This document aims to inform the Listed Professionals (as defined below) and any other concerned individuals about how Legaware (a simplified joint-stock company with a share capital of €1,084, whose registered office is located at 4 Rue des Saussaies, 75008 Paris, registered with the Paris Trade and Companies Registry under number 820 434 587) ("Legaware") processes personal data communicated by the Listed Professionals in connection with their use of the website accessible at https://infogreffe.mesobligations.fr (hereinafter the "Site") and/or the ordering and/or use by the Listed Professionals of the Services (as defined below).
This privacy policy (hereinafter the "Privacy Policy applicable to Listed Professionals") aims to identify the description of the rights of the Listed Professionals and, more generally, of all concerned persons under the provisions of Law No. 78-17 of January 6, 1978 and Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and other applicable legal provisions (hereinafter the "Applicable Regulations") and the protection resulting therefrom.
In this context, the Privacy Policy applicable to Listed Professionals (i) is subject to acceptance by the Listed Professionals in connection with their ordering of the Services and (ii) is also published on the Site.
For a proper understanding of these terms, it is specified that the following terms shall mean:
"CGUV applicable to Listed Professionals": the general terms and conditions of use and the Site applicable to Listed Professionals accessible here;
"User": persons other than Listed Professionals who use the Site to subscribe to services offered by Legaware and services offered by Listed Professionals via the Site. Users are intended to be customers of Legaware or Listed Professionals and must therefore subscribe to the specific general terms and conditions of sale for Users accessible here;
"Services": the services identified in the CGUV applicable to Listed Professionals and consisting of (i) a Service for submitting offers by Listed Professionals, which allows Listed Professionals to respond to questions asked by a User, and (ii) a Service for Publishing Content or Modules by the Listed Professional ("Content or Module Sponsorship");
"Listed Professional": professionals listed on the Site.
Other capitalized terms that are not defined above are defined in the body of this document.
The personal data collected by Legaware regarding the Listed Professionals are as follows: (i) personal data that the Listed Professional provides by filling out forms relating to the creation of their account and/or their identification, or by communicating with Legaware (by any means of communication or online communication, or by responding to satisfaction questionnaires or surveys) (ii) information related to the name, first name, email address, phone number, postal address (iii) as well as information relating to the contractual and commercial relationship between the Listed Professional and Legaware (iv) payment information (bank details, bank card numbers) in order to ensure payment for the Services before authorizing access (v) it being specified that regarding "cookies," the "cookie" policy is accessible here (iv) the processing of this data is hereinafter referred to as the "Processing."
This personal data can only be communicated to Legaware by the concerned Listed Professionals, and each Listed Professional is prohibited from communicating personal data of another person and/or personal data that does not concern them.
The purpose of this document is to provide the Listed Professional and, more generally, any concerned person, with the required legal information, which is as follows:
(a) Identity and contact information of the Processing controller
The identity and contact information of the Processing controller are as follows:
(b) Contact information of the data protection officer
The contact information of the data protection officer for the Processing is as follows:
(c) Purposes of the Processing
The purposes of the Processing are as follows: (i) identification of Registered Professionals who wish to use the Site and/or Services, (ii) provision of the Site to the benefit of Registered Professionals and/or performance of the Services by Legaware, (iii) administration of the Site and/or Services, and (iv) sending of information (newsletters and other informational materials) and/or service proposals to Registered Professionals.
(d) Legal Basis of Processing
The legal bases of the Processing are (i) the consent of the Registered Professional, (ii) the necessity of pre-contractual measures for the relationship that the Registered Professional wishes to establish with Legaware, (iii) the performance of the contractual relationship that the Registered Professional wishes to establish with Legaware by using the Services, and (iv) Legaware's legitimate interest in retaining evidence of transactions with the Registered Professional.
The Registered Professional is informed that (i) the request for the provision of personal data has a contractual basis within the relationship that the Registered Professional wishes to establish with Legaware by accessing the Site and/or Services, (ii) the conclusion of the contractual relationship is dependent on the provision of the personal data identified above, as these are necessary to access the Services, (iii) therefore, if the Registered Professional wishes to access the Services, the Registered Professional is required to provide the personal data identified above, and (iv) failure to provide this personal data does not allow access to the Services.
