This document governs, in conjunction with the Online Shipping Request, Pickup Request, Order Form, and documents referenced, YOUR USE OF THE TEO LOGISTICS SERVICE.
BY CHECKING THE BOX ON THE WEBSITE INDICATING YOUR ACCEPTANCE AND/OR BY SIGNING A PICK-UP REQUEST, QUOTE, OR PAPER ORDER FORM REFERRING TO THIS DOCUMENT, YOU FULLY AND UNRESERVED ACCEPT ITS PROVISIONS.
Article 1 - DEFINITIONS
For the purposes of this Agreement, the term: "Client": means the organization (company, local authority, association, etc.) which has requested the opening of an account with the company TEO LOGISTICS for the use from the TEO LOGISTICS service; this organization is usually your employer or a client of your employer. The Client acts as a GED controller with respect to the Documents and the data they contain when it concerns data of a personal nature. By extension, the Client designates, where applicable, any End User whose access has been created by or under the authority of said Client.
“Terms of Use”: refers to these terms of use of the Service (including any document expressly included by reference in these terms,). any special conditions indicated by TEO LOGISTICS and any modification of the general/particular conditions.
“Hosted Content” : designates all information, in whatever form, made available online, that is to say by internet access to a remote server.
“Document”: designates all digital information, collected, recorded and managed under a unique name on a storage space and whose storage involves the definition of a specific format.
“Data”: refers to all the elements that you can deposit on Your Space, dematerialized documents in a format complying with the conditions required by the Service. The Data thus received may be kept on Your Space for a period determined contractually with you.
“Personal Data”: means all information relating to an identified or identifiable natural person (referred to as a “data subject”); an "identifiable natural person" is a natural person who can be identified, directly or indirectly, by a natural person or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data , an online connection, or to one or more elements specific to one's physical, physiological, genetic, psychological, economic, cultural or social identity. Examples: last name, first name, telephone number, email address and all other contact information. Data linked to the person concerned: order history, digital journey, connection IP address, etc. Personal Data may also be referred to below as DCP or Personal Data.
“Storage Space”: the space made available to you by TEO LOGISTICS at the following address: https://www.TeoLogistics.com/fr/ TeoLogistics and allowing storage at distance from your Data in accordance with the Terms of Use.
“Electronic Document Management (EDM)”: describes an IT service by which Documents are downloaded, processed and managed on disk storage space.
“Invite”: third parties that you authorize to consult your Data on your Storage Space.
“Update”: means improvements to existing features and the addition of new features, provided by TEO LOGISTICS in the form of regular periodic releases.
“Member”: natural person or legal entity engaged in a contractual relationship of subcontracting the Service on behalf of the subscriber of a subscription to the Service, in particular TEO LOGISTICS as as subcontractor and its Client as data processing manager.
“JIS COMPUTING”: JIS COMPUTING, a company registered in the Pontoise Trade Register under number 484 875 513, which acts as a subcontractor within the meaning of the General Protection Regulations Datas. Regarding. the T&Cs contained in the documents, and as the person responsible for processing the T&Cs concerning you.
“Server”: designates the digital infrastructure, secure, managed and administered by JIS COMPUTING or its service providers on which customers. Resellers transfer their hosted content via their TEO LOGISTICS access.
“Service”: refers to the services provided to you by TEO LOGISTICS under the TEO LOGISTICS brand. The Services include,
• basic services such as the right to classify Data. on the Storage Space according to the terms defined by the selected commercial offer,
• optional services as agreed.
Subscription to the Service is made by signing this contract, which implies unreserved acceptance of these conditions and communication by you of the required information.
“Software as a Service (SaaS)”: means software distributed to the End User as a service.
“Traceability”: the Service ensures the traceability of the various operations on the Storage Space. Traceability elements are recorded in an operations log. For identifications and shipments, transmission and reception of data carried out. As part of traceability operations, JIS COMPUTING complies with the requirements
“End User” : designates a person, in particular an employee of the Client, for whom access to TEO LOGISTICS has been created in the form of a unique password associated with an address email provided by the Customer.
“You” : any person who has accepted these general conditions of use of the TEO LOGISTICS Service.
Article 2 DESCRIPTION OF THE SERVICE
JIS COMPUTING is the publisher of TEO LOGISTICS, a logistics and electronic document management solution that it distributes as a SaaS (Software as a Service) offer. This software allows the End User to manage Content Hosted in the form of Documents using functionalities such as searching, viewing, exchanging and distributing these Documents. The documents submitted by the Customer within TEO LOGISTICS may contain any type of information, in particular Personal Data (DCP) within the meaning of the General Data Protection Regulation (GDPR).
JIS COMPUTING has no way of knowing or predicting what types of data are or will be present in the documents that its clients file in TEO LOGISTICS. The range of features of TEO LOGISTICS may be modified when an Update is published by JIS COMPUTING as part of its service.
