Article 1 – Definitions
For the purposes of this privacy policy (hereinafter the “Privacy Policy”), the terms used below have the following definition when used with a first capital letter, whether conjugated, agreed or not, used in the singular or plural:
“Personal Data”: any data enabling a natural person to be identified directly or indirectly;
“Memorist”, a trademark of Arkhnênum: a simplified joint stock company under French law, with capital of 26,240.00 euros, having its registered office at 7 rue Joseph Bonnet 33100 Bordeaux, registered with the Bordeaux Trade and Companies Register under SIREN number 422 085 480 RCS Bordeaux;
“Site”: the website operated by Memorist, accessible at https://www.thememorist.com/;
“User”: any person who accesses the Site and/or uses its functions;
“Contract”: a contract for the provision of services concluded with Memorist, the purpose of which is to provide services for the preservation and enhancement of heritage and industrial documents;
“Customer”: any person who has concluded a Contract with Memorist;
“Prospect”: any person potentially interested in the services offered by Memorist, but who is not a Memorist Customer.
Article 2 – Application of the Privacy Policy
Memorist attaches great importance to the protection of the privacy and Personal Data of its Users, Prospects and Clients. Memorist ensures that it adopts and complies with a rigorous Privacy Policy that complies with current regulations. The purpose of the Privacy Policy is to inform Users, Prospects and Customers of Memorist’s practices with regard to the collection and processing of their Personal Data. When accessing the Site, Users, Prospects and Customers can consult the Privacy Policy and are invited to read it regularly. Memorist reserves the right to modify its Privacy Policy at any time, with any new version replacing the previous one as soon as it is published on the Site. If the User, Prospect or Customer is a minor or incapable, he declares that he has received the consent of his parents or legal representatives prior to the collection and processing of his Personal Data by Memorist. When the User, Prospect or Customer is a minor under the age of fifteen (15), the processing of their Personal Data with the legal basis of their consent is subject to the consent of the minor concerned and of the person(s) with parental authority over this minor. Memorist undertakes to comply with the provisions of Act No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, as amended, and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46.
Article 3 – Personal data collected
3.1. Personal Data provided by Users, Prospects and Customers
Via the forms accessible on the Site
The Personal Data collected by Memorist on its Site is that which is voluntarily provided by the User in order to be contacted by Memorist for a project, to send an unsolicited application or in response to a job offer published on the Site.
The Personal Data is thus :
Where applicable, to be contacted by Memorist: the User’s contact details (surname, first name, email address, telephone number (landline and/or mobile); company name; any personal data provided in the free text zones by the User to contact Memorist;
Where applicable, to apply spontaneously or to respond to a job offer posted on the Site: the User’s contact details (surname, first name, email address); any data contained in his/her curriculum vitae; any personal data provided in the free text zones by the User;
The Personal Data indicated by an asterisk at the time of collection must be communicated to Memorist. If this Personal Data is not provided, Memorist will not be able to contact Users who have made a request, nor will it be able to respond to on-line applications from Users.
Apart from the forms accessible on the Site and/or via the Customer Account
With a view to drawing up detailed quotations for the various document conservation and enhancement services offered by Memorist and then, where applicable, with a view to concluding, performing and monitoring the Contracts entered into, Memorist will collect additional Personal Data and, where applicable, depending on the service:
The full contact details of the User, Prospect or Customer: surname, maiden name, first name, postal address, business telephone number and/or mobile number, business email address;
The data required to create a Customer Account: company name, business name, surname and first name of the contact person, email address, telephone number and postal address;
Data relating to the Contract: transaction number, service(s) purchased, amount, period, history of the Customer relationship, correspondence with Customers and Customer Services, Customer exchanges and comments;
Data relating to invoice payments: invoicing entities, invoicing address(es), payment terms, discounts granted, receipts, balances and unpaid amounts.
Where applicable, with a view to drawing up quotations, data relating to the geographical location of the User or Prospect (which may vary depending on the services required): address of arrival and address of departure of the documents to be processed; scheduled date of the service.
