"Due diligence" and protection of personal data: the needed balance between the two

I : Legal Information

The website, accessible from the URL http://noellelenoir-avocats.com (hereinafter, the “Website”) is edited and operated by Noëlle Lenoir Avocats Law Firm, a Société d'Exercice Libéral à Responsabilité Limitée (limited liability company for non-commercial purposes), registered with the Paris Trade and Companies Registry (RCS) under No 888 815 677, whose office is located at 28 boulevard Raspail, 75007 Paris, France – Phone number: +33(0)1 45 44 67 16 – e-mail address: contact@noellelenoir-avocats.com.
The Editor-in-Chief is: Noëlle Lenoir, Partner.
The Website is hosted by Alone Consortium – 8 rue de Milan, 75009 Paris, France.

II : Personal Data Protection

Noëlle Lenoir Avocats processes certain personal data of users of this Website. This processing is carried out in accordance with the Regulation (EU) 2016/679 of April 6, 2016, the French Law No 78-17 of January 6, 1978 as modified and with the Noëlle Lenoir Avocats Privacy Policy available here.

III : Copyright

The Website and its content, including, but not limited to, the Website architecture, as well as any text, logos, images, sounds and photos are the exclusive property of Noëlle Lenoir Avocats.
Any total or partial representation of this Website without the express authorization of Noëlle Lenoir Avocats is prohibited.

IV : Hypertext links

Noëlle Lenoir Avocats ensures that the Website contains no hyperlink giving direct or indirect access to websites or website pages whose content is contrary to the essential principles of the legal practice. Noëlle Lenoir Avocats will not, however, commit its legal liability beyond this obligation.
The Website may contain links to other websites not managed and/or operated by Noëlle Lenoir Avocats. These third-party websites may contain their own terms of use that users have to consult and comply with.

V : Liability

Noëlle Lenoir Avocats undertakes to make its best efforts to provide users access to the Website at all times. However, Noëlle Lenoir Avocats shall not be held liable in the case of site unavailability for any reason whatsoever.
By using this Website, you acknowledge you have read these terms of use and agree to comply with them. Noëlle Lenoir Avocats cannot guarantee that the information on the Website is accurate, complete and up-to-date. Noëlle Lenoir Avocats takes all possible measures to provide users with information that is available and correct. However, Noëlle Lenoir Avocats shall not be held liable for any error or omission, or the possible unavailability of information or services. Consequently, users of this Website acknowledge using this information under their sole responsibility.
The Website and its content are intended to provide non-exhaustive, general information about Noëlle Lenoir Avocats, its activity and publications and cannot be regarded or interpreted as providing legal advice and/or as a canvassing, a solicitation and/or an offer of services.

VI : Governing Law

This Website and its content are governed by French law.

VII : Modification

Noëlle Lenoir Avocats reserves the right to amend, at any time and without notice, these Terms of Use.

VIII : Mediation

In accordance with the provisions of Articles L. 612-1 et seq. of the French Consumer Code, you have the possibility, in the event of a dispute, to have recourse to the Consumer Mediator of the Conseil National des Barreaux (the "CNB") – CNB, Médiateur à la consommation, 180 boulevard Haussmann, 75008, Paris, France.

Noëlle Lenoir Avocats has made the data subjects’ (hereinafter “you” or “yours”) protection of personal data (hereinafter “Personal Data”) its priority in accordance with the Regulation (EU) 2016/679 of April 7, 2016 (hereinafter “the GDPR”), as well as the French Law No 78-17 of January 6, 1978 as modified. For this reason, Noëlle Lenoir Avocats undertakes to implement adequate measures to ensure the protection, confidentiality and security of your Personal Data.
The aim of this Privacy Policy is to provide you with information about how Noëlle Lenoir Avocats, as data controller, collects and processes your Personal Data and means that you have at your disposal to control this use and exercise your rights.
This Privacy Policy can evolve to take into account the legislative, regulatory and jurisprudential landscape, as well as recommendations of the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority, hereinafter “the CNIL”) and of the European Data Protection Board.

I : Personal Data collected
1 : Business relationship

When providing legal advice and services, Noëlle Lenoir Avocats collects and processes Personal Data concerning its clients, but also their employees, representatives, service providers and managers. Noëlle Lenoir Avocats also processes the Personal Data of prospects collected during events, meetings or communications with us.
Noëlle Lenoir Avocats may process your personal and contact details, as well as information relating to your professional status. Noëlle Lenoir Avocats may also have access to other Personal Data necessary to provide legal advice and services.

2 : Users of the website

Noëlle Lenoir Avocats collects and processes your Personal Data when you use our website. In this case, we collect information about your visit and how you interact with the website (please consult the Cookie Policy accessible here).

II : Purpose of processing

Noëlle Lenoir Avocats processes your Personal Data for explicit, legitimate and determined purposes, which are as follows:

• contract management;
• understanding how you use our services and the website;
• communicating with you;
• processing your job application;
• improving services;
• ensuring correct functioning and improvement of the website.

Noëlle Lenoir Avocats can also process your Personal Data for administrative purposes or for any other purpose required by applicable legislations and regulations.

