General terms and conditions of sale
Date last update: 30 August 2024
ANY USE OF THE LEGAL PILOT SITE IMPLIES THE UNRESERVED ACCEPTANCE OF THE PRESENT CONTRACT BY THE CUSTOMERWHATEVER THE SUBSCRIPTION.
LEGAL PILOT (hereinafter "Legal Pilot"The company is a société par actions simplifiée (simplified joint stock company), registered in the Lyon Trade and Companies Register under number 83011773500019, with its registered office at 76, rue Ney in Lyon (69006), and represented by Gérald SADDE in his capacity as Managing Director.
These Terms and Conditions govern the relationship between Legal Pilot and you (hereinafter the "Customer"hereinafter individually referred to as "thePart"and jointly the "Parties").
Please read these terms and conditions carefully before subscribe to an Abonnement on the legal-pilot.com website. By agreeing to these conditions by clicking on the "I accept" buttonBy clicking on the "Submit" button, you are indicating your agreement to be bound by these terms and conditions.
PREAMBLE
Legal Pilot is a company specialised in the edition of software in the field of assisted production of documents and management of information.u production process and follow-up of the said documents.
Capitalized terms used in the body of this Agreement are defined as follows, with identical uncapitalized terms being given their ordinary meaning:
"Anomaly"Any repeatable behaviour of the Solution that is not in accordance with sa Documentation, or which results from a defect that either renders the Solution unusable or causes an incorrect result when the Solution is used in accordance with the Documentation and its purpose.
"Subscription"means the subscription to the Application Services taken out by the Customer.
Summary of the Plan or Modules selected by the Client as part of its subscription to the Solution is shown in the quotation attached to this Contractwhere applicable.
"ContractThe term "contract" means this contract and any annexes and addenda which form an integral part of it.
"DocumentationDocumentation" means the documentation provided by Legal Pilot, if any, relating to the use of the Solutionincluding the knowledge base and functional documentation.
"Data"means any data of a personal or non-personal nature from Customer registered in the Solution resulting from its use by Users.
"Plan"means the commercial offer chosen by the Customer in the context of his subscription to a Subscription .
"Application Services"means, among all the application services of the Solution made available in SaaS mode by Legal Pilot, the services to which the Customer subscribed. LThe Application Services do not include the hardware and third party services (e.g. telephone and internet subscriptions) required to provide the Application Services. to use the Solution.
"Modules" means, among the Application Services, the functional bricks selected by the Customer as part of his Subscription.
"SolutionsLEGAL PILOT" designates all the functionalities of the solution developed by Legal Pilot and named "LEGAL PILOT", including in particular its Applicative Services accessible on line in SaaS mode, its programming interface (API), as well as their Documentation and any intellectual property right or know-how related to it.
"User"means any user authorized by the Customer to access the Application Services.
"Third Party User"means any guest userauthorized by the Customer to access the Application Services.
These terms can be used in the plural or singular.
The purpose of this Agreement is to define the conditions under which Legal Pilot will provide the Solutions and the conditions under which the Customer may use it under the terms, limitations and conditions set out in this Agreement.
The Parties agree and acknowledge that their only legal relations and relationships are those defined and provided for in this Contract and its Annexes.
Unless expressly waived by Legal Pilot, testing of the Solution or subscription to a monthly commitmentThis Contract is concluded upon acceptance by the Customer for an initial period of one (1) year.
The subscription is renewed under the same conditions at the end of each annual period by tacit agreement for a period identical to the initial term, unless one of the Parties gives notice of termination by registered letter with acknowledgement of receipt no later than 3 months before the anniversary date of the Contract.
The termination of theAsimply will only be effective upon receipt by the CustomerA written confirmation from Legal Pilot.
The Customer will be able to connect to the Solution, except during maintenance periods:
The CustomerTo access the Application Services, the User must have a computer system that meets the technical requirements specified in the "System Requirements" section.
The Customer shall be personally responsible, at its own expense, for the acquisition, installation, maintenance and connection of the various elements of the configuration and telecommunications means necessary to access the Application Services.
The identifiers are intended to restrict access to the Application Services to Customerto protect the integrity and availability of the Solution, as well as the integrity, availability and confidentiality of the Data.
All use and transmission of identifiers is the sole responsibility of the Customer.
In case of loss or theft of the identifiers, the User commits to immediately inform Legal Pilot.
The creation of profiles for new Users is managed in accordance with the information contained in the Documentation.
Legal Pilot is free to develop the Solutions and Application Services without prior information from the Customer as long as this does not lead to any degradation of the Application Services or loss of Data (non-regression).
Notwithstanding the foregoing, Legal Pilot does not undertake to maintain the functionalities identified as Beta. These functionalities are integrated into the Application Services only on a trial basis. The Customer therefore expressly acknowledges that the withdrawal by Legal Pilot of a Beta functionality does not constitute a degradation of the Application Services.
