1. The website klein•wenner
The website accessible via the url www.kleinwenner.eu (hereinafter the “Website”) is jointly published by the following companies:
- KGA Avocats, société d’exercice libérale par actions simplifiée with a share capital of 291 177.62 euros, registered in the Paris Trade and Companies Register under No. 391 857 059, with intra-Community VAT number FR59391857059 and registered office at 44, avenue des Champs Elysées, 75008 Paris (hereinafter “KGA”)
- WENNER, société d’exercice libérale par actions simplifiée with a share capital of 1283.44 euros, registered in the Paris Trade and Companies Register under No. 350 836 912, with intra-Community VAT No. FR26350836912 and registered office at 44, avenue des Champs Elysées, 75008 Paris (hereinafter “WENNER”).
Phone number: +33 (0) 1 44 95 20 00
Fax: +33 (0) 1 49 53 03 97
E-mail : firstname.lastname@example.org
The lawyers of KGA and WENNER are members of the Paris Bar. The professional rules applicable to them are, on the one hand, the internal rules of the Paris Bar (Règlement intérieur du barreau de Paris) and, on the other hand, the national internal rules of the legal profession (Règlement intérieur national de la profession d’avocat).
The Website is hosted by the company OVH SAS with a share capital of 500000 euros, registered in the Commercial and Companies Register of Roubaix-Tourcoing under No. 424 761 419 00011, code APE 721Z, VAT No. FR 22-424-761-419-00011, registered office 140 Quai du Sartel, 59100 Roubaix, France, telephone number +33 (0) 8 203 203 63.
2. Personal data
All processing of personal data is carried out in accordance with the regulations applicable to the protection of personal data, in particular the provisions of the French Data Protection Act “informatique et libertés” of 6 January 1978, as amended, and the General Data Protection Regulation (EU Regulation 2016/679) or “GDPR”.
Personal data collected by KGA and/or WENNER via the website or otherwise will be processed under the joint responsibility of KGA and WENNER, whose contact details are provided above.
Within the scope of their joint responsibility for the personal data of the data subjects, KGA is responsible in particular for informing the data subjects and responding to their requests to exercise their rights. On the other hand, both KGA and WENNER are responsible for the communication and requests for information of the data subjects, the retention periods and the security of the personal data.
KGA and WENNER may collect personal data from (i) their clients in the context of the assignments entrusted to them, (ii) potential clients following their registration to newsletters, events or requests for information, (iii) job applicants, (iv) external contacts (service providers, public bodies, lawyers) in the context of the performance of their activities and (v) users browsing the Website.
Personal data are processed by KGA and WENNER to enable, depending on the categories of persons concerned: (i) the processing of orders entrusted to them by their clients (contracts, invoices, accounting), (ii) the communication (newsletters, information letters, events…) with their clients and interested parties, (iii) the examination and processing of applications from candidates, (iv) the management of contractual relationships with service providers, (iv) the communication with public bodies and legal professionals, and (v) the provision of the services of the website and, where applicable, the analysis of browsing on the website.
The legal bases for data processing are in each case: (i) the performance of the contract, (ii) prior consent (e.g. certain cookies) or the pursuit of a legitimate interest of KGA or WENNER (e.g. maintenance of the business relationship and recruitment), or (iii) the performance of pre-contractual measures that take place at the request of the data subject (e.g. contact form). In addition, KGA and WENNER may need to process personal data in order to comply with their legal obligations (e.g. accounting or tax obligations).
The personal data processed by KGA and WENNER are actively kept for the following periods:
- To process orders from clients for the duration of the contractual relationship
- With respect to relationships with external contacts, (i) for the duration of the business relationship with the service providers and (ii) otherwise (especially when dealing with public bodies and lawyers) for the duration of the mandate of the client for which they were collected or for the duration necessary to achieve the purpose.
- In relation to communications, 3 years from the end of the contractual relationship for recruited clients and 3 years from their first contact or the last contact originated by the recruited, if they are not clients.
- In relation to the review and processing of applications, for a maximum period of 2 years from the last contact of the applicant.
- In relation to cookies that may be stored on the user’s terminal device, for a maximum period of 6 months.
