Terms and condition of use

Application and modification of the terms and conditions of use

The website www.guilleminflichy.com (hereinafter the « Website ») is published by the law firm Guillemin Flichy, “Association d’Avocats à Responsabilité Professionnelle Individuelle”, registered under the following number “SIREN” 529 953 879, and located at 6 bis, rue de Montevideo, 75116 – Paris, France.

By accessing and browsing the Website of the law firm Guillemin Flichy, the user acknowledges having read these terms and conditions of use and agrees to abide by them. If not, he is invited to interrupt all browsing on the Website.

Any user of the Website notably guarantees that he has the sufficient legal capacity to accept the present terms and conditions of use. If not, he is invited to immediately interrupt all browsing on the Website.

The law firm Guillemin Flichy has the right to modify the terms and conditions of use herein at any time, especially in order to comply with any change of legal or technical nature or in its digital communication. That is why the users shall regularly revert to the terms and conditions of use herein. The law firm Guillemin Flichy will nevertheless expressly inform its users of any substantial modification brought to the herein terms and conditions of use of the Website.

Intellectual Property

The user acknowledges that the Website of the law firm Guillemin Flichy, as well as all its content, including all data, corporate names, domain names, information, illustrations, photographs, videos, fonts, trademarks, logos, images, graphics, designs, sounds, graphs, databases and software are the exclusive property of the law firm Guillemin Flichy on any territory or are licensed by third parties in order to operate its Website.

Access and/or browsing by the user of the Website neither imply in any way the transfer or sale, in whole or in part, of the intellectual property rights of the law firm Guillemin Flichy or of any third party having licensed them to the law firm, nor involve any authorization to the user to use, reproduce, represent, modify or operate them, in whole or in part, directly or indirectly, for any reason and on any format, and on any territories.

As a consequence, unless the law firm Guillemin Flichy gives its express authorization relating thereto, any reproduction, representation, modification, adaptation, decompilation, in whole or in part, combination with other elements, substantial extraction, any exploitation whatsoever of the pages, data and any other contents of the Website, by any means or on any format, is forbidden on all territories and is likely to infringe the intellectual property rights of the law firm Guillemin Flichy notably as protected by the French Intellectual Property Code, and /or to constitute an act of unfair competition or parasitism notably pursuant to article 1240 of the French Civil Code.

Yet, the law firm Guillemin Flichy may exceptionally authorize its users to download PDF documents and expressly indicates whether this document is provided for such purposes on the Website.

In that case, the law firm Guillemin Flichy grants its user a license to download said content for strictly private purposes, or even to circulate it under its exclusive responsibility, provided that he does not modify its substance and form, and that he refrains from any association, direct or indirect, with any third-party’s content that may be detrimental to the interests of the law firm Guillemin Flichy.

Personal data and cookies

The law firm Guillemin Flichy is very careful about the protection of the personal data of its clients, prospects, partners, candidates and all users of its Website.

As a consequence, it fulfills all obligations it is subject to as the processor or controller of personal data, pursuant to all laws and regulations applicable thereto and to the use of cookies on the Website.

For further details, clients, prospects, partners, candidates and all users of the Website are invited to take a look at the data protection policy available on the Website, by clicking on the following link: https://www.guilleminflichy.com/en/pages/personnal-data

Website user’s liability

The user commits himself to use the Website in respect of the rights and interests of the law firm Guillemin Flichy, any third party, the public order and moral standards without interfering with its proper working and, in any events, under his exclusive liability.

Before any access to the Website, the user commits himself to take all necessary measures to the protection of his own data and/or his software against any potential virus or malware.

The liability of the law firm Guillemin Flichy

The law firm Guillemin Flichy does its best efforts for the Website to be available to its users 24/24h and 7 /7 days.

Nevertheless, the user is informed that the Internet network, computers and telecommunication system may dysfunction or be interrupted and that technical maintenance operations limiting access to the Website may occur.

The law firm Guillemin Flichy shall not be held liable, either for any temporary or permanent unavailability of the Website, whether it is being caused by itself or by any external circumstance, or for any damage that could result therefrom for its user.

The law firm Guillemin Flichy also does its best efforts to provide and disseminate on its Website information and documents that are not only accurate, verified and updated, but also free of any virus or bugs.