III : Legal bases for processing

Noëlle Lenoir Avocats performs the processing of your Personal Data when:

• you have given free, specific, informed and unambiguous consent to the processing of your Personal Data (e.g., registration for an event, newsletter subscription, communication);
• the processing is necessary in connection with any contract you have entered with Noëlle Lenoir Avocats, or to take any steps prior to entering into this contract (e.g., recruitment and job applications, legal advice);
• the processing is necessary for compliance with a legal obligation of Noëlle Lenoir Avocats (e.g., anti-money laundering, fraud prevention obligations);
• Noëlle Lenoir Avocats has a legitimate interest in carrying out the processing of your Personal Data (e.g., maintaining communications and IT systems).

IV : Retention of Personal Data

Noëlle Lenoir Avocats retains your Personal Data for the time strictly necessary to achieve the purpose of the processing operation. Typical retention periods for broad categories of Personal Data are:

• Personal Data of clients and prospects: as long as the relationship is active and, at the latest, three years after the last contact with you;
• Personal Data relating to recruitment procedure: the time necessary to process the application and, in the event of a no-hire decision, three years after the last contact (unless the applicant agrees to a longer period).

Noëlle Lenoir Avocats can retain your Personal Data for a longer period to comply with legal obligations, notably statutory retention periods.

V : Personal Data Recipients

Only persons authorized by Noëlle Lenoir Avocats can access your Personal Data. These persons are lawyers and staff. They are bound by confidentiality obligations.
Service providers of Noëlle Lenoir Avocats can also process your Personal Data strictly only to perform the services entrusted to them (e.g., hosting and communication services, the website’s management and computer maintenance). These service providers are bound by the same obligations of confidentiality and security as Noëlle Lenoir Avocats.
With your consent, Noëlle Lenoir Avocats can also share your Personal Data with its partners/co-organizers of events. Your Personal Data are not transferred outside the European Union.

VI : Your Rights

In accordance with applicable rules, you have the following rights:

• • A right to information: Noëlle Lenoir Avocats strives to provide you with concise, transparent, intelligible and easily accessible information about how it uses your Personal Data;
• A right of access: you have the right to ask if we are processing your Personal Data and, if so, you can request access to these data. This allows you to receive information concerning the processing of your Personal Data and a copy thereof;
• A right to rectification: you have the right to request that any incomplete or inaccurate Personal Data we hold about you is corrected;
• A right to erasure: subject to certain exceptions provided by the applicable legislation, you have the right to have your data deleted. This right is not an absolute right and Noëlle Lenoir Avocats can refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims;
• A right to limit the processing: in certain cases, you have the right to limit the processing of your Personal Data;
• A right to data portability: you have the right to receive your Personal Data in a structured, commonly used computerised format, and for it to be transmitted to a third party if technically possible. This right only applies when the processing of your Personal Data is based on your consent or the performance of a contract;
• A right to object to the processing: you have the right to object to the processing of your Personal Data based on a legitimate interest. Noëlle Lenoir Avocats can however refuse this request by providing compelling legitimate reasons to continue the processing of your Personal Data. Where your Personal Data are used for direct marketing purposes, you can object this processing at any time.

You can exercise yours rights by means of an e-mail addressed to contact@noellelenoir-avocats.com or writing to Noëlle Lenoir Avocats, 28 boulevard Raspail, 75007 Paris.
You may also file a claim with the CNIL (at https://www.cnil.fr/fr/plaintes or by mail at the following address: CNIL - Service des Plaintes - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07).

This Cookie Policy applies when you consult the website http://noellelenoir-avocats.com (hereinafter, “the Website”), owned and operated by Noëlle Lenoir Avocats Law Firm, data controller, whose office is located at 28 boulevard Raspail, 75007, Paris.

I : What is a cookie

Cookies are small text files that a web server sends to your web browser. They are then stored on your computer. They usually contain certain information, such as the name of the server, an identifier in the form of a unique number and an expiry date. Cookies enable a website to collect information about your browsing behaviour to offer you services tailored to your device (computer, mobile, or tablet).

II : What types of cookies are used by Noëlle Lenoir Avocats?

We only use cookies necessary for the Website to work. Their only purpose is to measure the audience of the Website. They allow us to obtain aggregate statistical information which enables an analysis of your use of the Website and improvement of its performance.

III : Who are the recipients of the data collected via cookies??

The data collected by Noëlle Lenoir Avocats can be accessed by only authorized persons and communicated to third parties acting as processors for Noëlle Lenoir Avocats. These processors are only permitted to process these data in accordance with the instructions of Noëlle Lenoir Avocats.

IV : CHow to control cookies? /strong>

You can configure your browser to accept or reject certain or all cookies. Each browser has different configuration. You can find guidance on how to block cookies on your browser below

• Pour Internet Explorer
• Pour Safari
• Pour Chrome
• Pour Firefox
• Pour Opera

V : For more information about cookies

You can find more information about cookies at Youronlinechoices, épublished by Interactive Advertising Bureau. You can also consult the CNIL’website https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser).