LEGAL NOTICE & WEBSITE CHARTER
(RULES OF USE and PERSONAL DATA)

LEGAL NOTICE

1. Information about the website publisher

The publisher of the website accessible with the following URL www.agilit.law is :

AGIL’IT – AARPI (association of lawyers with individual professional responsability) registered with the Paris Bar under the Court Letter Box Number L0084
Office: 11 rue d’Uzès – 75002 Paris
Tel.: +33 (0) 1 81 70 99 24
Fax: +33 (0) 1 84 10 69 49
E-mail: contact@agilit.law

Whose members are :

AGIL’IT
Limited liability company of lawyers registered with the Paris Bar under the Court Letter Box Number L0084
Registered office: 11 rue d’Uzès – 75002 Paris
Paris Registry of Trade and Companies: 834 307 324 / Siret: 834 307 324 00030
Share capital: €15,000
Inter-Community VAT No.: FR41 834 307 324
Tel.: +33 (0) 1 81 70 99 24
Fax: +33 (0) 1 84 10 69 49
E-mail: contact@agilit.law

and

A2C Avocats
Limited liability company of lawyers registered with the Lorient Bar under the Court Letter Box Number xxx
Registered office: 1 rue Honoré d’Estienne d’Orves – Bât Celtic 1 – 56000 Lorient
Lorient Registry of Trade and Companies: 811 072 628 / Siret : 811 072 628 00043
Share capital: xxx €
Inter-Community VAT No.: FRxxx
Tel. : +33 (0) 2 97 37 64 78
Fax. : +33 (0) 2 xxx
E-mail : contact@a2cavocats.com

The Director of the publication is Maître Salomé GARLANDAT, in her capacity as the legal representative of SARL AGIL’IT, member of AARPI AGIL’IT.

AARPI AGIL’IT ans its members are subject to the following professional regulations:

the statutory and regulatory provisions applicable to the legal profession (in particular Laws 71-1130 of 31.12.1971 and 90-1259 of 31.12.1990 reforming certain judicial and legal professions, Decree 91-1197 of 27.11.1991 organising the legal profession etc.);
ethical rules of the legal profession and rules and recommendations issued in particular by the National Bar Council and:
- for SARL AGIL’IT and SARL AGIL’IT, by the Paris Bar Association (National Internal Regulations of the legal profession, Internal Regulations of the Paris Bar etc.);
- for SARL A2C Avocats, by the Lorient Bar Association.

2. Information about the host

The service provider providing direct and permanent storage (host) is:

OVH
2, rue Kellermann
59100 Roubaix
Tél.: + 33 (0) 9 72 10 10 07

WEBSITE CHARTER

Rules of use and personal data

1. Recitals

The website publisher of the website accessible with the URL www.agilit.law (hereinafter, the “website”) is a business law firm. The purpose of the site is to provide users (i.e. any person who visits or uses the site) with information on the firm, its team, its fields of expertise and recent developments (events, publications etc.).

The website also offers functionalities allowing users to contact the firm (contact request, spontaneous application or response to an offer for a job / collaboration / internship etc.), or to subscribe to the newsletter.

The website does not market products or services online.

2. Purpose

The purpose of this Website Charter is to:

define the conditions for access to the site, as well as the terms of use of the site, and the online content offered on it and its functionalities;
inform users of the website publisher’s policy regarding the use of the website by users and the protection of their personal data;
lay down the framework for the relationship between users and the website publisher.

3. Use of the website

3.1 Access

The user who accesses the website acknowledges that they have read this Charter, which is available for inspection on the website under the section entitled “Website Charter: rules of use and personal data”, and undertakes to comply with its terms.
Access to the website is free of charge and open to any user with Internet access. All costs related to access to the website, whether hardware, software or Internet access costs, are borne solely by the user. The user is solely responsible for the proper functioning of his computer equipment and their access to the Internet.

3.2 Security

The website publisher shall apply their best efforts, in accordance with best practice, to secure the website in respect of the risks involved, but cannot, in a general manner, guarantee the user absolute security of the aforesaid website or the Internet.

The user therefore undertakes to take appropriate measures to ensure the security of their own data and/or software, in particular against any viruses, malicious codes or any other harmful technologies or logical infections on the website or on the Internet in general.

