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Enterprise data leakage: protect your data, improve your security and avoid cyberattacks

June 16, 2022

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2023 Semkel AG

The purpose of this privacy policy is to inform you about how your personal data is processed by Semkel.

1. Contact details of the data controller

The person in charge of the processing is Semkel SA, registered with the RCS of Lyon under the number 894 689 975, whose head office is located at 37-39, rue Dubois-Crancé 69 600 Oullins.

2. Nature of the data processed

Semkel collects the following data:

Identity data: Civility, name, first name, date of birth, place of birth.
Contact data: Email, telephone, postal address.
Data related to the professional activity: Company name, company sector, function, diplomas.
Bank data: Bank details, SEPA direct debit, payment method, credit card number.
Data for monitoring the commercial relationship: Services purchased, publications made, history, exchanges and various communications.
Connection data: IP address of the requesting device connected to the Internet, date and time of access, name and URL of the file accessed, the browser used, the name of the access provider.

Some personal data that may be requested from you are mandatory. The mandatory nature of the data collected is indicated by an asterisk or other sign, the other data is optional. Failure to provide the required personal data will result in the impossibility of accessing the Semkel services for which they are required.

3. Sources of data

Your personal data is collected directly from you. It may also be collected from other sources:

Categories of indirectly collected data: sources
Connection data: Cookies

4. Purposes of data processing and legal basis

Semkel processes your personal data for the purposes detailed in the following summary table:

Goals	Legal basis	Category of data processed
Customer relationship management operation	The need to execute the contractual relationship with the customer or partner	Identity data, contact data, data related to the professional activity, data of follow-up of the commercial relation, banking data
Accounting and tax management: issuing of invoices, collection and accounting	The need to respect a legal obligation	Identity data, contact data, commercial relationship follow-up data
Complaints management, quality control/audit	The need to comply with legal and contractual obligations, the legitimate interest of Semkel to improve the quality of services offered by Semkel	Identity data, contact data and data for the follow-up of the commercial relationship
Retention of bank data	The need to comply with legal obligations under the monetary and financial code	Banking data
Response to a contact request on the contact form	Semkel's legitimate interest in developing its business	Identity data, contact data, business data
Sending Semkel emails	Your consent	Identity data, contact data
Management of requests for access, rectification and opposition rights	The need to comply with legal obligations	Possibly all data depending on the request
Analysis of connection data in order to identify trends in the use of the Site and to optimize it	Your consent	Connection data

5. Recipients

We only share your data when strictly necessary and only with the following third parties:

Internal recipients: authorized Semkel personnel from the marketing department, the accounting department, the sales department, the auditing department, the IT department, authorized personnel of Semkel's service providers in order to execute the purposes described above: e.g., accountant, IT department, hosting company, website maintenance provider, training provider.

External Recipients: Semkel may also disclose data to third parties when it is necessary to collect debts, investigate, prevent, take action regarding illegal activities, suspected fraud, situations that may involve potential security threats or if we believe, in our sole discretion, that your use of the Semkel.com website or Semkel services is in violation of the contractual documents binding us.

In addition, personal data may be disclosed to a third party if Semkel is required to do so by law or regulation, by court order or if such disclosure is necessary in connection with an investigation or proceeding in France or abroad.
As detailed in the Article "Cookies" below, some of your data are collected by the company Google Inc, whose servers are located in the United States. The transmission of data is done on the basis of Google's adherence to the Privacy Shield.

6. Place of treatment

Some of our service providers process your data outside the European Union, where data protection and privacy regulations do not provide the same level of protection as in other parts of the world, such as the European Union. Where data is transferred outside the European Union to a country that does not benefit from an adequacy decision of the European Commission, your data is adequately protected by standard contractual clauses approved by the European Commission or by any other mechanism recognized by applicable law.

7. Shelf life

Your personal data will be kept for the time necessary to achieve the purposes described above. However, the personal data allowing to establish the proof of a right or a contract, or preserved under the respect of a legal obligation, are archived in an intermediate way for a duration not exceeding the duration necessary to the purposes above mentioned.

Your purchase data is kept for a period of two years from the date of your last purchase. Thereafter, this information is archived for a period of 10 years.

Data relating to customer or partner contracts are kept for the duration of the contractual relationship, then archived for the applicable statute of limitations.

Personal data used for marketing purposes are kept for a period of two years from the end of the contractual relationship for customers, partners and freelancers or for two years from the date of collection by Semkel or the last contact for prospective customers.

Personal data related to complaints are kept for five years from the date of the complaint.

The data relating to the bank cards are kept in the form of archives for the purpose of proof in the event of a possible dispute of the transaction, for a period of 13 months following the date of debit or 15 months in the case of the use of deferred debit payment cards.

8. Your Rights

Semkel implements technical and organizational measures that it deems appropriate to prevent the unauthorized destruction, loss, alteration or disclosure of your personal data processed by Semkel.

9. Data security

You have a right of access, rectification, limitation of processing and portability on the information that concerns you.

You may also, for legitimate reasons, object to the processing of your data or request their deletion by Semkel. It is also possible to give us instructions on what to do with your data after your death.