Any other substantial changes to the Solutionsor the Application Services or the technical prerequisites specified in the "System Requirements" section will open the Customer the possibility of terminating the subscription without prior notice.
On request of the CustomerLegal Pilot will be able to carry out prestations of various services.
All pservice will be the subject of a contract including a quotation drawn up by Legal Pilot in accordance with the price list in force at the time of the purchase of the prestation.
Any service that is supposed to be underwriting prior to a Subscription.
Modules are the functional building blocks of the Solution.
The Modules are offered in the form of a Plan or arranged according to the Customer's needs in the of the composition of its Subscription on the base of features of the Modules, as described on the website at https://legal-pilot.com/automatisation-documents-tarifs/ and in the document's Documentation.
The Solutions works on Mac and Windows.
In order to take full advantage of the use of the SolutionsIt is recommended that the Customer keep their operating system (OS) up to date and use an up-to-date version of their web browser.
For an optimal use of the Solution, it is advised to Customer to use browsers Google Chrome or Microsoft Edge.
In the absence of alignment with these recommendations, the Customer is likely to access only a degraded version of the Solutions for which Legal Pilot cannot be held responsible.
Le Customer undertakes to pay, within the agreed time, the sums due to Legal Pilot.
In all cases, the Customer undertakes to cooperate in good faith with Legal Pilot in order to enable it to perform all the obligations for which it is responsible under the contractual conditions.
The Customer undertakes in particular to collaborate actively in the good progress of the Contract by bringing to Legal Pilot within the useful deadlines all the information and documents necessary for the good apprehension of the needs and the good execution of the Contract.
The Customer undertakes to comply strictly with any technical recommendation made by Legal Pilot.
The Customer is aware of the technical hazards inherent in the Internet and the access interruptions that may result.
Legal Pilot will use its best efforts to provide the Customer the best availability possible of the Solution. Legal Pilot undertakes to correct as soon as possible any Anomaly preventing the Customer to use the Solution's Application Services in accordance with theAsimply subscribed.
Notwithstanding the above, this Article does not apply to operational or availability problems:
Similarly, the Customer is informed that Legal Pilot calls upon a service provider in order to host its Solution and that it does not answer for the availability of the servers allowing the access to the Solution.
In fact, a damage related to the hosting of the Solution will not cause any penalty to be applied to Legal Pilot, nor will it constitute a fault in the sense of the article "Causes of termination".
Within the framework of the use of the Solution and during the duration of the Contract, Legal Pilot ensures the technical support for the Anomalies relative to the Application Services and consisting in assisting, advising and treating the requests of the Customer by email.
The Customer is advised that this is technical assistance and not training in the implementation and operation of the SolutionThis includes the Plan.
Support is provided through the support function accessible via the Solution.
The support is available at Customer Monday to Friday from 9.30am to 12.30pm and from 2.30pm to 6.30pm.
Legal Pilot undertakes to respond as soon as possible to support requests made by the Client.
Legal Pilot performs three full daily backups of the entire accessible databases for 30 days on a rolling basis.
Legal Pilot is the only one authorisede to carry out the evolutionary maintenance of the Solutions.
Legal Pilot will endeavour to limit, as much as possible, in time and number the interruptions of the Solutions necessary for maintenance.
Any intervention due to non-conforming or unauthorised use of the Solution by the Customer or as a result of a malfunction of any of the elements of its configuration is charged in addition, on the basis of an estimate accepted by the Customer.
Unless otherwise agreed, Legal Pilot only grants the Customer for its own account and in order to allow it to freely use the Application Services in the course of its business, a personal, non-exclusive, non-assignable and non-transferable right to access the Application Services, for the entire duration of the Contract and for the whole world.
Chis licence is granted only on condition that the Customer monthly payments of the Subscription.
Unless otherwise provided in the Order, the Customer is authorized to use the Application Services for its own account, only in accordance with this Agreement, to the exclusion of any other purpose.
The right of use means the right to represent and implement the Application Services in accordance with their purpose, in SaaS mode via a connection to an electronic communications network.
Unless otherwise agreed, the Customer may not under any circumstances put the Application Services or the Solutions The User may not make any other use of the content of this website available to a third party not included in the definition of a User, and is strictly forbidden from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being restrictive.
Therefore, unless otherwise provided or authorized in writing by Legal Pilot, the Customer is in no way authorised and will not authorise any third party to, in particular
Legal Pilot is and remains the exclusive owner of the intellectual property rights to the SolutionsApplication Services, the programming interface, or Documentation.
Apart from the rights granted in this article "Intellectual Property", this Contract does not transfer any intellectual property rights to the Customer.
All system licenses, databases, programming interface, hardware, storage, backup and security products related to the Solutions are the property of Legal Pilot.
The Customer acknowledges that the structure, organisation and source code of the Application Services and the Solutions are important trade secrets of Legal Pilot.