The user undertakes not to commit any act that may jeopardize the security of the website or the computer system of other users or the publisher of the website.

The user undertakes not to use any device or software of any kind, or carry out any operations that could have the effect of disrupting, hindering, interfering, distorting or interrupting the normal operation of the website, or that would impose a disproportionate burden on the associated infrastructures.

The user shall also ensure that they do not introduce viruses, malicious codes or any other logical infection or technology harmful to the website or the functionalities offered on it..
The user accepts the characteristics and limitations of the Internet. The user is aware that data circulating on the Internet are not necessarily protected against, in particular, any misuse of such data.

3.3 Availability of the website

The user acknowledges that they have the necessary skills and resources to access and use the website, and acknowledges that they have verified that the computer configuration they use for this purpose is in perfect working order.

The website is, in principle, accessible 24 hours a day, 7 days a week. However, due to the nature and complexity of the Internet, and in particular its technical performance and response times for consulting, querying or transferring data, the website publisher shall apply its best efforts, in accordance with best practice, to allow access to and use of the website and the functionalities offered on it, but cannot guarantee its absolute accessibility or availability.

In addition, the website publisher notably reserves the right, without notice or compensation, to temporarily or permanently close all or part of the website or access to all or part of the functionalities offered on it, notably including, but not limited to, for the purpose of updates, maintenance operations, or changes or modifications to operational methods, servers and accessibility times.

The website publisher reserves the right to complete or modify, at any time, in whole or in part, the functionalities available on the website, notably in-keeping with technological developments.

It is the user’s responsibility to monitor developments in their IT and transmission resources so that they could be adapted in accordance with developments to the website and its functionalities.

3.4 Content quality

The content (information, documents etc. in any form whatsoever, in particular, texts, figures, images etc.) provided and/or disseminated on the website are for information purposes only. Indeed, notwithstanding the care taken in designing and updating the website, its contents are provided “as the user finds them”, as generic information and the website publisher cannot therefore guarantee their accuracy, timeliness, relevance, exhaustiveness or that they are up-to-date, nor their suitability for the user’s requirements.

Therefore, the content on the website should not be considered as authoritative, nor a substitute for the user’s personal judgement, and should not form the sole basis of any decision taken by the user.

In particular, the contents do not constitute online advice or support of any kind and in particular legal, for users. Similarly, the contact form available to users on the website is intended solely to enable them to contact the website publisher, and not to obtain legal advice or information in response to their requests. Moreover in this respect, the website publisher does not guarantee that it will respond to such contact requests within any particular deadline.

In any event, only a personalised analysis of the user’s circumstances and requirements carried out in an interview specifically for this purpose with a member of the website publisher’s team can provide the user with information adapted to the user’s context, circumstances and specific requirements in order to provide them with appropriate support and specific advice.

3.5 Use of the website

The user undertakes to use the functionalities of the website as well as all the content to which they may have access, only for a purpose that complies with current regulations, and in particular public order, morality and the rights of third parties.

The user undertakes to provide only complete, accurate and up-to-date information concerning them, when requested to do so.

4. Liability

The user is solely responsible for the use they make of the website and its functionalities, and undertakes to comply the terms of this Charter in respect of such use.

The website publisher shall not be liable for any breach by a user of this Website Charter or for any consequences or harm of any kind that may result for any person, whether a third party or another user.

The website publisher shall not be liable for any temporary or permanent loss of access to all or part of the website or the functionalities offered on it, for any difficulty relating to response time and, in general, for any failure in performance, or for any consequences or harm of any kind that may result. Similarly, the website publisher shall not be liable for suspensions or disruptions in the use of the website and the functionalities contained therein, whether voluntary or not, nor for consequences or harm of any kind that may result from modifications to, or technical or functional developments of the website.

Similarly, the website publisher shall not be liable for the misuse of information circulating on the Internet or entered on the website, the presence of viruses, malicious codes or any other harmful technologies or other logical infections on the website, or any consequences or harm resulting therefrom.

The website publisher shall not be liable for any consequences or damages of any kind that may result from errors or omissions in the content published on the website or in the responses to contact requests, or from delay in responding to such requests.

In addition, the website publisher declines any liability in relation to any decision taken by the user solely on the basis of the content published on the website or in the replies to contact requests.

