Data protection charter
Throughout this Data Protection Charter, unless the context dictates otherwise, the following words and expressions shall have the meanings that are set out below: Glossary Dans la Charte de protection des données à caractère personnel, sauf disposition contraire, les expressions et mots suivants ont respectivement les significations indiquées ci-dessous.
- Intermediate Archiving: shall mean the isolation of personal data that is still important for RMT from an administrative point of view, using physical or software-based means of separation (management of access rights and of accreditations to specific services).
- Client: shall mean any natural or legal person that is a client of RMT.
- CNIL: shall mean France’s data protection authority.
- Applicant: shall mean any natural person that applies for a position at RMT.
- Personal Data: shall mean any information directly or indirectly concerning a natural person.
- Partner: shall mean any business partner with whom RMT has a business relationship as part of a case entrusted by a Client (court bailiff, notary, colleague, etc.).
- Potential Client: shall mean any natural or legal person that is not a client of RMT or that last entrusted a case to RMT more than four (4) years ago.
- Regulations: shall mean France’s data protection law no. 78-17 of 6 January 1978, as modified subsequently, Regulation (EU) 2016/679 of the European Parliament and of the European Council dated 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”), and any other prevailing rules and regulations concerning the protection of personal data.
- Site: shall mean the web site published by RMT that is accessible at the following address: www.rmt.fr
- Processing: shall mean the gathering, recording, organisation, structuring, storage, adaptation, modification, extraction, viewing, use or provision in any other way, cross-referencing or linking, limitation, erasure and destruction of personal data.
Scope of the Data Protection Charter The Data Protection Charter covers all the personal data that RMT gathers from you, be it in electronic, paper or verbal form, and that RMT processes in any way. The Data Protection Charter does not cover individual Processing by the employees of RMT of their personal client base. RMT gathers the Personal Data that you provide to it directly, such as:
- in the course of the execution of a case that you entrusted to RMT or that you wish to entrust to it;
- in the course of our partnership;
- upon your visiting RMT’s premises;
- upon transmission of your application for a position at RMT;
- when you fill in a form online on the Site;
- when you send an e-mail or message to RMT, such as via a social network;
- when you wish to obtain additional information on the services provided by RMT;
- when you provide your business card to RMT; or
- when you register for events organised by RMT.
RMT does not process sensitive data as per the meaning of this term in article 9 of the GDPR, with the exception of data covered by article 9.2 f), i.e. the data required “for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity”. Any failure to provide all or part of the personal data that we request:
- in the case of a Client: may affect the accuracy of the analysis of the services, inasmuch as this data may be required for the analysis of the assignment and the subject-matter of the contract signed by the Client and RMT;
- in the case of a Partner: may modify the nature of the contractual relationship;
- in the case of an Applicant: may affect your chances of recruitment.
Based on the existence of a contract or as part of pre-contractual measures: RMT Processes Personal Data when this is necessary for the performance of a contract or pre-contractual measures taken at your request, such as:
- The performance, management, provision and invoicing of the services entrusted to RMT,
- Customer service,
- The management of complaints, payment defaults or payment problems, and
- The management of your rights exercise related to data protection processes
- Quotations sent in response to requests regarding RMT’s services
- Management and processing of applications
- Compliance with regulatory and legal requirements including anti-money laundering, conflicts checks and control of new clients’ identities
Based on the legitimate interest of RMT: RMT Processes Personal Data for the following purposes:
- For the establishment, exercise or defence of legal claims, be it in the course of legal, administrative or extrajudicial proceedings;
- To manage the candidates assessment processes
- To send out e-mails and newsletters by electronic mail containing personalised and targeted marketing messages for products and services likely to be of interest to you.You are hereby informed about the existence of a list of opposition to telephone canvassing known as “Bloctel”, upon which you may register by accessing the following URL: https://conso.bloctel.fr/.You may oppose, free of charge, at any point in time, the use of your Personal Data for marketing purposes, without having to provide any justification for this request, by sending an e-mail to RMT at the following address: firstname.lastname@example.org. RMT hereby draws your attention to the fact that the exercising of this right of opposition shall not prevent RMT from continuing to contact you for other purposes, such as by virtue of a legal obligation or for the performance of the contract;
- For the sending of RMT’s activity report;
- For the sending of invitations to events organised by RMT.