2.1 Purpose of the Service
The main objective of the service is the computerized management of Documents filed with TEO LOGISTICS, offering in particular:
• indexing and search functions allowing the use of criteria defined by End Users to retrieve documents meeting these criteria
• functions for reading data contained in documents
• functions for exporting or transferring data read from documents, including in structured form for transfer to third-party software or services.
2.2 Elements of the Service
Although it is impossible to list all the elements that make up the Service,. JIS COMPUTING specifies that the Service includes the following elements:
1. Access to hosted data storage:
a. The storage capacity is defined according to the type of document accepted by TEO LOGISTICS
b. For an unlimited number of users
2. Replication of data stored on three different servers, securing this data using tools such as a firewall, data encryption (during the transfer of documents from the customer's space to their TEO LOGISTICS space and to the TEO LOGISTICS space itself) and control of the digital fingerprint of the document.
3. Online access to the Documents via a web browser, on a computer, smartphone or tablet, in particular via a web interface.
4. Consultation of the Documents using a visualization tool allowing visualization approaches (zoom, page scrolling, change of angle, etc.)
5. Access to numerous features for the distribution and exchange of hosted documents, including:
a. Sending by e-mail of one or more Documents hosted within TEO LOGISTICS
b. Sharing one or more Documents via an access link
6. Extraction of data included in document indexes, particularly in Excel or CSV format
7. Service administration features, including:
a. Filtering access to documents based on their indexes
b. Filtering access to all the functionalities available in TEO LOGISTICS
c. Creation of new End Users
8. Automatic updating of versions throughout the usage period
9. Maintenance of the service throughout the life of the service.
Article 3 PURPOSE
The purpose of these General Conditions of Use is to determine the conditions under which you benefit from the TEO LOGISTICS Service as described in article 2, to which You connect, in particular by means of the https:/ interface /www. TeoLogistics.com/fr/ TeoLogistics.
You are informed that this service is reserved for the storage and provision of Data free of rights or for which You hold the rights of reproduction, communication and making available to the public subject to exceptions specific to the law of author.
Article 4 YOUR OBLIGATIONS
You must be 18 years of age or older to order or use the Service, and by agreeing to these terms you confirm that you are at least 18 years of age. It is your responsibility, before validating these General Conditions of Use, to check the compatibility of your computer equipment with the Service offered.
You must at least be equipped with the following computer and telecommunications equipment, without which you will not be able to access the Service, namely:
- a computer or terminal (smartphone, tablet, etc.) with a high-speed internet connection.
- a latest generation browser, the latest generation being strongly recommended, or the TEO LOGISTICS mobile application, executable on a smartphone or tablet.
Equipment, telephone communications costs and Internet access, as well as any authorization necessary in this regard, are your responsibility or that of the Customer who created your access to TEO LOGISTICS. It is your responsibility to be properly equipped, in particular with regard to computing and electronic communications, to access the Site and the Service, and to take all appropriate measures to protect your data stored on, from or to your computer equipment. You agree not to disrupt the proper functioning of the Site and/or the Service in any way, including by transmitting anything that may contain a virus or cause other damage or affect the Site and /or the Service, and, more generally, the information system of TEO LOGISTICS and/or its co-contractors. You acknowledge that you know and understand the Internet and its limits, and in particular, its functional characteristics and technical performance, the risks of interruption, the response times for consulting, querying or transferring information, the risks, whatever they may be, inherent to any data transfer, particularly over an open network. In order to guarantee the confidentiality of Stored Data, TEO LOGISTICS. You will be asked when configuring the Service to identify yourself using a code. This code is strictly personal. You agree to keep it and not share it with anyone.
You are solely responsible for the consequences resulting from the communication of your personal code to a third party, without prejudice to any damages that TEO LOGISTICS may claim from you for the damage suffered.
You will ensure that your Guests comply with the provisions of this article. Your Guests will need to identify themselves with a username and password. This password is confidential. You agree to inform your Guests about this and to release JIS COMPUTING and TEO LOGISTICS from any liability with regard to the use of this identifier by Your Guests or by any other person authorized or unauthorized to access the Service.