In any event, the website publisher shall not be liable for any consequences or harm of any kind related to the communication by the user to the website publisher of inaccurate, incomplete or out-of-date information.

5. Intellectual property

The website as a whole, as well as each of the elements that compose it taken independently, in particular specific programs and developments, its structure and the contents including data, text, fixed or animated images, logotypes, sounds, graphics, photographs and files, are the exclusive property of the website publisher or third parties who have granted them a licence.

Any representation or reproduction, in whole or in part, of the website or any of its components without the express consent of the website publisher is prohibited and would constitute an infringement sanctioned under the Intellectual Property Code. In any event, any representation or reproduction authorised by the website publisher of all or part of the website or its components must bear the mention “Copyright [current year] AGIL’IT – all rights reserved”.

The databases on the website are protected by the Intellectual Property Code and any extraction or reuse, qualitatively or quantitatively substantial, of the content of the databases is sanctioned.

The trademarks and logotypes appearing on the website are trademarks registered by the website publisher or by third parties. Any reproduction, imitation or use, in whole or in part, of these distinctive signs without the express consent of the website publisher and in violation of the prohibitions set out in the Intellectual Property Code, shall cause the offender to incur liability.

Other distinctive signs, in particular company names, trade names, trade names, signs and domain names reproduced on the website are the property of the website publisher or third parties, and any reproduction without express consent is likely to constitute usurpation causing the offender to incur liability.

6. Personal data

The user is informed that the website publisher (for more information on the website publisher, see the “Legal notice” above), in its capacity as the data controller, may be required to collect personal data by means of or through the website, in whole or in part, or via any other mean of exchange and/or communication.

This section on personal data processing describes the personal data that the website publisher may collect with regard to the user (and more generally regarding any contact of the website publisher) and how they are processed (cf. collection, processing and use of person al data).

This section also specifies the rights that the user (and more generally of any contact of the website publisher) holds with regard to her/his personal data in application of the applicable legal and regulatory provisions.

The website publisher is of course at the disposal of the user (and more generally of all of its contacts), at the contact details given below in the paragraph “User’s rights regarding her/his personal data”, for any questions, observations or remarks specifically concerning this section that the user (or more generally any contact of the website publisher) would like to bring to its attention.

6.1 Purposes of the personal data processing, basis and retention periods

The website publisher, in its capacity as the data controller, implements personal data processing for the following main purposes :

1/ management and monitoring of its relations, including commercial relations, with its clients, prospects and more generally contacts (including users). This purpose notably includes:

the processing, management and monitoring of contact information requests and the resulting responses, notably with regard to exchanges undertaken by means of or initiated via the website or via interactions on the website publisher’s pages on social networks (and, in this case, notably including the management, processing, follow-up and moderation of messages or comments);
the management of the website publisher’s pre-contractual, contractual and post-contractual relations, notably including the users (management and monitoring of service proposals, conclusion and fulfilment of contracts and services, invoices, payments and transactions (including the management of arrears and litigation), the associated accounting operations, client relation in the broad sense, and notably the management and monitoring of client accounts or complaints;
production and preparation of studies, analyses, statistics and reports, notably commercial reports.

Legal basis for the processing : such processing is necessary for the pursuit of the website publisher’s legitimate interests in view of the management and monitoring of its relations, notably commercial relations, with its clients, prospects, and more generally contacts in the broad sense (including users).

Personal data retention period: retention in an active database for a period of three years from the request, the end of the commercial relationship or the last contact from the user, or more generally from the relevant contact (online request, e-mail or post, telephone call, click in an e-mail sent to her/his attention by the website publisher, etc.), then retention in the form of archives for six years.

2/ management and monitoring of its relations, including commercial relations, with its suppliers, service providers and partners (management of suppliers, service providers and partners and/or relations with the latter, notably including the selection of suppliers, service providers and partners, the management and monitoring of the fulfilment of contracts, orders/services entrusted to it, deliveries, invoices, payments and transactions, and the associated accounting operations, the management and monitoring of supplier, service provider and partner accounts, and the management and monitoring of the relationship with suppliers, service providers and partners in the broadest sense, and of any complaints or disputes).

Personal data retention period : retention in an active database for the duration of the relationship, then retention in the form of archives for six years.

