Owner and Publication Director

Ollivry Avocats, 5 rue de Monceau, 75008 Paris, France.

Definitions

Client: any professional or legally capable individual within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Site subject to these general terms and conditions. Services and Offerings: www.ollivry.com makes available to Clients: Content: All elements constituting the information present on the Site, including texts, images and videos. Client Information: Hereinafter referred to as “Information(s)”, corresponding to all personal data that may be held by www.ollivry.com for the purposes of account management, client relationship management, and analysis and statistics. User: Any internet user connecting to or using the aforementioned site. Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (Article 4 of Law No. 78-17 of 6 January 1978). The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Overview of the website.

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website www.ollivry.com are hereby informed of the identity of the various parties involved in its creation and operation: Website design: MT Studio, Rue de Belle-île, 56530 Quéven, France This site is powered by WordPress. Owner: Ollivry Avocats, 5 rue de Monceau, Paris 75008 Publication director: Matthieu Ollivry, member of the Paris Bar. The publication director is a natural or legal person. Photography and image rights: ©OLLIVRY Avocats. Image library: ©Unsplash ©Adobestock Webmaster: Maryline Timmel Hosting provider: Pixalia – Centre d’affaire Neopole, 6 Rue de la Mare Blanche, 77186 Noisiel

2. General terms of use of the site and services offered.

The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site. Use of the website www.ollivry.com implies full and unreserved acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of www.ollivry.com are therefore invited to consult them on a regular basis. This website is normally accessible to users at all times. An interruption for technical maintenance purposes may however be decided by www.ollivry.com, which will endeavour to notify users in advance of the dates and times of such work. The website www.ollivry.com is updated regularly by the responsible party at www.ollivry.com. Similarly, the legal notice may be modified at any time; it is nonetheless binding on the user, who is invited to refer to it as frequently as possible.

3. Description of services provided.

The website www.ollivry.com is intended to provide information about all of the firm’s activities. www.ollivry.com endeavours to provide information on https://www.ollivry.com that is as accurate as possible. However, it cannot be held liable for any omissions, inaccuracies or shortcomings in updates, whether caused by itself or by third-party partners who supply such information. All information provided on the website www.ollivry.com is given for indicative purposes only and is subject to change. Furthermore, the information appearing on www.ollivry.com is not exhaustive and is provided subject to modifications made since it was published online.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held liable for any material damage resulting from its use. Furthermore, the user of the site agrees to access the site using up-to-date equipment free from viruses and with a latest-generation updated browser. The website www.ollivry.com is hosted by a provider located within the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679). The aim is to deliver a service ensuring the highest possible level of accessibility. The hosting provider guarantees continuity of service 24 hours a day, every day of the year. It nonetheless reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, infrastructure improvements, infrastructure failures, or where the Services generate abnormal traffic volumes. www.ollivry.com and the hosting provider cannot be held liable in the event of any malfunction of the internet network, telephone lines or computer and telephony equipment, including those caused by network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

www.ollivry.com holds intellectual property rights and usage rights over all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited without the prior written authorisation of www.ollivry.com. Any unauthorised use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitation of liability.

www.ollivry.com acts as publisher of the site. www.ollivry.com is responsible for the quality and accuracy of the Content it publishes. www.ollivry.com cannot be held liable for any direct or indirect damage caused to the user’s equipment when accessing the website www.ollivry.com, resulting either from the use of equipment that does not meet the specifications set out in point 4, or from the occurrence of a bug or incompatibility. www.ollivry.com shall also not be held liable for any indirect damages (such as loss of market or loss of opportunity) arising from the use of the website www.ollivry.com. Interactive spaces (the ability to submit enquiries via the contact form) are available to users. www.ollivry.com reserves the right to remove, without prior notice, any content posted in this space that contravenes applicable law in France, in particular provisions relating to data protection. Where applicable, www.ollivry.com also reserves the right to pursue the civil and/or criminal liability of the user, particularly in the case of racist, offensive, defamatory or pornographic messages, regardless of the medium used (text, photograph, etc.).

7. Personal data management.

The Client is informed of the regulations governing marketing communications, the Law of 21 June 2014 on confidence in the digital economy, the Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Personal data controllers

With regard to personal data collected in the course of the User’s browsing on the Site, the data controller is: www.ollivry.com, represented by Patrick Matthieu Ollivry. As data controller for the data it collects, www.ollivry.com undertakes to comply with the applicable legal framework. It is the Client’s responsibility in particular to establish the purposes of its data processing activities, to provide its prospects and clients — on the basis of their consent — with complete information on the processing of their personal data, and to maintain a processing register that accurately reflects reality. Whenever www.ollivry.com processes personal data, www.ollivry.com takes all reasonable steps to ensure the accuracy and relevance of such personal data in relation to the purposes for which it is processed.