You acknowledge that the Service is intended to be used under normal and reasonable conditions of use. You agree to use the Service strictly in accordance with the law. You agree not to knowingly transmit, download, share, send to external recipients or to your Data Storage Space any Data containing viruses or any other code or similar program that may interrupt, destroy or corrupt a program , a computer or a means of electronic communication or to limit its functionality. You represent and warrant that any Data complies with applicable laws, regulations and/or uses, as well as the rights of third parties. In particular, you undertake not to transmit Data:
- which may constitute an apology for crimes against humanity or war crimes;
- likely to undermine respect and dignity for the human person, equality between men and women, and the protection of children and adolescents, including the manufacture, transport and dissemination of messages of a violent, pornographic or pedophile nature;
- contrary to public order or morality;
- threatening, abusive, harassing, defamatory or insulting;
- constituting an act of counterfeiting, unfair competition or parasitism;
- causing or allowing the provocation of discrimination, hatred or violence because of origin, sex, state of health, political or union affiliation ;
- infringing on privacy;
- including, but not limited to, computer viruses or any other code or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- encouraging the commission of crimes, offenses or acts of terrorism;
- encouraging the use of banned substances;
- violating the secrecy of correspondence;
- allowing a third party to directly or indirectly obtain pirated software, software allowing acts of hacking and intrusion into computer and telecommunications systems and, in general, any software or other tool allowing harm to the rights of others and the safety of people and property;
- You further undertake to strictly comply with the provisions of the Intellectual Property Code;
- You agree not to modify, attempt to modify or interfere in any way with the Server or the Service and not to use any software or any other type of computer program intended to produce or make available protected or non-freely accessible content. It is also prohibited to create a work or site derived from all or part of this Service. In this regard, it is recalled that:
• ANY REPRODUCTION AND/OR COMMUNICATION AND/OR MAKING AVAILABLE TO THIRD PARTIES OF A WORK WITHOUT HOLDING THE CORRESPONDING RIGHTS CONSTITUTES THE OFFENSE OF COUNTERFEITING PENISHED BY ARTICLES L.335-2 ET SEQUEL OF THE INTELLECTUAL PROPERTY CODE.
• IN ACCORDANCE WITH ARTICLE L.335-4 OF THE SAME CODE, PAYABLE TO THREE YEARS' IMPRISONMENT AND A FINE OF 300,000 EUROS, ANY FIXATION, REPRODUCTION, COMMUNICATION OR UPDATING THE DISPOSITION OF THE PUBLIC, REGARDLESS OF THE FINANCIAL OR FREE CONSIDERATION, OR ANY TELE BROADCAST OF A PERFORMANCE, PHONOGRAM, VIDEOGRAM OR PROGRAM, MADE WITHOUT AUTHORIZATION, WHEN REQUIRED , OF THE INTERPRETER, THE PRODUCER OF PHONOGRAMS OR VIDEOGRAMS OR THE AUDIOVISUAL COMMUNICATIONS COMPANY.
Article 5 OUR COMMITMENTS
5.1 Hosting
JIS COMPUTING implements all reasonably possible technical means to ensure secure hosting of storage servers and the Data they contain against any malicious intrusion (hacking, data theft, etc.). All sites hosting the storage servers and Data are located on French territory. You are informed that the Service does not integrate or provide protection against viruses. JIS COMPUTING strongly advises you to install antivirus software on your computer terminal capable of identifying and destroying infected files. Under no circumstances can JIS COMPUTING be held responsible for the consequences of downloading a file infected by a virus.
5.2 Restitution and reversibility of data
JIS COMPUTING implements all reasonably conceivable means to ensure the restitution on your computer equipment or on any other similar or compatible computer equipment, of the Data that you have stored on your Storage Space as soon as possible, subject to the correct operation of the Internet network and in the absence of service interruption necessary for maintenance, repair or development operations. At any time during the term of the service, you have the possibility to download and recover all of your Data archived in TEO LOGISTICS.
JIS COMPUTING will have fulfilled its restitution obligation when all the Data mentioned in the previous paragraph is made available to you on the Internet. This is the principle of reversibility of the service. Optionally and at the customer's request, the Data may be returned to the customer in their entirety, at any time, in accordance with the following technical and financial conditions:
- The Data will be returned in the original computer format in which it was submitted
- The Data will be restored on a CD-Rom, a USB key, according to your choice and technical feasibility.
- JIS COMPUTING reserves the right to invoice the time spent by its staff in setting up this restitution, the cost of the IT support on which the Data will be transferred as well as the cost of the sending this support by registered letter with acknowledgment of receipt.
5.3 Data destruction
You are informed that TEO LOGISTICS will destroy all of your data stored on its servers 30 days after the date on which you terminate this contract.
5.4 Data transfer
JIS COMPUTING implements all reasonably possible means to ensure the transfer of the Data that you have selected to the computer of the client that you have invited and/or the possibility for the client to consult the files to which you have granted him access, subject to the proper functioning of the Internet network and in the absence of interruption of the service made necessary by maintenance, repair or development operations.
5.5 Data confidentiality
Subject to applicable legal provisions, JIS COMPUTING implements all reasonably conceivable technical means within the framework of a Service involving both storage and provision of Data, to guarantee and respect the strict confidentiality of the existence and content of files and Data stored through the Service, within the limits of article 6.1 below. In particular, the Documents are encrypted with a client-specific encryption key so that only people with access to the client's Storage Space (its Virtual Cabinet) can access them. Thus, neither TEO LOGISTICS nor other TEO LOGISTICS clients are able to access the content of the documents filed in the Firm of a given client. The client or an end user may nevertheless authorize temporary access to his Cabinet in particular to the JIS COMPUTING teams for assistance purposes. Details of TEO LOGISTICS' privacy policy are available on its websites.