3/ performance, management and monitoring of general and analytical accounting operations, notably including the accounting operations related to its clients, suppliers, service providers and partners (incoming / outgoing invoicing, management and monitoring of expenses ,…), maintenance of general and analytical accounting, representation and follow-up of fluctuations of the website publisher’s assets and the statement of its financial situation.

Legal basis for the processing : such processing is based on (i) compliance with legal and regulatory obligations imposed on the website publisher (accounting and tax obligations, fight against money laundering and terrorist financing, etc.) and, failing that, (ii) on the legitimate interests pursued by the website publisher (e.g. reports and analyses of the bookkeeping and of accounting operations, management and monitoring of contracts concluded with its clients / suppliers, service providers and partners / etc.).

Personal data retention period : retention in an active database for a maximum of three years after the end of the relationship and then retention in the form of archives for a period of ten years.

4/ performance of communication and marketing operations (i) by e-mail (notably segmentation, targeting, prospecting, newsletters, news and information, greeting cards, etc.) not subject to consent (cf. communication and marketing operations intended for professionals, using a professional e-mail address and the purpose of which is related to the recipient’s profession) but also by telephone if necessary.

Legal basis for the processing : such processing is implemented on the basis of the website publisher’s legitimate interests to implement communication operations in the context of its activity and its development, notably commercial and economic development, while specifying that the recipient of such communications or prospecting has in any case the right to object at any time without having to provide a reason or explanation.

Personal data retention period: retention for a period of three years from the request, the end of the commercial relationship or the last contact from the user, or more generally from the relevant contact (online request, e-mail or post, telephone call, click in an e-mail sent to her/his attention by the website publisher, etc.), then retention in the form of archives for six years.

5/ performance of communication and marketing operations by e-mail (notably segmentation, targeting, prospecting, newsletters) subject to consent (cf. hypotheses other than those indicated in the previous paragraph).

Legal basis for the processing : such processing is based on the consent of the user, and more generally of the data subject, which means that the latter has the possibility of not consenting to it or, if s/he consents to it, of subsequently withdrawing her/his consent at any time, and without having to provide any reason whatsoever, by simply requesting it from the website publisher at the address and phone number specified below.

Personal data retention period : retention for a period of three years from the request, the end of the commercial relationship or the last contact from the user, or more generally from the relevant contact (online request, e-mail or post, telephone call, click in an e-mail sent to her/his attention by the website publisher, etc.), then retention in the form of archives for six years.

6/ management and monitoring of events proposed by the website publisher or during which one or more members of the website publisher may be called upon to intervene (organisation of interventions, management, processing and follow-up of registrations, responses to information requests, external communication concerning the said events, etc.). In this respect, it is further specified that in the context of external communication operations relating to the said events, the identity and functions of the participants may be published by the website publisher on the website or on its pages on social networks.

Legal basis for the processing : such processing is implemented on the basis of the website publisher’s legitimate interests to ensure the organisation, management and monitoring of events or the performance of communication operations relating to the events that it proposes or that include the participation of one or more of its members.

Personal data retention period : retention in accordance with the above stipulations concerning the management and monitoring of the website publisher’s relations with its clients, prospects, and more generally contacts (notably including users).

7/ management of recruitment operations (cf. management of applications for an employment / collaboration or an internship, in response to an offer or spontaneously): reception, selection and study of applications, calling of candidates and interviews, decision to refuse or hire, CV database.

Legal basis of the processing: such processing is necessary for the pursuit of the legitimate interests of the company for the purpose of searching for and recruiting new employees, it being specified that the retention of applications in the CV database will however be subject to the prior consent of the data subject.

Personal data retention period: retention in the active database for the duration of the recruitment operations concerned, then for a maximum of two years in the CV database if the consent of the person concerned has been obtained for this purpose, then retention in the form of archives for six years.

