Personal Data Protection Policy

The attorneys at Darkanian & Pfirsch (hereinafter collectively referred to as “Darkanian & Pfirsch”) take privacy and the protection of Personal Data very seriously.

That is why we are committed, as Data Controller, to implementing appropriate measures to ensure the protection, confidentiality, and security of your Personal Data and to processing and using such Data in accordance with the applicable provisions, in particular European Regulation 2016/679 of April 27, 2016 (hereinafter the “General Data Protection Regulation”) and Law No. 78-17 of January 6, 1978, known as the Data Protection Act, and any law or regulation that may supplement or replace it (hereinafter collectively referred to as the “Applicable Regulations”).

The purpose of this Personal Data Protection Policy (hereinafter the “Policy”) is to inform you about how we process your Personal Data and the commitments made by Darkanian & Pfirsch to ensure that such Data is respected.

For the purposes hereof, the terms “Personal Data” or “Data,” “Processing,” “Data Controller,” and “Data Processor” have the definitions given to them in Article 4 of the General Data Protection Regulation.

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1. WHAT PERSONAL DATA DO WE PROCESS?

We ensure that we collect and process Personal Data that is relevant, adequate, not excessive, and strictly necessary for the purposes that have been previously determined.

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1.1. BUSINESS CONTACTS (CUSTOMERS, PROSPECTS, OTHER EXTERNAL CONTACTS)

In the context of the performance of the fee agreements we enter into with our clients (hereinafter the “Clients”) and, more generally, in the context of the performance of the assignments we carry out on their behalf, we collect and process Personal Data concerning said Clients, but also their employees, representatives, service providers, and/or managers.

We are also required to collect and process Personal Data relating to prospects (hereinafter referred to as “Prospects”) provided by them during various events, meetings, or exchanges.

Finally, we may collect various external contact details in the course of our daily work and activities (colleagues, opposing parties in a case, magistrates, members of the authorities, students, etc.) (hereinafter referred to as “External Contacts”).

In these circumstances, we may have access to Personal Data relating to identity and contact details. However, we may also have access to other Personal Data that you provide to us directly in the course of our work, if necessary.

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1.2. VISITORS TO THE DARKANIAN & PFIRSCH WEBSITE: COOKIE POLICY

Users are informed that when they visit the Website, one or more cookies may be automatically installed on their browser. A cookie is a block of data used to record information relating to the user's browsing on the website. The browser settings can be configured to notify the user of the presence of one or more cookies and, if desired, to refuse them. Users can, if they wish, enable or disable the use of cookies by selecting the appropriate settings in their browser software. Generally, this setting can be found in the “Tools” or “Settings” tabs. It is not possible to provide detailed and up-to-date information on these settings, which are under the sole control and authority of the browser software publishers. Users are informed that such deactivation may prevent the use of certain features of the Site. Users have the right to access, withdraw, and modify personal data communicated via cookies under the conditions indicated below.

The Site is published through the service provider wix.com and the cookies placed on the site are essential for the proper functioning of the Site (https://support.wix.com/fr/article/les-cookies-et-votre-site-wix).

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2. WHY DO WE PROCESS YOUR PERSONAL DATA AND ON WHAT LEGAL BASIS IS THE PROCESSING CARRIED OUT?

Darkanian & Pfirsch undertakes to collect and process your Personal Data in a fair and lawful manner. The Processing carried out by Darkanian & Pfirsch is for explicit, legitimate, and specific purposes.

Your Personal Data may be processed for the following purposes:

If you are a Client: Clients' Personal Data is processed for the purposes of managing said Clients and the contractual relationship we have with them, including for the purposes of (i) contact and communication, (ii) performing the tasks entrusted to us, in particular the provision of legal services, (iii) managing the contract and invoices, (iv) managing the accounts, and (v) monitoring the contractual relationship. Similarly, and subject to their consent, Clients may receive newsletters, informational content on various professional and legal topics, press releases, invitations to training courses or events organized by Darkanian & Pfirsch, all in an exclusively professional context.

• In this context, we process your Personal Data for the purposes of performing the contract and complying with our legal obligations (accounting and tax), with the exception of Processing carried out for the purposes of analysis and commercial prospecting, which is based on the legitimate economic interest of Darkanian & Pfirsch in promoting its services and developing its relationships, which benefits both Clients (who thus have access to additional services free of charge) and Darkanian & Pfirsch, without infringing on the fundamental interests, rights, and freedoms of said Clients.

If you are a Prospect: Prospects' Personal Data is processed for the purposes of contacting and communicating with said Prospects. Similarly, and subject to their consent, Prospects may receive newsletters, informational content on various professional and legal topics, press releases, invitations to training courses or events organized by Darkanian & Pfirsch, all in an exclusively professional context.

• The processing carried out in this context is based on the legitimate economic interest of Darkanian & Pfirsch in promoting its services and developing its relationships, which benefits both Prospects (who thus have access to services free of charge) and Darkanian & Pfirsch without infringing on the interests, rights, and fundamental freedoms of said Prospects.

If you are an External Contact: The Personal Data of external Contacts is processed for the purposes of managing our activities (e.g., processing student data to provide them with training, processing data from colleagues and/or the opposing party to manage a Client's file, processing data from members of the judicial and administrative authorities to manage ongoing proceedings and/or ask them legal questions, etc.) and communicating with these individuals. In certain cases, subject to their consent, external contacts may receive newsletters, informational content on various professional and legal topics, press releases, invitations to training courses or events organized by Darkanian & Pfirsch, all in an exclusively professional context.