No assignment, licence, concession, intellectual property right, on any grounds whatsoever, is granted on the Solutions.
The Data storage files and the means put in place to allow the interaction of the Customer with the Application Services are the sole property of Legal Pilot. They cannot in no case to be diffused, resold or modified without the explicit authorization of Legal Pilot.
Unless specifically mentioned in the quotation or in the Plan, the Customer may not use the API of the Solution to interface it with any third-party tools.
The Customer remains the owner of and responsible for all rights, in particular intellectual property rights relating to the Data.
For this reason, and without prejudice to the processing of personal data that Legal Pilot carries out and which are described in its confidentiality policy, Legal Pilot refrains from accessing any Client Data, including in particular the data relative to the Clients' models, the documents generated from these models and any information composing them, and the answers brought to the questions allowing the generation of the documents, except for an express request for support formulated by the Client leading Legal Pilot to access, for the time of the support operation, all or part of the Data.
In any case, Legal Pilot is not responsible for the content of the CustomerIn the event of any prejudice or infringement of the rights of third parties, and in particular any infringement that may be found in the Data.
The Customer undertakes to inform Legal Pilot without delay if he had knowledge of one of the cases mentioned in this article. If necessary, Legal Pilot could be brought to close the access of all or part of the Users of the Solution without this constituting a breach of the law.(b) the breach of its obligations under this Agreement.
The Customer agrees to indemnify, defend and hold Legal Pilot and its subcontractors harmless, at its own expense, from and against any and all claims, losses, damages (including reasonable attorneys' fees and costs), allegations or liabilities arising out of:
- à any harm to persons or property of third parties as a result of the Data;
- à any violation of French or international laws as a result of the Data; at illegal, immoral, infringing or defamatory, or allegedly illegal, infringing or defamatory nature of the Data.
However, Legal Pilot reserves the right to process the Data of the Customer in an aggregated and anonymised manner in order to refine and improve its Application Services.
With regard to data relating to natural persons, Legal Pilot and the Customer undertake to comply with all legal and regulatory provisions relating to the protection of personal data and ensure that the processing of personal data, such as those concerning in particular the identification of users of the Solutions are carried out under the conditions defined by the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms modified by the General Data Protection Regulation n°2016/679 of April 27, 2016 and the order n°2018-1125 of December 12, 2018.
This commitment translates into a permanent and dynamic compliance on the part of the Parties in order to secure the personal data processed according to a matrix of obligations, the stipulations of which are set out in the Personal Data Annex.
As such, Legal Pilot's privacy policy is available at https://legal-pilot.com/fr/politique-de-confidentialite/
Under the Personal Data Annex, the Solutions allows the Customer to make its own privacy policy available to its Users, who will have to read and approve it when they first connect.
The Customer undertakes to pay the price of Subscriptionas well as any Service requested by the Customer and charged extra.
Lhe amounts agreed upon in the title from Subscription are collected or debited automatically each month on the Customer's account.
Without prejudice to any damages, failure to pay by the Customer of an invoice on its due date automatically entails :
the application interest on arrears equal to ten (10) times the legal interest rate, without prior notice and as from the first day of delay;
the additional bank and administration costs (follow-up of collection, reminder letters and telephone costs, representation of direct debit rejections);
the document's degradation of Services Applications and, if the default persists, Legal Pilot reserves the right to close the Rights of the Customer;
In addition, default by the Customer of an invoice at its due date entails eventually, at Legal Pilot's discretion, the termination of the Contract by right within 30 days after Legal Pilot has sent a formal notice by registered letter with acknowledgement of receipt which has remained unfruitful.
Any deduction and/or compensation is expressly excluded, except with the prior written agreement of Legal Pilot.
In the event of a serious breach by either of the Parties of one of its substantial obligations, which is the subject of this Contract, which is not remedied within thirty (30) calendar days of receipt of the registered letter with acknowledgement of receipt notifying this breach, the other Party may request the termination of this Contract.
Furthermore, Legal Pilot may terminate the Contract in its entirety immediately after having notified it in writing to Customerif the Customer does not respect the stipulations of the articles "Obligations of the Customer", "Intellectual Property", "Financial Conditions" and "Confidentiality Clause" of the Contract .
Where applicable, termination shall be without prejudice to any other rights or actions that the defaulting Party may have against the defaulting Party.
Prior to any effective termination, motivated by the reasons stipulated in the article "Causes of termination" of the present Contract, Legal Pilot may, in a discretionary way, proceed to the closing of the access from Customer to the Solution.
In addition to the closure of the Customer attached to the Solution, the connection of the Customer to the Application Services will be immediately terminated. Consequently, the Customer will no longer be able to access or use the Solutions nor exploit its backups or access its Data.
Users' identifiers will also be deleted within one (1) month.
