Ambition Africa 2020 - Privacy Policy

PREAMBLE

1. Business France is the national agency supporting the international development of the French economy, responsible for fostering export growth by French businesses, as well as promoting and facilitating international investment in France. Its activities are listed in Article 1 of Decree No. 2014-1571 of December 22, 2014.

2. Business France was founded on January 1, 2015 by the Order n°2014-1555 of December 22, 2014 through a merger between UBIFRANCE, the French Agency for international development and Invest in France Agency.

3. Business France, including its foreign offices, offers its clients a wide range of products and services commercialized in various forms, such as online sales.

4. Such products and services are designed mainly, but not exclusively, for professional clients.

5. The client hereby represents that he has obtained all information required to use Business France’s products and services.

GENERAL TERMS

DEFINITIONS

6. For purposes of these general terms and conditions of sale, the following terms shall have the meaning set forth below:

“subscription”: subscription of the client to a service proposed by Business France, which is performed successively, such as the hotline, the access to the ProAO database (international projects and call for bids), the International monitoring letters, the Country Briefs, …;
“database”: set of organized information and data designed and realized by Business France in order to be used by the client ;
“passed for press”: validation by the client of the last impression of the document realized by Business France, before complete proof ;
“purchase order”: document that, if required due to the nature of the products or services or modalities of the order, summarizes the characteristics of the product or service ordered ;
“client”: any individual or legal entity, consumer or professional, buying products and services from Business France;
“order”: act by which the client orders products and services from Business France;
“consumer”: individual not acting as a professional trader;
“contract” means all contractual documents refers to article 12;
“related contractual document”: document which does not includes legal conditions and which, if required due to the nature of the products or services or modalities of the order completes, but does not prevail over, these general terms and conditions of sale as well as the particular terms and conditions of sale such as purchase orders, registration forms, subscription forms, …;
“events”: all events organized by Business France or in which Business France is involved, such as trade shows (exhibitions, pavilions,…etc.) and other events of any nature (seminars, symposiums, forums, workshops, meetings,…etc.);
“B to B meeting”: includes Business France services such as: market discovery, Buyers’ meeting, Forum Affairs, etc.
“individual services”: By opposition to the collective services, the individual services are those parameterized with regard to needs expressed by the Customer (MP, TSO, Studies, Monitoring, Direct marketing, etc.)
“services”: all Business France services, such as studies, consulting, direct marketing, organization of events,provision of data bases…;
“products”: all products commercialized by Business France, such as editorial products (books, CD-ROMs, DVDs), directories, download documents…;
“professional”: any person acting in the course of his business activities;
“website”: interactive electronic service exploited by Business France on the Internet network;
“Business France”: national agency supporting the international development of the French economy and its foreign offices.

PURPOSE

7. This document constitutes the general terms and conditions of sale applicable, barring exception duly reminded by Business France, to all of the business products or services of Business France, and no other documents, such as clients’ general terms of purchase, brochures, catalogues… shall apply.

SCOPE

8.These general terms and conditions of sale do not apply to:

the relations ruled by Law n°2000-242 of 14th March 2000 relative to international internships (VIE) (“Volontariat International en Entreprise”) concerning the VIE himself/herself, on one hand, and concerning Business France and the French host entity, on the other hand ;
professional travels and stays.

9. The order of any products and services from Business France including services relating to VIE contractual relations implies the unreserved agreement by the client to these general terms and conditions of sale.

10. For each order, the client shall be deemed to have read and accepted these general terms and conditions of sale and, where applicable, any related contractual documents.

11. The client acknowledges that he is perfectly aware of the fact that the acceptance of these general terms and conditions of sale does not require his handwritten signature or a formal agreement and that such acceptance takes place when the order his placed which, depending on the circumstances, shall be materialized in:

a purchase on site (e.g.: when participating in an event);
the confirmation by a click of an order placed online by the client;
other (subscription form, signature of a purchase order, registration form, etc…).

CONTRACTUAL DOCUMENTS

12. The contractual documents are, in decreasing order of priority:

Particular terms and conditions of a service;
these general terms and conditions of sale;
the related contractual documents if required due to the nature of the products or services or the modalities of the order.

13. The related contractual documents shall be deemed to include no legal provisions, but only information related to the order (price, quantity, denomination of the products or services, indicative delivery date...).

14. Notwithstanding the foregoing, in case of discrepancy between documents of different nature or rank, the parties expressly agree that the provisions contained in the document with the higher rank in the order of priority shall prevail with regard to the conflicting obligations.