8/ understanding and study of browsing, including the production and preparation of studies, analyses, reports and statistics, as well as the display of advertisements, possibly targeted, on LinkedIn and Twitter. Indeed, the website publisher does not use cookies or other similar technologies on the website. Nevertheless, it has a page on the LinkedIn and Twitter social networks. These companies respectively determine the purposes and means for the processing of the personal data of the users of these social networks, as well as the nature and methods for depositing cookies via these social networks, and therefore have the main responsibility for the processing performed via or from the said social networks, each insofar as it is concerned. However, when the configuration of a tool or a feature proposed by one of these social networks performed by the website publisher has an impact on the nature of the collected personal data, and more precisely when it can be considered that the website publisher is contributing to the joint determination of the purposes and/or the means of the processing of personal data, the website publisher can be jointly responsible, with LinkedIn and/or Twitter, for the personal data processing.

Main data controller:

– for LinkedIn: LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. For more information on how LinkedIn processes your personal data, please refer to the LinkedIn Privacy Policy and Cookies Policy;

– for Twitter : Twitter International Company, One Cumberland Place, Fenian Street Dublin 2, D02 AX07 Ireland. For more information on how Twitter processes your personal data, please refer to the Twitter Privacy Policy and Cookies Policy.

Legal basis for the processing : Such processing is subject to the user’s prior consent to the use of cookies and other similar technologies on the LinkedIn and Twitter social networks for the aforesaid purposes, according to the conditions and provisions anticipated by these companies on the said social networks.

Personal data retention period : retention of personal data that may be collected through social networks in accordance with the aforesaid stipulations concerning the management and monitoring of the website publisher’s relations with its clients, prospects, and more generally contacts (notably including users). With respect to the retention of personal data by LinkedIn and/or Twitter, see their respective Privacy Policy and Cookie Policy (cf. previous paragraphs).

9/ management of possible requests from persons whose data are processed by the website publisher (including users) for the purposes of exercising their rights regarding personal data protection.

Legal basis for the processing : such processing is based on compliance with the legal and regulatory obligations imposed on the website publisher with regard to the processing and protection of personal data.

Personal data retention period : retention in an active database for the time needed for the processing of the request, and then in the form of an archive for six years.

10/ management and monitoring of pre-litigation and litigation, notably including the preparation, exercise and monitoring of litigation and the enforcement of decisions rendered, as well as the management and monitoring of actions intended for the establishment, exercise or defence of a legal right (including, as relevant, enforcement of the decision rendered).

Legal basis for the processing : such processing is based on the legitimate interests pursued by the website publisher in order to preserve / enforce its interests and rights in court, notably in fulfilment of commercial and/or contractual relations with its clients, suppliers, service providers, partners, contacts, including users, etc. Moreover, in connection with this processing, so-called “special” personal data (for example : data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning sex life or sexual orientation, data relating to criminal convictions, offences or security measures, etc.) may be processed for the aforesaid purposes if they are necessary in response to these objectives and for the establishment, exercise or defence of legal claims.

Personal data retention period : in case of pre-litigation that would require the retention of personal data, notably with a view to the establishment, exercise or defence of the website publisher’s rights, retention until the amicable settlement of the dispute (including its enforcement, if applicable), or, failing this, deletion as soon as the corresponding legal action becomes time-barred / in case of litigation or proceedings, notably judicial proceedings, that would require the retention of personal data, notably with a view to the establishment, exercise or defence of the website publisher’s rights, retention for the duration of the said proceedings and until the ordinary and extraordinary means of recourse are exhausted with regard to the decision rendered. The pronounced decisions may be kept by the website publisher until the decision is fully executed, or even as a definitive archive.

11/ management and monitoring of the website publisher’s relations with its contacts in connection with the missions and/or files entrusted to it (or potentially to be entrusted to it) by its clients or prospects (notably including any natural or legal person linked, directly or indirectly, (i) to a file or mission entrusted or potentially to be entrusted to the website publisher by a client or prospect, or (ii) to a pre-litigation or litigation in which a prospect or client of the website publisher is concerned, such as lawyers or other legal auxiliaries (e.g.: lawyers or other legal advisers: e.g. bailiffs,…), contacts at the said clients or prospects, contacts at the co-contractors of these clients or prospects,…), including the management and monitoring of the relations with these contacts, the management and monitoring of the negotiations with the latter and/or of the aforementioned litigations, and more generally the management and monitoring of the execution of the missions and/or files that are entrusted to the website publisher by its clients or that could be entrusted to the website publisher by its prospects.

