1. Purpose
This charter aims to determine the rules on the collection and processing of data by the Firm Lexel Juridique & Fiscal (hereinafter ʺ the Firm ʺ) among its clients (hereinafter ʺ the Clientsʺ).
The employees of the Firm, its subcontractors and hosts working with the Firm for a specific assignment commit to respect the provisions of this charter and to contribute to their proper application.
2. Confidentiality undertaking
Through the legal and tax consulting activity, the Firm collects and processes confidential and sensitive information related to clients and their activities.
Regarding confidential and sensitive information and except for express authorization from the Clients or requisition by the police, judiciary, tax, social or any other public authorities, as provided in article 3 below, the Firm undertakes to:
- Store and not communicate or disclose to a third party the confidential and sensitive data and prohibit using it for other purposes than those related to the completion of the specific assignment that has been conferred;
- Use the confidential and sensitive data, as well as the employees, subcontractors and hosts or third parties that may know about that data through their activity, only for the needs of the legal and tax assignment entrusted tothe Firm;
- Limit,by all appropriate means, the total or partial spread of the confidential and sensitive data which is used only by the Firm employees directly responsible for the study and the treatment of the matter. The Firm and its responsible employees, whose names are sent to the Clients, undertake to keep the confidentiality of the data.
The Firm prohibits to contact directly or indirectly employees, managers, executives, suppliers or customers of competing companies of the Clients, without the Clients written authorization.
The Firm commits to the Clients to address all inquiries and correspondence relating thereto.
The Firm and its employees, subcontractors, hosts, and natural or legal persons forming a group within the Firm to respond to offers, undertake to respect the confidentiality of the data provided.
The Firm implements all necessary measures to preserve the confidentiality of these data.
3. Limitation of the application of the charter
The charter does not apply :
- To the data already available to the public when they are transmitted to the Firm or to the data that would get public except in the cases of non‐compliance by the Firm commitments in the framework of this charter;
- If the data is requested by the police, judiciary, tax, social, or other public authorities in accordance with the legal and regulatory provisions in force.
4. Data collected and processed
The collection of data by the Firm from the Clients is systematically based on the consent of the latter or on a legal obligation.
This collection is restricted to strictly necessary data to the achievement of the Firm’s assignment.
4.1 Data from potential clients
The Firm collects personal data from potential clients who wish to contact the Firm via the online contact form. These data are necessary to respond to the request of the potential clients. The required data are name, surname, e‐mail of the clients, the matter they wish to address and any documents that may enable an understanding of the matter.
4.2 Firm Clients Data
In addition to the data collected in the initial contact mentioned above, the Clients provide the Firm sensitive and confidential data for the purposes of file processing.
4.3 Data from Firm employees
The Firm collects and processes personal data of all its employees. These data are collected for legal or archival purposes only. The Firm commits not to use this information to make decisions regarding the employees based on said information without informing them.
Documents prepared by the Firm relating to its employees such as evaluation sheets, payroll forms and business card are kept for good management purposes of the Firm. The persons concerned are informed of the existence of such documents and of their rights relating to these documents.
5. Length and location of data retention
The Firm reserves the right to retain the data collected from the Clients, unless legal obligation or express request otherwise of the Clients, at the end of the relationship between the Firm and the Clients, materialized in the termination of subscription contracts and/or legal secretary contracts.
The data collected from the employees of the Firm are kept according to the legal durations.
In case of no legal duration, the Firm reserves the right to keep the data for an indefinite period.
All the data collected, from the Clients and Firm employees, is kept on a secure server dedicated to this purpose within the Firm. Technical and organizational measures could be implemented to ensure the security of the data.
6. Data security
6 .1 Internal Firm Measures
In order to ensure the security of the processed data, the Firm is regularly audited including intrusion tests in the Firm’s computer system.
The Firm trains its employees with good practices in data securityby sending regular documentation.
The Firm commits to the Clients to do their best to ensure the security and confidentiality of the data provided by the latter.
The employees of the Firm should immediately inform the Associates and the IT service of the Firm in case of suspected breach of security or confidentiality.
6.2 Measures relating to subcontractors and hosts and other persons with whom the Firm wishes to work
The Firm chooses its subcontractors and hosts as well as other people with whom the Firm wishes to work, taking into account the ability to guarantee the security of the data.
The Firm regularly ensures that the persons mentioned in the paragraph above are able to ensure permanently that security.
7. Data Processing Manager
The Firm appoints as data manager:
Mr Frédéric RANJATOELY Zone Tana Water Front Ambodivona, Escalier C Antananarivo 101 ‐ Madagascar
frederic.r@lexel.mg
The data manager is responsible for ensuring the correct application of the legal provisions relating to data processing, compliance with this charter and the effectiveness of the rights of data subjects.
The contact details of the data manager are indicated on the website of the Firm and are notified to its employees.
In the event of change of the identity of the data manager, the Firm agrees to inform immediately the Clients in writing.
8. Commitment of Firm employees
The Firm employees agree to act in accordance with this charter and under the current regulations concerning the protection of personal data.
By signing the present charter, the Firm employees certify they have read its content.