The Personal Data indicated by an asterisk or as mandatory by Memorist at the time of collection must be communicated to Memorist. If this Personal Data is not provided, Memorist will not be able to draw up detailed estimates or letters of engagement and, where applicable, to execute the Contracts entered into and ensure their follow-up.
Depending on the specificities of the country of departure or arrival concerned or on legislative or regulatory changes, additional Personal Data unforeseen by the Privacy Policy and unforeseeable, may be necessary for the execution of the Contract.
Memorist will then expressly request this from the Client. Any such additional Personal Data will then be processed in the same way as the Personal Data listed in this Privacy Policy and always in compliance with the Privacy Policy.
3.2. Personal Data from cookies
The User’s Personal Data is also collected via cookies placed on the medium used by the User (computer, tablet, mobile, smartphone) when accessing the Site, subject to the User’s consent, which may be modified at any time.
Cookies are small volumes of information stored by the web browser on the medium used by the User (computer, tablet, mobile, smartphone). Cookies may be permanent or temporary. Permanent cookies are stored on the User’s device for a period not exceeding thirteen (13) months. Temporary cookies disappear at the end of each browsing session.
The use of cookies may involve the collection and use of information about the User, such as his/her IP address or other online mobile identifiers.
The cookies used on the Site are of various types and serve several purposes.
3.2.1. Cookies used on the Site
(i) The cookies that do not require the User’s prior consent are as follows:
Strictly necessary cookies: These cookies do not store any information enabling the User to be personally identified. However, these cookies are essential for browsing the Site and using its functions. These cookies are generally only set in response to actions requested by the User, which amount to service requests, such as configuring the User’s confidentiality preferences, logging in or filling in forms. Authentication and security cookies are used, for example, to identify and recognise registered Users and to enable them to access the requested content or functions.
Functionality cookies: These cookies facilitate the operation of the Site, as well as the use of all of the Site’s functionalities and the provision of enhanced and personal functionalities, in particular by memorising connection data (IP address), User preferences, etc. These cookies are set by Memorist or by its third-party suppliers whose services it has added to its pages. For example, these cookies enable the Site to be displayed in English or French depending on the language of the browser used by the User.
Although the deposit of these cookies does not require the User’s prior consent, the User may, at any time, configure his/her browser to block them or be alerted to their presence (see point 3.2.2.i).
However, by deleting these cookies, the User may no longer be able to access the Site or use its functions.
Memorist declines all responsibility for the consequences of the impaired functioning of the Site resulting from Memorist’s inability to save or consult these cookies.
(ii) Cookies subject to the prior consent of the User are analysis and performance cookies. These cookies enable the Site to be monitored and audience statistics to be produced for the Site in order to improve its operation, in particular by determining the number of visitors, the pages most frequently consulted, the duration of the User’s connection, the type of browser used, the pages from which the User accessed the Site, the search engines used to access it and the geographical location from which the User accessed the Site. All the information collected by these cookies is grouped together and is therefore anonymous.
Memorist obtains the User’s consent before depositing these cookies.
The User may at any time withdraw his consent to the deposit of these cookies and set his browser parameters to block them or be alerted to their presence (see point 3.2.2.) Blocking these cookies does not affect the functionality of the Site. However, deactivating them will prevent the collection of information relating to the User’s browsing on the Site and therefore the proposal of tailored content.
3.2.2. User choices regarding cookies
(i) Refuse all cookies or only those cookies whose deposit is subject to the User’s prior consent via the User’s browser software
Users may configure their browser software so that cookies are stored on their terminal or, conversely, so that they are rejected, either systematically or depending on the sender.
Users can also configure their browser software so that they are offered the option of accepting or rejecting cookies from time to time, before a cookie is likely to be stored on their terminal.
The User may at any time modify the configuration of his browser to accept or refuse all or some cookies, and block or delete cookies that have already been placed on his browser.
