LEGAL NOTICE & WEBSITE CHARTER
(RULES OF USE, PERSONAL DATA AND COOKIES)

LEGAL NOTICE

1. Information about the publisher

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

AGIL’IT
Limited liability company of lawyers registered with the Paris Bar
Registered office: 40 rue du Colisée – 75008 Paris
Paris Registry of Trade and Companies: 834 307 324
Siret [Translator’s note: identification number referring to the geographical location of individual premises of a company] 834 307 324 00022
Share capital: €10,000
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

The Director of the publication is Maître Laure LANDES-GRONOWSKI, in her capacity as the legal representative of AGIL’IT.

AGIL’IT is a law firm and is registered with the Paris (France) Bar under the Court Letter Box Number L0084. As such, AGIL’IT is 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 the Paris Bar Association (National Internal Regulations of the legal profession, Internal Regulations of the Paris Bar etc.).

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, personal data and cookies

1. Recitals

The website accessible with the URL www.agilit.law (hereinafter, the “website”) is the property of SARL AGIL’IT (hereinafter, the “website publisher”).

The website publisher is a business law firm. The purpose of the site is to provide users (i.e. any natural or legal 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, the protection of their personal data and cookies (or other similar technologies) placed and read when browsing the website;
  • 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, personal data and cookies”, 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, in their capacity as the processing controller, implements personal data processing in relation to the users data for the following main purposes:

  • access to the website and benefiting from the content and functionalities offered on it;
  • the processing, management and follow-up of contact and information requests and responding to them;
  • the management of recruitment operations resulting from an online application (job/associateship or internship): receipt and examination of applications, invitation to candidates and conducting interviews, decision to hire or reject;
  • the management of the website publisher’s relationship with website users, and with their contacts (clients / prospects) in a general manner, including communication and marketing operations (notably segmentation, targeting, prospecting, newsletter);
  • the conduct and development of research, analyses, reports and statistics;
  • the management of any requests from users to exercise their rights with regard to the personal data protection;
  • compliance with legal and regulatory obligations resulting in particular from the activity of the website publisher.

The aforementioned purposes pursued by the website publisher result mainly from the legitimate interest of the website publisher in monitoring, managing and organising their relationship with the users of the website, and with their contacts (clients / prospects) in a general manner, and in conducting communication operations as part of their activity and their, in particular economic, development. The collection and processing of users’ personal data is also indispensable for taking into account and responding to requests submitted by users (cf. contact or information requests, spontaneous applications or responses to an offer of a job / associateship / internship etc.).

The data collected in this context may be data relating to the identity of the user, their contact details or even their student and/or professional background.

On each personal data collection form, the user is informed of mandatory fields to be completed by an asterisk (other fields, if any, on these forms are optional). If the required fields are not completed, the request in connection with this data may not be processed or its processing delayed.

This information is intended only for the website publisher, as well as, if strictly necessary, for service providers acting on behalf of the website publisher for the aforementioned purposes. In this context, the user is informed that their data may, for the purposes mentioned above, be processed by service providers established outside the European Union,notably in the United States, in countries that do not ensure an adequate level of personal data protection.. These cross-border data flows are covered by safeguards designed to ensure a sufficient level of  personal data protection: bodies receiving data belong to the Privacy Shield or contractual terms are agreed with the recipient bodies in the form provided and approved by the European Commission. A copy of the reference documents referred to in this paragraph (cf. aforementioned warranties) may be obtained (not including any commercial information considered sensitive or confidential or covered by business confidentiality) from the contact person mentioned below for the exercise of users’ rights.

Unless otherwise provided or agreed by the user, or if it is necessary to archive data for the statutory limitation periods and/or mandatory storage periods, user data will be retained for a maximum period of three years from the last contact between the user and the website publisher. Data related to an application for a job / associateship / internship will be kept for a maximum period of two years from the receipt of the application by the website publisher.

The user has the right to search, access, rectify and erase their data and to the portability thereof, as well as the right to restrict their processing and the right to object to the processing of their data and to prospecting. The user is also entitled to define general and specific instructions on the fate of their personal data and the manner in which they wish their rights to be exercised after their death, as the case may be. In this respect, in the event of the user’s death brought to the attention of the website publisher, their data will be erased, unless it is necessary for it to be stored for a specific period of time due to statutory and regulatory obligations of the website publisher and/or the statutory limitation periods (the user may also request that before they are erased, their data should be communicated to a third party designated by them). Some processing purposes may require your prior consent (e.g. consent to receive our newsletter). In this case, you are of course entitled to withdraw your consent at any time (without the lawfulness of the processing previously carried out by us on this basis being affected).

These rights can be exercised against AGIL’IT by e-mail
(privacy@agilit.law) or by post (AGIL’IT – 40, rue du Colisée, 75008 Paris).

Some online forms on the website allow users to enter their telephone number.  Although the website publisher undertakes not to contact the user by telephone for any purpose other than replying to their request (contact, information, application etc.), the user is reminded that they are also entitled, if acting in the capacity as a consumer, to register free of charge on the national list to block telephone marketing through the website with the following URL  www.bloctel.gouv.fr.

Lastly, users may also lodge a complaint with the Commission Nationale de l’Informatique et des Libertés [National Commission for IT and Civil Liberties (French data protection body)] if they consider that the processing of their personal data by the website publisher is not conducted in compliance with the applicable provisions.

 

7. Links

Users of the website 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: 11 October 2019