participation, and being used for subsequent marketing and sales campaigns by us and the participating cooperation partners. Your data is not disclosed to third parties. We would like to point out that any consent provided under data protection law can be withdrawn at any time with effect for the future.
“By clicking on the “Submit” button, I consent to receiving information by email in future about offers and services through meetyoo conferencing GmbH and the partners cooperating in this webcast. During the webcast, meetyoo will prepare analyses of my participation and supply this data to the partner. You can withdraw your consent at any time by contacting privacy@meetyoo.com.
“By clicking on by the “Submit” button, I consent to receiving information by email in future about offers and services through meetyoo conferencing GmbH.You can withdraw your consent at any time by contacting privacy@meetyoo.com“.
If you withdraw, please provide us with the date and name of the webcast you visited, if possible, so that we can also inform our cooperation partner that you have withdrawn.
The personal data stored when you participate in a meetyoo marketing webcast is deleted if you withdraw your consent.
We perform employment application management procedures for recruiting and filling open positions at our company.
These positions are published on our meetyoo website (“Careers”) and other online job boards. We use “Prescreen”, a service from Prescreen International GmbH, to manage candidates, including receiving and managing application documents. Prescreen International GmbH is a software house for online application management based in Mariahilfer Straße 17, 1060 Vienna, Austria, (prescreen.io).
When completing the online application form from Prescreen, what are referred to as cookies are used, which are stored on your computer and facilitate the authentication and functional use of the application tool. We have concluded a data processing agreement with Prescreen in accordance with Art. 28 GDPR.
More information on the GDPR and Prescreen.
If you have questions about Prescreen, you can contact them by email at support@prescreen.io.
By submitting your application over the Prescreen tool, you agree that your data will be stored by Prescreen and processed and managed by us.
Alternatively, candidates also have the option of sending their applications by email directly to our HR department, or by sending the URL of their personal online career profile (e.g. LinkedIn or XING profile URL, personal homepage link or link to the application documents in your personal Google Drive/DropBox folder) over the meetyoo website.
The only mandatory personal data we collect is the personal data required for completing the application process. If we collect data that is not absolutely necessary, it is only collected voluntarily. Mandatory information is always marked as such. We treat your personal data confidentially at all times and process it exclusively for the purpose of processing your application to our company. Processing as a part of the application procedure includes pre-selection of the applications we receive, invitations to and performance of interviews and follow-up interviews, including sending out acceptance or rejection letters to candidates. The transmission or disclosure to third parties of your data does not take place, unless this is necessary for fulfilling the contractual relationship, if we are obliged to do so by law or if you have consented to it being disclosed accordingly.
The electronic communication that takes place between you and us is also stored.
Your data is used exclusively for processing your application. Only those persons involved in processing your application receive access to your data. All employees responsible for processing data are obliged to safeguard the confidentiality of your data.
Personal data is processed during the aforementioned application procedure on the basis of Art. 6 (1) (f) GDPR. This legal permission allows personal data to be processed in the context of the ‘legitimate interest’ of the data controller, unless your fundamental rights, freedoms or interests prevail. Our legitimate interest lies in processing your application, filling vacant posts and being able to refute possible allegations of discrimination. If an employment relationship is established, we take your application documents into account in your personal development at the company (e.g. with regard to skills and qualifications).
You can withdraw your consent at any time by contacting privacy@meetyoo.com.
Applicant data is stored on the Prescreen platform, or in the email account, for up to 6 months after rejection and is held by us. After 6 months, all data collected is deleted. An exception to this is formed when you consent to your candidate data being included in our talent pool.
If the candidate agrees to have their candidate data included in the talent pool, all their data is saved in order to be able to contact them about vacancies of a different nature that occur at a later date. The application documents in our talent pool are either deleted at the request of the candidate/if the candidate withdraws or after a maximum period of 2 years. If a candidate is recruited, the application documents are kept for the duration of the employment relationship.
