Privacy Policy

1.    Introduction

In the era of digital transformation and big data, the protection of personal data is both a challenge and a major issue for law firms.

 

Since the General Data Protection Regulation came into force, it has been essential for the Firm to address this issue. Indeed, the protection of personal data is a major competitive advantage and a factor in building trust with clients and members of the firm.

 

In the course of its business, SELARLU CABINET HOUARI AVOCATS collects and processes personal data.

 

Therefore, in order to promote innovation while building a lasting relationship of trust based on respect for individual rights and freedoms, SELARLU CABINET HOUARI AVOCATS attaches great importance to the protection of your personal data.

 

This note defines the Firm's data protection policy, which applies to the Firm's accessible website.

 

The main objective of this policy is to provide, in a concise, transparent, understandable and easily accessible format, information about the data processing operations carried out so that you can understand the conditions under which your data is processed, your rights in this regard and the commitments made by SELARLU CABINET HOUARI AVOCATS.

 

This policy aims to describe the rules of good conduct expected of members of the Firm to ensure the protection of personal data and the privacy of individuals, in particular clients and members of the Firm.

 

The personal data protection policy illustrates the responsible and ethical behaviour that each member of the Firm must observe when collecting and processing personal data.

 

By using the Website, you accept the terms of the data protection policy.

2.    Who are we?

SELARLU CABINET HOUARI AVOCATS is a law firm with its registered office at 92 Boulevard de SEBASTOPOL, 75003 PARIS, registered with the Paris Trade and Companies Register under
 number 423 464 924.

3.    Fair and transparent collection

In the interests of fairness and transparency towards our clients, our members and our service providers, our firm takes care to inform the persons concerned of each processing operation it carries out by means of information notices.

This data is collected fairly; no collection is carried out without the knowledge of the persons concerned and without their being informed.

Our firm is also available at the following address to provide any necessary clarification regarding its data protection policy: houari@cabinet-houari -avocats.fr.

4.    The principle of purpose

When Houari Avocats is required to process data, it does so for specific purposes: each data processing operation carried out pursues a legitimate, specific and explicit purpose.

5.    Proportionate, adequate and relevant data processing

For each of the processing operations carried out, SELARLU CABINET HOUARI AVOCATS undertakes to collect and use only data that is adequate, relevant and limited to what is necessary for the purposes for which it is processed.

The firm ensures that the data is updated where necessary and implements procedures to enable the deletion or rectification of inaccurate data.

6.    Personal data collected

In the context of data processing for the purposes set out below, SELARLU CABINET HOUARI AVOCATS Avocats may ask you for and collect personal data and other information from you,
 in particular on certain pages of the Website.

The Firm may collect and process the following categories of data:

• Identification data of the persons concerned, such as your first name and surname;
• Data relating to the personal life of the persons concerned, such as your e-mail address, postal address or date of birth;
• Data relating to the professional situation of the data subject, such as their profession or professional contact details;
• Economic and financial data about the data subject;
• Data relating to the data subject's education, qualifications and distinctions;
• Data containing the data subject's social security number;
• Sensitive data such as data relating to health status;
• Data relating to criminal convictions and offences, or related security measures;
• Connection data such as the domain names and IP addresses of its visitors, usage statistics (including browser types and operating systems used) and browsing history.

More generally, SELARLU CABINET HOUARI AVOCATS collects and processes any personal data that has been transmitted in connection with the provision of the Firm's services.

 

You should not send us any confidential information until we have confirmed in writing that we represent you. Unsolicited emails from individuals who are not clients of the Firm do not create an attorney-client relationship, may not be protected by professional secrecy, and may be disclosed to third parties.

 

When data is required for the conclusion of a contract or to meet legal or regulatory obligations , the collection forms will indicate this with an asterisk. If this information is not provided, your request may not be reviewed or its analysis may be delayed.

7.    The origin of the data we process

7.1    Declarative personal data

This is personal data that you provide in the context of:

• your exchanges or relations with the Firm;
• the creation of a file.

This data is mainly collected through our forms and electronic exchanges.