10. Cookies

We use cookies on our website semkel.com. Cookies are files that are stored on your computer (laptop, tablet, smartphone, etc.) when you visit our website. Cookies are able to identify you as a customer and save your personal preferences as well as technical information.

We use these different cookies to :

to operate our site (mandatory technical cookies);
to measure the audience of our website: the statistical and audience measurement cookies allow us to measure the number of visits, the number of pages viewed as well as the activity of the users on the website and their frequency of return. The statistical data is collected via the Google Analytics tool and is then returned to Semkel in an aggregated and anonymous form in a web interface to which only Semkel has access. Google Analytics is a web analysis service provided by Google. It uses cookies to process statistics and traffic information, to facilitate navigation and to improve the service for the user's convenience. For further information on how Google treats your personal data in the context of tools such as Google Analytics, you can consult its privacy policy via the following link: https://policies.google.com/technologies/cookies.
to offer you personalized advertisements according to your navigation and your profile.

Your consent to the use of statistical and audience cookies and targeted advertising cookies is requested when you access the site for the first time. To make this choice, the user can "Accept" or "Decline" by clicking on the link available in the Cookies banner displayed when first connecting to the site.

You can change your choice at any time by clicking here.

11. Contact

To exercise your rights or if you have any questions about the processing of your data, you can contact us by writing to the following e-mail address: nous-contacter@semkel.com or by sending a letter to Semkel, Personal Data Protection Department, Semkel, 37, rue Dubois-Crancé 69 600 Oullins, and indicating your name, first name, customer number, e-mail address and postal address.

In the event of a dispute, a complaint may be lodged with the CNIL.

12. Changes to the Privacy Policy

Semkel reserves the right to change this privacy policy at any time. Users are invited to review the latest version of this document on the website and Semkel will notify them of any material changes through the website or through our usual communication channels.

The Semkel website accessible at semkel.com is operated by Semkel SA, a public limited company with a board of directors and a share capital of 2,702,000 Euros, whose registered office is located at 37/39, rue Dubois Crance 69600 Oullins, registered in the Lyon Trade and Companies Register under number 894 689 975.

The use of the Services and browsing on the Site as defined below implies the User's full and unreserved acceptance of these general conditions of use. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. Any User who does not agree to be bound by these terms and conditions must not use the Site or the Services.

1. Definitions

In this document, terms appearing with a capitalized first letter shall have the meanings given below:

"TOS" means these general terms and conditions of use.
"Customer" means any natural or legal person who has subscribed to the Semkel Services.
"Content" means all Content accessible on the Site.
"Services" means all Services of Semkel.
"User" means a Customer, a Visitor or a Contributor.
"Visitor" means any natural or legal person browsing the Site

2. Object

The purpose of the GCU is to define the terms and conditions of use of the Site. They are accessible and printable at any time by a direct link at the bottom of the home page of the Site.
They may be supplemented, if necessary, by the General Terms and Conditions of Sale which are specific. In the event of contradiction, the aforementioned special conditions shall prevail over the present GTC.

3. Access to the site and services

3.1. Access to the Site

The Site is accessible to any User, subject to restrictions on access or specific functionalities applicable or reserved for Users who have subscribed to certain Services under the conditions set out in these GCU.

The User is informed and accepts that access to the Site requires that he/she is connected to the Internet and that the quality of access to the Site depends directly on this connection, for which Semkel is not responsible.

3.2. Access to the Services

Access to the Semkel Services is subject to a fee, restricted to Customers who have subscribed to the Semkel Services, and subject to the specific terms and conditions set forth in the Semkel Terms and Conditions.

4. Obligations of users

The User undertakes and is responsible for the commitment of any of his or her staff to use the Site in compliance with these terms and conditions, in good faith and in accordance with the legislation in force.

Any fraudulent, abusive, illicit or dishonest use of the Site by the User is strictly forbidden. In particular, the User is prohibited from (i) reproducing, distributing, or publicly communicating the Content of the Site, other than within the framework of the right to short quotations of the Content which must, in accordance with article L.122-5 (ii) to transform or modify the Site or any Content without the prior written consent of Semkel, (iii) to engage in any activity that is unlawful, fraudulent, contrary to these TOU, to applicable law or to good faith, or that may prevent or hinder the proper use of the Site.

Furthermore, the User acknowledges and expressly agrees that it is strictly prohibited to use the Site for the following purposes: i) interrupting, suspending, slowing down or preventing the continuity of the Services provided by the Site, ii) any intrusions or attempted intrusions into Semkel's systems, iii) any misappropriation of Semkel's system resources, iv) any actions of such a nature as to impose a disproportionate burden on Semkel's infrastructure, iv) any infringement of security and authentication measures, v) any acts which may prejudice the financial, commercial or moral rights and interests of Semkel or other Users of the Website, and vi) in general any breach of these TOU or any practice which misuses the Website for purposes other than those for which it was designed.

