Laboratoires Brothier (“BROTHIER”) places great importance on protecting personal data. For this reason, BROTHIER provides you information about your personal data processing and privacy protection.
By using our website www.brothier.com
Who is the data controller for your personal data?
BROTHIER, a société par actions simplifiées (a French limited liability company), with share capital of €1,000,188, registered with the Nanterre RCS under number B 572 156 305, having its registered office at 41, rue de Neuillly – 92000 Nanterre, France, SIRET: 57215630500045, is the Data Controller for your Data and determines the end uses, and technical and legal resources for processing.
BROTHIER commits to take all technical and organizational measures necessary to guarantee secure processing that complies with the European Regulation of 26 April 2016 regarding private individuals’ data protection with regard to the processing of Data and the free circulation of such Data (hereinafter the GDPR).
What is personal data?
Data includes all information about an identified or identifiable private individual. This may be a last name, first name, an email address, a client number, a telephone number, or any other information related to a person.
Why do we collect personal data and on what legal basis?
GDPR specifies reasons for lawful collection and processing of an individual’s Data.
- Consent: you have given us clear consent to process your Data for specific purposes.
- Contract: some Data is necessary if we have a contract with you or to gather information required to establish a contractual agreement with you.
- Legal obligations: BROTHIER may be required to process Data for non-contract-based legal requirements.
- Legitimate interests: the processing of your Data is necessary for BROTHIER’s legitimate interests, such as offers to participate to events or trainings.
BROTHIER collects Data when you do any of the following:
- When you complete a contact form, register on the Site as a professional, register to receive a newsletter: we use your Data to respond to your specific demand. (Consent) You are entitled to withdraw your consent at any time by writing to the following email address: email@example.com
- When you send us an email: we use your Data to respond to your specific demand. (Consent) When you contact us as a vendor, or as part of requests for proposals to which we are responding, we process the Data of persons involved in the commercial relationship. (Contract)
On the phone, by mail:
- When you contact us by phone, SMS, letter, we use your Data to ensure that your request is processed and to deliver the requested information (documents) and samples to you. (Contract)
If you contact our Customer Service (or vice versa), we will use Data such as your contact history to process your request and provide you with the best possible service.
When you contact us as a vendor, or as part of requests for proposals to which we are responding, we process the data of persons involved in the commercial relationship.
- When you register and attend our meetings, participate in one of our training programs, or any other event that we organize, we use your Data to ensure the organization of such events, meet with you and improve the quality of our products and services by sending you, for example, a satisfaction questionnaire. (Consent and legitimate interests).
BROTHIER may also collect Data for the following legitimate interest:
- We may send you solicitations for products and services similar to those for which you have made a request for information or a sample, communicate about our activities, and offer you participation at events and training programs.
Photographs or videos will be taken during events in order to illustrate and provide information about BROTHIER’s activities via our marketing communication materials (publications, website, social networks, etc.). These photographs are non-targeted and non-identified. Persons wishing to object to the use of these photographs, films, and their images, are asked to contact us in writing at: firstname.lastname@example.org
Individual or targeted photographs are sometimes taken in order to illustrate our publications and invitations when you attend our events or when you participate as a speaker. In such cases, we will ask for your consent.
Brothier only processes Data insofar as is necessary for the purposes for which they have been obtained.
Finally, BROTHIER collects data to comply with Legal obligations:
- Transparency as provided by Act No. 93-121 of 27 January 1993 enacting Various Public Policy Measures (DMOS) known as the “anti-gift” Act.
- Sample tracking to ensure traceability of distributed batches and relevant contact information.
How long do we retain your Data?
We retain your Data for the period necessary to perform the operations for which they were collected as well as to comply with current laws and regulations.
To whom may your Data be transmitted?
Your data may be communicated to other companies belonging to BROTHIER for the aforementioned purposes.
To perform our services, we may subcontract all or part of some missions to operational and technical subcontractors who are bound to us by contracts, for example MeDok for authenticating healthcare professionals.
BROTHIER demands that its subcontractors comply with the laws and regulations respecting Data protection and that they present sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing complies with the requirements of applicable laws and regulations regarding Data protection and guarantees the protection of your rights.