TERM/EFFECTIVE DATE

15. These general terms and conditions of sale apply from the date of the order and throughout the performance of the order.

16. As a rule, the applicable general terms and conditions of sale are the version of the terms and conditions of sale posted online on Business France website and in force at the time the order is placed.

17. That version shall prevail over any other subsequently modified versions, except that the modifications taking into account statutory and regulatory changes shall apply immediately to any ongoing order.

18. However, notwithstanding the foregoing, for the services involving a successive performance, Business France reserves the right to modify from time to time the general terms and conditions of sale as it would deem appropriate or useful, and such modifications will be applied immediately.

19. In such case, Business France agrees to inform without delay the client of the content of such modifications by any means as it may choose.

20. If the client disagrees with the new general terms and conditions of sale, he may terminate his order within a period of thirty (30) days without being entitled to claim any compensation whatsoever in that respect. Otherwise, the new general terms and conditions of sale shall be deemed accepted in their entirety.

TIMETABLE

21. The time periods indicated for the performance by Business France of its commitments are indicative, except for those related to the organization of events.

22. Any time period begins to run the day following the day where the fact constituting the starting point of the time period occurs.

23. When the time period is expressed in days, day shall mean calendar day, and the time period shall expire at the end of its last day.

24. All time periods stated in these general terms and conditions of sale are expressed according to the French calendar.

PRIOR INFORMATION

25. The client acknowledges that he has requested, obtained and received all necessary information and/or all additional information required to place his order with full knowledge of the facts.

26. The client further acknowledges that he is aware of the nature, intended use and terms of use of the products or services offered. It is the exclusive responsibility of the client to check that the products or services ordered meet his needs; the client shall therefore be solely liable for the choice he makes and Business France will not be held liable therefor.

27. It is the exclusive responsibility of the client to ensure that the products and services he orders are offered in, and in compliance with the laws of, the country where he is established.

ORDER

28. The client certifies that the contractual information given for the order is accurate.

29. Depending of the products and services, orders may be concluded by electronic signature via an approved Business France service provider or by handwritten signature.

30. Any order (whether completed on line via electronic signature or not) constitutes a firm and irrevocable commitment from the client and may not be challenged. Any order cancellation, at any time, shall give rise to the Business France August 2019 payment of the entire service except any particularity mentioned in these general terms and conditions of sale or in any special conditions.

31. Business France reserves the right to refuse, cancel or suspend any order in the following events:

the client does not pay the sums due for one or more orders and/or if there is a dispute about the payment of a previous order;
the client does not (or does not anymore) meet the eligibility criteria to order products or services from Business France;
the client did not supply the information, documents or elements of any nature he was asked to supply for the proper performance of the order, or failed to comply with one or more of his obligations;

Concerning the eligibility criteria for the assistance to the international development of companies and to exports, it is necessary to distinguish:

* General terms of eligibility or “access” based on:

the France based activity of the line of business which requests Business France; i.e the legal entity is registered in France.
the contribution of this activity to French economy and Business France’ aims.

These two general terms are cumulative.

* Particular terms of eligibility to a (or a type of) service or product based on:

The vocation of the product or the service concerned;
The nature of the product or the service concerned

These conditions are either cumulative, or alternative, in between them.

The particular terms, when implemented, cumulate with the general terms of eligibility pointed out herebefore.

To enable Business France to appreciate the eligibility of the client to his services, taking into consideration terms above mentioned, the client brings the elements of analysis necessary to it, informs Business France of any change of situation that can affect his eligibility, and agrees to be subjected to Business France impact evaluation in filling the questionnaires of satisfaction and impact.

Failing this, Business France will be founded to pronounce, automatically and at any time, the ineligibility of the client.

32. Business France agrees to inform the client as soon as possible in case the products or services ordered are unavailable.

ONLINE SALE

33. The following paragraphs of this clause only apply to products ordered online on Business France website https://www.businessfrance.fr/

34. The order process includes the following steps:

step 1: choice of the products or services;
step 2: filling out of the mandatory data fields related to contractual information;
step 3: filling out of the user name and password;
step 4: check of the order and correct any errors;
step 5: confirmation of the order and the total price VAT included, freight charges included;
step 6: acceptance of the general terms and conditions of sale (and waiver of the right of withdrawal in connection with editorial products for consumers only in accordance with Article L221-28-13 of the Consumer Code);
step 7: payment;
step 8: confirmation of the order by Business France.

35. It is the responsibility of the client to store on the medium of his choice the contractual information

transmitted by Business France.