We use Google Analytics. Google Analytics is a web analytics service from Google LLC (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses several “cookies” (see above) to identify your browser. The information on how you use meetyoo websites generated by the cookies is usually transferred to a Google server in the USA and stored there. However, we have enabled the IP anonymisation function on this website so that your IP address is truncated by Google, if it is located within the member states of the European Union or other parties to the agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the US and truncated there. Google uses this information on behalf of the operator of our website to evaluate how you use meetyoo websites in order to compile reports on website activity to provide the website operator with website and internet-related services. As a part of the Google Analytics service, the IP address transferred by your browser is not merged with other data from Google. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU–US–Framework, to cover exceptional cases where personal data is transferred to the USA.
We use Google Tag Manager. Google Tag Manager is a tool from Google LLC (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Tag Manager is a solution that marketers use to be able to manage web page tags from a single interface. The Tag Manager tool itself (which implements the tags) is a cookie-free domain. The tool serves for triggering other tags that, in themselves, may collect data in certain circumstances. Google Tag Manager does not access this data. Google Tag Manager itself does not process personal data. If disabled at domain or cookie level, it remains in effect for all tracking tags implemented with Google Tag Manager. Turning off tracking in your browser prevents Google Tag Manager from functioning in full.
We use Google reCAPTCHA. Google reCAPTCHA is a service from Google LLC (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. This feature allows us to provide more data security when submitting forms. By using Google reCAPTCHA, a distinction is made between whether the entries on a form are made by a natural person, or whether misuse took place by automated entries being made. A minimum of your IP address is transmitted to Google in this context. The IP address transferred as a part of Google reCAPTCHA is not merged with other data from Google. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU–US–Framework, to cover exceptional cases where personal data is transferred to the USA.
We use Google G-Suite. Google G Suite is a service from Google LLC (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. In isolated cases we store data via the Google G Suite service, which is usually non-personal.
Google G/Suite data is stored at European data centres. For further information on the data protection policies of Google, please refer to https://policies.google.com/privacy?hl=en&gl=de.
You can object to Hotjar storing a user profile and information about your visit to our website, including Hotjar tracking cookies being set on other websites, by clicking on this opt–outlink.
We use HubSpot, a service from HubSpot Inc., for analysis purposes. HubSpot is a US-based software house with a presence in Ireland. HubSpot is certified under the EU–US Privacy Shield.
HubSpot uses what are referred to as “Cookies”, which are stored on your computer, and allow your use of the website to be analysed. HubSpot analyses the information collected (e.g. IP address, geographic location, browser type, duration of visit and pages accessed) on our behalf to generate reports about your visit.
More information about HubSpot and the EUdata protection regulations.
You can find more information about the cookies used by HubSpot Go here and here.
If you do not want HubSpot to collect data, you can prevent cookies being stored on your computer at any time by making the appropriate settings in your browser.
We use Optimizely and Optimizely Logging. Optimizely and Optimizely Logging is a web analytics service from Optimizely Inc. (“Optimizely”), 631 Howard St. Suite 94105, San Francisco, CA 94107, USA. The tool uses what are referred to as A/B and multi-variant tests, which allow two or more versions of a partial or complete web page to be tested during real-time operation to analyse the effects of each change.
The information collected here is stored in pseudonymous form, i.e. the respective identifying features are automatically replaced by a pseudonym or code to avoid identification of the user concerned. Cookies are used for this purpose. These are set by us and the Optimizely Inc. log sub-domain. In this case, you can also reset previously saved cookies in your web browser to delete these cookies as well. You can also prevent cookies from being stored on your computer in future by making the appropriate settings in your browser. If you do so, however, you should note that you may not be able to use all the features of our website in full.
Personal data is processed by the aforementioned named services on the basis of Art. 6 (1) (f) GDPR. This legal permission allows personal data to be processed in the context of the ‘legitimate interest’ of the data controller, unless your fundamental rights, freedoms or interests prevail. Our legitimate interest lies in analysing the use of our website. The IP address transferred as a part of Google services is not merged with other data from Google. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU–US–Framework, to cover exceptional cases where personal data is transferred to the USA. You can prevent the data generated by cookies and the data relating to your use of the website (incl. your IP address) being transferred and processed by making the appropriate settings in your browser and for Google Analytics, by downloading and installing the browser plug-in available from the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
The personal reference is removed immediately by partially deleting the IP address, so that only statistical data is stored.