A at any timeduring the term of the Contract, the Solutions allows the Customer to make exports of its Data.
At the end of the Contract, whatever the cause, or of partial closure of the CustomerLegal Pilot undertakes to ensure, upon written request of the Customeroperations that will enable the Customer to take back, or have a third party take back, the Data in the best conditions and in a usable format in order to migrate it to any other system of the Customerfor free.
In this context, Legal Pilot will adopt all useful measures to guarantee the return of the Data at the end of the Contract in a classic export format, notably CSV, XML, DOCX, PDF, JSON, HTML, TXT.
If the reversibility operations do not consist of a simple export, they will be the subject of an estimate between the Parties.
In accordance with articles 2286 and following of the Civil Code, Legal Pilot will not carry out any reversionary operation in case of default of payment by the Customer.
Legal Pilot excludes any responsibility on any title or legal basis whatsoever for foreseeable or unforeseeable indirect damage such as loss of earnings, commercial or financial prejudice, consequence of recourse by third parties or loss of exploitation, profit, contract, prejudice of image, immobilisation of personnel or equipment originating from or being the consequence of the present Contract, as well as damage caused to persons or property distinct from the object of the Contract.
The above exclusions of liability apply whether or not Legal Pilot has been advised of the possibility of such damages by the Customer.
THE CUSTOMER INTERPRETS AND USES THE DATA AS HE SEES FIT; LEGAL PILOT SHALL NOT BE LIABLE FOR THE DATA.
CONSEQUENTLY, ANY USE OF THE SOLUTION, ANY GENERATION OF A DOCUMENT AND ANY INFORMATION APPEARING IN A DOCUMENT, WHICH RESULT FROM CONFIGURATIONS MADE BY THE CUSTOMER, ARE DONE UNDER THE SOLE RESPONSIBILITY OF THE CUSTOMER.
IN ADDITION, ALL SPECIFIC SERVICES, INCLUDING BUT NOT LIMITED TO INTEGRATIONS, MODELLING, DEVELOPMENT OF SPECIFIC SOFTWARE FUNCTIONS CARRIED OUT BY LEGAL PILOT AT THE REQUEST OF THE CLIENT, AS WELL AS ANY USE OF THE SOLUTION, ANY GENERATION OF A DOCUMENT, ANY INFORMATION APPEARING IN A DOCUMENT WHICH RESULT FROM CONFIGURATIONS CARRIED OUT BY LEGAL PILOT AT THE REQUEST OF THE CLIENT WITHIN THE FRAMEWORK OF A DEDICATED SERVICE, ARE CARRIED OUT UNDER THE SOLE RESPONSIBILITY OF THE CLIENT. THE CLIENT EXPRESSLY ACKNOWLEDGES THAT THESE DEVELOPMENTS ARE CARRIED OUT ON THE BASIS OF THE SPECIFICATIONS, FORMULAS AND INSTRUCTIONS THAT HE HAS COMMUNICATED TO LEGAL PILOT. THE RESULTS OF THE SERVICES PROVIDED BY LEGAL PILOT AND THEIR USE ARE THE SOLE RESPONSIBILITY OF THE CLIENT ONCE THE CLIENT HAS SIGNED THE ACCEPTANCE CERTIFICATE FOR SAID SERVICE.
FURTHERMORE, THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT, IN GENERAL, COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FREE FROM FAULTS AND THAT SERVICE INTERRUPTIONS MAY OCCUR FROM TIME TO TIME.
ALSO, LEGAL PILOT CANNOT GUARANTEE THAT THE APPLICATION SERVICES, AND ANY THIRD PARTY TOOLS INTEGRATED OR COMMUNICATING WITH THE APPLICATION SERVICES, INCLUDING AT THE CLIENT'S REQUEST, WILL OPERATE IN AN UNINTERRUPTED, REGULAR, SECURE OR ERROR-FREE MANNER.
CONSEQUENTLY, LEGAL PILOT DISCLAIMS ALL IMPLICIT WARRANTIES, IN PARTICULAR WARRANTIES OF QUALITY, SUITABILITY FOR A PARTICULAR PURPOSE AND ABSENCE OF DEVELOPMENT DEFECTS, ESPECIALLY IN THE EVENT OF A CUSTOMER REQUEST FOR CUSTOM DEVELOPMENT.
In this respect, Legal Pilot will not be responsible for any loss of profit, commercial or financial loss resulting from a misuse of the Application Services by the user. Customer.
In any case, and unless otherwise stipulated in the Contract, in the hypothesis that Legal Pilot's responsibility would be retained, the total amount of the indemnities that Legal Pilot could be led to pay to the Customer may not exceed the amount effectively received by Legal Pilot under the present Contract, without being able to exceed an amount corresponding to 12 months of services excluding taxes, and this, whatever the legal basis of the claim and the procedure used to bring it to a successful conclusion, even if the damage caused proves to be greater for the Customer.
