WHAT DOES LERINS & BCW DO WITH YOUR PERSONNAL DATA?
The law firm LERINS & BCW, registered under the number 835 044 777 (“LERINS & BCW” or “We”) act as data controller regarding the data of its suppliers, other lawyers, partners, clients and prospects and acts as data processor in terms of data processing performed on its clients data, when providing its services as a law firm.
In all its activities, LERINS & BCW is subject, in addition to the ethical and confidentiality obligations specific to its profession, to the obligations imposed by the regulations applicable in France and within the EU regarding personal data regulations including the Regulation (EU) 2016/679 April 27, 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data (”GDPR”).
Data subjects are suppliers, other lawyers, partners, clients and prospects as well as their associates and persons who are concerned by a matter handled by LERINS & BCW as well as internet users who are browsing on the LERINS & BCW website (together “Persons” or “You”).
The term « personal data » refers to any information that can identify a natural person directly as his last and first name or indirectly as an IP address, address or identification number (the “Data”).
Categories of Data we process depend on the intended purpose. This information may include :
- Last and first name
- Contact information
- Position and employer
- Date and place of birth, parentage
- Tax information
- Phone number
- Images (pictures, video…)
- More generally, any data required for the provision of the service
- Sensitive data related to your criminal record, your health or political opinions, associative or trade union affiliations, origins…
- Navigation data (collected by cookies: IP address, location data, identification of mobile equipment.
The Data are processed for the following purposes:
- Sending quotations and information relating to a service request
- Creation of a prospects database and sending of newsletters (unless opt-out)
- Promotion and marketing of our activities
- Operation and improvement of the website
- Provision of the service and execution of the assigned missions
- Litigation management between LERINS & BCW and Persons
- Accounting and tax obligations
- Credit check and anti-money laundering and anti-terrorist financing
- Invoicing of Our services
- Recruitment and administrative management of employees/ associates
These different data processing are based on the following reasons:
- Performance of the service agreement with LERINS & BCW
- The legitimate interest of LERINS & BCW
- Compliance with Our legal obligations
- In some cases, Your consent, in particular for our specific marketing operations or if Your Data must be transferred to a third party outside the EU or a country guaranteeing an adequate level of protection.
LERINS & BCW collects Data directly from Persons via forms accessible from the website or by telephone conversation, from your mobile or non-mobile terminals, during our research or directly during meetings and exchanges with LERINS & BCW lawyers and/or staff. This Data is updated directly with the Persons. In this respect, Persons undertake to communicate to the marketing/customer service any update of the Data without delay.
LERINS & BCW may also receive or have access to Data concerning You through third parties, in particular public organizations, banking or credit institutions, your counsel, your employer, yours or its partners or service providers. In case that Data is not collected directly by LERINS & BCW but communicated by a third party, the individuals or legal entity it represents and warrants they hold all rights and authorizations or is authorized to transfer such Data.
LERINS & BCW takes all necessary precautions to ensure the confidentiality and security of the Data and to prevent alteration, corruption or access by unauthorized persons. For instance, access to your Data is limited and restricted only to persons/services that need to access to. The Data are stored on secured servers. Access to the Data requires the use of a username and password.
Nevertheless, the transmission of Data via Internet is subject to risks and data security cannot be 100% guaranteed. Therefore, even if LERINS & BCW undertakes comply with data security obligations, We cannot guarantee it.
The collected Data are processed only for the time required/needed for the intended purpose and deleted beyond that. Therefore:
- The Data processed for processing and sending quotes and Data relating to a request or those relating to our “prospects” are kept for 3 years from the date of their collect or the last exchange with the prospect.
- The Data processed as part of providing our services and carrying out the missions you assigned to us are kept for 5 years after the end of the contractual relationship or the mission. We store the Data collected as part of the credit check and anti-money laundering and anti-terrorism financing.
- We may have to process the Data for a longer period of time in the event of pre-litigation or litigation, in which case we delete the Data after reaching a settlement agreement or until ordinary and extraordinary remedies are no longer possible against the court decision.
- Some Data may be retained for up to 10 years at the end of the contractual relationship or engagement to meet our accounting and tax obligations.
- Regarding cookies, depending on their type, they are deleted within 13 months of the Internet user’s visit.
The Data collected is accessible only by members of LERINS & BCW, by departments that need to have access to the Data as part of their mission and in particular by all associates acting as subcontractors of LERINS & BCW.
To carry out its activities and for some of the purposes identified above, LERINS & BCW uses the services of subcontractors or service providers (e.g. those in charge of providing administrative services such as archiving or accounting), IT service providers (e.g. hosting providers) or SaaS solutions (e.g. audit or conference call platform) who have access to Data to carry out the mission assigned to them by LERINS & BCW. All of this Data is hosted within the European Union.
In the context of litigation, dispute resolution or negotiation and more generally in the performance of the assigned missions, the opposing party, your co-contractor, including their lawyers as well as the judicial/justice services (judges, registrars, prosecutors, public authorities…) may have access to your Data.
LERINS & BCW may also disclose the Data to third parties in certain specific cases:
- If the partner in charge of Your file leaves LERINS & BCW and joins another law firm, he/she is likely to transfer your Data to the new law firm which will then become the new data controller;
- If you request the transfer of your file to another lawyer;
- If LERINS & BCW has to transfer the Data to enforce or apply the service agreement or any other support containing Our general terms and support conditions of Our customers or to protect the rights, property or safety of LERINS & BCW, its clients or its employees;
- If the law or a court decision authorizes or requires this transfer by LERINS & BCW.
As part of our partnership with several law firms around the world, particularly outside the European Union, LERINS & BCW may transfer all or part of your Data in order to provide You the best possible service. Such transfer of Data will be subject to your consent resulting from your request for services abroad.
The LERINS & BCW website may contain links to other third party websites (e.g. LinkedIn; Twitter; our networks…), the use of such links is subject to the privacy policies of these third party websites. LERINS & BCW cannot be held responsible for the use of your Data by these websites.
In the context of Data processing carried out by LERINS & BCW, Persons have the right to:
- To obtain access to / the copy of their processed Data;
- To obtain the rectification of the Data;
- To obtain the erasure of all or part of the Data when the Data, (i) are no longer necessary for the purposes for which they were collected, (ii) are based exclusively on consent, (iii) are the subject of an opposition request;
- To obtain the limitation of processing, temporarily, when the accuracy of the Data is challenged, when the Persons has objected to the processing, when the Data is no longer necessary for LERINS & BCW but is still necessary for the recognition, exercise or defense of claims in court;
- To unsubscribe or object to the receipt of marketing messages at any time by clicking on the “unsubscribe” link in any email or communication sent by LERINS & BCW;
- To withdraw its consent at any time in the case of processing based on consent;
- To obtain the Data portability when the processing is based on consent and the processing is carried out using automated processes;
- Provide guidance on the fate of their post-mortem data;
- To file a complaint with the CNIL.
LERINS & BCW reserves the right to request documents to verify the identity of the Person.