1 - GDPR AND Data Protection (Processing of Personal Data - Customers)

DATA ESSENTIAL has appointed a Data Protection Officer to ensure that your Personal Data are processed in the correct manner and in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data.

In case of any questions about the type of Personal Data we will process, we hold about you or in case of any request regarding your Personal Data, please send a written request to Cyril Audenard (Mail: c.audenard@linkbynet.com) who is our DPO and our Data Controller.  We will endeavor to respond to your request, but we reserve the right to reject such requests for access or to impose restrictions or requirements regarding such requests if required by applicable law.

1.1. What kind of Personal Data do we collect and process?

DATA ESSENTIAL collects Personal Data about you when you use our services, either online (including via email) or offline. This includes information you provide to us directly or indirectly through third parties. Those third parties include the following categories: the company you work for, or another company involved with a common project with DATA ESSENTIAL and the company you work for.

DATA ESSENTIAL may process any data you have communicated directly or indirectly. The Personal Data we request or collect may include your name, gender, email address, address, phone numbers, contact information that you may provide us by filling out forms to receive information, submit your questions, and register to our services. The collected information may be used to contact you directly concerning your requests. It may also include professional information, such as job title and other business or company information.

1.2. Purposes to process your Personal Data

The processing of your Personal Data is performed for the following purposes:

1.2.1 Project arrangement

Project arrangement includes managing your professional information such as address, telephone, mobile phone, email.

This processing includes also communication regarding the services your company has booked such as receiving a project confirmation email with your Personal Data that you provided to us, but also receiving status update and service communication by email or text message regarding the service organization.

1.2.2 Commercial information

Please note that you can always object to the processing of your Personal Data for business purposes, and to receive commercial communications by notifying the person contacting you. Please note that if you tell us that you do not wish to be sent further business communications, you may still receive service communications which are necessary, for example, to confirm a consultant schedule or to provide you with an update on the project status.

1.2.3 Administrative reasons

We may process your Personal Data for administrative reasons such as accounting, contacts update, or to serve for other purposes, as indicated at the time of collection, or when required or permitted by law.

1.3. Legal basis for the processing of your Personal Data

Depending on concerned processing operations, the processing of your Personal Data is based on one or several of the following conditions:

  • 1.3.1 you have given your consent to the processing of your Personal Data for one or more specific purposes (e.g. sending project updates, commercial contacts); or
  • 1.3.2 the processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract; or
  • 1.3.3 processing is necessary for compliance with a legal obligation to which DATA ESSENTIAL is subject.

If you fail to provide the requested Personal Data, this may entail that we will not be able to provide all or parts of the services you have requested. Please be aware that, in certain instances, you will not be able to receive information that you would need in order to manage the project you have booked.

If you have any questions or need more information regarding the legal basis we use to collect your Personal Data, feel free to contact us at the following address: c.audenard@linkbynet.com.

1.4. Who processes your Personal Data we collect?

The only people who will be required to process and access your Personal Data are the people whose function will require it in the context of the provision of services that will link you to DATA ESSENTIAL.

1.5. Transfer of Personal Data?

DATA ESSENTIAL intends to store and transfer Personal Data inside the European Union or in third countries being considered by the European Commission as having an adequate level of protection.

Please note that DATA ESSENTIAL may transfer your Personal Data outside of the European Union, as long as before transferring your Personal Data, DATA ESSENTIAL has ascertained that non-European Union entities, including group’s Affiliates, offer an adequate level of protection in accordance with European legislation.

Where the group has knowledge that a third party to which DATA ESSENTIAL has provided Personal Data is using or disclosing Personal Data contrary to this Privacy Policy or to applicable laws, the group will take reasonable steps to prevent or stop such use or disclosure.

You will have the opportunity to decide whether you authorize DATA ESSENTIAL to use your Personal Data for a purpose that is different from the purpose for which it was originally collected.

DATA ESSENTIAL will also disclose your Personal Data to third parties if we determine that such disclosure is necessary for technical reasons (such as hosting services by a third party) or to protect DATA ESSENTIAL’s legal interests (such as in the event of a sale of assets to a third company, or a change of control or a total or partial liquidation of DATA ESSENTIAL).

Additionally, DATA ESSENTIAL may share your Personal Data with the reseller assigned to you or in the territory where You are located for the purpose of DATA ESSENTIAL business. DATA ESSENTIAL may also share your Personal Data with business partners when DATA ESSENTIAL and the business partner sponsor an event together or participate in a marketing promotion together and in which you engage.

DATA ESSENTIAL may also disclose your Personal Data if required by law or if DATA ESSENTIAL believes in good faith that such disclosure is reasonably necessary to comply with legal process (for example, a warrant, a subpoena, or other court order) or protect the rights, property, or personal safety of DATA ESSENTIAL, our customers, or the public.

We may only disclose your Personal Data if you give us your consent. By signing the service contract with DATA ESSENTIALl, you agree that we can process and share your Personal Data as specified in this Privacy Policy.

1.6. How long do we keep your data for?

Your Personal Data will be retained for as long as required for the purposes described in this privacy policy or in so far as such is necessary for compliance with statutory obligations and for solving any disputes.

The retention periods DATA ESSENTIAL applies to take into account laws and regulations which impose a specific retention period for certain categories of data, as well as CNPD recommendations regarding certain types of data processing and in compliance with applicable law and the data retention policies of DATA ESSENTIAL and the group to which it belongs. These retention periods can go up to 10 years. We may also archive your data until the statutory limitation periods have expired (up to 30 years in some cases), provided that this is necessary for the establishment, exercise or defence of legal claims.

1.7. Request regarding your Personal Data and your Data Protection rights

DATA ESSENTIAL will take reasonable steps to ensure that the Personal Data collected is used for the purposes stated in this Privacy Policy and that such Personal Data is correct and up to date.

You have the right to request from DATA ESSENTIAL access to and rectification of your data, how we process your Personal Data and to obtain a copy of this Personal Data. Please note that where you request access to your Personal Data, we may request that, before the information is delivered, you specify the information or processing activities to which the request relates.

You have also the right, subject to conditions imposed by law, to request:

  • the erasure of your Personal Data;
  • the restriction of the processing concerning your data;
  • to object to the processing of your Personal Data;
  • the right to request the data portability of your Personal Data.

If you have provided your consent to the processing of your Personal Data you can at any time withdraw such consent. You may also object, free of charge, to the future processing of your Personal Data relating to you for the purpose of marketing purposes.

In order to process your request, we may ask you to provide to the following email address c.audenard@linkbynet.com with the following items:

  • your name;
  • the reason for your request: the right of access, rectification, erasure, objection, restriction or portability of your Personal Data or withdraw your consent if applicable;
  • the date of the request.

From the date that we receive the necessary above information, DATA ESSENTIAL will start to process your request. Please note that any missing information may delay the processing of your request.

In addition to the above, you have the right to lodge a complaint with a regulatory authority if you consider that our processing of your Personal Data violates applicable data protection law:

Commission Nationale pour la Protection des Données

1, avenue du Rock’n’Roll

L-4361 Esch-sur-Alzette

2 - How to contact DATA ESSENTIAL?

If you would like to contact us with any questions regarding our privacy, protection and privacy practices, please email us at c.audenard@linkbynet.com.

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