Article 6 RESPONSIBILITY
As a user of the Service, you agree to use it on behalf of the customer who subscribed to said Service and under whose responsibility your access was created. You agree to use the Service only in accordance with its instructions or in relation to the missions entrusted to you by the latter. Your responsibility is the same as that of the customer towards TEO LOGISTICS. The customer may, where applicable, take legal action against you in the event of a violation of these General Conditions or any failure on your part.
6.1 Obligation of means on Data
JIS COMPUTING, in its capacity as subcontractor custodian of the Data, undertakes to return, in their entirety, the Data hosted, within the framework of an obligation of means. He specifies that he is insured for his civil liability with a known insurance company on site and undertakes to provide the customer with a certificate justifying this insurance.
6.2 Response to specific needs
JIS COMPUTING does not guarantee that the Site and/or the Service will meet your specific needs or expectations. Likewise, JIS COMPUTING is not able to guarantee that no error, other malfunction or user problem will occur when using the Site and/or the Service.
JIS COMPUTING does not guarantee that the results and information obtained are free from errors or any other defects. JIS COMPUTING is bound, with regard to the provision of the Service, by an obligation of means.
Under no circumstances will JIS COMPUTING be liable for damages such as: financial or commercial losses, losses of customers, commercial disruptions, etc. loss of profits, loss of brand image, loss of computer programs suffered by you and which could result from the non-execution of these terms and conditions, which are, by mutual agreement, deemed to be indirect damages. JIS COMPUTING will not be liable for indirect damages, even partially, due to a total or partial execution of your obligations, as well as indirect damages, even if it was aware of the possibility of occurrence of such damages.
JIS COMPUTING assumes no responsibility for delays, alterations or other errors which may occur during the transmission of packages from the Site when these events result from the use of networks or your go. JIS COMPUTING is not responsible for the unavailability of networks (software or hardware) which are not entirely under its direct control, nor for any modification, suspension or interruption of the distribution of the Service, as well as for the continuity, continuity, conformity, compatibility or performance thereof or lack of bugs.
You acknowledge and accept that the Internet or any other network used for the transmission of stored Data may be saturated and/or that the Data exchanged by the network may be misused and, therefore, you discharge JIS COMPUTING and. TEO LOGISTICS of any liability in this regard. Likewise, JIS COMPUTING and TEO LOGISTICS cannot be held liable in the event of interference by third parties in the communication and transmission systems you use or malfunction or interruption of the Service due to negligence.
Article 7 INTERRUPTION OF SERVICE
You are informed and accept that all or part of the Service may, for reasons of repair, development or maintenance, be temporarily interrupted. JIS COMPUTING cannot be held responsible for the consequences resulting from any interruption linked to maintenance or development operations. JIS COMPUTING will make every effort where necessary to restore the Service as quickly as possible. As far as possible, JIS COMPUTING will inform you of any foreseeable interruption of the Service exceeding 24 (twenty-four) hours.
Automatic interruption on the part of TEO LOGISTICS:
In the event of violation of the terms of these General Conditions of Use, of any misuse of the functionalities of the Service, TEO LOGISTICS will be entitled to automatically interrupt the Service by simple email, without You being able to request any compensation in this respect. Your Data will then be permanently deleted from JIS COMPUTING's servers within 30 days without You being able to claim any damage in this regard.
In the event that TEO LOGISTICS is informed of the use of the Service for the purposes of storing Data contrary to the laws and regulations of France or the State from which You access the Service, TEO LOGISTICS will be entitled to proceed immediately upon interruption of the Service, without notice. You will then be informed by email. Your Data will then be permanently deleted from the servers within 30 days without You being able to claim any damage in this regard.
Article 8 INTELLECTUAL PROPERTY
JIS COMPUTING is the sole owner of the software(ies) created by it necessary for the operation of the Service and of any related documentation. Intellectual property rights, in particular of use and exploitation, relating to other elements of the Service may have been acquired by JIS Computing or conferred on JIS COMPUTING, in particular rights of use and exploitation of software elements “open source”.
JIS COMPUTING grants you a right to use the software(s) whose use is strictly limited to the proper functioning of the Service. This right of use cannot be detached from this Service. JIS COMPUTING reserves the exclusive right to carry out any intervention on this software, both for maintenance and for interoperability with any other program or hardware.