36.When it is a consumer and in compliance with article L213-1 of the French consumer code, Business France keeps the written record of the order for an amount greater than or equal to 120 euros for a period of ten years from the delivery of the order concerned and guarantees access to it at any times during the same period.

37. The client can access to a summary statement of the order, in printable version, on his personal space accessible on Business France website by entering his user name and password.

38. The client may save and download these general terms and conditions of sale by clicking on the following link: http://www.businessfrance.fr/mentions-legales/

39. If Business France does not accept the order and the payment, including in case of unavailability, the order shall be deemed cancelled and the client shall not be entitled to any compensation therefor.

40. The technical means used to identify errors are stated on Business France website.

41. The client is informed that Business France may not be held liable in case of damage caused during a payment made online, which are of the exclusive liability of the banking institution concerned.

42. The information posted online on Business France website in relation to products and services is not updated in real time. Business France cannot therefore warrant its accuracy. The client shall be exclusively responsible for the use he makes of such information and agrees to ask Business France to confirm it.

43. Business France will strive to publish accurate and updated information and correct errors reported to it as faras possible.

44. It is the responsibility of the client to take any appropriate measures to protect his data and equipment from virus and attempts to intrude in his computer system by third parties via the service.

45. The client acknowledges that his equipment is connected to the Internet network under his sole responsibility and, as a result, that Business France may not be held liable for any damage that may arise during his connection. Consequently, based on the foregoing, the client knowingly waives any action against Business France related to one or more of the above facts or events.

46. The client shall be exclusively liable for the tangible or intangible damage caused by himself or one of his employees to Business France website when using the service.

47. Business France reserves the right to modify, suspend, restrict or interrupt, without prior notice, access to all or part of the service, including in particular the content, functionalities or availability hours

QUALITY IMPROVEMENT

50.Business France makes available to its clients a service in charge of gathering all suggestions, observations and complaints regarding quality.

51. For reasons of efficiency, any suggestion or observation should be sent to Business France within three (3) months after the delivery of the products or the end of the services, at the address below:

Business France

Service client

2, place Laurent d’Arvieux

Business France August 2019

CS 60708

13572 Marseille cedex 02

PRICE

52. The prices related to an order of products and services are those indicated at the time of the order, except the cases described in article 53 hereafter.

53. Business France indicates the total amount of the order in euros, with and without VAT, freight charges included for the delivery of the products.

54. Prices are stated in euros, with and without VAT, and are those prevailing on the day of the order. If the client asks for the realization of an order (globally or in a part) more than 6 (six) months after he/she has signed it, the price(s) is(are) updated as of the day of its demand.

55. Generally, orders are payable in euros, whatever their origin.

56. Prices are fixed without taxes and increased by the taxes, including VAT, prevailing on the date of the delivery of the good or the date of the realization of the service. Any other taxes not listed in the initial order will be paid by the client. Pursuant to directive (EC) n°2008/8, transposed by French law (article 102 LF 2010 n°2009-1673 of 2009, 30 December), the applicable VAT rules are as following:

If the Client domiciled in France, the French VAT is applied;
If the Client domiciled in a State member of the European Union and has an intracommunity VAT number, no VAT is applied; if he/she does not have an intracommunity VAT number, then the French VAT is applied;
If the Client domiciled abroad, out of the territory of the European Union, no VAT is applied.

Any change in the applicable VAT rate shall automatically be passed on to the prices indicated.

57.When the customer receives, as part of a service, financial support from a third party, Business France will inform him of the European exemption regulation and the applicable conditions. The client then undertakes to certify his situation with regard to it and Business France.

58.Business France and the client agree that article 1195 of the French civil code does not apply to their contractual relationship. Therefore, an unforeseen change of circumstances when concluding the contract will not affect the agreed price except by express agreement of both parties.

PAYMENT AND INVOICING

59. Business France determines the invoicing terms specific to each product or service. Business France reserves its rights notably to ask for an advance payment and/or to apply a variable fee in all or in part if agreed with the client in the commercial proposal, the order or the particular conditions of sale.

60. Unless otherwise specified, payment shall be made no later than thirty (30) days net after the date of the invoice and without discount. All claim related to the invoice must be made in the fifteen (15) days after the receipt of the invoice, in writing to the following address:

Business France

Service client

2, place Laurent d’Arvieux

CS 60708

13572 Marseille cedex 02

After this period, the invoice will be considered as totally accepted by the client and no later claim will be take into account by Business France.