For cookie management, the configuration of each browser is different. It is described in the help menu of the User’s browser, which will enable them to know how to modify their cookie wishes:
For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari™: http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html
For Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
For Firefox™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
The User may also consult the website of the Commission Nationale de l’Informatique et des Libertés (hereinafter the “CNIL”) to obtain instructions for setting the parameters of the most commonly used browsers at the following address: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/conseils-aux-internautes/ or consult the “Help” section of the browser they are using.
In this way, the User has the option of blocking all cookies or only those whose deposit is subject to their prior consent, with the consequences that such blocking is likely to cause, as expressly explained.
(ii) Refuse only those cookies whose deposit is subject to the User’s prior consent by using a deactivation link
The User may click on the following deactivation link: Google Analytics: https://tools.google.com/dlpage/gaoptout?hl=fr
Article 4 – Processing of Personal Data
4.1. Person responsible for processing Personal Data
Memorist is responsible for processing the Personal Data of Users, Prospects and Customers.
4.2. Data Protection Officer
The Data Protection Officer appointed by Memorist is Mr Guy Sadoun. For any question relating to the Confidentiality Policy and for any request or question relating to Personal Data, the Customer, Prospect or User should contact the personal data protection officer directly, whose contact details are as follows:
email address: dataprotectionofficer@mobilitas.org
telephone number: + 33 (0)5 57 02 10 65
postal address: For the attention of the Communication Department 7 rue Joseph Bonnet – 33100 Bordeaux – France
4.3. Purposes of processing
The Personal Data of Users, Prospects and Customers is processed by Memorist for the purposes of its business, which vary according to the services concerned, and which are as follows: to contact Users and Prospects who have made a request on the Site; to process unsolicited applications or applications in response to a job offer sent by Users; to send newsletters to Users, Prospects and Customers who have subscribed to them; to process requests for quotations from Users and Prospects, to send quotations, to contact Users and Prospects following the preparation of quotations; answering questions and complaints from Users, Prospects and Customers and providing a customer service to Customers; executing Contracts, informing Customers of the progress of services entrusted to Memorist by Contract; creating and managing Customer Accounts: Personal Data will be used to identify the Customer and enable him/her to access certain features of the Customer Account, in particular to monitor the progress of the services entrusted to him/her; to collect payments from Customers; to manage unpaid invoices and Customer disputes; to carry out prospecting operations, such as contacting Users, Prospects and Customers to offer them commercial offers and news; to carry out satisfaction surveys; organising promotional operations; analysing the Personal Data of Users, Prospects and Customers in order to provide them with relevant commercial offers and information; testing and improving the Site and the services offered; managing requests for the right to access, rectify, delete, oppose, limit and port the Personal Data of Customers, Prospects and Users; verifying the information provided by Customers, Prospects and Users.
4.4. Commercial prospecting
In the absence of prior express consent from the User and the Prospect, Memorist undertakes not to use their Personal Data for commercial canvassing purposes, in particular for sending promotional messages, news, newsletter subscriptions, or for any information operation.
Memorist informs the Customer of the use of their Personal Data in order to send them commercial prospecting messages concerning services similar to those already provided by Memorist. Otherwise, Memorist undertakes to obtain the prior and express consent of the Customer.
The User, Prospect and Customer may at any time oppose or withdraw their consent to receive commercial prospecting messages by clicking on a deletion link mentioned in the commercial prospecting electronic messages sent to them, or by changing the settings on the Customer Account.
4.5. Legal basis for processing
The processing of Personal Data is necessary for the performance of the Contract and/or pre-contractual measures taken at the request of the Customer or the User (requests for quotations, sending of job applications, etc.).
The processing of Personal Data for the purpose of commercial prospecting is based on the prior and express consent of the User, the Customer and the Prospect. When commercial prospecting concerns services similar to those already provided to the Customer, the processing of the Customer’s Personal Data is based on Memorist’s legitimate interest in developing its commercial relations with its Customers.
