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” means any data that directly or indirectly identifies a natural person;
“Memorist”, a trademark of Arkhnênum: a simplified joint stock company under French law, with a capital of 26,240.00 euros, having its registered office at 7 rue Joseph Bonnet 33100 Bordeaux, registered in the Bordeaux Trade and Companies Register under the number SIREN 422 085 480 RCS Bordeaux;
“Site”: the Internet site operated by Memorist, accessible at the following address: https://www.thememorist.com/;
“User”: any person who accesses the Site and/or uses its features;
“Contract”: a contract for the provision of services concluded with Memorist for the purpose of preserving and promoting 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 takes care to adopt and respect a rigorous Privacy Policy that complies with the regulations in force. The purpose of the Privacy Policy is to inform Users, Prospects and Customers of Memorist’s practices regarding the collection and processing of their Personal Data. By accessing the Site, Users, Prospects and Customers can view the Privacy Policy and are encouraged to read it regularly. Memorist reserves the right to change its Privacy Policy at any time, with any new version superseding the previous one when first disclosed on the Site. If the User, Prospect or Customer is a minor or incapacitated, he/she declares that he/she has received the consent of his/her parents or legal guardians before Memorist collects and processes his/her Personal Data. If the User, Prospect or Customer is a minor under the age of fifteen (15), the processing of his/her Personal Data with the legal basis of his/her consent is subject to the consent of the minor concerned and of the person(s) with parental authority over the minor. Memorist undertakes to comply with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended, and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 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
through the forms accessible on the Site
The Personal Data collected by Memorist on its Website are those 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 Website.
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 areas by the User to contact Memorist;
Where applicable, to apply spontaneously or to respond to a job offer published on the Website: the User’s contact details (name, surname, email address); any data contained in the curriculum vitae provided; any personal data provided in the free text areas by the User;
The Personal Data marked with an asterisk at the time of collection must be provided to Memorist. If the Personal Data is not provided, Memorist will not be able to contact the Users who have requested it, nor will it be able to respond to the Users’ online applications.
Apart from the forms accessible on the Website and/or through the Customer Account
For the purpose of drawing up detailed quotations for the various document conservation and enhancement services offered by Memorist and then, where applicable, for the conclusion, execution and follow-up of the Contracts concluded, Memorist will collect additional Personal Data and, where applicable, depending on the service:
The complete contact details of the User, Prospect or Client: name, maiden name, first name, postal address, business telephone number and/or cell phone number, business email address;
The data necessary for the creation of a Client Account: company name, corporate name, name and surname of the contact person, email address, telephone number and postal address;
Data related to the Contract: transaction number, service(s) purchased, amount, period, history of the Customer relationship, correspondence with Customers and customer service, exchange and comments from Customers;
Invoice payment data: billing entities, billing address(es), payment terms, discounts granted, receipts, balances and outstanding payments.
Where applicable, for the purpose of preparing quotations, data relating to the geographical location of the User or Prospect (which may vary depending on the services required): address of arrival and 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 provided to Memorist. If the Personal Data is not provided, Memorist will not be able to draw up detailed estimates or letters of assignment and, where applicable, to execute and monitor the Contracts concluded.
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 Customer. Such additional Personal Data, if any, will be treated 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
Personal Data of the User are also collected through cookies deposited on the medium used by the User (computer, tablet, mobile, smartphone) when he/she accesses the Site, subject to his/her consent and which he/she can modify 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 can 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 User information, such as 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 utilisés sur le Site
(i) The cookies that do not require the prior consent of the User are the following:
Strictly necessary cookies: These cookies do not store any information that could personally identify the User. However, these cookies are essential for browsing the Site and using its features. 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 privacy preferences, logging in or filling out forms. For example, authentication and security cookies are used to identify and recognize registered Users and to allow them to access requested content or features.
Functionality cookies: These cookies are used to facilitate the operation of the Site, as well as the use of the full functionality of the Site and the provision of enhanced and personal features, for example by storing 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 allow 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 prior consent of the User, the User may, at any time, set his or 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 degraded functioning of the Website resulting from the impossibility for Memorist to save or consult these cookies.
