General Terms of Services relating to personal data and privacy
PERSONAL DATA
Personal data of third parties
In order to carry out the order, and in general during its various exchanges with the Client, LinkBees SARL, hereinafter referred to as LinkBees, may receive personal data from third parties, hereinafter referred to as Data.
This Data may appear in the documents to be translated or in any other document provided by the Client. The Data may relate to any natural person and be of any nature such as: surname, first name, age, profession, address, telephone number, etc. Some of this Data may be particularly sensitive, in particular those relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, sex life or sexual orientation, health, offences or convictions of any kind, particularly criminal.
The Client warrants to LinkBees that it has obtained the valid consent of the persons whose Data is referred to in the documents provided to LinkBees, and that it has informed them of their rights in its capacity as data controller. LinkBees shall not, in its capacity as processor, be under any obligation in this respect, and shall not be liable if the processing requested by the Client is unlawful. If LinkBees is held liable by the Client for the processing of Data, the Client shall indemnify LinkBees for the amount of compensation required.
LinkBees is authorised to process such Data on behalf of the Client in order to provide the following services:
- translate the documents and/or content submitted to it by the Client and/or
- legalise/assert/certify a document entrusted by the Client and/or
- participate in an interpreting assignment and/or
- to participate in any other linguistic mission ordered by the Client.
In order to carry out the said services, LinkBees is required to process the Data, in particular to receive, consult, modify, copy, save and/or restore the Data.
Furthermore, in the context of the execution and follow-up of the order, LinkBees is authorised to subcontract all or part of the processing of the Data to a third party of its choice, whether this third party is located in the European Union or outside the European Union.
During the execution of the order, and as long as LinkBees remains in possession of the Data, LinkBees undertakes -in its capacity as subcontractor- to:
- communicate to the Client, upon request, its information systems security policy;
- implement all technical and organisational measures to guarantee a maximum level of security, taking into account the sensitivity of the Data, the risk incurred, and the state of technical knowledge;
- process Data only on the basis of and in accordance with the documented instructions of the Client, in particular if the Data is to be transferred to another country of the European Union or to a country outside the European Union;
- if one or more of the Client’s instructions would constitute a breach of the provisions of the Regulation or a breach of European Union law relating to personal data, inform the Client immediately;
- process the Data entrusted by the Client only within the limits defined by the Client on a case-by-case basis, in particular with regard to the purpose, nature, duration and purposes of the processing;
- to assist the Client as far as possible in order to enable the persons holding the Data to exercise their rights (in particular their rights of access, rectification, deletion and opposition, their rights to limit the processing, to portability of the Data, their right not to be the subject of an automated individual decision);
- inform the Client of any incident or security breach that may affect the security and/or confidentiality of the Data without delay after its occurrence;
- assist the Client to the fullest extent possible to respond effectively and promptly to a Data breach, including the obligation to use all means at its disposal to inform the Client immediately of such a breach, and the obligation to co-operate with the Client in informing the supervisory authority and the persons concerned, as well as the obligation to inform the Client of the likely consequences of such a breach and of the measures to be taken to remedy it;
- to assist the Client, as far as possible, in the implementation of impact analyses and in the prior consultation with the supervisory authority, such analyses having the objective of determining a priori the risks that a particular processing operation may entail for the rights and freedoms of the persons concerned;
- on the instruction of the Client and without delay, delete the Data transmitted from all the media on which they appear, not to keep any copy of them in any form whatsoever, not to make any kind of subsequent use of them and to justify their destruction in writing;
- at the end of a period of 10 years from the date of execution of the order, permanently delete the Data transmitted from all the media on which they appear, not to keep any copy of them in any form whatsoever, and not to make any kind of subsequent use of them, and to justify their destruction in writing, unless Union law or the law of the Member State requires the retention of the Data for a longer period;
- communicate the name and contact details of its Data Protection Officer (DPO), if it has appointed one;
- inform the Client of the existence of a register of processing operations, if applicable;
- provide the Client with all the information necessary to demonstrate compliance with the obligations arising from this Agreement and, if necessary, allow an audit to be carried out for these purposes, either by the Client or by any third party appointed by the Client.
Client’s personal data
In addition, in order to carry out the order, and generally in the course of its various exchanges with the Client, LinkBees may receive personal data belonging to the Client’s personnel (employees, directors, etc.), hereinafter referred to as the Client Data.
The Client’s Data may be of any kind, in particular: name, first name, telephone number, e-mail address, etc.