The provisions of this Contract allocate the risk between the Parties; the agreed prices reflect this allocation of risk and the resulting limitation of liability.
Neither of the Parties shall be held liable towards the other for the non-performance or delays in the performance of an obligation due under this Contract, which would be due to the occurrence of one of the cases of force majeure as usually recognised by the case law and the French courts, or to an external cause, such as total or partial strikes, internal or external to the company, bad weather, epidemics, water damage, fires, attacks, natural disasters, social conflicts, intervention by civil or military authorities, governmental or legal restrictions, interruption of electrical or telecommunication networks, DOS, DDOS, scheduled interventions or seizures by the courts.
In such a case, the obligations under this agreement shall be suspended.
If such force majeure, act of God or external cause continues for more than one (1) month, this Contract shall be terminated without any prior formality.
In the event of non-performance by Legal Pilot of any of its obligations under this Contract, whatever the cause, the Customer shall bring a claim for compensation before the competent courts in accordance with the article "Applicable law and jurisdiction" of this Contract within the period ofa year from the date of non-performance, on pain of foreclosure.
Legal Pilot will only be liable in the event of a proven fault by the CustomerUnless one of the clauses of the present Contract expressly provides that Legal Pilot is bound by an obligation of result.
The Parties undertake to use their best efforts to make, if necessary, during the performance of this Contract, all useful adaptations and modifications, so as to be able to collaborate in good faith, with a view to achieving its purpose.
With the exception of modifications considered to be non-substantial, all modifications that may be made to this Contract shall give rise to the acceptance of the latest version of the present Contract and, if necessary, to the conclusion of a new contract.
Each of the Parties refrains, except with the prior written agreement of the other, from making, directly or indirectly, offers of employment to an employee of the other Party assigned to the performance of the services covered by this Contract, or from taking him or her into its service, under any status whatsoever.
This waiver is valid for a period of twelve months from the end of the service concerned.
In the event that one of the Parties does not respect this commitment, it undertakes to compensate the other Party by paying it an indemnity equal to twelve (12) months' gross remuneration for this employee.
The Customer authorises Legal Pilot to mention the present Contract for the needs of its internal and external communication and also to mention its name associated with its logo on a list of references that it can diffuse to prospects.
The Parties undertake always to behave towards each other as a loyal partner and in good faith, and in particular to bring to their respective attention without delay any dispute or difficulty that they may encounter in the performance of this Contract or in their relations with their suppliers, creditors or customers, etc.
Each of the Parties undertakes not to disclose Confidential Information communicated by either Party under the Contract.
This obligation is valid for the entire duration of the Contract and for a period of three (3) years from the termination of the Contract for any reason whatsoever.
The Confidential Information is provided on an "as is" basis without any warranty, express or implied, as to its accuracy or integrity.
In contrast to the above, the following do not constitute confidential information
Each party undertakes:
For the protection of the Confidential Information of the other Party, each Party undertakes to take the minimum protective measures that it would take to protect its own confidential information, and undertakes to ensure that its employees, service providers and subcontractors, if any, who have access to the Confidential Information have signed, prior to any disclosure to them, a confidentiality agreement with obligations equivalent to those set out in this Article.
As soon as they become aware of it and in the event of a loss of confidential data in connection with the performance of this Contract, each of the Parties undertakes to inform the other Party in writing without delay so that the latter can take the necessary measures possibly necessary to comply with the General Data Protection Regulation (GDPR).
Each of the Parties certifies that it holds an insurance policy guaranteeing the pecuniary consequences of its civil liability.
The Parties acknowledge that this Agreement constitutes the entire agreement between them and supersedes any previous offer, provision or agreement, whether written or oral.
The fact that either Party does not claim the application of any clause of the Contract or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that Party of its rights under that clause.
This Contract being concluded intuitu personaeThe Parties shall refrain from assigning or transferring, in any manner whatsoever, the rights and obligations arising therefrom, without the express, prior and written consent of the other Party.
No transfer, in whole or in part, whether in return for payment or free of charge, may take place, even in the event of a change in the capital or control of the CustomerIn the event of a merger or contribution of assets, even partial, without the prior written consent of the other Party.
Neither Party may transfer the rights and obligations provided for in this Contract to any parent, subsidiary or sister company under Articles L.233-1 et seq. of the French Commercial Code, without the prior written consent of the other Party.
This Contract shall be governed by French law even if one of the Parties is of foreign nationality and/or the Contract is performed in whole or in part abroad.
In the event of any discrepancy in the interpretation of a translated version, only the French version of these terms and conditions shall be binding.
Any dispute or litigation arising from the validity, interpretation and/or performance of this Contract, which the Parties are unable to resolve amicably, shall be submitted to the exclusive jurisdiction of the materially competent Court of Lyon, even in the event of multiple defendants, summary proceedings or warranty claims.