We neither sell nor disclose, in any way whatsoever, the Data that we collect about you to third parties.
In certain circumstances, our Site and our applications will provide you with social plug-ins for different social networks. If you choose to interact with a social network website such as Facebook or Twitter (for example, by signing-in to an account), your activity on our Site or via our applications will also be accessible on your social network website. If you are connected to one of these social networks during your visit to our Site or applications or if you interact with one of the social plug-ins, the social network website may add this information to your profile as a function of your privacy settings. If you wish to prevent this type of data transfer, please sign out of your social network account before accessing our Site or applications, or modify the privacy settings on the application, if possible. Please read the privacy policies for these social networks for detailed information about the collection and transfer of personal information, for information about your rights and about the way that you may create satisfactory privacy settings.
Data will not be transferred to countries that do not have an adequate level of protection in line with GDPR.
What are your rights?
1 – Right of access
You have the right to consult your Data at any time and free of charge by sending an email to email@example.com or a letter addressed to BROTHIER’s headquarters: 41, rue de Neuilly – 92000 Nanterre
2 – Right of correction
You have the right to require that incorrect Data be corrected and that inappropriate Data, or Data that has become useless be erased by sending an email to firstname.lastname@example.org or by sending a written request by mail to BROTHIER’s headquarters: 41, rue de Neuilly – 92000 Nanterre
Please note that you are required to verify the accuracy of the Data that you provide to us, at all times.
3 – The right to be forgotten
When you no longer want your Data to be processed and you find yourself in such condition as to ask for the right of erasure, we will remove your Data from our database.
4 – The right to portability
To the extent needed, you are also entitled to the portability of your Data in such conditions as are provided by the applicable laws and regulations concerning Data protection.
5 – Right to object
You have the right to oppose any use of your Data for prospecting purposes. You can assert your right to object either through automated processes provided to this effect in the emails that are sent to you or, by default, by sending an email to this end to the following address: email@example.com
6 – Right to limit processing
Finally, you have the right to limit the processing of your Data by BROTHIER, in accordance with the applicable Data protection laws and regulations.
7 – Image rights
As part of his missions and activities, Brothier takes photos, videos and sound recordings. These images and sounds are taken by Brothier’s communications department, or by external service providers. They are carried out in compliance with the image rights and the protection of the personal data of the persons concerned.
For this, Brothier:
- Informs the persons concerned of taking photos and videos and of the possibility of refusing them (either on the written request for authorization, or orally with the communication manager or external service providers).
- Request the express authorization of the person to take photos, sounds or individual or small group videos, that is to say up to 3 recognizable people.
- Request for written authorizations for any distribution of photography, video or sound recording presenting or recording identified persons. These authorizations will specify the names of the people, the dates and places of the requests for image or voice capture and as much as possible the duration for which they are requested. They define the purposes for which they are requested as well as the planned operating modes.
- Secures the use of the equipment when taking pictures / sound and transfers the captured elements to one or more fixed and secure supports as soon as they have been collected.
- Informs the persons concerned that the photographs, sound recordings or videos cannot give rise to any remuneration or consideration in any form whatsoever, except in the event of a contractual agreement.
Brothier expressly prohibits himself from carrying out an exploitation likely to damage the reputation, dignity or privacy of the persons photographed, and from using these photographs, videos, sound recordings on any media of defamatory or pornographic nature, sexist, racist, xenophobic or any other exploitation prohibited by the laws and regulations in force.
The possible commercial use of the images and sounds captured by Brothier or by its service providers working on Brothier’s account, either as a primary purpose or as a possible purpose, will be indicated on the authorization requests.
Within the framework of an editorial and historical project, everything will be done to obtain the consent of the persons concerned, provided that the material and technical constraints allow it.
At the end of their current period of use, a selection will determine the records intended to be kept and those, without administrative utility or of scientific, historical, statistical interest, intended to be eliminated.
In any event, the photos, video recordings and sound recordings of groups thus selected are kept securely in the establishment’s photo and video libraries for periods compatible with the recommendations made by the heritage code for use public documents.