We use Google AdWords Conversion Tracking. Google AdWords Conversion Tracking is an analytics service from Google LLC (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.
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Sundaram Finance Ltd. Vs. Abdul Samad & ANR.
1. The divergence of legal opinion of different High Courts on the question as to whether an award under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'said Act') is required to be first filed in the court having jurisdiction over the arbitration proceedings for execution and then to obtain transfer of the decree or whether the award can be straightway filed and executed in the Court where the assets are located is required to be settled in the present appeal.
2. The appellant claims that the first respondent approached the appellant for grant of a loan for purchase of a Tata Lorry-HCV 2005 model, which loan was granted by the appellant on the terms & conditions specified in the Loan Agreement dated 18.8.2005. Respondent No.2 is stated to have stood guarantee for the repayment of the loan by executing a separate guarantee letter of the same date. The loan had to be repaid in installments commencing 3.9.2005 to 3.1.2009.
3. The appellant alleges that respondent No.1 committed default in payment from the 20th installment onwards. The repossession, however, of the vehicle could not take place and in order to recover the loan, arbitration proceedings were initiated in terms of the arbitration clause contained in the Loan Agreement. Mr. S. Santhanakrishnan, Advocate was appointed as the sole arbitrator on 3.5.2011 and the claim statement was filed before the arbitrator but the respondents remained unserved. Notice was served through publication but since none appeared for the respondents, an ex parte arbitration award was made on 22.10.2011 for a sum of Rs.12.69,420 with interest at 18 per cent per annum from 4.4.2011 till realization and costs.
4. The case of the appellant is that the award being enforceable as a decree under Section 36 of the said Act, execution proceedings were filed in the jurisdiction of the courts at Morena, Madhya Pradesh under Section 47 read with Section 151 and Order 21 Rule 27 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'said Code'). The respondents sought to contest the proceedings inter alia on the ground that the vehicle against which the loan was obtained was stolen. It is not necessary to go into further details of the proceedings but suffice to say that the trial court vide order dated 20.3.2014 return the execution application on account of lack of jurisdiction to be presented to the court of competent jurisdiction.
The effect of the judgment was that the appellant was required to file the execution proceedings first before the court of competent jurisdiction in Tamil Nadu, obtain a transfer of the decree and then only could the proceedings be filed in the trial court at Morena. This view adopted by the trial court was in turn based on the judgment of the Madhya Pradesh High Court and the opinion of the Karnataka High Court while it is pleaded that the view of the Rajasthan High Court and the Delhi High Court were to the contrary.
i. Computer Sciences Corporation India Pvt. Ltd. v. Harishchandra Lodwal & Anr.1- The learned single Judge of the Madhya Pradesh High Court took recourse to the provisions of Section 42 of the said Act, dealing with the issue of jurisdiction in respect of an arbitration agreement read with Section 2(e) of the said Act which defines the 'Court'. In the context of Section 36 of the said Act dealing with the enforcement of an award prescribing 1 AIR 2006 Madhya Pradesh that "the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court," it was observed that the same principle would apply as for enforcing of a decree. Since Section 37 of the Code defines the Court which passes the decree and Section 39 lays down the procedure for transfer of decree, it was opined that for execution of an award a transfer of the decree was mandatory.
ii. Jasvinder Kaur & Anr. v. Tata Motor Finance Limited2 of the High Court of Himachal Pradesh, Shimla - the learned single Judge took note of the fact that the arbitration proceedings were to be settled in Mumbai in accordance with the said Act and the award had been made in Mumbai. Thereafter the learned single Judge copiously extracted from the judgment of this Court in Swastik Gases Private Limited v. Indian Oil Corporation Limited3. The learned Judge then proceeded to, once again, copiously extract from the then prevailing view of the Karnataka High Court where a learned single Judge in I.C.D.S. Ltd. v. Mangala Builders Pvt. Ltd. & Ors.4 had opined in favour of the 2 CMPMO No.56/2013 decided on 17.9.2013 3 JT 2013 (10) SC 35 4 AIR 2001 Karnataka 364 aforesaid view.