Finally, the processing of Personal Data for specific purposes such as carrying out satisfaction surveys, analysing Personal Data to provide relevant commercial offers and information, testing and improving the Site, is based on Memorist’s legitimate interest in developing and monitoring its commercial relations with Customers, Users and Prospects.
4.6. Recipients of Personal Data
The Personal Data of Users, Prospects and Customers collected by Memorist is intended for use by Memorist’s authorised personnel in the Customer, marketing, recruitment, human resources and/or sales departments, as well as the authorised personnel of sub-contractors used by Memorist and who need access to the Personal Data in order to carry out their tasks, in particular transport service providers, IT service providers, technical service providers, payment service providers, debt collection agencies and credit organisations.
The Customer’s Personal Data may also be transmitted to the insurance company Helvetia, Memorist’s partner, in the event that the Customer subscribes to the insurance policy offered by Memorist.
The Customer’s Personal Data may, if necessary for the performance of the Contract, be communicated to the authorised personnel of Memorist’s subsidiaries, or to the authorised personnel of Memorist’s partner international agencies (for countries in which Memorist does not have subsidiaries), as well as to their own subcontractors, in compliance with the provisions of article 6 of the Privacy Policy.
Memorist undertakes not to disclose the Personal Data of Clients, Prospects and Users to any other third party, except with the explicit and prior consent of the Client, Prospect and/or User, or in the circumstances listed below:
Memorist may be required by law, in connection with legal proceedings, litigation and/or any claim against it, to disclose the Customer’s, Prospect’s or User’s Personal Data;
Memorist may also disclose such Personal Data if it believes that disclosure is necessary or appropriate for national security, law enforcement or other public interest purposes;
Memorist may also disclose Personal Data if it believes that such disclosure is reasonably necessary to enforce compliance with this clause or to protect its business or the Customer or the User or the Prospect;
In the event of restructuring, Memorist may lawfully transfer all Personal Data to its successor in title.
4.7. Duration of storage of Personal Data
The Customer’s Personal Data is kept for the entire duration of the Contract, with a view to its proper performance by Memorist and any sub-contractors.
The Customer’s Personal Data which is used to establish proof of the Contract is kept for a period of five (5) years from the end of the performance of the service which is the subject of the Contract.
The Customer’s Personal Data collected for the purpose of taking out insurance is kept for the duration of the insurance contract taken out, and for the period required to manage the claim, where applicable.
Personal Data relating to the Customer Account is kept for a period of three (3) years from the date of the Customer’s last activity on his/her Customer Account. At the end of this period, the Customer will be considered inactive and his/her Customer Account will be automatically deactivated.
Customer Personal Data that enables Memorist to meet its accounting obligations is kept for a period of ten (10) years from the end of the financial year concerned.
Customer Personal Data used for canvassing purposes is kept for a period of three (3) years from the end of the contractual relationship.
The Personal Data of Prospects and Users who have not entered into a Contract with Memorist used for canvassing purposes are kept for a period of three (3) years from the date of their collection on the Site. At the end of this period of three (3) years, Memorist may contact the User and the Prospect again to find out if they wish to continue to receive commercial solicitations.
The Personal Data collected through cookies is kept for a period of thirteen (13) months from the time it is collected on the Site.
In the event of a negative outcome to an application, Memorist may inform the User of its wish to keep its file, in order to give the User the possibility of requesting its destruction. If the User does not request the destruction of their file, their Personal Data is automatically destroyed two (2) years after the last contact with the User. Beyond the periods necessary for the purposes for which they are processed, Memorist undertakes to destroy or make anonymous the Personal Data of Clients, Prospects and Users.
Article 5 – Rights of Users, Prospects and Clients
Legislation on the protection of personal data grants the User, Prospect and Customer several rights described below.
The right of access gives the User, Prospect and Customer permanent access to the Personal Data concerning them.
The right of rectification allows the User, Prospect and Customer to update inaccurate or incomplete data concerning them.