Article 9 FORCE MAJEURE
TEO LOGISTICS cannot be held responsible for the partial or total non-performance of its obligations or any delay in the execution of these, if this non-performance or this delay was caused by the occurrence of events unpredictable, reasonably irresistible and external. Expressly, the following cases are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals: total or partial strike, lockout, riot, civil unrest, insurrection, civil war or foreign, nuclear risk, embargo, confiscation, capture or destruction by any public authority, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, damage to waters, governmental or legal restrictions, legal or regulatory changes to forms of marketing, blocking of electronic communications, including electronic communications networks, a shutdown or incident of machinery, one or more computer viruses, an attack by one or more pirates, and all cases not foreseeable by JIS COMPUTING, calling into question the norms and standards of its profession and any other case beyond the control of the parties preventing the normal execution of the obligations arising from this Contract.
JIS COMPUTING will inform the customer of any delay resulting from force majeure and will take all measures to try to remedy it. If the delay caused by force majeure exceeds ninety (90) days, either party may terminate this Agreement. Payment will remain due for obligations already fulfilled and the parties will settle their accounts accordingly, without being able to claim any compensation of any kind whatsoever.
Article 10 PROTECTION OF YOUR PERSONAL DATA
The information collected about you, in particular from the forms and documents allowing you to create access to the service, is necessary to provide the service as defined above. This information is subject to computer processing intended for TEO LOGISTICS to ensure the proper functioning of the TEO LOGISTICS service. TEO LOGISTICS is the sole recipient of the data collected. They are stored on servers located in France.
TEO LOGISTICS undertakes not to communicate the data that You communicate to it, in particular via forms, to any third parties whatsoever, except to its subcontractors, to people who, because of their function, are responsible for processing Your data and in the event of a request from legally authorized authorities. In accordance with current regulations, you have rights regarding your data:
• The right to information
When personal data concerning you is collected directly from you, TEO LOGISTICS provides you, at the time the data in question is obtained or before it is obtained, a whole series of information. This information is notably contained in these General Conditions, and in particular:
- The purposes of the processing are to provide you with a Computerized Document Management service in SaaS mode as defined in Article 2 above.
- The categories of Personal Data concerned are: the email address used to connect to the Service, and data relating to your connection (IP address of your terminal, technical details of your browser, in particularly for the purposes of adapting visual interfaces)
- Your Personal Data is kept during the subscription period which binds the Customer who created your access, increased by 30 days
- The existence of the rights below:
• The right of access (article 15 of the GDPR)
You have the right to obtain from TEO LOGISTICS confirmation that Your personal data are or are not processed and, when they are, You have the right to obtain access to said data as well as to a a certain amount of additional information. This right also includes the right to obtain a copy of the data that is being processed.
• The right of rectification (article 16 of the GDPR)
You have the right to request that your data be rectified or completed as soon as possible.
• The right to erasure or “right to be forgotten” (article 17 of the GDPR)
You have the right to request the erasure of your data as soon as possible. You are informed that if you exercise this right, You will no longer be able to connect to the Service and, subsequently, that You will no longer be able to use it.
• The right to limitation of processing (article 18 of the GDPR)
You have the right, in certain cases provided for by law, to obtain from TEO LOGISTICS the limitation of your data. When such a limitation is requested, JIS COMPUTING will no longer be able to store the data. No other operation can, in principle, take place on your personal data. You will therefore no longer be able to use the Service if You request the exercise of this right.
• The right to data portability (article 20 of the GDPR)
You have the right to retrieve the data that You have provided to the data controller, in a structured, commonly used and machine-readable format, and You have the right to transmit this data to another data controller, e.g. to be able to change service provider.
• The right to communicate a personal data breach (article 34 of the GDPR).
The data controller is obliged to notify You of data breaches likely to expose You to a high risk to your rights and freedoms.
• The right to lodge a complaint with a supervisory authority (article 15 of the GDPR).
You can lodge a complaint with the CNIL in France, if you consider that Your rights have not been respected or that processing carried out within the framework of the Service is likely to harm You.
You can exercise these rights by sending an email using the contact form to the address https://teologistics-stage.jiscomputing.com/fr/contact or by contacting TeoLogistics by post to TEO LOGISTICS, 175 RUE DE CHANTAROT 38210 VOUREY - France
11.1 Purpose
The purpose of this article is to define the conditions under which JIS COMPUTING, the Subcontractor, undertakes to carry out on behalf of the Client, the Data Controller, who created Your access to the Service, the operations processing of personal data defined below. As part of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable from May 25, 2018 (hereinafter, “the European Data Protection Regulation” or the GDPR).
For the execution of the Service, JIS COMPUTING (hereinafter “the Subcontractor”) makes available to You, as an End User acting under the authority of the Data Controller (the Client who created your access to the Service), the following necessary information:
11.1.1 Service offered by TEO LOGISTICS to its customers
This service is described in Article 2 above.
11.1.2 Purpose of the processing carried out by the Subcontractor
JIS COMPUTING, the Subcontractor is authorized to process on behalf of the Client, the Data Controller, the personal data potentially included in the documents that the Data Controller files within TEO LOGISTICS. The nature of the operations carried out on the data is defined in the article – DESCRIPTION OF THE SERVICE above.