Finally, RMT Processes Personal Data in order to enable it to comply with its statutory or regulatory obligations. ]RMT shall keep your personal data for the time that is needed for the accomplishment of the purposes sought, subject to its legal archiving rights, any obligations to retain certain elements of personal data, and/or anonymization of the data. The Personal Data of our Clients In view of the specific activity of RMT, and due to the fact that our Clients tend to ask RMT to provide them with services on an ad-hoc basis, your Personal Data shall be kept for a term of six (6) years as of the last case that you entrusted to us. Upon expiry of this timescale of six (6) years:
- Your identification data shall normally be kept for marketing purposes for up to three (3) years following the end of the initial six (6) years, i.e. for a term of up to nine (9) years as of the date of the last case that you entrusted to us;
- In case of any litigation, for instance involving the authorities, your Personal Data and any information, documents and elements containing Personal Data that might be used to establish any contentious facts or the identity of the accused, the victims, any witnesses and court officers (name, given name, first names, gender, date and place of birth, nationality, address, telephone and fax numbers, e-mail address) may be kept for the entire duration of the proceedings, including even if this exceeds the abovementioned periods;
- Any other data, such as data linked to the cases entrusted to us, shall be archived in intermediary archives for the duration of the statutory or regulatory periods of limitation.
RMT undertakes to erase your Personal Data from its databases pursuant to this duration or to anonymise the data. The Personal Data of our Potential Clients RMT shall keep your Personal Data for a period of three years as of the date on which it was gathered or of the last contact with the Potential Client. The Personal Data of our Business Partners RMT shall keep your Personal Data throughout the duration of the business relationship. The Personal Data of Applicants RMT shall keep your Personal Data for the entire duration that is needed for the processing of your application, and in case of a negative outcome, for 2 years after your last contact (unless you agree to a longer period). Personal Data provided by Clients Given that your Personal Data is confidential, RMT undertakes to never transmit it to third parties that might use it for their own purposes, and in particular for commercial and/or direct advertising purposes. For the purposes of the proper performance of any contract that you have signed with RMT, your Personal Data may be disclosed:
- to the employees of RMT (attorneys, jurists, administrative personnel and interns) who are empowered to process your Personal Data, within the limits of their respective duties and responsibilities. They are bound by a confidentiality obligation;
- to our Partners et subcontractors for the performance of tasks linked to the purposes described above;
- to the authorities: RMT may be compelled to disclose your Personal Data in response to a specific request formulated by an administrative or judicial authority, and in general in all the situations where the law, the regulations or an administrative or court decision requires this.
Moreover, in case of reorganisation, merger, sale, de-merger or any other transfer or assignment of all or part of our activity, RMT may disclose or transfer your personal data to the purchaser / successor. The Personal Data of our Potential Clients RMT shall only share your Personal Data to the extent that is strictly necessary, with its employees (attorneys, jurists, administrative personnel and interns) who are in charge of Sales & Marketing. The Personal Data of our Partners RMT shall only share your Personal Data to the extent that is strictly necessary, with:
- Its employees (attorneys, jurists, administrative personnel and interns) who are empowered to process your Personal Data. These employees are bound by a confidentiality obligation;
- Its Clients, as part of the handling of the case.