The right to object enables Users, Prospects and Customers to object, on legitimate grounds, to their Personal Data being processed.
The right to limitation allows Users, Prospects and Customers to limit the processing of their Personal Data in the cases restrictively listed by the law in force.
The right to data portability allows the User, the Prospect and the Customer to receive the Personal Data concerning them that they have provided to Memorist, and to transfer it to another data controller, under the conditions provided for by the law in force.
The right to erase data allows the User, Prospect and Customer to obtain the erasure of their Personal Data in the cases restrictively listed by the law in force.
The User, Prospect and Customer may withdraw their consent to the processing of their Personal Data by Memorist at any time.
In addition, the User, Prospect and Customer also have the right to anticipate the fate of their Personal Data after their death, by defining directives (general or particular) relating to the conservation, deletion or communication of their Personal Data after their death.
Users, Prospects and Customers are informed that they may freely designate a person to carry out their instructions and that they may modify or revoke their instructions at any time.
The User, the Prospect and the Customer may exercise their rights of access, rectification, deletion, opposition, limitation, portability, define directives relating to the conservation, deletion or communication of their Personal Data after their death, and express their wish to withdraw their consent to the processing of their personal data by contacting Memorist at the following address:
By post: ARKHENUM
For the attention of the Data Protection Officer / Marketing Department
7 rue Joseph Bonnet – 33100 Bordeaux – France
By e-mail: laurent.onainty@thememorist.com
Memorist will endeavour to respond to requests from Clients, Prospects and Users within a reasonable time and, in any event, within the time limits set by the regulations in force.
Memorist will take all necessary precautions to verify the identity of the person making the request, before granting the request, if applicable, in order to prevent the risk of abusive requests.
The User, the Prospect and the Customer also have the right to submit a complaint to the CNIL and to bring an action against Memorist before the competent courts if they find that Memorist has infringed their rights with regard to personal data. In the event of an infringement, the User, Prospect and Customer may claim full compensation for the loss suffered.
Finally, the User, the Prospect and the Customer have the right not to be the subject of a decision based exclusively on automated processing, including profiling, producing legal effects concerning them or significantly affecting them in a similar way.
Article 6 – Security of Personal Data
6.1. Security and confidentiality measures
Memorist makes its best efforts to take all appropriate measures to ensure the security and confidentiality of the Personal Data of Users, Prospects and Customers in order to prevent them from being damaged or distorted or from being accessed and misused by unauthorised third parties. Customers who believe that their Customer Account has been misused should contact Memorist immediately at Alexandra.troubetzkoy@thememorist.com
Memorist implements technical and organisational measures to guarantee appropriate security of the Personal Data of Clients, Prospects and Users, in particular: management and control of access to Personal Data; installation of software to monitor Memorist’s computer network; use of hardware firewalls to protect ER’s computer networks; installation and use of antivirus software and firewalls; backup and encryption of Personal Data; restricted access to servers by means of an identifier and password and a secure virtual private network (VPN); regular assessment of the integrity of the means of protection; encryption of computer communications to Memorist’s partners; protection of current physical documents; storage of old physical files in a secure archive warehouse.
6.2. Transfer of Personal Data outside the European Union
Customer Personal Data may be transferred to a country outside the European Union, where such transfer is strictly necessary for the performance of the Contract. The recipients of Customer Personal Data established in a country outside the European Union are listed in article 4.5 of the Privacy Policy. Memorist ensures that these transfers of Personal Data outside the European Union are carried out in accordance with its Privacy Policy. Where the country of destination of Personal Data which is not a member of the European Union has not been officially recognised as offering an adequate level of protection by the European Commission, Memorist undertakes to provide appropriate guarantees to protect the Personal Data of its Customers, in accordance with Article 46 of the General Data Protection Regulation, in particular by using standard contractual clauses approved by the European Commission. Memorist also ensures that Customers always have enforceable rights and effective legal remedies.