(ii) The cookies that require the prior consent of the User are the analysis and performance cookies. These cookies allow us to monitor the Site and to compile statistics on the Site’s audience in order to improve its operation, in particular by determining the number of visitors, the pages most frequently consulted, the length of time the User has been connected, the type of browser used, the pages from which the User has accessed the Site, the search engines used to access it and the geographical location from which the User has accessed the Site. All information collected by these cookies is aggregated and therefore anonymous.
Memorist obtains the User’s consent before depositing these cookies.
The User can withdraw his consent to the deposit of these cookies at any time and set his browser to block them or to be alerted to their presence (see point 3.2.2.). Blocking these cookies does not affect the functionality of the Website. However, deactivating them will prevent the collection of information relating to the User’s navigation on the Site and therefore the proposal of adapted content.
3.2.2. Users’ choices concerning cookies
(i) Refuse all cookies or only those whose deposit is subject to the User’s prior consent through the User’s browser software
The User may configure his or her browser software so that cookies are saved in his or her terminal or, on the contrary, that they are rejected, either systematically or according to their sender.
The User may also configure his or her browser software so that acceptance or rejection of cookies is proposed from time to time, before a cookie is likely to be recorded in his or her terminal.
The User may at any time modify the configuration of his browser to accept or refuse all or part of the cookies, and block or delete the cookies that have already been placed on his browser.
Each browser has a different configuration for managing cookies. It is described in the help menu of the User’s browser, which will allow him/her to know how to modify his/her wishes regarding cookies:
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 still consult the website of the Commission Nationale de l’Informatique et des Libertés (hereinafter the “CNIL”) in order to obtain instructions on how to set up 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 he or she uses.
The User has the option of blocking all cookies or blocking only those whose deposit is subject to their prior consent, with the consequences that such blocking is likely to cause, as expressly stated.
(ii) Refuse only those cookies whose deposit is subject to the prior consent of the User by using a deactivation link
The User can 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 Privacy Policy and for any request or question relating to Personal Data, the Client, the Prospect or the User shall contact directly the personal data protection delegate whose contact details are as follows
email address: e.fremau@arkhenum.fr
telephone number: + 33 (0)5 57 02 10 65
postal address: For the attention of the Marketing Department 7 rue Joseph Bonnet – 33100 Bordeaux – France
4.3. Purposes of the processing
The Personal Data of Users, Prospects and Clients are processed by Memorist for the purposes of its activity, which vary according to the services concerned, and which are to contact Users and Prospects who have made a request on the Website; 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; to answer questions and complaints from Users, Prospects and Customers and to provide customer service to Customers; to execute Contracts, to inform Customers about the progress of the services entrusted to Memorist by Contract; to create and manage Customer Accounts: Personal Data will be used to identify the Customer and to allow him/her to access certain features of the Customer Account, in particular the monitoring of the progress of the services entrusted to Memorist; 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 propose commercial offers and news; to carry out satisfaction surveys; organize promotional operations; analyze the Personal Data of Users, Prospects and Customers in order to provide them with relevant commercial offers and information; test and improve the Site and the services offered; manage requests for access, rectification, deletion, opposition, limitation and portability of the Personal Data of Customers, Prospects and Users; verify 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 his Personal Data in order to send him 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, the Prospect and the 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 e-mails sent to them, or by modifying the settings on the Customer Account.
4.5. Legal basis for processing
The processing of Personal Data is necessary for the execution of the Contract and/or pre-contractual measures taken at the request of the Customer or the User (requests for quotations, sending of 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 the commercial prospecting concerns services similar to those already provided to the Customer, the processing of his/her 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 conducting satisfaction surveys, analyzing Personal Data to provide relevant commercial offers and information, testing and improving the Website, is based on Memorist’s legitimate interest in developing and following up on 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 authorized personnel in the customer, marketing, recruitment, human resources and/or sales departments, as well as by the authorized personnel of subcontractors used by Memorist 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, collection companies and credit agencies.
Customer Personal Information may also be transferred to Memorist’s insurance partner, Helvetia, 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 authorized personnel of Memorist’s subsidiaries, or to the authorized personnel of Memorist’s international partner agencies (for countries where Memorist does not have subsidiaries), as well as to their own subcontractors, in accordance with the provisions of article 6 of the Privacy Policy.
Memorist will not disclose the Personal Data of Customers, Prospects and Users to any other third party, except with the explicit and prior consent of the Customer, 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 Customer, Prospect or User Personal Data;
Memorist may also disclose such Personal Data if it believes that for national security, law enforcement or other public interest purposes, disclosure is necessary or appropriate;
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 User or the Prospect;
In the event of a reorganization, Memorist may lawfully transfer all Personal Data to its successor in interest.