Each of the Parties undertakes to recognise the equivalent evidential value of an original paper document in :
all electronic document exchanged between them;
all information exchanged between them through their electronic correspondence or the communication tools made available to them on the Solution;
all stored computerised data relating to their relationship pre-contractual (information made available to the Customerneeds of the Customer expressed to Legal Pilot, etc.) as well as their contractual relationship (date and content of the e-mails of treatment of the Orders, emitted complaints, etc.);
the faxes, copies of their relationship pre-contractual and during the performance of the Contract ;
the connection logs of the Customer and its Users.
The Parties waive, except in the case of proven computer fraud of the information systems used or voluntary human falsification, to take advantage of any non-invocability, inadmissibility or nullity of any proof that would be provided by means of the aforementioned documents or information.
By express agreement, all the documents attached to this Contract form an integral part of it and form, with it, an indivisible whole in the minds of the Parties.
Annexes :
Annex 1: Personal data
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ANNEX 1 - PERSONAL DATA
1. Processing of personal data
1.1 Roles of Legal Pilot and the Customer
Legal Pilot is responsible for the processing of personal data necessary to implement the provision of the Application Services and the access and use of the Solutions. These treatments are explained in the Personal Data Policy at the following URL: https://legal-pilot.com/politique-de-confidentialite/. The Customer acknowledges having been able to take cognizance of it before the conclusion of the present Contract. Legal Pilot remains free, at any time, to change the processing of personal data that it carries out within the framework of the provision of the Application Services and the access to the Solutions.
In addition, thee Customer is also responsible for the processing of personal data that it decides to do when using the Solutions. In this respect, it shall be responsible for processing for the purposes it freely determines at its sole discretion. Article 2 " Joint liability agreement " of this Annex details the division of responsibility and the reciprocal obligations of each Party with regard to the persons concerned by this processing, namely the Users of the Customer.
1.2 Processing of personal data carried out by Legal Pilot in the context of the client relationship
1.2.1 Purposes, legal basis for processing and retention periods
The data collected by Legal Pilot concern the identity and contact details of the Customer (surname, first name, email address, postal addresses, job title, contact persons, etc.) and any other information you may provide.
Certain information must be provided to Legal Pilot. If this is not done, Legal Pilot will not be able to contract with the Customeror to perform its contractual obligations or provide its services.
The treatments implemented by Legal Pilot may concern:
Main purpose | Sub-objectives | Legal basis | Shelf life |
Relationship management Customer | Conclusion of contracts, orders, performance of services, invoicing, guarantees, maintenance | Performance of the contract | Duration of the contractual relationship |
Accounting, tax and legal obligations | Compliance with a legal obligation to retain data | Data archiving and retention for the legal period (up to 10 years for accounting obligations) | |
Management of the pre-litigationLitigation | Legitimate interest of Legal Pilot to establish proof of a right/performance of a contract | Duration of the legal prescription linked to the service (civil or commercial prescription) | |
Canvassing operation | Prospecting for professionals and/or for services similar to those already provided | Legitimate interest of Legal Pilot to develop its commercial activity. You can oppose at any time to our prospecting operations. | Up to 3 years from our last contact with you. |
Management of an opposition list | X | Legitimate interest | For 3 years from the exercise of the right. |
1.2.2. Recipients
The recipients of the personal data collected are :
Within the limits of their respective responsibilities, the authorised staff of the marketing department, the sales department, the departments responsible for handling customer relations and canvassing, the administrative departments, the logistics and IT departments and their line managers;
the staff of our subcontractors (e.g. data host) and our partners (e.g. business introducer relationships).
The recipients of the personal data may also be organisations, legal auxiliaries and ministerial officers, within the framework of their debt collection mission.
1.2.3 Data localisation
Some processing may nevertheless be carried out for part outside the European Union, by Legal Pilot directly or by one of its subcontractors. In such a case, Legal Pilot has ensured beforehand that it and/or its subcontractors carry out these data transfers by taking appropriate guarantees allowing the adequate protection of your personal data.
Legal Pilot processes personal data within the European Union.
1.2.4 Rights of the Customer
The Customer has the following rights:
Right of access to access or obtain a copy of personal data concerning him/her;
Right of rectification to rectify or complete personal data that are inaccurate or incomplete;
The right to erasure allowing to request the deletion of personal data when they are no longer necessary for the purposes for which they were originally collected or processed;
The right to restrict processing, allowing one to request restriction of the processing of one's personal data;
Right to portability to receive personal data in a structured and machine-readable format;
Right to object to the processing of personal data;
Right to lodge a complaint with the data protection supervisory authority, namely the CNIL 8 rue Vivienne, CS 30223 F-75002 Paris, Cedex 02 Tel +33 1 53 73 22 22 Fax +33 1 53 73 22 00 Website web: http://www.cnil.fr/
To exercise his rights, the Customer can contact Legal Pilot at the following address Legal Pilot, 76 rue Ney - 69006 LYON- 04 78 24 46 00 - dpo@legal-pilot.com.
