ELEA AVOCAT takes privacy and the protection of personal data very seriously.
We undertake, as the data controller, to implement appropriate measures to ensure the protection, confidentiality and security of your personal data and to process and use such data in compliance with the applicable provisions and in particular with European Regulation n°2016/679 of 27 April 2016 ("General Data Protection Regulation" or RGPD) and Law n°78-17 of 6 January 1978 known as the Data Protection Act and any law or regulation that may supplement or replace it.
The purpose of this personal data protection policy is to inform you about the way in which we process your personal data and about the commitments made by ELEA AVOCAT to ensure compliance with said Data.
For the purposes of this Policy, the terms "personal data" or "data", "processing", "controller" and "processor" have the meaning given to them in Article 4 of the General Data Protection Regulation.
1. WHAT PERSONAL DATA DO WE PROCESS ?
We take care to collect and process personal data that is relevant, adequate, not excessive and strictly necessary to achieve the purposes that have been previously determined.
1.1 1.1. BUSINESS CONTACTS (CUSTOMERS, PROSPECTS, OTHER EXTERNAL CONTACTS)
As part of the performance of the fee agreements that we conclude with our clients and, more generally, as part of the performance of the assignments that we carry out on their behalf, we collect and process personal data concerning the said clients but also their employees, representatives, service providers and/or managers.
We may also collect and process the personal data of prospective customers (hereinafter referred to as "Prospects") which they communicate to us during events, meetings or various other exchanges.
Finally, we may collect data from various external contacts in the course of our work and day-to-day activities (colleagues, opposing parties in a case, judges, members of the authorities, students, etc.).
In these circumstances, we are likely to have access to personal identity and contact data. However, we may also have access to other personal data that you provide to us directly in the course of our work, if this proves necessary.
1.2 VISITORS TO THE ELEA AVOCAT WEBSITE
Within the framework of the use of the ELEA AVOCAT website accessible at https://www.eleavocat.eu (hereinafter the "Site"), ELEA AVOCAT collects and processes certain personal data concerning you in your capacity as a user of the Site (hereinafter "User(s)").
Users' personal data is collected when :
You fill in the contact form on the ELEA AVOCAT website: in this case we collect your email address;
When you apply for job vacancies or unsolicited applications: in this case we collect your identity and contact details, your CV, your covering letter and any information you wish to add that is relevant to the processing of your application.
When your personal data is sent to us via a form, the compulsory nature of the information (*) that you must provide is indicated at the time of collection. Any failure to reply or any reply deemed abnormal by ELEA AVOCAT may result in ELEA AVOCAT refusing to take your request into account.
2. WHY DO WE PROCESS YOUR PERSONAL DATA AND WHAT IS THE LEGAL BASIS FOR SUCH PROCESSING ?
ELEA AVOCAT undertakes to collect and process your personal data fairly and lawfully. The processing carried out by ELEA AVOCAT serves explicit, legitimate and specific purposes.
Your personal data may be processed for the following purposes :
If you are a Client Clients' personal data is processed for the purposes of managing said Clients and the contractual relationship we have with them, including for the purposes of (i) contact and communication, (ii) carrying out the assignments entrusted to us, in particular the provision of legal services, (iii) contract and invoice management, (iv) accounting management and (v) monitoring the contractual relationship. Similarly, and subject to their not objecting, Clients may receive newsletters, informational content on various professional and legal subjects, press releases, invitations to training courses or events organised by ELEA AVOCAT, all in an exclusively professional context. In this context, the personal data collected may be used for analysis purposes (such as trends, progress of marketing actions, click and open rates).
=> In this context, we process your personal data for the purposes of executing the contract and complying with our legal obligations (accounting and tax), with the exception of Processing implemented for the purposes of analysis and commercial prospecting, which is based on ELEA AVOCAT's legitimate economic interest in promoting its services and developing its relations, which benefits both Customers (who thus access additional services free of charge) and ELEA AVOCAT, without infringing the interests, rights and fundamental freedoms of said Customers.
If you are an External Contact The personal data of external contacts is processed for the purposes of managing our activities (for example: processing data of students to provide them with training, processing data of colleagues and/or the opposing party to manage a Client's case, processing data of members of the judicial and administrative authorities to manage ongoing proceedings and/or ask them legal questions, etc.) and communicating with these persons. In certain cases, subject to their not objecting, External Contacts may receive newsletters, informational content on various professional and legal subjects, press releases, invitations to training courses or events organised by ELEA AVOCAT, all in an exclusively professional context.
=> The processing carried out in this context is based on ELEA AVOCAT's legitimate interest in carrying out the assignments entrusted to it by its Clients, providing quality services and developing its relations, without infringing the interests, rights and fundamental freedoms of External Contacts.