7.2    Personal data from third parties

Personal data may also come from:

• fellow solicitors;
• any third party involved in the work entrusted to the Firm;
• courts.

8.    The legal basis and purposes of our data processing

The processing carried out by the Firm is necessary for the performance of a contract or for the implementation of pre-contractual measures taken at the request of the data subject. This applies to processing carried out for the following purposes:

• client management (case management and client follow-up, digital archiving management, contact management, switchboard management, document drafting management).

Processing for the following purposes is carried out to meet the legal and regulatory obligations incumbent on SELARLU CABINET HOUARI AVOCATS, namely:

• Payroll management;
• Administrative management of the firm's members;
• Finance and accounting management (management of accounts and invoicing of clients and suppliers, management of tax returns).

Processing for the following purposes is carried out to achieve the legitimate interests of SELARLU CABINET HOUARI AVOCATS, in particular the management, smooth running and deployment of its business:

• Paper archiving management;
• External communication management (management of communications, events, greeting cards, newsletter subscription management);
• Social networks (management of the Facebook page, management of the Google+ page);
• Website management (management of the contact form, management of the customer area);
• Email management;
• Calendar management;
• Directory management;
• Recruitment management;

9.    Sharing information with third parties: recipients of your data

The personal data we collect, as well as any data collected subsequently, is intended for us in our capacity as data controller.

 

The following categories of recipients also receive your data:

• members of the Firm;
• any third party involved in the performance of the tasks entrusted to the Firm;
• competent authorities or courts.

Furthermore, we may be legally required to disclose the information collected.

 

We ensure that only authorised persons have access to this data. SELARLU CABINET HOUARI AVOCATS applies strict authorisation policies to ensure that the data it processes is only transmitted to persons authorised to access it.

10.    Transfers of your data

The Firm does not transfer your data outside the European Union unless such transfer is based on exemptions for specific situations (your consent, transfer necessary for the performance of a contract between you and the Firm or for the implementation of pre-contractual measures taken at your request, etc.).

 

If SELARLU CABINET HOUARI AVOCATS needs to transfer data outside the European Union outside of these exceptional cases, it would only do so after taking the necessary and appropriate measures to ensure a level of protection and security of personal data equivalent to that offered in Europe, of which it would inform you in advance.

 

To secure these transfers outside the European Union, we could, for example, implement standard clauses defined by the European Commission to regulate data flows.

11.    The periods for which we retain your data

Each member of SELARLU CABINET HOUARI AVOCATS undertakes to ensure that data is only retained in a form that allows the identification of the persons concerned for the period necessary for the purposes for which it is processed.

The retention periods we apply to your personal data are proportionate to the purposes for which it was collected.

More specifically, we organise our data retention policy as follows:
 

N°	Purpose	Retention period
1.	Client management (contact management, digital and paper archiving, telephone switchboard, drafting of documents)	Duration of the contractual relationship plus the statutory limitation period. For customer data used for personalized marketing purposes: duration of the contractual relationship plus three years.
2.	Managing the sending of communications (events, greeting cards, etc.)	For communications: - Until the data subject objects. When a person exercises their right to object to receiving personalized solicitations, the information necessary to process their objection is retained indefinitely to ensure the effectiveness of the objection. Only the data necessary to process the objection is retained (e.g., email address). - For customers: duration of the contractual relationship. - For prospects: three years from the date of collection by the data controller or the last contact initiated by the prospect. For events: duration necessary for the organization and management of the event.
3.	Newsletter subscription management	Until the individual objects When an individual exercises their right to object to receiving personalized marketing communications, the information necessary to process their objection is retained indefinitely to ensure the effective exercise of that right. Only the data required to process the objection is retained (for example, email address).
4.	Website management for the firm (contact form, client area)	Prospects: Three years from the date of collection by the data controller or the last contact initiated by the prospect. Clients: The duration of the contractual relationship plus the statutory limitation period. Until the data subject objects. When a person exercises their right to object to receiving personalized marketing, the information necessary to process their objection is retained indefinitely to ensure the effectiveness of the objection. Only the data necessary to process the objection is retained (e.g., email address). Information stored on users' devices (e.g., cookies) or any other element used to identify users and enable user tracking is not retained for more than 13 months.
5.	Email management	Prospects: Three years from the date of collection by the data controller or the last contact initiated by the prospect. Clients: Duration of the contractual relationship plus the statutory limitation period.
6.	Directory management	Prospects: Three years from the date of collection by the data controller or the last contact initiated by the prospect. Customers: The duration of the contractual relationship plus the applicable statutory limitation period.
7.	Recruitment	Duration of the recruitment period Candidate data is kept for a maximum of 2 years from the last contact.
8.	Payroll management	The length of the employment period of employees or collaborators, plus the statutory limitation period.
9.	Administrative management of Cabinet members	The length of the employment period of employees or collaborators, plus the statutory limitation period.
10.	Accounts receivable management	For accounting documents: 10 years from the end of the accounting period
11.	Accounting and supplier invoicing management	Duration of the contractual relationship plus the statutory limitation period For accounting documents: 10 years from the end of the fiscal year
12.	Management of the administration's rights to communication, investigation and control	6 years from the date of the last transaction mentioned in the books or registers or from the date on which the documents or records were drawn up.