The purpose of the processing carried out by JIS COMPUTING is the computerized management of the documents of the Client Responsible for Processing, online (in a cloud computing infrastructure, Cloud Computing). The potential subsequent purposes for which the Client Responsible for Processing processes the personal data potentially contained in the documents it files within TEO LOGISTICS are determined by said Client Responsible for Processing. These purposes may be, for example and without limitation, the management of orders, the administration of the services of a local authority, the management of litigation files, the management of personnel or human resources, etc.
11.1.3 Personal Data processed within the framework of the subcontracting contract
The categories of personal data processed within the framework of the service are not determined by JIS COMPUTING but by the Client Responsible for Processing. Indeed, this is data present in the documents deposited in TEO LOGISTICS by the Client, and JIS COMPUTING has no control over the decision that the Client makes to deposit documents in TEO LOGISTICS nor any means of determining or predict what data these documents contain or will contain. The Data Controller is the only Party capable of determining and documenting said categories of personal data.
11.1.4 Categories of people concerned by personal data in the context of subcontracting
Similarly, the categories of people concerned by the DCP present in the documents filed in TEO LOGISTICS by the Client Responsible for Processing are not determined by JIS COMPUTING but by the Client, Responsible for Processing. The Client is the only Party capable of determining and documenting said categories of data subjects.
11.1.5 DCP retention period under the subcontracting contract
Similarly, the retention period of DCP potentially contained in documents filed in TEO LOGISTICS and/or indexed by TEO LOGISTICS is not the responsibility of JIS COMPUTING but of that of the Client, Data Controller. The Customer is the only Party capable of determining and documenting said retention period.
11.1.6 Obligations of JIS COMPUTING, the Subcontractor, towards the Client, the Data Controller
The Subcontractor undertakes to:
11.1.6.1 Purpose
Process personal data possibly contained in documents filed by the Customer in TEO LOGISTICS only for the sole purpose(s) which is/are the subject of the subcontracting (Purpose of the Service , see above).
11.1.6.2 Compliance
Process the data in accordance with the provisions of these general conditions and/or any contract binding the Parties, or, where applicable, the documented instructions of the Data Controller accepted by both Parties. If the Subcontractor considers that an instruction given to it by the Data Controller constitutes a violation of the GDPR or any other provision of Union law or the law of the Member States relating to data protection, it shall inform the Data Controller diligently and spontaneously. In addition, if the Processor is required to transfer data to a third country or to an international organization, under Union law or the law of the Member State to which it is subject, it must inform the Data Controller of this legal obligation before processing, unless the relevant law prohibits such information for important reasons of public interest.
11.1.6.3 Confidentiality
Guarantee the confidentiality of personal data processed under this contract and in particular ensure that the persons authorized to process personal data under this contract:
• undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality
• receive the necessary training in the protection of personal data.
11.1.6.4 Privacy by Design
Take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default.
11.1.6.5 Suppliers
The Subcontractor is authorized to use any supplier making it possible to make the Service operational (hereinafter, the “Suppliers”), in particular to carry out the following processing activities: Server hosting, data center operators , cloud computing solution providers, backup solution providers, access to an Internet or similar data network, document personalization service, etc.
Any Supplier is required to comply with the obligations of this contract on behalf of and according to the instructions of the Data Controller. It is the responsibility of the initial Subcontractor to ensure that the Supplier provides the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the European data protection regulation. If the Supplier does not fulfill its data protection obligations, the Subcontractor remains responsible to the Data Controller for the Supplier's performance of its obligations.
11.1.6.6 Right of information of the persons concerned
It is the responsibility of the data controller to provide information to the persons concerned by the processing operations at the time of data collection. The Subcontractor may provide the Client with standard notices and provisions in order to help him convey information to the persons concerned that the personal data concerning them may be subject to processing by the Subcontractor. .
11.1.6.7 Exercise of individual rights
As far as possible, the Subcontractor must help the Data Controller to fulfill its obligation to respond to requests to exercise the rights of the data subjects: right of access, rectification, erasure and opposition, right to limitation of processing, right to data portability, right not to be subject to an automated individual decision (including profiling). The Data Controller has full control over personal data in relation to the persons concerned and the Subcontractor makes its best efforts to implement technical and organizational measures enabling the Data Controller to carry out its duties. obligations to respond to requests to exercise the rights of data subjects.
11.1.6.8 Notification of personal data breaches
The Subcontractor notifies the Data Controller of any violation of personal data within a maximum period of 72 hours after becoming aware of it and by any appropriate means, in particular one of the following means: email, telephone call, written letter , fax, SMS, etc. This notification is accompanied by any useful documentation to enable the Data Controller, if necessary, to notify this violation to the competent supervisory authority as well as to the persons concerned.