Legal Pilot will do its utmost to meet the needs of the Customer within one month. Sometimes Legal Pilot cannot accept a request because the law does not apply to the processing concerned, given its legal basis.
LEGAL PILOT will then inform the Customer of this impossibility by justifying it. Legal Pilot may ask the Customer proof of identity to verify his or her identity.
2. Joint liability agreement
This Joint Liability Agreement is concluded between Legal Pilot on the one hand and the Customer.
2.1 Definitions
The definitions are the same as those in the Contract.
2.2 Preamble
Application Services and Solutions In order to be provided, Legal Pilot processes certain personal data of the Users. As editor of SaaS software, Legal Pilot is the only one able to determine the finalities and the means of its treatments.
Consequently, Legal Pilot is the sole data controller for the processing of personal data that it carries out and which are detailed in its Personal Data Policy accessible at the following URL address: https://legal-pilot.com/fr/politique-de-confidentialite/.
By entering into this contract with Legal Pilot, the Customer wishes to allow its Users, which it selects and administers, to benefit from the Application Services. The Customer is then at the initiative of a personal data processing. Indeed, the Customer will determine its own purposes, which justify the reasons for using the Application Services and the Solutions. Part of the means of this treatment will be determined by the Customer (the latter will be able to determine on the Solutions certain means, directly through its actions or settings in the administration console and/or its specific instructions) while other means will be determined by Legal Pilot in the same way for all its clients and cannot be parameterised.
In view of the above, Legal Pilot cannot be qualified as a subcontractor of Customer but as joint controller.
Under these conditions, and in accordance with Article 26 of the GDPR, it is necessary to determine the respective obligations of each party in order to ensure full protection of the rights of Users and Third Party Users to their personal data.
It should be recalled that, according to the Court of Justice of the European Union, "the existence of joint liability does not necessarily mean that the various operators involved in the processing of personal data are equally liable. On the contrary, those operators may be involved at different stages of that processing and to different degrees, so that the level of responsibility of each of them must be assessed having regard to all the relevant circumstances" (CJEU, 5 June 2018, C-210/16).
The G29 Working Party, which brings together the European supervisory authorities, also considers that "the participation of the parties in determining the purposes and means of processing in the context of joint responsibility may take different forms and is not necessarily shared equally" and that the actors "may have a very close relationship (e.g. sharing all the purposes and means of a processing operation) or, on the contrary, a more distant one (sharing only the purposes or means, or part of them)" (Opinion 1.1), (Opinion 1/2010 of the Article 29 Working Party of 16 February 2010 on the concepts of controller and processor).
This is the purpose of this according to joint responsibility.
2.3. Scope of the Agreement
2.3.1. Treatments carried out by Legal Pilot
Legal Pilot is the sole data controller for the processing operations described in its privacy policy.
2.3.2. Treatments carried out by the Customer
The treatments carried out by the Customer via the Solutions These include:
the document's gThe management and administration of the Users of the Customer ;
the treatments carried out by the Customer on the personal data of Users;
and any other treatment rendered through the Solutions.
The Customer and Legal Pilot are jointly responsible (joint liability) for the processing carried out by the Customer via the Solutionsunder the conditions defined below.
For the part of the processing carried out via the Solutions:
For the part of the treatment that is carried out outside the Solutions and on which Legal Pilot does not intervene, the Customer is and remains entirely responsible for the essential means and the technical and organisational means that it can implement, and in particular those that it uses on its own information system.
2.4. Respective obligations
Each Party undertakes to comply with its obligations as a data controller in accordance with the provisions of the European Regulation 2016/679, known as the "Data Protection Regulation". general data protection regulation "(RGPD) of 27 April 2016 and the provisions of the French law of 6 June 1978 as amended.
In particular, it is up to each Party to determine whether its activities require the appointment of a DPO and whether its processing operations require a prior impact study. Legal Pilot can assist the Customer in order to provide him with any documentation relating to the means implemented by him, without this assistance obliging Legal Pilot to reveal to the Customer business secrets, technical know-how or intellectual property rights.
Legal Pilot can also call upon any subcontractor of its choice, provided that the latter presents sufficient guarantees for the protection of personal data.
2.5. Specific commitments of Legal Pilot
Legal Pilot commits itself not to carry out operations of commercial prospection with the Users of the Customer.
At the end of the Contract binding the Parties, whatever the cause of its extinction, Legal Pilot undertakes to delete all Data Users of the CustomerThis is the case for all documents, except those necessary to comply with the law, to prove a right or the performance of an obligation during the period of limitation.
2.6. Specific commitments of the Customer
The Customer remains free to determine the purposes of the processing of personal data it carries out by means of the Solutions.