The user is nevertheless informed that these information and documents are only provided for information purposes and neither the law firm Guillemin Flichy, nor any of its members, shall bear any responsibility therefrom, for any reason. The law firm Guillemin Flichy also reserves the discretionary right to modify and/or delete them from the Website at any time.

The law firm Guillemin Flichy shall not in any case be held responsible for any indirect and/or unpredictable damage caused by the access and/or browsing on the Website to the Client or any third party, including any financial or commercial damage, loss of profits, planned savings, goodwill, data, attractiveness or reputation.

Hypertext links

The law firm Guillemin Flichy may set up hypertext links on its Website, directing to other contents available on the Internet.

Pursuant to its ethical obligations, it ensures that all third-party’s websites comply with the essential principles of the profession of lawyers. If it is not, the law firm Guillemin Flichy reserves the discretionary right to delete any hypertext links directing to all inappropriate content and/or contrary to its ethical principles.

The user is nevertheless informed that these third-party’s contents are independent from the law firm Guillemin Flichy which neither publishes nor control their content. These hypertext links are provided for information purposes only and do not imply validation or full acceptance of the law firm Guillemin Flichy of its contents, authors, editors, etc.

Miscellaneous

If any of the provisions of these terms and conditions of use is declared null and void, in whole or in part, the other provisions, rights and obligations herein shall remain in full force and effect.

The fact that the law firm Guillemin Flichy refrains from demanding the performance of a provision of the present terms and conditions of use shall not be interpreted as a renunciation to invoke, in the future, the so said non-performance in whole or in part.

In case of any doubt, difference of interpretation or contradiction, the French version of the present terms and conditions of use also available on the Website shall prevail on the English version herein.

Applicable law and jurisdiction

Subject to any applicable mandatory laws, the present terms and conditions of use of the Website of the law firm Guillemin Flichy shall be subject to French law.

Subject to any applicable mandatory laws, any litigation linked to their validity, interpretation and performance are exclusively subject to the competent courts under the jurisdiction of the Paris Court of Appeal.

PERSONAL DATA / COOKIES

The law firm Guillemin Flichy, “Association d’Avocats à Responsabilité Professionnelle Individuelle”, registered under the following number “SIREN” 529 953 879, and located at 6 bis, rue de Montevideo, 75116 - Paris, gives the utmost consideration to the data protection of its clients, prospects, partners, candidates, the web users of its website www.guilleminflichy.com (hereinafter the « Website »), or any third party who would get in touch with the law firm Guillemin Flichy (hereinafter collectively the “Interlocutors”).

Consequently, it fulfils all obligations stemming from its quality of personal data processor or controller established on the French territory, in compliance with any applicable laws and regulations regarding the protection of its Interlocutors’ personal data as well as the use of cookies on the Website, and especially the Regulation (EU) n°2016/679 of 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 the French law n°78-17 of 6 January 1978 “Informatique et Libertés” as amended.

Scope of the Policy

This data protection policy (hereinafter the « Policy ») shall apply to every processing activities carried out by the law firm Guillemin Flichy such as the collection, recording, organisation, storage, adaptation, consultation, use, dissemination or otherwise making available, restriction, erasure or destruction of the data which allow to identify, directly or indirectly, any of its Interlocutors.

Before any communication of personal data to the law firm Guillemin Flichy, each Interlocutor shall read carefully the herein Policy, to take good note of his rights related thereto and how he may exercise them.

Should an Interlocutor disagree with these provisions, he shall inform thereof the law firm Guillemin Flichy as soon as possible in accordance with the terms explained herein and, if applicable, immediately stop using the Website.

Each Interlocutor also guarantees to have the sufficient legal capacity to accept this Policy in accordance with the Regulation (EU) n°2016/679 of 27 April 2016 and the French law n°78-17 of 6 January 1978 “Informatique et Libertés” as amended. If not, he mustn’t communicate any personal data to the law firm Guillemin Flichy on his own initiative and, if applicable, he is invited to stop using immediately the Website, in accordance to its terms and conditions of use.

Amendments of the Policy

The law firm Guillemin Flichy reserves the right to update the Policy at any moment, more particularly in view of any technological, commercial or legislative evolution, being precised that its last update is mentioned at the bottom of the document.

In consequence, its Interlocutors are invited to refer to the Policy on a regular basis. Yet, any substantial modification brought thereto will expressly be notified to the Interlocutors by an informative banner displayed in the footer of the Website page and/or by email.