Legal basis for the processing : such processing is necessary for the pursuit of the website publisher’s legitimate interests in view of the management and monitoring of the missions and files that are entrusted to it by its clients or that could be by its prospects. Moreover, in connection with this processing, so-called “special” personal data (for example : data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning sex life or sexual orientation, data relating to criminal convictions, offences or security measures, etc.) may be processed for the aforesaid purposes if they are necessary in response to these objectives and for the establishment, exercise or defence of legal claims.

Personal data retention period : in principle, retention in an active database for a period of three years from the request, the end of the commercial relationship or from the last contact from the client or prospect of the website publisher (online request, electronic or postal mail, telephone call, click in an e-mail to her/his attention sent by the website publisher,…), then retention in the form of archives for six years. However, in case of pre-litigation that would require the retention of personal data notably with a view to the establishment, exercise or defence of the rights of the website publisher’s relevant client, retention until the amicable settlement of the dispute (including its enforcement, where applicable), or, failing this, deletion as soon as the corresponding legal action becomes time-barred / in case of litigation or proceedings, notably judicial proceedings, that would require the retention of personal data notably with a view to the establishment, exercise or defence of the rights of the website publisher’s relevant client, retention for the duration of the said proceedings and until the ordinary and extraordinary means of recourse are exhausted with regard to the decision rendered. The pronounced decisions may be kept by the website publisher until the decision is fully executed.

6.2 Collection methods and categories of collected personal data

Personal data concerning the user (or more generally any contact of the website publisher) are collected directly from the latter or possibly through the intermediary of the organisation to which s/he belongs, of any third party that could provide the website publisher with such data concerning her/him, or by means of information sources said to be “public” (e.g.: for example, social networks, especially professional ones, websites, etc.).

In addition, with regard more particularly to personal data processed in the context of recruitment operations, the website publisher may use the information that the user communicates to him (e.g. form completed for this purpose or more generally information mentioned in the CV) which may, under certain conditions, be integrated into a file of candidates (CV database). However, the website publisher may also contact third parties (for example, recruitment agencies, previous employers, internship supervisors or clients with whom the user has worked in the context of previous functions) or to use other sources of information (in particular professional social networks, recruitment agencies or websites specialized in recruitment) in order to collect information about the user for the purpose of studying her/his application or profile. In addition, and even in the absence of an application from the user, the website publisher may be required, in particular in the context of monitoring operations and active search for professional profiles that may correspond to its job offers, to collect personal data from third parties (for example, recruitment agencies or “headhunters”) or use other sources of information (in particular professional social networks or sites specializing in recruitment) in order to collect information about the user in order to offer him to apply for one of his job offers.

The data collected in this context may be data relating to the identity of the user (or more generally of the contact), her/his contact details, her/his professional life or her/his school / university career. In general, the website publisher may also be required to process all personal data communicated with regard to the user, and more generally with regard to any contact of the website publisher, if such data are relevant, adequate and necessary for the intended purpose of the personal data processing (for example: data appearing in the history of exchanges with the website publisher, data relating to the follow-up of the relationship, economic and financial information, data relating to personal life, etc.).

If personal data collection forms (for example, contact or recruitment forms integrated into the website, or more generally any collection form in any format that the website publisher may be required to make available to the user or any contact in order to collect information about this person) involve the provision of personal data that are mandatory for the implementation of the associated processing, the relevant fields will be marked with an asterisk or will be specified in the information notice included with the said form, and the possible consequences of failure to provide this information will be indicated (while specifying that, as regards the contact and recruitment forms integrated into the website, failure to provide information in the fields indicated as mandatory may mean that a request linked to this data collection may not be processed, or that its processing may be delayed). In the absence of an asterisk or specific information, the requested information is optional. If no specific collection form is used, the mandatory data for the intended purposes will be indicated to the user, and more generally to any contact concerned, while specifying that the data not indicated as mandatory are of course optional.

Personal data of minors or protected adults : The website publisher offers its services only to adults with legal capacity. Also, in general, the use of the website and of the website publisher’s dedicated pages on social networks is reserved for people who have legal capacity and are over eighteen years of age. The website publisher can in no way be held responsible for the use of the website or its pages on social networks by adults who lack legal capacity or by minors, and therefore for any resulting consequences, particularly in terms of the processing their personal data.