The Customer undertakes, however, not to'use the Application Services of the Solutions to process personal data for purposes compatible with the object of the Application Services provided by Legal Pilot.
Therefore, thee Customer undertakes in particular not to carry out processing relating to particular categories of data, namely sensitive data within the meaning of article 9 of the RGPD or data relating to criminal convictions and offences within the meaning of article 10 of the RGPD without prior information and written authorisation from Legal Pilot.
The Customer recognizes to be perfectly informed that Legal Pilot is not approved as being a host of health data in the sense of the regulation of the Code of the public health. Consequently, the Customer guarantees that the personal data it will process do not concern health data understood as any data relating to the physical or mental health, past, present or future, of a natural person (including the provision of health care services) which reveal information about the state of health of that person.
2.7 Information to data subjects
Each Party undertakes to communicate it-Users are also provided with transparent information in accordance with the requirements of Articles 12 to 14 of the RGPD on the purposes and means of the processing operations they carry out.
The Customer is responsible for communicating to its Users the information required for the processing of personal data that it carries out via the Solutions.
Legal Pilot communicates the required information on the processing of personal data that it carries out in its privacy policy.
The outline of this Agreement will be made available to Users in accordance with Article 26 § 2 of the GDPR. They will consist of an explanation to the Users of the purposes that the Party implements and when to contact it to exercise their rights.
Legal Pilot explains in its privacy policy situations in which the Customer is responsible for the processing and illustrates it with concrete examples to facilitate the understanding of the Users.
2.8. Rights of data subjects
Each Party undertakes to allow UUsers may exercise their rights as recognised by the regulations on the protection of personal data (right of access, right of rectification, right of opposition, right to withdraw consent, right to erasure, right to limitation, right to portability).
The Customer will be the preferred point of contact for its Users to respond to requests to exercise their rights.
In its Personal Data Policy, Legal Pilot invites Users to contact preferably the Customer for requests to exercise rights.
When a User of the Customer contacts Legal Pilot to exercise one of his rights regarding his personal data, Legal Pilot will transfer this request to Customer (unless the application for the User carries on a purpose specific to Legal Pilot and which is described in its privacy policy).
Legal Pilot undertakes to transfer this request to Customer as soon as possible and to inform the User of the transfer of this request.
The Customer undertakes to respond to the User's request within one month, in accordance with Article 12 of the GDPR.
Legal Pilot will help the Customer to fulfil its obligation to respond to requests to exercise the rights of the persons concerned: right of access, rectification, deletion and opposition, right to restriction of processing, right to data portability, right not to be subject to an automated individual decision (including profiling).
2.9. Data transfers outside the EU
Each Party may freely transfer personal data outside the European Union or the European Economic Area, provided that it has previously ensured that appropriate safeguards are in place to allow such transfer, in accordance with Articles 44 to 49 of the GDPR.
2.10. Data breach
Legal Pilot is responsible for the security and the confidentiality of the data that it hosts itself or with professional hosts recognized for their know-how which it calls upon to host all or part of the Solutions.
The Customer is responsible for the confidentiality of iIt is not possible to identify the identifiers used by it or its Users that could be used by unauthorised third parties to access certain personal data.
In case of violation of personal data noticed by one of the Parties, the Parties mutually commit themselves to inform the other one within a maximum of 24 hours after having taken knowledge of it and by the following means: by sending an electronic mail to the address [email protected] to warn Legal Pilot and to the email address of Customer provided by him in the course of the contractual relationship to prevent the Customer.
A data breach is defined as a breach of confidentiality, integrity or availability of personal data.
Each Party shall use its best endeavours to communicate to the other :
the document's description of the nature of the personal data breach including, if possible, the categories and approximate number of individuals affected by the breach and the categories and approximate number of personal data records affected;
the name and contact details of the Data Protection Officer or other contact point from whom further information can be obtained;
the document's description of the likely consequences of the personal data breach ;
the document's description of the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate any negative consequences.
If, and to the extent that, it is not possible to provide all this information at the same time, the information may be provided in a staggered manner without undue delay.
Where the security breach concerns Users and is caused by a security breach affecting the SolutionsLegal Pilot will take care of notifying the security breach:
at of the CNIL, except when the said violation will not present a risk for the rights and freedoms of the Users, in accordance with Article 33 RGPD ;
at of Users, except where such breach will not present a high risk to the rights and freedoms of Users, in accordance with Article 34 of the GDPR.
Where the security breach involves any third party other than Users (e.g. personal data contained in the Data relating to Third Party Users or other third parties), the Customer will be responsible for notifying the security breach:
at of the CNIL, except where the said violation will not present a risk to the rights and freedoms of the said third parties, in accordance with Article 33 RGPD ;
at of such third parties, except where such breach will not present a high risk to the rights and freedoms of such third parties, in accordance with Article 34 of the GDPR.
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