If you are a User Users' personal data is processed for the purposes of (i) communication and management of requests/queries submitted, (ii) analysis of browsing on the Website and/or (iii) commercial prospecting (sending newsletters, information content on various professional and legal subjects, press releases, invitations to training courses or events organised by ELEA AVOCAT) when a User provides his/her email address for this purpose on the Website and does not subsequently express any opposition.
=> The Processing carried out in this context is based on ELEA AVOCAT's legitimate economic interest in promoting its services and developing its relations, constantly improving its Website and communicating easily with its Users. This benefits both the Users (who thus access quality services and a quality Website) and ELEA AVOCAT without infringing the interests, rights and fundamental freedoms of the said Users.
If you are a candidate Candidates' Personal Data is processed for the purposes of managing and selecting the applications submitted.
HOW LONG DO WE KEEP YOUR PERSONAL DATA ?
ELEA AVOCAT retains your personal data for as long as is necessary for the purposes for which it was collected and processed. However, ELEA AVOCAT may keep your personal data for a longer period in order to comply with legal obligations and in particular applicable limitation periods.
ELEA AVOCAT therefore keeps your personal data for the following periods :
Client data is kept for the duration of the contractual relationship and for the applicable limitation period (5 years in general). Please note, however, that we may, in certain cases, retain Customer Data for a longer period if this is necessary to monitor the legal services provided, in particular in the context of legal proceedings until such time as all avenues of appeal have been exhausted. Data required for accounting purposes is kept for a total of 10 years in order to comply with applicable accounting and tax obligations.
External Contact Data is kept (i) if it is collected as part of a Customer's file, for the same length of time as the Customer Data set out above and (ii) if it is collected in any other context, for the length of time required to achieve the intended purpose.
FOR WHOM IS YOUR PERSONAL DATA INTENDED ?
The personal data collected and processed by ELEA AVOCAT is accessible to the relevant departments in-house, i.e. the lawyers (and, where applicable, administrative staff such as trainees or assistants) dealing with Client requests, our invoicing department, our communications department and our IT department.
This data may be communicated to third parties, acting as Subcontractors, bound by a subcontracting agreement, to carry out hosting, contact management (CRM), billing management, communication, database management, Site management and IT maintenance services. These subcontractors only act on the instructions of ELEA AVOCAT and only have access to your personal data to perform their services. They are bound by the same security and confidentiality obligations as ELEA AVOCAT.
In addition, your personal data may be shared with third parties for the following reasons :
In response to legal or administrative proceedings of any kind or to law enforcement measures requested by the competent authorities;
To comply with legal obligations, to protect the rights and/or safety of an individual, to protect the rights and property of ELEA AVOCAT and to prevent fraud, security or technical problems.
IS YOUR PERSONAL DATA TRANSFERRED OUTSIDE THE EUROPEAN UNION ?
The personal data collected by ELEA AVOCAT is hosted within the European Union and is not transferred outside the European Union.
WHAT ARE YOUR RIGHTS ?
In accordance with the applicable regulations, you have the following rights with regard to your personal data :
The right of access: You have the right to obtain (i) confirmation as to whether or not personal data concerning you are being processed and, where they are, to obtain (ii) access to said Data and a copy thereof.
The right of rectification : You have the right to obtain rectification of any personal data concerning you that is inaccurate. You also have the right to have incomplete personal data completed, including by providing a supplementary declaration.
The right to erasure : In certain cases, you have the right to have your personal data erased. However, this right is not an absolute right and ELEA AVOCAT may have legal or legitimate reasons for retaining said Data.
The right to limit Processing : In certain cases, you have the right to obtain the limitation of the processing of your personal data.
The right to portability : You have the right to receive the Personal Data concerning you that you have provided to ELEA AVOCAT, in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller without ELEA AVOCAT hindering this. This right only applies where the processing of your personal data is based on your consent or on the performance of a contract and where said processing is carried out using automated processes.
The right to object : You have the right to object at any time, for reasons relating to your particular situation, to the Processing of Personal Data concerning you when said Processing is based on the legitimate interests of ELEA AVOCAT. ELEA AVOCAT may, however, invoke legitimate and compelling reasons requiring the continuation of the Processing. When your personal data is processed for canvassing purposes, you have the right to object to the Processing of such Data at any time. You may object to receiving newsletters, communications and invitations to training courses and events organised by ELEA AVOCAT by sending an email to one of the addresses given below. In addition, our commercial prospecting messages contain an "unsubscribe" option if you no longer wish to receive such messages from us.
The right to give instructions concerning the use of data after death : You have the right to give ELEA AVOCAT instructions concerning the use of your personal data after your death.
To exercise these rights, you can send a request :
• by email to : email@example.com
• or by post to ELEA AVOCAT 106 rue Cardinet 75017 Paris
In the event of any difficulty relating to the management of personal data, you may lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 Paris) or any other competent authority. However, we invite you to contact us before lodging a complaint with the CNIL.
Clients undertake to pass on this information to their employees, representatives, service providers and/or managers whose personal data may be processed by ELEA AVOCAT in the course of its work.