• The processing carried out in this context is based on Darkanian & Pfirsch's legitimate interest in carrying out the tasks entrusted to it by its Clients, providing quality services, and developing its relationships, without infringing on the interests, rights, and fundamental freedoms of External Contacts.

If you are a candidate: Candidates' Personal Data is processed for the purposes of managing and selecting submitted applications.

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3. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

Darkanian & Pfirsch keeps your Personal Data for as long as necessary to fulfill the purposes for which it was collected and processed. However, Darkanian & Pfirsch may retain your Personal Data for a longer period in order to comply with legal obligations, in particular applicable limitation periods.

Darkanian & Pfirsch therefore retains your Personal Data for the following periods:

Customer Data is retained for the duration of the contractual relationship and for the applicable limitation period (5 years in general). Please note, however, that in certain cases we may retain Customer Data for a longer period if this is necessary for the follow-up of legal services provided, in particular in the context of litigation, until all avenues of appeal have been exhausted. Data required for accounting purposes is retained for a total of 10 years in order to comply with applicable accounting and tax obligations.

Prospect Data is retained for a period of 3 years following the last contact with the Prospect.

External Contact Data is retained, (i) if collected as part of a Client file, for the same periods as the Client Data set out above and, (ii) if collected in another context, for the period necessary to achieve the intended purpose.

Data collected for commercial prospecting and analysis purposes is kept for 3 years following the last contact with the person concerned.

Data relating to your browsing on the Site is kept for a period of thirteen months from the date of collection.

When your Data is collected in connection with requests/questions relating to the Website and the services of Darkanian & Pfirsch, it is retained for the period necessary to process such requests.

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4. TO WHOM IS YOUR PERSONAL DATA DISCLOSED?

The Personal Data collected and processed by Darkanian & Pfirsch is accessible to the relevant internal departments, i.e., lawyers and, where applicable, administrative staff such as interns or assistants, who process Client requests.

This Data may be communicated to third parties, acting as Sub-Processors, bound by a sub-processing contract, to perform hosting, contact management (CRM), billing management, accounting, communication, database management, website management, and IT maintenance services. These Subcontractors act only on the instructions of Darkanian & Pfirsch and have access to your Personal Data only to perform their services. They are bound by the same security and confidentiality obligations as Darkanian & Pfirsch.

In addition, your Personal Data may be shared with third parties for the following reasons:

• In response to legal or administrative proceedings of any kind or to law enforcement measures requested by the competent authorities;

• To comply with legal obligations, to protect the rights and/or safety of an individual, to protect the rights and property of Darkanian & Pfirsch, and to prevent fraud, security, or technical issues.

 

5. IS YOUR PERSONAL DATA TRANSFERRED OUTSIDE THE EUROPEAN UNION?

Darkanian & Pfirsch uses Microsoft 365 services and your Personal Data is hosted and stored in this environment, in accordance with Microsoft's privacy policy applicable to data collected within the European Union, which can be accessed here: https://www.microsoft.com/licensing/docs/view/Microsoft-Products-and-Services-Data-Protection-Addendum-DPA (English - Europe).

Darkanian & Pfirsch lawyers may access/view your Personal Data when traveling outside the European Union in order to carry out the tasks you entrust to us.

 

6. WHAT ARE YOUR RIGHTS?

In accordance with the Applicable Regulations, you have the following rights regarding your Personal Data:

The right of access: You have the right to obtain (i) confirmation that Personal Data concerning you is or is not being processed and, where it is, to obtain (ii) access to and a copy of that Data.

Right to rectification: You have the right to obtain the rectification of Personal Data concerning you that is inaccurate. You also have the right to have incomplete Personal Data completed, including by providing a supplementary statement.

Right to erasure: In certain cases, you have the right to obtain the erasure of your Personal Data. However, this right is not an absolute right and Darkanian & Pfirsch may have legal or legitimate reasons to retain such Data.

Right to restriction of processing: In certain cases, you have the right to obtain the restriction of the processing of your Personal Data.

Right to portability: You have the right to receive the Personal Data concerning you that you have provided to Darkanian & Pfirsch, in a structured, commonly used and machine-readable format, and you have the right to transmit this Data to another Data Controller without Darkanian & Pfirsch preventing this. This right only applies when the processing of your Personal Data is based on your consent or on the performance of a contract and when such processing is carried out using automated processes.

Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the Processing of Personal Data concerning you when said Processing is based on the legitimate interest of Darkanian & Pfirsch. However, Darkanian & Pfirsch may invoke legitimate and compelling reasons requiring the continuation of the Processing. When your Personal Data is processed for marketing purposes, you have the right to object to the Processing of such Data at any time. You can object to receiving newsletters, communications, and invitations to training courses and events organized by Darkanian & Pfirsch by sending an email to one of the addresses listed below. In addition, our commercial prospecting messages contain an “unsubscribe” option in case you no longer wish to receive such messages from us.

The right to give instructions regarding the use of data after death: You have the right to give Darkanian & Pfirsch instructions regarding the use of your Personal Data after your death.

To exercise these rights, you can send a request:

• by email to: info@darkanian-pfirsch.com

• or by mail to: GDPR Manager, Darkanian & Pfirsch, 85 boulevard Malesherbes – 75008 Paris.

In the event of any difficulties relating to the management of Personal Data, you may lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 Paris) or any other competent authority. However, we invite you to contact us first before lodging a complaint with the CNIL.

Customers undertake to pass on this information to their employees, representatives, service providers, and/or managers whose Personal Data may be processed by Darkanian & Pfirsch in the course of its work.

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