12.    Protection of collected information

SELARLU CABINET HOUARI AVOCATS attaches particular importance to the security of personal data.

Appropriate technical and organisational measures are implemented to ensure that data is processed in such a way as to protect it against accidental loss, destruction or damage that could compromise its confidentiality or integrity.

When developing and designing, or when selecting and using the various tools that enable the processing of personal data, SELARLU CABINET HOUARI AVOCATS ensures that they provide an optimal level of protection for the data processed.

Nevertheless, the security and confidentiality of personal data depend on the good practices of each individual, and the data subject is therefore invited to remain vigilant on this issue.

13.    Protection of personal data from the outset and by default

SELARLU CABINET HOUARI AVOCATS has adopted internal policies and procedures and implements measures that comply with the principles of protection by design and protection by default
 of the data processed. As such, SELARLU CABINET HOUARI AVOCATS is able to use pseudonymisation or data encryption techniques where possible and/or necessary.

14.    Subcontracting

Each member of the firm who subcontracts part or all of the implementation of personal data processing undertakes to contractually impose on its subcontractor guarantees of personal data confidentiality through technical and human measures to protect such data.

 

Thus, only a subcontractor who provides sufficient guarantees regarding the implementation of appropriate technical and organisational measures shall be used, so that the processing meets the requirements of the Regulation and guarantees the protection of the rights of the data subject.

 

In accordance with its commitments, our firm carefully selects its subcontractors and service providers and requires them to:

• a level of personal data protection equivalent to its own;
• the use of personal data or information solely for the purpose of managing the services they are required to provide;
• strict compliance with applicable legislation and regulations on confidentiality and personal data;
• the implementation of all appropriate measures to ensure the protection of any personal data they may be required to process;
• the definition of the technical and organisational measures necessary to ensure security.

As a result, a written contract is concluded between our firm and the subcontractor, defining in particular the purpose, duration, nature and purpose of the processing, the type of personal data and the categories of data subjects, as well as the obligations and rights of the data controller.

15.    Your rights

Each member of the firm responsible for processing personal data undertakes to put in place, internally, all the human and technical resources necessary to effectively ensure compliance with, in particular, the rights of access, rectification and opposition on legitimate grounds of the persons concerned.

It is specified that we may oppose requests that are manifestly abusive, in particular due to their number, repetitive or systematic nature, and requests for access made by data subjects concerned by the processing of personal data.

15.1    Your right of access

In this respect, you are confirmed that your personal data is or is not being processed and, when it is, you have the right to request a copy of your data and information concerning:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients and, where applicable, if such communication is to be made, the international organisations to which the personal data have been or will be communicated, in particular recipients established in third countries;
• where possible, the envisaged period for which the personal data will be stored or, where that is not possible, the criteria used to determine that period;
• the existence of the right to request the controller to rectify or erase your personal data, the right to request a restriction on the processing of your personal data, the right to object to such processing;
• the right to lodge a complaint with a supervisory authority;
• information about the source of the data where it is not collected directly from the data subjects;
• the existence of automated decision-making, including profiling, and in the latter case, useful information about the underlying logic, as well as the significance and expected consequences of this processing for the data subjects.