Processed personal data

When contacting or interacting with the law firm Guillemin Flichy (including any of its members) and/or using the Website, including any sending of the application form made available on the Website, the Interlocutors may have to communicate to the law firm Guillemin Flichy the following kinds of personal data:

  • names ;
  • surnames ;
  • gender ;
  • date and place of birth ;
  • marital status ;
  • email adresses ;
  • mailing adresses ;
  • phone numbers ;
  • resume ;
  • academic and professional backgrounds ;
  • signature ;
  • photographs ;
  • data related to any exchange between the law firm Guillemin Flichy and its Interlocutor; and,
  • any other data that the Interlocutor would deem necessary to provide to the law firm Guillemin Flichy.

Purposes of the processing

The law firm Guillemin Flichy only collects and processes the personal data for the following purposes which necessarily depend on the type of Interlocutor at stake.

Thus, firstly, the processing of personal data may be necessary for the law firm Guillemin Flichy in order to provide its services in accordance with the mandate entrusted to it or to implement pre-contractual measures within the scope of:

  • the processing of prospect’s requests regarding the services that might be provided by the law firm Guillemin Flichy;
  • the execution of any service contract concluded between an Interlocutor and the law firm Guillemin Flichy, as well as any previous pre-contractual exchange;
  • the processing of an application by the law firm Guillemin Flichy, whether spontaneous or following a job advertisement under the “Carreer” tab on the Website; or,
  • more broadly, any request for information from one of the Interlocutors of the law firm Guillemin Flichy.

Secondly, the law firm Guillemin Flichy may have to process and store personal data to comply with its legal and regulatory obligations, within the scope of:

  • the conservation period of legal documents and the time-limit for professional liability;
  • the time-limit for the retention of invoices and accounting data; or,
  • any anti-money laundering measures.

Finally, the law firm Guillemin Flichy is sometimes bound to process personal data in order to improve the information and services it provides to its Interlocutors, including its clients, particularly within the scope of:

  • the sending of legal newsletters or other commercial documents and greetings cards to its clients;
  • the measurement of its Website’s audience;
  • the analysis of the profiles and behaviours of web users on the Website;
  • the adaptation of the Website to the needs and habits of web users;
  • the analysis of any incident that might occur on the Website and its consequences for web users; or,
  • the exercise and defence of its rights and legitimate interests, as well as those of third parties, including its Interlocutors.

However, if the law firm Guillemin Flichy was willing to process personal data for another purpose than those they were collected for, as laid down in the previous paragraph, it would inform the concerned Interlocutor beforehand.

Direct marketing purposes

As indicated within the previous paragraph, the law firm Guillemin Flichy may have to process personal data in order to improve the information and the services provided to its clients, prospects, candidates and/or to send them legal newsletters or other commercial documents and greetings cards.

More specifically, the law firm Guillemin Flichy commits, in such circumstances, to explicitly bring to the attention of the data subject his right to object, in a clear manner and separated from any other information.

Categories of recipients of the processed personal data

The personal data are processed by the law firm Guillemin Flichy in a strictly confidential manner and will only be made available to its employees and/or any of its lawyers, whether partners or associates, as long as this access is strictly necessary and proportionate to the purposes pursued.

As a personal data processor, the law firm Guillemin Flichy is also likely to delegate the processing of these data to external service providers who will insure an adequate level of data protection and security, among which are IT service providers, accountants, technical providers, notably in charge of hosting the Website or placing and managing cookies, but also other lawyers, judicial officers, for the sole purposes of managing, monitoring, processing and archiving their files. It commits to inform its Interlocutors of any disclosure of its data to other categories of recipients than those referred to herein.

Finally, the law firm Guillemin Flichy may disclose the collected personal data to any legal, financial or public authorities upon request and within the limits laid down by applicable laws and regulations.

Data transfer

As the case may be, the personal data collected and processed by the law firm Guillemin Flichy are only transferred to third countries:

  • on the basis of an adequacy decision of the European Commission; or,
  • if such transfer provides appropriate safeguards (approved standard data protection clauses, binding corporate rules); or,
  • in any situation where the law firm Guillemin Flichy can benefit from derogations in compliance with the Regulation (EU) n°2016/679 of 27 April 2016.

Storage conditions of personal data

The personal data are processed and stored by the law firm Guillemin Flichy in adequate security conditions and for no longer than is necessary for the purposes for which the personal data are processed but, at least, for the mandatory storage period laid down by applicable laws and regulations.

