USERS' PERSONAL DATA PROTECTION AND COOKIE POLICY .

1.  Definition and nature of personal data

When you use the site (the "Site"), we may ask you to provide us with personal information in order to use the services offered by OMADA.

 

For the purposes of this policy, the term "personal data" refers to all data that relates to what identifies an individual, including your first and last names, e-mail address, telephone number and any other information that you choose to communicate to us about yourself.

2. Purpose of this policy

The purpose of this policy is to inform you about the means we use to collect your personal data, while strictly respecting your rights.

In this respect, we inform you that we comply, in the collection and management of your personal data, with Law No. 78-17 of January 6, 1978 on data processing, data files and individual liberties (loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés), in its current version (the "Loi Informatique et Libertés"), as well as with Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "RGPD").

3.  Identity of data collector

The person in charge of collecting your personal data is OMADA, SELARL, registered with the registry of commerce and companies of Paris under the n°888 498 243, the registered office of which is located 201 rue du Faubourg Saint-Denis, 75010 Paris.

 

In this policy, OMADA is referred to as "we", and the terms "our" and "us" refer to OMADA.

4. Collection of personal data

The legal basis for our collection of your personal data is the following:

(i) Legitimate interest when you voluntarily provide us with personal data while visiting our Site, such data being collected to enable us to better respond to your requests for information about our services,
(ii) Legitimate interest when we send you an email to keep you informed of our services, or to get back in touch with you after a first collaboration,
(iii) Your consent to the use of social network cookies, advertising cookies and Google Analytics cookies referred to in Article 10,

(iv) Compliance with a legal obligation to which we are subject.

Your personal data is collected for one or more of the following purposes:

(i)   To manage your access to and use of certain services available on the Site,
(ii)  To create a file of registered members, users, clients and prospects,
(iii) To send newsletters, commercial proposals and promotional messages - if you do not wish to receive the latter, we give you the option to express your refusal to do so when we collect your data,
(iv) To personalize the answers to your information requests,
(v)  To respect our legal and regulatory obligations.

5.  Recipients of collected data

Our company's staff, the services in charge of the control (auditor in particular) and our subcontractors will have access to your personal data.

 

Your personal data may also be sent to public authorities, exclusively to meet our legal obligations, court officials, judicial officers and organizations responsible for debt collection.

6.  Assignment of personal data

Your personal data will not be transferred, rented or exchanged for the benefit of third parties.

7.  Duration of storage of personal data

(i) Concerning data relating to the management of clients and prospects:

Your personal data is kept for the duration strictly necessary for the management of our business relationship with you.

 

Concerning possible prospecting operations targeted for you, your data may be kept for a period of three (3) years from the end of the business relationship.

 

The data allowing to establish the proof of a right or a contract, which must be kept in order to comply with a legal obligation, will be kept for the duration provided for by the law in force.

Personal data relating to a prospect, not a customer, may be kept for a period of three (3) years from their collection or from the last contact from the prospect.

 

At the end of this three (3) year period, we may contact you again to find out if you wish to continue to receive commercial proposals.

(ii) Concerning the management of lists of opt-out prospects:

 

The information enabling us to take into account your right to opt out of marketing communications is kept for a minimum of three (3) years from the exercise of the opt-out.

(iii)  Concerning cookies:

 

The retention period for cookies referred to in Article 10 is thirteen (13) months.

8. Security

We inform you that we take all useful precautions and appropriate organizational and technical measures to preserve the security, integrity and confidentiality of your personal data and, in particular, to prevent them from being distorted, damaged or accessed by unauthorized third parties.

9. Hosting

We inform you that your data is kept and stored for the duration of its conservation on the servers of the companies OVH and Microsoft Corporation, some of whose servers are located outside the European Union.

 

The transfer of your data in this context is secured by means of a specific contract governing the transfer of your data outside the European Union, based on standard contractual clauses between a data controller and a subcontractor approved by the European Commission, adapted to the specificities of the transfers implemented for the needs of each of the services provided by our subcontractors.

10. Cookies

Cookies are text files, often encrypted, stored in your browser. They are created when a user's browser loads a website: the site sends information to the browser, which then creates a text file. Each time the user returns to the same site, the browser retrieves this file and sends it to the website server.

There are different types of cookies, which do not have the same purposes:

  • Technical cookies are used throughout your navigation, in order to facilitate it and to carry out certain functions. For example, a technical cookie can be used to store the answers filled in a form or the user's preferences regarding the language or the presentation of a website, when such options are available.