B. An award is to be enforced in accordance with the provisions of the said Code in the same manner as if it were a decree of the Court as per Section 36 of the said Act does not imply that the award is a decree of a particular court and it is only a fiction. Thus, the award can be filed for execution before the court where the assets of the judgment debtor are located: i. Daelim Industrial Co. Ltd. v. Numaligarh Refinery Ltd.5 (Delhi High Court) - The learned single Judge of the Delhi High Court repelled the contention that the jurisdictional Section 42 of the said Act requiring an application under Section 34 of the said Act to be filed in that Court would not extend to the execution of a decree.
The execution application was not 'arbitral proceedings'. Section 38 of the said Code applies to a decree passed by the Court prescribing that the decree may be executed by the Court which passed it, or by the Court to which it was sent for execution. In case of an award no court passes the decree. The learned single Judge went into the discussion of the effect of the provisions of Section 635(4) of the Companies Act, 5 2009 159 DLT 579 1956 providing for the order of the Company Law Board to be enforced by the Court in certain circumstances to draw an analogy therefrom.
ii. Maharashtra Apex Corporation Limited v. V. Balaji G. & Anr.6 (Kerala High Court) - The learned single Judge expressed the view that the Court cannot insist for a decree to receive an execution application on its file and, thus, there was no question of transfer of a decree. The execution court was to accept the execution petition with a certified copy of the award wherever it was filed.
iii. Kotak Mahindra Bank Ltd. v. Sivakama Sundari & Ors.7 (Madras High Court) - Section 39 of the Code enables the Court which passed the decree to transfer it to any subordinate court even of its own motion without application by the decree holder. The learned single Judge of the Madras High Court examined the provisions of the said Act and the said Code and in the process, a reference was made to Section 41 of the said Code imposing an obligation upon the executing court to inform the court which passed the decree about the completion of execution or about the failure to execute the decree along with attending circumstances. A passing reference was made to Section 46 of the said Act which speaks of precepts. In a nutshell the conclusion made was that every decree of a civil court was liable to be executed primarily by the court which passed the decree.
"19. While the award passed by an arbitral tribunal is deemed to be a decree of a civil court under section 36 of the 1996 Act, there is no deeming fiction anywhere to hold that the court within whose jurisdiction the arbitral award was passed, should be taken to be the court which passed the decree. Therefore, the whole procedure of filing an execution petition before the court within whose jurisdiction the arbitral award was passed, as though it is the court which passed the decree, is pathetically misconceived."
"21. Therefore, it is clear that no Court to which an application for execution of an award is presented, can insist on the filing of the execution petition first before some other Court and to have it transmitted to it later. It appears that the High Court of Bombay has also adopted the same view, though not by a very elaborate order." In another perspective it was observed that in view of Section 21 of the said Act parties could determine the place of arbitration and thus, the Act transcends all territorial barriers.
iv. Kotak Mahindra Bank Ltd.
v. Ram Sharan Gurjar & Anr.8 (Rajasthan High Court) - The learned single Judge of the Rajasthan High Court agreed with the view adopted by the Delhi High Court. v. GE Money Financial Services Ltd. v. Mohd. Azaz & Anr.9 (Allahabad High Court, Lucknow Bench) - The learned single Judge observed that the arbitrator cannot be treated as a court although the award made by him will be executed as a decree. SCC OnLine All 13365 = (2013) 100 ALR 766 Thus, Sections, 38 & 39 of the said Code would have no application and the award can, thus, be filed for execution as a decree of civil court wherever the judgment debtor resides or carries on business or has properties within the jurisdiction of the said court. vi. Indusind Bank Ltd. v. Bhullar Transport Company10(Punjab & Haryana High Court) - The view of the Delhi High Court referred to aforesaid was adopted.
6. In order to appreciate the controversy, we would first like to deal with the provisions of the said Code and the said Act.
"38. Court by which decree may be executed. - Adecree may be executed either by the Court which passed it, or by the Court to which it is sent for execution."
(d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.
(2) The Court which passed the decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
[(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.]"
(1)Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.
Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.
