Charter for the protection of personal data

Mobility Compliance Group

France Immigration – Expat Immigration – France Protection Sociale

 

 

FRANCE IMMIGRATION SARL (hereinafter “FRANCE IMMIGRATION”) is greatly committed to the protection and respect of the privacy and of the personal data (“Personal Data”) of the persons whose data is required to be collected as part of its activities (the “Person(s) concerned”) and the users of its websites including <Www.france-immigration.com>, <Www.expat-immigration.com>, <Www.france-protection-sociale.com>, <Http://welcome.mobility-compliance.com> (hereinafter the “Websites”).

FRANCE IMMIGRATION undertakes to implement the appropriate measures regarding the protection, confidentiality and security of personal data and to apply a Personal Data Processing Policy in accordance with the regulations in force in France and in the European Union, and in particular with General Data Protection Regulation EU 2016/679 and the rules of national law adopted for its application.

The aim of this Charter (hereinafter the “Charter”) is to inform the Persons Concerned on the practices and processing methods inherent to the collection and use of the Personal Data FRANCE IMMIGRATION is required to conduct as entity responsible for the processing, and of the means at its disposal to monitor this usage and exercise their rights relating to their Personal Data.

ARTICLE 1.   PERSONAL DATA COLLECTED

FRANCE IMMIGRATION is likely to collect and process the Personal Data provided during meetings, for the processing of an application, whether it be supplied orally, in paper or digital format, for example when visiting the premises of FRANCE IMMIGRATION, by telephone, by mail or when visiting the Websites.

1.1.         Principles applicable to the collection of Personal Data

FRANCE IMMIGRATION applies the principle of minimisation and of protection of Personal Data from the moment of design (“privacy by design”) and by default (“privacy by default”). Only relevant, appropriate and Personal Data limited to what is required for the purposes of processing – and in particular the following purposes – is collected:

  • processing of the “return home” and expatriation applications FRANCE IMMIGRATION is commissioned with by its clients;
  • exercise of a mandate given by the Person Concerned and exchanges within the scope of this mandate;
  • commercial prospecting;
  • response to enquiries and requests for information;
  • analysis of applications regarding offers of employment;
  • mailing of letters of information (“newsletters”) or of informative or commercial alert emails;
  • guarantee of access and navigation of users on the Websites;
  • participation in surveys or analyses with a view to improve the client relationship and customer experience implemented by FRANCE IMMIGRATION;
  • improvement of the Websites’ efficiency and functionality.

1.2.         Personal data collected on the Websites

By browsing the Websites, users accept this Charter for the Protection of Personal Data. Consequently, FRANCE IMMIGRATION invites its users to carefully read this document in order to know and understand its practices with regard the processing of Personal Data.

Users can browse the Websites without having to communicate Personal Data concerning them. Users are however led to provide personally identifiable information when necessary for the achievement of certain services such as (i) Filling out a contact form; (ii) Subscribing to newsletters; (iii) Applying to offers of employment.

In this case, the users’ personal information is: (I) Name(s), (ii) First name(s), (iii) e-mail address, (iv) Phone number, (vi) Position occupied and the name of the company, (vii) Profile picture, (viii) CV and cover letter, (ix) URL to social media.

This Personal Data is then stored for the time required to fulfil the users’ request. Failing achievement, it is either deleted in the time frame recommended by the CNIL (French data protection authority), or after three years from the date of their collection by the Websites.

When using the Websites or certain services related to Websites, some user data is collected on an automatic basis: (i) IP address, (ii) reference to the navigation software used, (iii) navigation data (date, time, content accessed, search terms used, etc.), (iv) reference of the operating system.

Among the technologies used to collect this information, FRANCE IMMIGRATION may have to use “php” sessions that store the data of each user using a unique session ID. These php sessions only store the data in the memory for the duration of the navigation.

The data collected when the users browse the Websites is deleted when the user’s browser closes, or, as the case may be, within a maximum of thirteen months from their collection.

ARTICLE 2.   BASIS FOR THE COLLECTION AND PROCESSING OF PERSONAL DATA

The Personal Data is processed by FRANCE IMMIGRATION in cases allowed by current regulations, and in particular under the following conditions:

  • The Person Concerned has provided free, specific, informed and unequivocal consent to the processing of his/her Personal Data (it is specified that for minors under the age of 18 years, consent must be given by the legal representative);
  • Processing is required to execute a contract or for pre-contractual measures taken at the request of the Person Concerned;
  • Processing is required in order to meet legal and/or regulatory obligations imposed to FRANCE IMMIGRATION (such as the fight against fraud);
  • Processing is justified by the protection of the legitimate interests of FRANCE IMMIGRATION (such as the protection of the security of its computer network).

 

ARTICLE 3.   DURATION OF RETENTION OF THE PERSONAL DATA

FRANCE IMMIGRATION retains the Personal Data that it is required to process in the conditions detailed in the present Charter for the time necessary for the fulfilment of the purposes to be achieved, subject to legal possibilities and obligations in terms of archiving, conservation obligations for certain data and/or anonymization.

Certain Personal Data collected through the Websites are retained for the duration specified in Article 1.

ARTICLE 4.   RECIPIENTS OF THE COLLECTED PERSONAL DATA

The duly authorised FRANCE IMMIGRATION staff may have access to the collected Personal Data and be required to process it, without prejudice to its possible transfer to the bodies in charge of a monitoring or an inspection task, in accordance with current legislations and/or regulations or for the purposes of responding to a judicial or administrative decision.

The authorised staff is subject to an obligation of discretion and confidentiality.

FRANCE IMMIGRATION undertakes not to market the collected Personal Data to third parties.

As part of its activities, FRANCE IMMIGRATION is likely to transfer the collected Personal Data to external service providers it uses as part of its mandate, in particular for translation, apostilles, legalisations, accompaniment in regions or filing of applications abroad.

Under these circumstances, FRANCE IMMIGRATION undertakes to call upon providers that present sufficient guarantees regarding the implementation of appropriate technical and organizational measures in order to ensure the processing meets current legal and regulatory requirements and guarantees the rights of the Persons Concerned are protected.

ARTICLE 5.   DATA TRANSFER

The Personal Data collected from the users of the Websites are kept in France. However, it can be transferred within or outside of the European Union as part of FRANCE IMMIGRATION’s activities.

When calling upon affiliates or service providers located outside of the European Union, FRANCE IMMIGRATION undertakes to check that appropriate measures have been implemented in order to ensure that the Personal Data of the Persons Concerned receives the appropriate level of protection (in particular the standard clauses of the European Commission, internal company regulations or the Privacy Shield implemented between the European Union and the United States of America).

ARTICLE 6.   DATA SECURITY

FRANCE IMMIGRATION collects and processes the users’ Personal Data with the utmost confidentiality and in compliance with applicable laws. The users are protected against any unauthorised access, modification, disclosure or destruction of their Personal Data.

When the disclosure of Personal Data to third parties is necessary and authorized, FRANCE IMMIGRATION ensures that these third parties guarantee the Personal Data the same level of protection as the one offered by FRANCE IMMIGRATION, and requires contractual guarantees so that, in particular, the Personal Data is processed exclusively for the purposes accepted by the Person Concerned, with the required privacy and security.

FRANCE IMMIGRATION implements technical and organizational measures in order to ensure that storage of the Personal Data is secure for the entire duration required to fulfil the purposes to be achieved in accordance with the applicable law.

The attention of the Persons Concerned is drawn to the fact that no transmission or storage technology is totally fool proof.

Also, and in accordance with applicable regulations, in the event of a proven breach of the Personal Data likely to lead to a serious risk for the rights and freedoms of the Persons Concerned, FRANCE IMMIGRATION will notify this breach to the competent control authority and the Persons Concerned when it is required by said regulations, and according to the procedures laid down by such regulations.

It is the responsibility of the Persons Concerned to exercise caution in order to prevent unauthorized access to their Personal Data and in particular to their computer and digital devices (computer, smartphone, tablet in particular).

ARTICLE 7.   USER RIGHTS

The Persons Concerned are reminded that they have the following rights, subject to the limitations provided for by current legislations and/or regulations:

7.1. Right of information on the processing of the Personal Data

FRANCE IMMIGRATION undertakes to deploy its best efforts to deliver concise, transparent and accessible information on the conditions of processing of the Persons Concerned’s Personal Data.

7.2. Right of Access to the Personal Data

Each Person Concerned has the right to obtain confirmation that the Personal Data concerning him/her is processed by France IMMIGRATION and to receive a copy of said data in an electronic format (for any additional copy, FRANCE IMMIGRATION shall be entitled to require the payment of fees based on the incurred administrative costs).

7.3. Right to erase (“Right to be forgotten”) and rectify the Personal Data

Each Person Concerned has the right to request the deletion of the Personal Data concerning him/her, and the right to request the rectification of the Personal Data concerning him/her when such data is incorrect or obsolete.