The Personal Data of Applicants Your Personal Data, which shall be Processed confidentially by RMT, shall only be disclosed to the persons who are in charge of recruitment at RMT, as part of their duties and responsibilities. Your Personal Data shall be stored either in the databases of RMT or in those of its Partners and subcontractors that are based in the European Union. Security of your Personal Data Should your Personal Data be transferred to a country located outside the European Union, RMT undertakes to check that appropriate measures have been implemented in order to ensure that your Personal Data is covered by an adequate level of protection.[ Security of your Personal Data As part of its activities, RMT ensures the protection, the confidentiality and the security of your Personal Data in accordance with the Regulations. RMT takes all reasonable precautions in light of the current state of the art, the costs involved and the nature, the scope, the context and the purposes of the Processing, as well as the probability of each risk, in order to preserve the security and the confidentiality of any Personal Data that you shall disclose to it, and in particular to prevent that it be distorted, damaged or disclosed to third parties (unless you agree to this). RMT therefore implements all the technical, software, hardware and organisational measures required to ensure a level of security that is in keeping with the risks and to prevent any loss, alteration or disclosure of Personal Data or access by unauthorised third parties. However, in view of the intrinsic characteristics of the Internet, any transmission of information over the Internet is not entirely secure. Personal Data transmitted to RMT cannot be protected against all the risks of misappropriation and/or piracy. You therefore transmit your Personal Data at your own risk. In accordance with the applicable Regulations, RMT undertakes to notify any Personal Data breach to France’s CNIL data protection watchdog. Your rights RMT hereby informs you that under the terms and conditions of the Regulations:
- You have a right to access your Personal Data: you have the right to request that RMT disclose whether it holds any Personal Data about you and if so, what data it holds.
- You have a right to request the rectification of your Personal Data: you have the right to request that RMT rectify your Personal Data in case of an error or inaccuracy.
- You have a right to oppose the Processing of your Personal Data: should the Processing be based on the legitimate interests of RMT, you may only exercise this right on legitimate grounds, unless the data is being held for marketing purposes, in which case you need not invoke any justification.
- You have a right to limit the Processing of your Personal Data: you may request that RMT not retain certain elements of your Personal Data for future Processing if:
- You are challenging the accuracy of your Personal Data held by RMT;
- You consider and can prove that the processing of your Personal Data is unlawful but you do not wish that your data be erased and would rather demand that any Processing thereof be limited;
- RMT no longer needs your Personal Data but you still need it to be kept for the establishment, exercise or defence of legal claims;
- You oppose the pursuit of any Processing based on the legitimate interests of RMT, while checks are carried out to determine whether the legitimate interests pursued by RMT prevail over those of the data subject.
- You have a right to request the erasure of your Personal Data: subject to the exceptions stipulated by the Regulations, you have the right to request that RMT erase your Personal Data, on one of the following grounds:
- Your Personal Data is no longer necessary for the purposes for which it was gathered or processed;
- You wish to withdraw your consent to the Processing of your Personal Data and there is no other justification for this Processing;
- You are opposed to the Processing of your personal data and there are no overriding legitimate grounds for the Processing, or you oppose the sending of marketing messages;
- You consider and can prove that your personal data was processed unlawfully;
- Your personal data must be erased by virtue of a legal obligation.
- You have a right to request the portability of your Personal Data: should the Processing be founded on your consent or a contract, you have the right to receive your Personal Data from RMT in a commonly used structured format, and to transmit this Personal Data to another data controller without RMT being entitled to impede this.If this is technically feasible, you may request that your Personal Data be sent directly by RMT to another data controller.
- You have the right to decide the fate of your Personal Data after your death: Finally, you have the right to organise the fate of your Personal Data after your death by issuing general or specific instructions. RMT undertakes to comply with these instructions. In the absence of any instructions, RMT acknowledges that the heirs have the possibility to exercise certain rights, and in particular a right of access, if this is necessary for the settlement of the estate of the deceased, and a right of opposition in order to close the user accounts of the deceased.
You may exercise your rights by sending an e-mail to RMT at the following address: email@example.com, together with a copy of your identity document. If, in spite of RMT’s best efforts to preserve the confidentiality of your personal data, you believe that you are the victim of a violation of the Regulations, you may file a complaint with France’s CNIL Modification of our Data Protection Charter.
RMT shall be entitled to modify its Data Protection Charter. Any modification shall be published on the Site.