(e) Recipients of Personal Data
The recipients of the personal data contained in the Processing are: Legaware personnel in charge of the Site and/or Services-related services and, where applicable, Legaware's subcontractors participating in the provision of these services and being required to intervene on the Processing for this purpose (only when necessary), such as information technology and/or communication technology service providers and/or hosting and/or maintenance providers.
(f) Transfer of Personal Data
The Registered Professional is informed that the data controller may, where applicable, transfer personal data to a third country or to an international organization subject to an adequacy decision by the European Commission, it being specified that, in the event of a transfer to a country or international organization that does not have an adequacy decision, this can only be carried out if appropriate safeguards are put in place and if the data subjects of the Processing have enforceable rights and effective legal remedies, in accordance with the applicable Regulation.
(g) Duration of Personal Data Retention
The duration of retention of personal data in the Processing is as follows: personal data necessary for the provision and/or administration of Services via the Site are kept as long as the Listed Professional is likely to use the Services, meaning until the Listed Professional expresses their intention to no longer have their personal data stored, and this through a request made by them addressed to Legaware at the contact details identified in point (b) above, within a limit of 36 (thirty-six) months from the last use of the Site or Services by the Listed Professional or the last response made by a Listed Professional to a User, after which personal data will no longer be stored. As an exception to the above, it is specified that payment information (bank details, credit card numbers) is kept by the operator Stripe Payments Europe, Ltd (SPEL), which acts as Legaware's subcontractor, and that Stripe keeps this data for the following period: 5 years from the date of the last transaction.
(h) Rights that can be exercised with the data controller (as identified above)
In light of the legal basis of the Processing, including that of the Listed Professional's consent, the Listed Professional and, more generally, all individuals concerned in this context have the following rights concerning their personal data, under the conditions provided for by the applicable Regulations:
The exercise of the rights as identified in this (h) can be done with Legaware as the data controller and in particular with the data protection officer of Legaware identified in point (b) above.
It is specified that (i) exercising the right to erase their personal data and/or the right to object to the processing of their personal data and/or the right to restrict processing of their personal data and/or the right to withdraw their consent to the processing of their personal data at any time (in accordance with the aforementioned provisions) (ii) would result in the impossibility or the inability to access the Services, so in such a case, (a) if these rights are exercised at the time of ordering Services, the said order cannot be placed by the Listed Professional (b) in any case, after the exercise of these rights, the Listed Professional will no longer be able to access the Services and the account of the Listed Professional receiving personal data will be deleted.
(i) Complaint to the CNIL
Individuals affected by Legaware's Processing of Personal Data and by the Processing of Personal Data Accessible to Listed Professionals are informed of their right to file a complaint with the supervisory authority, which is the Commission Nationale de L'Informatique et des Libertés (CNIL): 3 Place de Fontenoy - TSA 80715 - 75334 Paris 07.
(j) Automated Decision Making
It is stated that no automated decision making is carried out using the personal data collected, within the meaning of the current Regulations.
(k) Possible Further Processing of Personal Data
If there is any further processing of personal data for purposes other than those identified above, the data controller (i.e. Legaware) will provide individuals concerned with the required information regarding such other purpose and any other legally required relevant information beforehand.
The collection of personal data can only concern individuals aged at least 15 (without prejudice to the provisions of the CGUV applicable to Listed Professionals stipulating in their Article 1 that the acceptance of the CGUV by Listed Professionals and, consequently, the access to the Services implies that the Listed Professional has full legal and civil capacity), it is hereby stipulated, in any case, that individuals under the age of 15 (fifteen) cannot give their consent to the collection of their personal data (and consequently access the Services) unless authorized by the person holding parental responsibility for them.
These terms and conditions may be updated. As such, the Listed Professional and, more generally, any individual concerned, is invited to review the latest version of these terms and conditions, accessible on the Site, as well as in the CGUV of the Listed Professionals.