We use technical cookies, it being specified that these technical cookies are all essential cookies.

  • Social network cookies may be created by social platforms to enable website designers to share the content of their websites on such platforms. In particular, these cookies may be used by social platforms to track the navigation of Internet users on the website concerned, whether or not they use these cookies.

We do not use social network cookies. If we decide to do so at a later date, we will ask for your agreement before placing them. In addition, you will have the possibility to be informed about their nature, to accept or refuse them.

  • Advertising cookies can be created not only by the website the user is browsing, but also by other websites displaying advertisements, advertisements, widgets or other elements on the page displayed. In particular, these cookies may be used to carry out targeted advertising, i.e. advertising determined according to the user's navigation.

We do not use advertising cookies. If we decide to do so later, we will ask for your consent before depositing them. You will also have the possibility to inform yourself about their nature, to accept them or to refuse them.

  • Audience measurement cookies such as Google Analytics cookies are statistical tools for audience analysis that generate a cookie that measures the number of visits to the Site, the number of page views and visitor activity. Your IP address is also collected to determine the city from which you connect.

We do not use audience measurement cookies. If we decide to do so at a later date, we will ask for your consent before placing them. In addition, you will have the opportunity to be informed about their nature, to accept or refuse them.

 

We would like to remind you that you have the possibility to oppose the use of cookies by setting your browser. However, such a refusal could prevent the proper functioning of the Site.

11.  Access to your personal data

In accordance with the Loi Informatique et Libertés and the RGPD, you have the right to obtain the communication and, if necessary, the correction or deletion of your personal data by contacting us at the following e-mail address: contact@omada-avocats.com.

For the persons whose data is collected on the basis of our legitimate interest, as mentioned in Article 4, it is reminded that they may at any time oppose the processing of their personal data. We may, however, have to continue processing if there are legitimate reasons for the processing that prevail over your rights and liberties or if the processing is necessary to ascertain, exercise or defend our rights in court.

12.  Right to set guidelines for data processing after your death

You have the right to set guidelines for the storage, deletion and disclosure of your personal data after your death.

These guidelines may be general, i.e. they may cover all of your personal data. In this case, they must be registered with a trusted digital third party certified by the French National Commission for Data Processing and Individual Liberties (Commission Nationale de l’Informatique et des Libertés).

The guidelines may also be specific to the data processed by our company. In this case, they should be sent to us at the following address: contact@omada-avocats.com.

By sending us such guidelines, you expressly give your consent for these guidelines to be stored, transmitted and executed in accordance with the terms and conditions set forth herein.

You may designate in your guidelines a person to be responsible for their execution. Such person will then have the authority, after your death, to review the guidelines and request that we implement them. If you do not designate an executor, your heirs will have the right to take notice of your guidelines upon your death and to require us to carry them out.

 

You may change or revoke your guidelines at any time by writing to us at the contact address above.

13. Filing a claim before a supervisory authority

You are also informed that you have the right to lodge a complaint with a competent supervisory authority (the Commission Nationale de l’Informatique et des Libertés for France) in the Member State in which your usual residence, your place of work or the place where the violation of your rights would have been committed, if you consider that the processing of your personal data subject to this policy constitutes a violation of the applicable rules and regulations.

 

This appeal may be exercised without prejudice to any other appeal before an administrative or judicial court. Indeed, you also have the right to an effective administrative or jurisdictional appeal if you consider that the processing of your personal data subject to this policy constitutes a violation of the applicable rules and regulations.

14.  Limitation of treatment


You have the right to obtain the limitation of the processing of your personal data in the following cases:

    

  • During the checking period that we carry out, when you dispute the accuracy of your personal data,

  • When the processing of such data is unlawful and you wish to limit such processing rather than delete your data,

  • When we no longer need your personal data but you wish to retain it to exercise your rights,

  • During the checking period of legitimate reasons, when you have objected to the processing of your personal data.

15. Changes


We reserve the right, at our sole discretion, to change this policy, in whole or in part, at any time. Such changes will be effective upon publication of the new policy. Your use of the Site following the coming into force of these changes will constitute your acknowledgement and acceptance of the new policy. If you do not agree with the new policy, you should no longer access the Site.

16. Entry into force

This policy came into effect on October 2, 2020.