6.3 Personal data recipients

In principle, the personal data processed by the website publisher are only intended for its staff members, associates and employees, as well as, if strictly necessary, for partners and service providers that may be required to intervene in connection with the realisation or pursuit of the aforesaid purposes (for example, service providers in charge of the website ‘s development and maintenance, publishers and/or hosting providers and/or service providers in charge of web website s, social networks, applications and/or tools, notably IT tools used by the website publisher, service providers in charge of the website publisher’s office automation and IT resources or communication operations, accounting firm, outsourced switchboard, etc.).

Moreover, other entities or organisations may also be recipients of the personal data of users, and more generally of contacts of the website publisher (e.g. prospects, clients, suppliers, service providers, contact persons, etc.), provided that the communication of such information is necessary for the purposes pursued by the website publisher, such as for example:

– the website publisher’s suppliers, service providers or partners ;

– the company employing the user (and more generally any contact: prospect, client, supplier, service provider, contact person, etc.), for data concerning the latter;

– the website publisher’s clients or prospects, for example with regard to data concerning the persons involved and contact persons in the context of the missions or files possibly entrusted by them to the website publisher, subject to the professional secrecy and/or confidentiality incumbent upon the website publisher’s associates and employees;

– judicial officers, ministerial officers and, as relevant, the competent courts ;

– the bar association and, more generally, any professional association to which the communication of data would be made necessary ;

– the website publisher’s insurers ;

– the organisations, social or fiscal for example, empowered to provide oversight of the website publisher ;

– any authorised authority, and more generally any authorised third party that, by virtue of legislative and/or regulatory provisions, has the power to require the website publisher to transmit documents or information that may include personal data.

Attention : for the record, if the user publishes content disclosing her/his personal data on the Internet, and notably on the website publisher’s pages on social networks, this content may of course be accessible to any Internet user. Similarly, when the website publisher communicates on public events, it is possible that the identity and functions of participants may be published on the Internet (for example on this website or on the website publisher’s pages on social networks) and thus made accessible to any Internet user.

In this context, the website publisher’s contacts are informed that their personal data are processed preferentially within the European Union. However, some of the aforesaid data may, for the above-mentioned purposes, be processed by third parties established outside of the European Union, in countries that do not ensure an adequate level of personal data protection. In this case, the website publisher ensures that appropriate security and confidentiality measures are taken to ensure the protection of these data and you are informed that transfers of personal data to other entities outside of the European Union are governed by the conclusion, with the recipients of these data, of contractual clauses in accordance with the recommendations of the European Commission (cf. standard contractual clauses called “SCC”, internal rules of companies or binding corporate rules known as “BCR”, …) in order to ensure that appropriate safeguards are taken regarding the protection of the said data. A copy of the reference documents indicated in this paragraph (cf. aforesaid guarantee) may be obtained (free of any commercial information considered sensitive or confidential or covered by business secrecy) from the contact person mentioned below in the paragraph “User’s rights regarding her/his personal data”.

6.4 User’s rights regarding her/his personal data

The user (and more generally any contact of the website publisher (cf. prospects, clients, suppliers, service providers, contact persons, etc.) has the right to query, access, rectification, erasure and portability of her/his personal data, as well as the right to obtain the limitation of their processing. S/he also has the right to define general and specific directives concerning the fate of her/his personal data and the manner in which s/he wishes the said rights to be exercised, if applicable, after her/his death. In this regard, in case of the death of the user (or of a contact of the website publisher) that is brought to the attention of the website publisher, her/his data will be deleted, except for the need to retain it for a specific period of time for reasons relating to the legal and regulatory obligations of the website publisher and/or the legal limitation periods (the data subject may also choose that, prior to their deletion, her/his data be communicated to a third party whom s/he designates).

Moreover, the user (and more generally any contact of the website publisher) benefits, under certain hypotheses and conditions, from a right of opposition whereby s/he may oppose the processing of her/his personal data for reasons linked to her/his particular situation, bearing in mind that in terms of prospecting (cf. communication operations, marketing, solicitations,…), including profiling operations that would be linked to such processing, the user (and more generally any contact of the website publisher) has an absolute right of opposition.

With regard to the performance of communication and marketing operations by e-mail (notably segmentation, targeting, prospecting, newsletter) subject to consent, the user (and more generally any contact of the website publisher) of course has the right to withdraw her/his consent at any time (without this being able to affect the legality of the processing previously undertaken by the website publisher on this basis).