FRANCE IMMIGRATION undertakes to ensure this right is respected without undue delay and by default within a period of 30 days from the date of the request, which will have been made in sufficiently clear and unequivocal terms.

It is clearly stated that FRANCE IMMIGRATION may retain certain Personal Data when imposed by the law or in case of a legitimate reason.

7.4. Right to oppose

The Persons Concerned may oppose, any time and for reasons pertaining to their specific situation or for legitimate reasons, the processing of the Personal Data concerning them for the purposes of direct marketing or the reuse of the Personal Data concerning them for different processing purposes, except in the case of execution by FRANCE IMMIGRATION of one of its legal obligations.

7.5. Right to limit the processing of the Personal Data

The Persons Concerned have the right to request the processing of the Personal Data concerning them be limited. This right is applicable only:

  • if the Person Concerned disputes the accuracy of his/her Personal Data;
  • if the Person Concerned can establish that the processing of the Personal Data concerning him/her is unlawful and requests its use be limited rather than it be erased;
  • if FRANCE IMMIGRATION no longer needs the Personal Data relating to the Person Concerned but that Person Concerned still requires it for the establishment, exercise or defence of his/her rights in court;
  • if the Person Concerned is opposed to a processing that would be based on the legitimate interest of the entity in charge of the processing, in the course of the verification conducted in order to assess whether the legitimate aims pursued by the entity in charge of the processing prevail over those of the Person Concerned.

7.6. Right to bring a complaint before a supervisory authority

If they feel that the efforts implemented by FRANCE IMMIGRATION to preserve the confidentiality of the Personal Data do not guarantee their rights are respected, the Persons Concerned can bring a complaint before to the competent supervisory authority (CNIL or any other authority stated on the list available from the European Commission).

7.7. Personal Data portability right

The Persons Concerned detain a right to data portability, allowing them to obtain from FRANCE IMMIGRATION the Personal Data concerning them in a structured format, commonly used and readable by the machine, and to ask that this Personal Data be transferred to another entity in charge of its processing.

7.8. Right to decide the fate of the Personal Data after death

The Persons Concerned have the right to organize the fate of the Personal Data concerning them after their death by the adoption of general or specific guidelines that FRANCE IMMIGRATION undertakes to respect.

In the absence of such guidelines, FRANCE IMMIGRATION acknowledges the fact the heirs may exercise certain rights, in particular the right of access, if it is required to settle the estate of the deceased, and the right to oppose.

7.9. Conditions for the exercise of the rights

To exercise their rights, the Persons Concerned are kindly invited to contact FRANCE IMMIGRATION’s Data Protection Officer, according to the procedures laid down in Article 11.

It is clearly stated that to assist them in the exercise of their rights, the CNIL has made available letter templates on its website (<www.cnil.fr>).

Before dealing with the request(s) of the Persons Concerned, FRANCE IMMIGRATION will check the identity of the Persons Concerned by requesting a proof of identity.

The Data Protection Officer will respond to the request in a timely manner and in any case within a period of one (1) month from the justification of identity.

If necessary, this period may be extended for two (2) months given the complexity and the number of requests made to FRANCE IMMIGRATION, FRANCE IMMIGRATION who then undertakes to inform the Person Concerned of the delay and the reasons for such delay.

ARTICLE 8.   CHANGES TO THE CHARTER FOR THE PROTECTION OF PERSONAL DATA

FRANCE IMMIGRATION reserves the right to make, at any time, changes to this Charter for the Protection of Personal Data in order to comply with legislative and regulatory developments and/or to improve its Personal Data Processing and Protection Policy.

Should there be changes, a new version shall be updated and made available on-line with the date of the “Last update”.

ARTICLE 9.   APPLICABLE LAW AND COMPETENT JURISDICTION

This Charter shall be governed by French law, including the provisions applicable to the rules of private international law.

IN THE ABSENCE OF AN AMICABLE AGREEMENT, COMPETENCE SHALL BE GIVEN TO THE COURTS OF THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS AND/OR INTRODUCTION OF THIRD PARTIES, TO HEAR ANY DISPUTE RELATING TO THE VALIDITY, THE EXECUTION AND THE INTERPRETATION OF THE PRESENT CHARTER.

ARTICLE 10. CONTACT

For any question relating to this Charter for the purposes of rectifying, supplementing or updating, the Persons Concerned are invited to contact FRANCE IMMIGRATION:

  • by sending an email at the following address: <Rgpd@mobility-compliance.com>;
  • or by writing to the following address: France immigration – At the attention of the Data Protection Officer – 58 rue Roger Salengro – 94120 Fontenay-sous-Bois.

 

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