After these retention periods have expired, personal data may be archived in an intermediate file for administrative reasons (e.g., legal, accounting, or tax purposes). For example, personal data may be archived for a period of 5 years for litigation purposes (statute of limitations), starting from the end of the retention period in the active database, or for a period of 10 years for accounting purposes.
Afterwards, the data will be deleted or anonymized in accordance with the applicable regulations.
The personal data collected may be disclosed to KGA’s and/or WENNER’s attorneys, lawyers and administrative staff as well as their IT service providers.
KGA and WENNER do not transmit personal data outside the European Union.
In accordance with the law, in addition to the right to lodge a complaint with the competent authority, every data subject has the right to information, rectification and, where applicable, the right to transfer and erasure. He or she also has the right to object to processing for a legitimate reason or to request its restriction. In addition, each data subject has the right to determine how to deal with his or her personal data after his or her death. If the legal basis for the processing of personal data is consent, the data subject may withdraw this consent at any time.
With the exception of the right to lodge a complaint with the French data protection authority CNIL, the data subject may exercise the aforementioned rights at any time by sending a request to the following postal address: KGA AVOCATS 44 Champs – Elysées – 75008 Paris – France or by e-mail to email@example.com. If, in the context of exercising its rights, KGA has reasonable doubts as to the identity of the data subject, KGA may ask the data subject to provide proof of identity.
If a data subject objects to KGA and/or WENNER to the processing of personal data, this may result in KGA and/or WENNER not being able to process the request. In this case, KGA and/or WENNER cannot be held responsible.
3. Intellectual property
The general structure of the Website, including the software, as well as all content published on this Website (images, articles, photographs, logos, trademarks, videos, interviews, sounds, texts, etc.) are protected by the intellectual property legislation in force in France, in particular by copyright, related rights, trademark law, right to one’s own image, as well as by the international legislation in force.
All reproduction rights are reserved, including for photos, texts, downloadable documents and iconographic representations.
For this reason, without the express authorization of KGA and WENNER, it is strictly forbidden to reproduce, copy, display, distribute, publish, temporarily or permanently, in any medium or by any means whatsoever, the content of the website, in whole or in part, for purposes other than personal use, as well as to modify, translate, arrange or adapt it, in whole or in part, and to create derivative works. It is also prohibited to decompile, disassemble or reverse engineer the Website.
Analyses and brief quotations of parts of the Website are permitted under Article L.122-5 3° of the French Intellectual Property Code, provided that they are justified by the critical, polemical, educational, scientific or informative nature of the work in which they are inserted and that the following notice is clearly indicated: “KLEIN.WENNER – Document from the kleinwenner.eu website – All rights reserved”.
The purpose of the website is to present the activities of KGA and WENNER.
None of the information on the website may be construed as pre-contractual information about the services of KGA and/or WENNER, nor does it constitute any contractual guarantee whatsoever on the part of KGA and/or WENNER in the context of its activities.
KGA and WENNER undertake to do their utmost to ensure that the website is accessible 7 days a week, 24 hours a day, subject to interruptions required for technical maintenance, servicing and updating work that KGA and WENNER deem necessary. Access to the website may also be restricted or interrupted due to malfunctions or interruptions of the computer and telecommunication systems.
KGA and/or WENNER cannot, due to the way in which data circulates on this network, provide the user with any guarantee of confidentiality of e-mail correspondence or other communication via the Internet that may be intercepted by third parties.
Furthermore, it is the responsibility of each user to take all appropriate measures to protect their own data and/or software from contamination by viruses circulating on the Internet.
KGA and/or WENNER shall therefore not be liable for any direct or indirect damage that may be caused to the user as a result of (i) the direct or indirect consequences resulting from errors in the entry of contact details or other incomplete or incorrect information submitted by the user via this website, (ii) any unavailability, slowdown and/or difficulty in accessing the website, caused by any failure or inadequacy of the User’s Internet connection, or (iii) any security or other failures, including but not limited to the presence of malware and/or any incompatibility of the hardware, software and operating systems used by the User to access the Website.
The establishment of hyperlinks (simple or deep) on the website requires the prior consent of KGA and WENNER, who are (jointly) responsible for the content.
KGA and/or WENNER are not responsible for hyperlinks to other sites, as they have no influence on the content of these sites.