These rights can be exercised with AGIL’IT by e-mail (privacy@agilit.law) or by post (AGIL’IT – 11, rue d’Uzès, 75002 Paris). In any event, in case of reasonable doubt as to the identity of the person making such a request to exercise her/his rights, the website publisher may always ask to be provided with additional information necessary to confirm the identity of the data subject and to request for this purpose, when the situation so requires, a photocopy of an identity document bearing the holder’s signature.

Moreover, when the website publisher is considered jointly responsible for the processing of the personal data of users with:

– LinkedIn (cf. details of the purposes above), the relevant user can obtain more information on the exercise of her/his rights with LinkedIn, by referring to the LinkedIn Privacy Policy (but also to the LinkedIn Cookies Policy, as relevant in order to configure the cookies used on the pages of this social network). The user may also, for the exercise of her/his aforementioned rights, consult her/his account settings on LinkedIn and/or contact the LinkedIn data protection officer by e-mail, notably using the dedicated contact form;

– Twitter (cf. details of the purposes above), the relevant user can obtain more information on the exercise of her/his rights with Twitter, by referring to the Twitter Privacy Policy (but also to the Twitter Cookies Policy, as relevant in order to configure the cookies used on the pages of this social network). The user may also, for the exercise of her/his aforementioned rights, consult her/his account settings on Twitter and/or contact the Twitter data protection officer by e-mail, notably using the dedicated contact form;

Some online forms on the website ask users to enter their telephone number. Although the website publisher undertakes not to contact the user by telephone for any other purpose than responding to her/his request (contact, information, application, etc.), the latter is reminded that s/he also has the right, if acting as a consumer, to register free of charge on the national opposition list for telephone canvassing via the web website accessible at www.bloctel.gouv.fr.

Finally, the user (and more generally any contact of the website publisher) also has the possibility of lodging a complaint with the CNIL (French Data Protection Authority) if s/he considers that the processing of her/his personal data by the website publisher is not performed in accordance with the applicable provisions.

7. Links

Users of the website, and more generally the contacts of the website publisher (cf. prospects, clients, suppliers, service providers, contacts,…), may not establish a link to the website without the express prior consent of the website publisher. Under no circumstances may such consent be qualified as an implicit affiliation agreement. In any event, links to the website must be removed on first demand by the website publisher.

The website publisher reserves the right to set up links on its website giving access to web pages other than those of its website. Users are formally informed that the websites to which they may gain access using these links do not belong to the website publisher, who also reserves the right to remove such links offered on their website to a third party website if, in particular, such website becomes contrary to current regulations or its values. The website publisher shall not be liable for access by users using links on the website to third party websites or other resources on the Internet, nor for the information provided by these third party websites or other resources on activation of these links.

In addition, the user’s attention is drawn to the fact that the personal data protection policies of these websites may differ from those of the website publisher. It is also recommended that the user read the personal data protection policy of each of the third party websites concerned. In any event, the website publisher shall not held liable if the data processing conducted through one of these third-party websites contravenes applicable statutory and regulatory provisions.

8. Governing law and jurisdiction

This website is governed by French law. The contents offered are therefore in conformity with current French law. The website publisher shall not be liable for any non-compliance with the legislation of the country of connection.

This Website Charter and the relationship between the website publisher and the user are governed by French law. This is the case for substantive rules and rules of form, notwithstanding the place of performance of the substantive or ancillary obligations.

The French courts have sole jurisdiction over disputes arising from the application of this Charter or resulting directly or indirectly from the use of the website.

These provisions relating to governing law and jurisdiction are applicable subject to the mandatory provisions that would apply to the user in their capacity as a consumer where applicable.

9. Amendments / updates

The website publisher reserves the right to amend and update this Website Charter at any time and without notice. The applicable version is the one accessible online during the user’s visit and use of the website. Any new version put online shall take precedence over any previous version, in particular versions printed or recorded in digital format by the user.

The user is therefore invited to consult and regularly review this Charter.

Date of last update: 1st June 2023

LEGAL NOTICE & WEBSITE CHARTER (RULES OF USE and PERSONAL DATA)