Questions to be determined by Court executing decree"
10. The relevance of the aforesaid provision is that the application of the decree holder is made to the Court which passed the decree, which issues the precepts to any other Court competent to execute the said decree. As noticed, the expression "the Court which passed the decree" is as per Section 37 of the said Code. We may note at this stage itself that in the case of an award there is no decree passed but the award itself is executed as a decree by fiction. The provisions of the said Act traverse a different path from the Arbitration Act, 1940, which required an award made to be filed in Court and a decree to be passed thereon whereupon it would be executable.
(c) a copy of any order for the execution of the decree, or, if no such order has been made, a certificate to that effect."
(v) otherwise, as the nature of the relief granted may require."
13. A perusal of the aforesaid shows that what is sought to be disclosed is that the details like the number of suits, appeal against the decree, etc. find a place, which really does not have a relevance to the fiction of an award to be treated as a decree of the Court for purposes of execution.
(1) Where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 to 1908), in the same manner as if it were a decree of the court."
15. The aforesaid provision would show that an award is to be enforced in accordance with the provisions of the said code in the same manner as if it were a decree. It is, thus, the enforcement mechanism, which is akin to the enforcement of a decree but the award itself is not a decree of the civil court as no decree whatsoever is passed by the civil court. It is the arbitral tribunal, which renders an award and the tribunal does not have the power of execution of a decree. For the purposes of execution of a decree the award is to be enforced in the same manner as if it was a decree under the said Code.
(ii) in the case of international commercial arbitration, the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of a suit, and in other cases, a High Court having jurisdiction to hear appeals from decrees of courts subordinate to that High Court;]"
"42. Jurisdiction. - Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force, where with respect to an arbitration agreement any application under this Part has been made in a Court, that Court alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of that agreement and the arbitral proceedings shall be made in that Court and in no other Court."
(1) The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2).
(c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
(3) Subject to section 33 and sub-section (4) of section 34, the mandate of the arbitral tribunal shall terminate with the termination of the arbitral proceedings."
19. The aforesaid provision provides for arbitral proceedings to be terminated by the final arbitral award. Thus, when an award is already made, of which execution is sought, the arbitral proceedings already stand terminated on the making of the final award. Thus, it is not appreciated how Section 42 of the said Act, which deals with the jurisdiction issue in respect of arbitral proceedings, would have any relevance. It does appear that the provisions of the said Code and the said Act have been mixed up.
20. It is in the aforesaid context that the view adopted by the Delhi High Court in Daelim Industrial Co. Ltd. v. Numaligarh Refinery Ltd.12 records that Section 42 of the Act would not supra apply to an execution application, which is not an arbitral proceeding and that Section 38 of the Code would apply to a decree passed by the Court, while in the case of an award no court has passed the decree.
21. The Madras High Court in Kotak Mahindra Bank Ltd. v. Sivakama Sundari & Ors.13referred to Section 46 of the said Code, which spoke of precepts but stopped at that. In the context of the Code, thus, the view adopted is that the decree of a civil court is liable to be executed primarily by the Court, which passes the decree where an execution application has to be filed at the first instance. An award under Section 36 of the said Act, is equated to a decree of the Court for the purposes of execution and only for that purpose.
Thus, it was rightly observed that while an award passed by the arbitral tribunal is deemed to be a decree under Section 36 of the said Act, there was no deeming fiction anywhere to hold that the Court within whose jurisdiction the arbitral award was passed should be taken to be the Court, which passed the decree. The said Act actually transcends all territorial barriers.
Conclusion: 13 supra. We are, thus, unhesitatingly of the view that the enforcement of an award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court, which would have jurisdiction over the arbitral proceedings.
22. The effect of the aforesaid is that the view taken by the Madhya Pradesh High Court and the Himachal Pradesh High Court is held to be not good in law while the views of Delhi High Court, Kerala High Court, Madras High Court, Rajasthan High Court, Allahabad High Court, Punjab & Haryana High Court and Karnataka High Court reflect the correct legal position, for the reasons we have recorded aforesaid.
23. The appeal is accordingly allowed and the impugned order dated 20.3.2014 is set aside restoring the execution application filed by the appellant before the Morena courts. The parties are left to bear their own costs.

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