15.2    Your right to rectification of your data

You may ask us to rectify or complete your personal data if it is inaccurate, incomplete, ambiguous or out of date.

15.3    Your right to erasure of your data

You may request that we erase your personal data when one of the following grounds applies:

• the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
• you withdraw your prior consent;
• you object to the processing of your personal data when there is no legitimate reason for the processing;
• the processing of personal data does not comply with the provisions of applicable legislation and regulations.

Please note that the right to erasure of data is not a general right and can only be exercised if one of the grounds provided for in the applicable regulations is present.

Therefore, if none of these grounds are present, SELARLU CABINET HOUARI AVOCATS will not be able to comply with your request; this will be the case if it is required to retain the data due to a legal or regulatory obligation or for the establishment, exercise or defence of legal claims.

15.4    Your right to restrict data processing

You may request the restriction of the processing of your personal data in the cases provided for by law and regulations.

15.5    Your right to object to data processing

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data on the legal basis of the legitimate interests pursued by the data controller (see the article above on the legal basis for processing).

If you exercise this right to object, we will ensure that we no longer process your personal data in the context of the processing in question, unless we can demonstrate that we have legitimate and compelling reasons for continuing to do so. These reasons must override your interests and rights and freedoms, or the processing must be justified for the establishment, exercise or defence of legal claims.

You have the right to object to personalised marketing and profiling insofar as it is related to such marketing.

15.6    Your right to data portability

You have the right to data portability. Please note that this is not a general right. not all data from all processing operations is portable, and this right only applies to automated processing, excluding manual or paper-based processing.

 

This right is limited to processing operations whose legal basis is your consent or the performance of pre-contractual measures or a contract.

 

This right does not include derived data or inferred data, which is personal data created by the Firm.

 

The data to which this right applies are:

• only your personal data, which excludes anonymised personal data or data that does not concern you;
• declarative personal data and the operational personal data mentioned above.

The right to portability may not infringe on the rights and freedoms of third parties, such as those protected by trade secrets.

 

You may request data portability in accordance with the procedure set out below, specifying whether you wish to receive the data yourself or, if technically possible for us, whether you wish us to transmit it directly to another data controller.

 

In the latter case, please ensure that you provide us with the exact name of that controller, their contact details and the department or person who should receive it. In order to facilitate the exercise of this right, you must inform that recipient of your request to our services.

15.7    Your right to withdraw your consent

When the data processing we carry out is based on your consent, you may withdraw it at any time. We will then cease to process your personal data without calling into question the previous operations for which you had given your consent.

15.8    Your right to lodge a complaint

You have the right to lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) in France, without prejudice to any other administrative or judicial remedy.

15.9    Your right to define post-mortem guidelines

You have the option of defining specific guidelines relating to the storage, erasure and communication of your personal data after your death to our services in accordance with the terms and conditions set out below. These specific guidelines will only apply to the processing carried out by us and will be limited to this scope alone.

You will also be able to define general guidelines for the same purposes once this person has been appointed by the executive branch.

15.10    How to exercise your rights – Contact us

Our firm is able to respond to requests to exercise the rights of data subjects throughout the processing, in accordance with the conditions and deadlines set out in the applicable regulations.

All the rights listed above may be exercised by sending an email to houari@Cabinet-houari -avocats.fr or by post to SELARLU CABINET HOUARI AVOCATS 92 Bd de SEBASTOPOL 75003 PARIS.

The data subject must clearly indicate their surname and first name(s), attach a copy of their identity document and indicate the address to which they wish the reply to be sent.

Our firm will inform any data subject who wishes to exercise their rights if it is not possible to comply with their request.

16.    Changes to the Data Protection Policy

We may need to amend this Data Protection Policy. We therefore invite you to consult this policy regularly on our website.

Such changes will take effect on the date indicated at the top of the page, which is the date of the last revision or substantial change to the Data Protection Policy. By continuing to use the Website after this date, you accept the changes made to the Data Protection Policy.