As the Client’s Data is necessary for the execution of the order, it is collected and processed on the basis of Article 6, paragraph 1, point b) of the EU Regulation 2016/679 of 27 April 2016, hereinafter the GDPR.
The Client Data is collected and processed by LinkBees in order to :
- process and follow up orders;
- to inform the Client of the services offered by LinkBees in line with their needs;
- to find out what the Client thinks of LinkBees’ services.
In accordance with Article 6, paragraph 1, point a), the Client consents to LinkBees using his/her Data to contact him/her in order to inform him/her about its services and to obtain his/her opinion on the services provided.
LinkBees is responsible for processing Client Data. In this respect, it can be contacted by e-mail at the following address: hello@linkbees.agency or by post at the following address: 32, rue de Paradis – 75010 Paris, France.
The Client’s Data is processed by LinkBees, its staff members and its subcontractors in compliance with the above-mentioned purposes. In this respect, this Data may be subject to automated or partially automated processing. This Data may be transferred in whole or in part outside the European Union, as this transfer may in some cases be necessary for the performance of our services. The Client consents to the use of his contact details (in particular email) to contact him for the purposes of carrying out the order, commercial follow-up and to find out his opinion on the services provided.
LinkBees does not sell the Client’s Data, which is only used for the proper execution of the order
During the execution of the order and as long as LinkBees remains in possession of the Client Data, LinkBees undertakes to:
- implement all technical and organisational measures to guarantee a maximum level of security, taking into account the sensitivity of the Data, the risk incurred, and the state of technical knowledge;
- inform the Client of any incident or security breach that may affect the security and/or confidentiality of the Data immediately upon its occurrence;
- inform the Client, if applicable, of the further processing of his Data for a purpose other than that for which the Data was collected.
The Client benefits from the following rights under the RGPD and the law of 6 January 1978 relating to data processing, files and freedoms, subject to the conditions of exercise laid down by the texts:
- the right to access, rectify, update and delete Data when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited;
- the right to restrict processing;
- the right to object to the processing;
- the right to portability;
- the right to lodge a complaint with a supervisory authority;
- the right to withdraw consent;
- the right to define directives relating to the conservation, deletion and communication of its Data after its death.
If the Client wishes to exercise one or more of these rights, it must contact LinkBees by post at the following address: 32, rue de Paradis – 75010 Paris or by e-mail at the following address: hello@linkbees.agency. LinkBees undertakes to reply by e-mail or post if necessary within 15 days.
The Client’s Data will be kept by LinkBees for the time necessary to process it for the purposes described above. If necessary for administrative purposes, due to legal or regulatory requirements, or for archiving purposes, the Data will be kept beyond the period necessary to achieve the purposes described above. In any event, the maximum period of retention of the Data is 10 years, after which the Data will be deleted.
PRIVACY
LinkBees undertakes to respect the confidentiality of the Client’s Data and Data.
As part of its obligation of confidentiality, LinkBees undertakes, for the entire period necessary for the execution of the order and for 10 years thereafter, to:
- to treat the Data and Client Data as strictly confidential, and consequently to communicate them only to persons who must necessarily have access to them in order to carry out their duties, and who are themselves bound by a legal or contractual obligation of confidentiality;
- not to make any personal use of the Data and the Client Data under any circumstances;
- ensure the protection of the Data and the Client’s Data, with the same care as it uses for the protection of its own confidential information of the same nature, and in any case by putting in place an objectively sufficient level of protection.
This obligation of confidentiality does not apply to the Data and Data of the Client, and generally to information of any kind:
- belonging to the public domain at the time of their communication or having fallen into the public domain after their communication through no fault of one of the Parties; or
- lawfully received from a third party without an obligation of confidentiality; or
- the disclosure of which has been authorised by the Client or the disclosure of which is necessary for the performance of the order; or
- the disclosure of which has been imposed by virtue of a legal or regulatory provision or a court decision.
In addition, LinkBees is open to signing additional non-disclosure agreements, if requested by the Client.
APPLICABLE LAW
The above provisions are governed exclusively by French law, both for their interpretation and their execution.
In the event of a dispute between the Parties, the Parties agree to meet in order to find an amicable solution.
In the absence of an amicable agreement within thirty (30) days, the dispute shall be brought by the most diligent Party before the French courts, which shall have sole jurisdiction over the dispute.
These provisions form part of LinkBees’ general terms of service as of the date of their acceptance by the Client. They supersede any provision of the general terms of service to the contrary.