7.2 Purposes of data collected

www.ollivry.com may process all or part of the data:

• to enable browsing on the Site
• to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
• to improve browsing on the Site: connection and usage data
• to conduct optional satisfaction surveys on www.ollivry.com: email address
• to conduct communication campaigns (SMS, email): telephone number, email address. www.ollivry.com does not sell your personal data, which is used solely out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification and objection

In accordance with applicable European regulations, users of www.ollivry.com have the following rights:

• Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of Users’ data; right to have Users’ personal data locked or erased (Article 17 GDPR) where it is inaccurate, incomplete, ambiguous, outdated, or where its collection, use, communication or retention is prohibited
• Right to withdraw consent at any time (Article 13-2c GDPR)
• Right to restriction of processing of Users’ data (Article 18 GDPR)
• Right to object to the processing of Users’ data (Article 21 GDPR)
• Right to data portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
• Right to determine how Users’ data is handled after their death and to choose whether www.ollivry.com should communicate their data to a previously designated third party

Upon becoming aware of a User’s death and in the absence of instructions from that User, www.ollivry.com undertakes to destroy their data, unless its retention is necessary for evidentiary purposes or to comply with a legal obligation. If a User wishes to know how www.ollivry.com uses their personal data, to request rectification, or to object to its processing, they may contact www.ollivry.com in writing at the following address: Ollivry Avocats – 5 rue de Monceau, Paris 75008 In such cases, the User must specify the personal data they wish www.ollivry.com to correct, update or delete, and provide proof of identity (national identity card or passport). Requests for deletion of personal data will be subject to the obligations imposed on www.ollivry.com by law, particularly with regard to the retention or archiving of documents. Finally, users of www.ollivry.com may lodge a complaint with the relevant supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

www.ollivry.com undertakes not to process, host or transfer Client data to a country outside the European Union or deemed “inadequate” by the European Commission without first informing the client. Nevertheless, www.ollivry.com retains the right to choose its technical and commercial service providers, provided they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679). www.ollivry.com undertakes to take all necessary precautions to preserve the security of Information and in particular to ensure that it is not disclosed to unauthorised persons. However, should an incident affecting the integrity or confidentiality of Client Information come to the attention of www.ollivry.com, it shall notify the Client as soon as possible and communicate the corrective measures taken. Furthermore, www.ollivry.com does not collect any “sensitive data”. Users’ personal data may be processed by subsidiaries of www.ollivry.com and by processors (service providers), exclusively for the purposes set out in this policy. Within the limits of their respective responsibilities and for the purposes referred to above, the main parties likely to have access to the data of users of www.ollivry.com are primarily members of our client services team.

8. Incident notification.

Despite our best efforts, no method of transmission over the internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify the affected users so that they may take appropriate measures. Our incident notification procedures take into account our legal obligations at both national and European level. We undertake to keep our clients fully informed of all matters relating to the security of their account and to provide them with all the information necessary to help them meet their own regulatory reporting obligations. No personal information of users of www.ollivry.com is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only in the event of the acquisition of www.ollivry.com and its rights would such information be transferred to the prospective acquirer, who would in turn be bound by the same obligation of data retention and modification with respect to users of the website www.ollivry.com.

8.1 Security

To ensure the security and confidentiality of personal data and health-related personal data, www.ollivry.com uses networks protected by standard security measures such as firewalls, pseudonymisation, encryption and passwords. When processing personal data, www.ollivry.com takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, cookies and internet tags.

The website www.ollivry.com contains a number of hyperlinks to other sites, set up with the authorisation of www.ollivry.com. However, www.ollivry.com is not in a position to verify the content of the sites visited in this way and therefore accepts no liability in this regard. Unless you choose to disable cookies, you agree that the site may use them. You may disable cookies at any time and free of charge using the options described below, it being noted that doing so may reduce or prevent access to some or all of the services offered by the site.

9.1. Cookies

A “cookie” is a small information file sent to the User’s browser and stored on the User’s device (e.g. computer, smartphone) (hereinafter “Cookies”). This file contains information such as the User’s domain name, internet service provider, operating system, and the date and time of access. Cookies cannot under any circumstances damage the User’s device. www.ollivry.com may process information relating to the User’s visit to the Site, such as pages viewed and searches conducted. This information enables www.ollivry.com to improve the Site’s content and the User’s browsing experience. As cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure their browser to decide whether or not to accept them, so that cookies are either stored on their device or systematically rejected, whether across the board or on a per-sender basis. The User may also configure their browser so that they are prompted to accept or refuse cookies on a case-by-case basis, before a cookie is stored on their device. www.ollivry.com informs the User that in this case, some features of their browser may not be fully available. If the User refuses the storage of cookies on their device or browser, or deletes cookies already stored, the User is informed that their browsing and experience on the Site may be limited. This may also be the case where www.ollivry.com or one of its service providers is unable to recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the internet. Where applicable, www.ollivry.com disclaims all liability for the consequences related to the degraded functioning of the Site and any services offered by www.ollivry.com, resulting (i) from the User’s refusal of cookies or (ii) from the inability of https://www.ollivry.com to store or access the cookies necessary for their operation due to the User’s choice. Cookie management and User preferences vary depending on the browser. This is described in the browser’s help menu, which will explain how the User can modify their cookie preferences. At any time, the User may choose to express and modify their cookie preferences. www.ollivry.com may also use the services of external providers to help collect and process the information described in this section. Finally, by clicking on the social media icons for Twitter, Facebook, LinkedIn and Google Plus featured on the www.ollivry.com website or mobile application, and if the User has consented to the use of cookies by continuing to browse the www.ollivry.com website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone). These types of cookies are only placed on your devices subject to your consent, given by continuing to browse the www.ollivry.com website or mobile application. The User may however withdraw their consent to the placement of such cookies by www.ollivry.com at any time.

9.2. Internet tags

www.ollivry.com may occasionally use internet tags (also known as “tags”, action tags, one-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) deployed through a specialist web analytics partner which may be located (and therefore store the relevant information, including the User’s IP address) in a foreign country. These tags are placed both in online advertisements enabling internet users to access the Site, and on the various pages of the Site itself. This technology enables www.ollivry.com to assess visitor responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User’s use of the Site. The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for www.ollivry.com, and provide other services relating to the use of the Site and the internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the website www.ollivry.com is subject to French law. Except where prohibited by law, exclusive jurisdiction is attributed to the competent courts of Paris.