The photos, videos and sound recordings of groups will then be automatically available at the expiration of 50 years after the date of registration (French heritage code, L213-2, paragraph 3).
The digital media for individual photos, videos or sound recordings of Brothier employees, which must be the subject of an authorization request, are sorted and stored in the same way.
The authorizations are kept by the departments concerned during their period of current use and will then be placed in the archives.
It may be requested at any time the communication or even the deletion of photos or recordings and be objected to its use, provided that the material and technical constraints allow it.
Brothier, as producer of the audiovisual work created, exercises all of the exploitation rights attached to it, which remains his exclusive property.
Texts and reference documents
- 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
- Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, amended by Law No. 2018-493 of June 20, 2018 relating to the protection of personal data
- French Intellectual property code
- Frenche Civil Code, in particular article 9, on respect for private life
- French Heritage Code, articles L212-1 to L212-10 and L.213-2
To exercise all rights relating to the image or to share recommendations or comments as well as for any questions, the communications department can be contacted by email at the following address : firstname.lastname@example.org
Information about children
As a general rule, we do not intentionally collect Data about children under 15 years of age. If we discover that, inadvertently, we have collected Data about children under 15 years of age, we will take steps to remove such information as soon as possible, except if applicable law requires that we retain it.
When we know that a child is older than 15 years of age, but is considered a minor under applicable law, we will obtain authorization from a parent or guardian prior to using the Data of that child.
Links to other websites and services
Our Site may contain links to third party sites, and some of our services provide access to third party services (such as social networks).
We do not control the way that such third-party websites and services process your Data. We do not verify and are not responsible for their websites, their services, or their privacy practices. Please read the privacy statements for the third-party websites or services that you access from our Sites or services.
We have developed adequate organizational and technical security rules so as to avoid the destruction, loss, falsification, modification, unauthorized access, accidental communication to third parties, as well as any other unauthorized processing of the Data.
Limitation of liability clause
BROTHIER’s liability shall be limited to direct damages, excluding any indirect damages. BROTHIER may never be held liable for damages deemed indirect such as, but not limited to, loss of Data, economic damages, commercial damages, lost profits, increased overhead, disrupted planning.
Furthermore, BROTHIER cannot be held liable for any damage resulting from an illegal act committed by third parties on the Data (Data theft, virus, phishing or other computer infractions).
We also wish to inform you that connections to the Site may contain hypertext links and other references towards other websites that we do not administer and do not control and over which these provisions do not apply. We are not responsible for the content of these websites nor for their offers, products, and services. We encourage you to read the privacy policies of all websites that you visit as these policies may differ from the ones described here.
How to contact the Data Protection Officer?
If you believe that we are failing to meet one of our legal and/or contractual obligations, we ask that you contact us. We will do our best to ensure that you receive an answer as quickly as possible.
The data controller, BROTHIER, has designated a Data Protection Officer, who is specifically charged with independent monitoring of the internal application of the rules for protecting and managing your Data and collaborating with the French National Data Privacy Commission.
You have the right to file a complaint concerning the processing of your Data by BROTHIER with the Data Protection Officer:
- by writing a letter to the Data Protection Officer, 41, rue de Neuilly – 92000 Nanterre
- or to email@example.com
In the event that our response does not offer you satisfaction, you have the right to file a complaint with the French national data privacy commission (CNIL) : https://www.cnil.fr/fr/agir
Applicable Law and Competent Jurisdiction
These provisions shall be governed, interpreted, and performed pursuant to French law, the only applicable law in the case of a dispute.
IN THE EVENT OF LITIGATION RELATING TO THE VALIDITY, PERFORMANCE, OR INTERPRETATION OF THIS CHARTER, COMPETENCE IS EXPRESSLY ATTRIBUTED TO THE COURTS OF PARIS, even in the event of joint or multiple defendant(s), for emergency or summary proceedings, for any ex parte motions, EXCEPT FOR CASES WHERE PUBLIC POLICY ATTRIBUTES EXCLUSIVE COMPETENCE TO A DIFFERENT JURISDICTION.
The policy was created and took effect on 16 May 2019. We reserve the right, at our sole discretion, to change, modify, add, or remove, at any time, parts from this policy.