For example, the law firm Guillemin Flichy is particularly bound to store most of the information concerning its clients’ files for a five-year (5) period running from the end of its mission.

Rights of the Interlocutors of the law firm Guillemin Flichy

The Interlocutors of the law firm Guillemin Flichy have the following rights:

  • Right of access: every Interlocutor can obtain any information relative to his personal data as well as a copy of them;
  • Right to rectification: every Interlocutor can have any incomplete, obsolete or inaccurate personal data modified;
  • Right to erasure: every Interlocutor can ask the erasure of any personal data within the limits of legal and regulatory obligations;
  • Right to restriction of processing: every Interlocutor can obtain restriction of processing personal data concerning him;
  • Right to object: every Interlocutor has, in principle, the right to object to the processing of his personal data on grounds relating to his particular situation;
  • Right to data portability: every Interlocutor has the right to receive his personal data in a structured, commonly used and machine-readable format, and to transmit those data to another processor, without hindrance from the law firm Guillemin Flichy;

Right to define guidelines relating to the processing of his personal data after his death (retention, erasure and communication).

Each Interlocutor can exercise all rights before the law firm Guillemin Flichy by writing:

  • to the following mail address: 6 bis, rue de Montevideo -75116 Paris, France; or,
  • to the following email address: dpo@guilleminflichy.com

Each Interlocutor can also lodge a complaint with a supervisory authority like the CNIL (Commission Nationale de l’Informatique et des Libertés) in France.

For further information concerning the processing of his personal data, every Interlocutor can contact Alexis Guillemin, Partner and Data Protection Officer appointed by the law firm Guillemin Flichy, by email to dpo@guilleminflichy.com.

Duties of the Interlocutors

Each Interlocutor shall be informed that the Website is likely to contain personal data about the members of the law firm Guillemin Flichy, whatever their status, such as names, surnames, photographs, email addresses, etc.
Their reproduction on the Website does not authorize the Interlocutors to collect these personal data, in particular their email addresses, for purposes other than contacting the members of the law firm Guillemin Flichy in the course of the normal and intended performance of their professional activity.

Cookies

All Policy‘s provisions, including the legal commitments of the law firm Guillemin Flichy, shall apply to the process of personal data carried out through cookies on the Website.

Cookies are text files stored on the browser of any web user while surfing on the website. They stock information and send them back to the website every time the web user browses it.

In this regard, the law firm Guillemin Flichy uses the services of Googles Analytics, from the Google Inc. company, which terms and conditions of use relating to confidentiality and protection of personal data are available under the following links: https://www.google.com/analytics/learn/privacy.html?hl=en-GB.

Therefore, when a web user visits the Website and when he gives his consent according to the terms and conditions hereinafter stated, Google Analytics puts on his browser, whatever the support used (computer, tablet, cellphone, etc.), audience measurement cookies, which collect anonymous personal data relating to the profiles and habits of Internet users (socio-professional category, age range, geographical origins, interests) on the Website.

The so-said personal data are then stored for statistics purposes in order to measure the audience of the Website, analyze profiles and behaviors of the users of the Website, and then adapt it to their needs and habits, particularly by putting forward some contents, understanding any incident that might occur on the Website and its consequences for the web users, and improve the services offered by the Website accordingly.

Apart from the company Google Inc. in charge of the collection and processing of the data in a strictly confidential manner, the law firm Guillemin Flichy is the only one to have access to the data collected through Google Analytics.

Before using the Website, any user is always warned that cookies are used thereon, and that, if he wishes to keep using the Website, he must choose between:

  • giving his express consent to the use of cookies by clicking on the « I agree » tab displayed on a banner located in the footer of the welcome page of the Website.

Then, the web user is free to continue browsing the Website. In such circumstances, to continue to browse the Website (by clicking on another page or a tab, on the sign “X”, or any other content of the webpage) shall constitute acceptance to the storage of cookies on his browser; or,

  • rejecting the storage of cookies, by using the incognito mode or by configuring his browser in order to block cookies, whether systematically or not, or to delete them in a permanent way.

In any event, the web user is able to delete, at all times, all cookies stored on his browser via its settings, and notably the downloading of a special web browser plugin aiming at disactivating Google Analytics, and available under the following link: https://tools.google.com/dlpage/gaoptout/?hl=en.