The notification contains, as far as possible:
• description of the nature of the personal data breach including, where possible, the categories and approximate number of individuals affected by the breach and the categories and approximate number of personal data records concerned;
• the name and contact details of the data protection officer or other point of contact from whom further information can be obtained;
• description of the probable consequences of the personal data breach;
• description of the measures taken or that the Subcontractor proposes to take to remedy the personal data breach, including, where applicable, measures to mitigate the possible consequences negative. If and to the extent that it is not possible to provide all such information at the same time, the information may be provided in a staggered manner without undue delay.
11.1.6.9 Assistance from the Subcontractor in the context of compliance by the Data Controller with its obligations
The Subcontractor assists and advises the Data Controller in carrying out impact analyzes relating to data protection. The Subcontractor may also help and advise the Data Controller in carrying out the prior consultation with the supervisory authority.
11.1.6.10 Security measures
With regard to the documents deposited in TEO LOGISTICS, the Subcontractor undertakes to implement the following security measures:
- document encryption;
- the means to ensure the constant confidentiality, integrity, availability and resilience of processing systems and services;
- the means to restore the availability of personal data and access to them within appropriate time frames in the event of a physical or technical incident;
- a procedure aimed at regularly testing, analyzing and evaluating the effectiveness of technical and organizational measures to ensure the security of processing.
11.1.6.11 Data output
At the end of the provision of services relating to the processing of this data, the Subcontractor undertakes to:
At the choice of the Data Controller:
- destroy all Customer data, including personal data or
- to return all data, including personal data to the Data Controller or
- to return the personal data to the Subcontractor designated by the Data Controller Article 11 CONFIDENTIALITY OF PERSONAL DATA CONTAINED IN DOCUMENTS FILED IN TEO LOGISTICS
11.1.6.12 Data Protection Officer
The Subcontractor communicates to the Data Controller the name and contact details of its data protection delegate, if it has designated one in accordance with article 37 of the European data protection regulation, or of any other person or service performing similar functions on behalf of the Subcontractor. This person or service can be contacted on the website via the “Contact us” section.
11.1.6.13 Register of categories of processing activities
The Subcontractor declares to be able to produce a register of all categories of processing activities carried out on behalf of the Data Controller including:
- the name and contact details of the Data Controller on whose behalf he acts, any Subcontractors or suppliers and, where applicable, the data protection officer;
- the categories of processing carried out on behalf of the Data Controller;
- recipients of personal data, including service providers, suppliers and subcontractors;
- where applicable, transfers of personal data to a third country or to an international organization, including the identification of this third country or international organization and, in the case transfers referred to in Article 49, paragraph 1, second subparagraph of the European Data Protection Regulation, documents attesting to the existence of appropriate guarantees;
- where possible, a general description of the technical and organizational security measures, including among others, as necessary:
• the encryption of documents deposited in TEO LOGISTICS;
• means to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
• means to restore the availability of data, including personal data, and access to them within appropriate time frames in the event of a physical incident or technical;
• a procedure aimed at regularly testing, analyzing and evaluating the effectiveness of technical and organizational measures to ensure the security of the processing.
11.1.6.14 Documentation and information
The Subcontractor makes available to the Data Controller the information or documentation necessary to demonstrate compliance with all its obligations and to enable audits, including inspections, to be carried out by the Data Controller or a other auditor he has mandated, and contribute to these audits.
11.1.7 Obligations of the Data Controller towards the Subcontractor
11.1.7.1 Information of data subjects
The Data Controller undertakes to inform the persons concerned of the fact that the personal data concerning them which are contained in documents may be stored in a TEO LOGISTICS Electronic Document Management solution and that processing such as optical indexing and reading then storage of this data can be carried out within the TEO LOGISTICS Electronic Document Management solution.
11.1.7.2 Legality
The Data Controller undertakes, when submitting a document in TEO LOGISTICS which contains personal data, to do so only lawfully, that is to say when:
1. The document is necessary for the execution of a contract to which the data subject is a party or for the execution of pre-contractual measures taken at the latter's request (sale, service, order, quote, etc.)
2. the data subject has consented to the processing of his or her personal data for one or more specific purposes, and this consent has been obtained in the terms and in accordance with the obligations of the GDPR, in particular after having received clear information on the purposes and in a manner positive (no pre-checked consent box for example)
3. the processing or document is necessary for compliance with a legal obligation to which the data controller is subject, in particular the preparation and storage of invoices or pay slips;
4. the processing or document is necessary to safeguard the vital interests of the data subject or of another natural person;
5. the processing or document is necessary for the execution of a mission of public interest or relating to the exercise of public authority vested in the Data Controller;
6. Processing or documentation is necessary for the purposes of the legitimate interests pursued by the controller or a third party, unless overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, particularly when the person concerned is a child.
11.1.7.3 Sensitive Data
When the documents it files in TEO LOGISTICS potentially contain sensitive data within the meaning of the GDPR, the Data Controller undertakes to do so lawfully, that is to say in one of the cases provided for by the GDPR and which are recalled below. In this case, the Data Controller undertakes either to deposit these documents in a digital safe optionally offered within TEO LOGISTICS or to carry out a possible impact analysis and to take charge of possible corrective measures which must be put in place following said impact analysis.