5. Termination for fault of the TOS

In the event of a breach of any of the provisions of these TOU or, more generally, a breach of applicable laws and regulations by a User, Semkel reserves the right to take any appropriate action, including immediately suspending and/or terminating the User's access to the Services, deleting any Content posted on the Site, without prejudice to any legal action that Semkel may take to enforce its rights and claim any resulting damages.

6. Exclusion of warranty - Limitation of liability

Subject to the provisions of this Article and any applicable mandatory legal provisions, Semkel expressly disclaims any express, implied or statutory warranties with respect to any aspect of the Site, including but not limited to any warranty of merchantability or fitness for a particular purpose.

The User acknowledges that access to and use of the Website is dependent on the Internet network, the malfunctioning of which may lead to discontinuities in the availability of the Services beyond the control of Semkel. Semkel excludes any liability for the occurrence of such discontinuities in the provision of access to the Website and the Services.

Semkel shall not be liable for (i) any failure or malfunction of the Website caused by the improper handling or use of the User, (ii) any failure caused by the intervention of a User on the Website, or of any third party, (iii) any malfunction of the telephone network, (iv) any improper backup of the User's data, (v) any breach of the User's obligations. Semkel does not guarantee that the Website will function uninterruptedly, securely, accurately, punctually, without viruses or without errors.

Finally, Semkel may include links to third party websites. Semkel expressly excludes any liability for the conditions of access by Users to third party websites via links set up within the framework of the Site, nor for the content of the information provided on such third party websites by virtue of the activation of such links.

In any event, the User acknowledges and accepts that Semkel is bound by an obligation of means under these terms and conditions and undertakes to use its best efforts to comply with the commitments made hereunder and in particular to ensure continuity of access to the Site.

The User undertakes to notify Semkel of any malfunctioning of the Platform immediately after becoming aware of such malfunctioning to the contact details provided by Semkel so that Semkel can intervene as soon as possible to carry out the necessary maintenance measures.

Thus, Semkel undertakes to carry out any corrective or evolutionary maintenance operation outside of working hours, i.e. avoiding the hours between 8 a.m. and 8 p.m. on Working Days, and to inform the User with reasonable notice of any anticipated interruption of access to the Site.

The User acknowledges and agrees that Semkel may restrict, limit or suspend access to the Site as a result of a decision by an administrative, arbitral or judicial authority or as a result of changes in the regulations applicable to the business of Semkel. Semkel shall not be liable under these conditions.

In any event and notwithstanding the foregoing, Semkel's liability shall not exceed the limitations of liability set forth in the General Terms and Conditions of Sale.

7. Technical security and information

The User acknowledges and agrees that (i) viruses, worms, Trojan horses or other unwanted data or software, or (ii) unauthorized users (e.g., hackers) may attempt to gain access to and damage the User's data, computers or networks. Semkel shall not be liable for any such activities, whether such activities result from the use of the Site or from the User's activation of any hypertext links on the Site.

Semkel shall not be liable for any incident, damage, deterioration or event, which may occur as a result of access to and use of the Site and as a result of the downloading, storage, retention or use of any material or data by the User or of any third party program or software.

Likewise, Semkel shall not be liable for any technical difficulties, including, but not limited to, any difficulties in the compatibility of the programs, computer files and data provided or communicated by Semkel on the Site with the technical and computer environment of the User. The User is solely and exclusively responsible for his technical and computer environment. It is the User's responsibility to own and/or obtain any software, programs or technical or computer elements that allow the User to access and use the Site.

The User is solely responsible for his computer security, for which he undertakes to put in place all the necessary tools to detect, process and eliminate any malicious software, program or technical or computer element, including any software, program or technical or computer element that may affect the Site.

8. Intellectual Property

The systems, software, source codes, structures, infrastructures, databases and Contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) relating to the Site are the intellectual property of Semkel.

Semkel may also include links to contents published by third parties, which are and remain the exclusive intellectual property of such third parties.

The User shall not, directly, indirectly or through third parties, infringe, jeopardize or limit, by any means whatsoever, the intellectual property rights of Semkel or third parties to the Website and its Content.

Similarly, any reproduction, representation, adaptation, modification, translation, transformation, broadcasting, integration into another material, commercial or non-commercial exploitation and/or reuse in any way whatsoever of all or part of the elements making up the Site or its Content that does not comply with the terms of these TOS is strictly forbidden.

The User is granted a strictly personal, limited, non-exclusive, non-transferable, non-assignable right to use the Site free of charge, in order to use the Site in accordance with the GTU.

The User may not rent, sell, loan, sublicense, copy, modify, adapt, bundle, translate, decompile, disassemble, reverse engineer, or create derivative works based on all or part of the Site.

9. Modifications

Semkel may change the terms and conditions of the TOU at any time. Visitors may at any time take note of the new General Terms and Conditions of Use published on the Website.

10. Independence of the stipulations

If any provision of the TOS is found to be invalid under any applicable law or court order, it shall be deemed unwritten, but this shall not invalidate the TOS or affect the validity of the remaining provisions.

11. Applicable law and jurisdiction

The present GTU are governed by French law. In the event of a dispute concerning the validity, interpretation and/or execution of these GTU, the courts of Lyon will have exclusive jurisdiction to judge.