4.7. Duration of retention of Personal Data
The Customer’s Personal Data is kept for the entire duration of the execution of the Contract by Memorist and its possible subcontractors.
The Customer’s Personal Data that allow to establish the proof of the Contract are kept for a period of five (5) years from the end of the performance of the service, subject of the Contract.
The Customer’s Personal Data collected in the context of the insurance subscription are kept for the duration of the insurance contract subscribed to, and the duration necessary for the management of the claim, if applicable.
The Personal Data relating to the Customer Account is kept for a period of three (3) years from the last activity of the Customer on his Customer Account. At the end of this period, the Customer will be considered as inactive and his Customer Account will be automatically deactivated.
Customer Personal Data that allows Memorist to meet its accounting obligations is kept for a period of ten (10) years from the end of the relevant financial year.
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 Website. At the end of this three (3) year period, Memorist may contact the User and the Prospect again to find out if they wish to continue receiving commercial solicitations.
The Personal Data collected through cookies are kept for a period of thirteen (13) months from the date of their collection 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 to request its destruction. If the User does not request the destruction of his file, his Personal Data will be 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 the User, Prospect and Client
La législation en matière de protection de données personnelles accorde à l’Utilisateur, au Prospect et au Client plusieurs droits décrits ci-après.
The right of access allows the User, the Prospect and the Customer to have permanent access to their Personal Data.
The right of rectification allows the User, the Prospect and the Customer to update inaccurate or incomplete data concerning them.
The right to object allows the User, the Prospect and the Customer to object, for legitimate reasons, to the processing of their personal data.
The right to limitation allows the User, the Prospect and the Client to limit the processing of their Personal Data in 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 him/her that he/she has provided to Memorist, and to transmit them to another data controller, under the conditions provided for by the applicable law.
The right to erasure of data allows the User, the Prospect and the Customer to obtain the erasure of their Personal Data in cases restrictively listed by the law in force.
The User, the Prospect and the Customer may withdraw their consent to the processing of their Personal Data by Memorist at any time.
In addition, the User, the Prospect and the Customer also have the right to anticipate the fate of their Personal Data after their death, by defining directives (general or particular) regarding the conservation, deletion or communication of their Personal Data after their death.
The User, the Prospect and the Client are informed that they may freely designate a person to carry out their directives and that they may modify or revoke their directives at any time.
The User, the Prospect and the Client have the possibility to exercise their rights of access, rectification, deletion, opposition, limitation, portability, to define directives relating to the conservation, deletion or communication of their Personal Data after their death, and to 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@www.thememorist.com
Memorist will endeavour to respond to requests from Customers, Prospects and Users within a reasonable period of 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 necessary, 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 take legal action against Memorist before the competent courts if they find that Memorist has infringed their personal data rights. In the event of an infringement, the User, the Prospect and the Customer may claim full compensation for the damage 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 manner.
Article 6 – Security of Personal Data
6.1. Security and confidentiality measures
Memorist shall use its best efforts to take all appropriate measures to ensure the security and confidentiality of the Personal Data of Users, Prospects and Customers to prevent them from being damaged or distorted or from being accessed and misused by unauthorized third parties. If you believe that your Customer Account has been misused, please contact Memorist immediately at e.fremau@arkhenum.fr
Memorist implements technical and organizational measures to ensure appropriate security of Customer, Prospect and User Personal Data, including: 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 and firewall software; backup and encryption of Personal Data; Restricted access to servers via login and password and secure VPN; Regular assessment of the integrity of the protection measures; Encryption of computer communications to Memorist’s partners; Protection of current physical records; Storage of old physical records in a secure archive.
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 located in a country outside the European Union are listed in section 4.5 of the Privacy Policy. Memorist ensures that these transfers of Personal Data outside the European Union are made in accordance with its Privacy Policy. Where the non-EU country of destination of Personal Data has not been officially recognized as offering an adequate level of protection by the European Commission, Memorist undertakes to provide appropriate safeguards to protect the Personal Data of its customers, in accordance with Article 46 of the General Data Protection Regulation, including through the use of standard contractual clauses approved by the European Commission Memorist further ensures that Customers always have enforceable rights and effective remedies.