More generally, the Data Controller undertakes to assume full responsibility for submitting documents in TEO LOGISTICS containing sensitive data within the meaning of the GDPR.
The GDPR considers as sensitive data personal data which reveals racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as genetic data, biometric data for the purposes of uniquely identify a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person. National identification numbers (NIR or INSEE numbers in France) are also considered sensitive data, as well as data relating to criminal convictions and offenses.
The processing of such data is only possible in the following cases:
1. the data subject has given explicit consent to the processing of those personal data for one or more specific purposes, except where Union or Member State law provides that such consent cannot be given by the data subject concerned person ;
2. the processing is necessary for the purposes of the performance of the obligations and the exercise of the rights specific to the controller or the data subject in matters of labor law, social security and social protection, insofar as that processing is authorized by Union law, by the law of a Member State or by a collective agreement concluded under the law of a Member State which provides appropriate guarantees for the fundamental rights and interests of the individual concerned;
3. processing is necessary to safeguard the vital interests of the data subject or of another natural person, if the data subject is physically or legally incapable of giving consent;
4. the processing is carried out, within the framework of their legitimate activities and subject to appropriate guarantees, by a foundation, an association or any other non-profit organization and pursuing a political, philosophical, religious or trade union purpose, provided that the said processing is relates exclusively to members or former members of the said organization or to persons maintaining regular contact with it in connection with its purposes and that personal data are not communicated outside of this organization without the consent of the persons concerned;
5. the processing concerns personal data which are clearly made public by the data subject;
6. the processing is necessary for the establishment, exercise or defense of a legal right or each time courts act within the framework of their judicial function;
7. the processing is necessary for reasons of important public interest, on the basis of Union law or the law of a Member State which must be proportionate to the objective pursued, respect the essence of the right to data protection data and provide for appropriate and specific measures to safeguard the fundamental rights and interests of the data subject;
8. the processing is necessary for the purposes of preventive medicine or occupational medicine, the assessment of the worker's working capacity, medical diagnoses, health or social care, or the management of systems and health care or social protection services on the basis of Union law, the law of a Member State or under a contract concluded with a health professional and subject to the conditions and guarantees referred to below ;
9. the processing is necessary for reasons of public interest in the field of public health, such as protection against serious cross-border threats to health, or for the purposes of ensuring high standards of quality and safety of healthcare and medicinal products or medical devices, on the basis of Union or Member State law which provides for appropriate and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;
10. the processing is necessary for archival purposes in the public interest, scientific or historical research purposes or statistical purposes, on the basis of Union law or the law of a Member State which must be proportionate to the objective pursued, respect the essence of the right to data protection and provide appropriate and specific measures to safeguard the fundamental rights and interests of the data subject.
What is more, sensitive data may be subject to processing, if these data are processed by a health professional subject to an obligation of professional secrecy in accordance with Union law, the right to a Member State or the rules adopted by the competent national bodies, or under its responsibility, or by another person also subject to an obligation of secrecy in accordance with Union law or the law of a Member State or the rules adopted by the competent national bodies.
The processing of personal data relating to criminal convictions and offenses or related security measures, may only be carried out under the control of the public authority, or if the processing is authorized by the law of the Union or by the law of a Member State which provides appropriate guarantees for the rights and freedoms of the data subjects. Any complete register of criminal convictions can only be kept under the control of the public authority.
11.1.7.4 Compliance with GDPR obligations
The Data Controller undertakes to respect the obligations of the GDPR and to ensure, beforehand and throughout the duration of the processing, compliance with the obligations provided for by the European regulation on data protection on the part of the Data Controller. Treating. In particular, the Data Controller undertakes, if he is obliged to do so or if it is strongly recommended, to keep a register of processing mentioning in particular, with regard to the processing which he carries out or which is carried out on his behalf on personal data: the purposes of the processing, the categories of personal data, the categories of data subject and the retention period of the personal data.
11.1.7.5 Supervision
The Data Controller undertakes to supervise the processing, including, if appropriate, carrying out audits and inspections of the Processor. In the event that such audits and inspections are carried out, the Data Controller undertakes to make available to the Subcontractor the results of said audits and inspections and to allow the Subcontractor to transmit them to its customers and prospects or to make them public.
11.1.7.6 Instructions given to the Subcontractor
The Data Controller undertakes to document in writing any instructions concerning the processing of data by the Subcontractor.
11.2 Obligations common to the Parties
The Parties undertake individually and mutually to comply with the text of the GDPR available on the website of the European Commission, and with any applicable national regulations which relate to the processing of personal data. These regulations will be binding on this Agreement and will supplement or prevail, where applicable, over all provisions of this Agreement.