Notice concerning the protection of personal data

(Professional Customers)

 

1. Customer obligations

   • Within the scope of the Contract, the CUSTOMER, as Data Controller, and FIDUCIAIRE WBM, as Subcontractor, mutually undertake to comply with the Law.
   • The CUSTOMER is primarily responsible for ensuring the legality of Processing activities. Consequently, the Customer is obliged to:
     • To transmit to FIDUCIAIRE WBM clear instructions and sufficiently documented;
     • Keep a record of Processing activities under its responsibility;
     • Implement technical and organizational measures to ensure a sufficient level of protection of Personal Data. In doing so, the CUSTOMER must take into account the nature, extent, context and objectives of the processing, as well as the risks of violating the rights and freedoms of the Data Subjects. These measures should be reviewed and adapted when necessary;
     • Respect the rights of the People involved;
     • Obtain the approval of the competent supervisory authorities, when necessary;
     • Notifying the Personal Data Violation to the supervisory authority
     • competent and, when applicable, to the People involved, in accordance with the provisions of the Law;
     • Carry out, when appropriate, an impact assessment related to data protection.

2. Obligations of FIDUCIAIRE WBM

   • To the extent required by the execution of the Contract, the processing of Personal Data by FIDUCIAIRE WBM, will be exclusively on behalf and according to the CUSTOMER's instructions, in accordance with the terms of the Notice. If FIDUCIAIRE WBM reasonably believes that an instruction constitutes a violation of the Law, it informs the CUSTOMER immediately.

3. Confidentiality

   • FIDUCIAIRE WBM treats Personal Data as confidential information and refrains from disclosing Personal Data, except in accordance with the CUSTOMER's instructions or under other requirements provided by law, in any competent regulatory body and / or court decision. In any case, FIDUCIAIRE WBM must (i) do what is reasonably possible to advise the CUSTOMER before this disclosure and, in any case, immediately after (ii) take all possible measures to limit the disclosure of Personal Data to the strictest necessary to fulfil this obligation.
   • FIDUCIAIRE WBM will ensure that confidentiality obligations are imposed on all personnel responsible for processing Personal Data, as well as on its own subcontractors, if necessary.

4. FIDUCIAIRE WBM subcontractor (s)

   • FIDUCIAIRE WBM does not subcontract any of its Customer Data Processing operations without informing the CUSTOMER. When FIDUCIAIRE WBM calls on subcontractors to assist it in the execution of data processing operations, it guarantees these subcontractors the commitment to maintain adequate guarantees for the processing of this data in accordance with the law.

5. Security

   • FIDUCIAIRE WBM implements a reasonable set of technical and organizational measures to guarantee a data security level and/or Data Processing of the CUSTOMER adapted to the state of knowledge, costs of implementation, scope, context and objectives of Processing, as well as risks identified.
   • Security measures aim to (i) protect Personal Data against destruction, accidental or illegal loss, alteration, unauthorized disclosure of Data transmitted, stored, processed or unauthorized access to such Data, accidentally or illegally and (ii) guarantee a level of security adapted to the risk, including, among other things and as needed (these categories of measures are indicative):
     • Security of human resources;
     • Awareness and training in security and data protection;
     • Safe treatment of media (storage, transfer and availability);
     • Logical access control;
     • Physical and environmental security;
     • Cryptography;
     • The IT service management process (security incident management, management changes etc.);
     • Separation of development, test and operational environments;
     • Protection of test data;
     • Protection against malware;
     • The establishment of backup;
     • Registration and monitoring;
     • Management of technical vulnerabilities;
     • Network security;
     • Systems acquisition, development and maintenance;
     • Compliance and security auditing.

6. Rights of data subjects

   • FIDUCIAIRE WBM assists the Customer in an appropriate manner with respect to processing the responses to be provided to requests from the persons involved. FIDUCIAIRE WBM reserves the right to charge for this service.

7. Notification in case of data breach

   • In the event of a personal data breach, both parties must notify each other as soon as possible.

8. Deletion or refund of personal data

   • By CUSTOMER Instruction (unless the legal provision and/or reversibility service previously negotiated in the Contract) FIDUCIAIRE WBM undertakes to restore or permanently erase all CUSTOMER Data when all legal debts are finally settled.

9. Audits

   • FIDUCIAIRE WBM makes available to the CUSTOMER all the necessary information to demonstrate, within the contract structure, the fulfilment of the obligations provided for by law to allow an audit to be carried out by the CUSTOMER or any other auditor he has mandated, and for contributing to these. audits.