61. Invoices are payable:

by credit card (Carte bleue, Visa, Eurocard/Mastercard);
by bank transfer on Business France’s account on the basis of the following bank details:

TRESOR PUBLIC

Code banque (bank code): 10071

Code guichet (sort code): 75000

N° de compte (account number) : 00001000018

Clé RIB: 26

BIC (Bank Identification Code): TRPUFRP1

IBAN (International Bank Account Number): FR76 1007 1750 0000 0010 0001 826

by check made payable to: Business France – Agence comptable, and sent at the address below:

Business France

Agence comptable

2, place Laurent d’Arvieux

CS 60708

13572 Marseille Cedex 02

PENALTIES

62. Failure by the client to pay the amounts on their due date shall result, as of right and without prior notice, upon due date, in immediate payability of the amounts due and in the invoicing of an interest equal to the interest rate applied by the European central bank to its most recent refinancing operation increased by ten (10) percentage points, payable the day the payment is due.

63. Any professional delaying the payment becomes automatically debtor to Business France, in addition to the penalties for late payment, of a fixed allowance for recovery costs of forty (40) euros according to articles L441- 10 and D441-5 of the French commercial code. Business France reserves the right to claim an additional compensation justifying having spent more than forty (40) euros for recovery costs.

RETENTION OF TITLE

64. Business France retains full and complete title to the products sold until payment in full of the price.

65. Payment in full of the price means the collection by Business France of the price, expenses and taxes included.

AUDIT

66. The mission of Business France is to help French companies installing and developing abroad as well as to promote and facilitate international investment in France. The products or services it commercializes should be used strictly in line with these missions.

67. Accordingly, Business France reserves the right to audit in such manner as it may deem fit whether the products and services are used by the client in strict compliance with those objectives.

68. If such audit shows that the client has breached his obligations, Business France reserves the right to suspend the performance of the order or to refuse a future order.

INTELLECTUAL PROPERTY

69.The information, documents, texts and elements of any nature, distributed or transmitted to the client by Business France or to Business France by the client, including the elements posted on Business France website, belong to the disclosing party and are protected by intellectual property worldwide.

70. As a rule, nothing in these general terms and conditions of sale shall be construed as transferring to the receiving party any of the intellectual property rights in the elements belonging to the disclosing party.

71. In accordance with the provisions of the French Intellectual Property Code, any use shall be strictly limited to the use set forth in the contract.

72. The receiving party shall not directly or indirectly infringe the intellectual property rights of the disclosing party or their author.

73. As a result, any total or partial reproduction or performance by any means whatsoever not expressly accepted in advance by the disclosing party shall be considered as infringement.

74. However, Business France may under certain conditions grant to the client, at his request, a right to use Business France-owned elements for certain customized services realized at the request of the client on the basis of the client’s specifications.

75. Unless otherwise stated, such right to use shall not be of an exclusive nature.

76. However, if exclusivity is required due to the nature of the products or services, such exclusivity shall in any event be limited to six (6) months. After said 6-month period, Business France reserves the right to re-use the elements concerned.

CONFIDENTIALITY

77. The following shall be deemed strictly confidential: any documents, information, texts and elements of any nature, distributed or transmitted to the client by Business France and expressly identified as “confidential” or incorporating any other notice such as “restricted distribution”, “unauthorized reproduction” etc.

78. The following shall also be deemed confidential by nature, provided they are not made public by Business France: any documents, information or elements of any nature that may be transmitted to the client by Business France in relation to an assessment (evaluation, notation, quotation…).

79. The client shall not communicate, publish or otherwise disclose these elements and shall take any measures required to protect their confidentiality by himself or his employees.

EQUIPMENT

80. To fulfill the services, Business France may have to provide the client with equipment of any nature (stands, chairs, desks, fitted carpets, carpets, technological tools…).

81. The client shall be fully liable (in case of loss, damage, theft…) for the equipment for the period during which such equipment are provided to him.

82. Business France may not be held liable in case of damage resulting from a misuse of the equipment.

83. All the equipment made available to the client are the exclusive property of Business France or when applicable, the property of its provider and shall be returned to them at the end of the performance of the products or services.

84. In the event where the client is unable to return the equipment in their original condition, the client agrees to refund them, without prejudice to any damages Business France may be entitled to claim

SECURITY

85. The client agrees to comply and have his employees comply with all the security and ethical rules established due to the nature of the services realized by Business France.

86. In no circumstances shall Business France be held liable for damage arising out of a failure to comply with such security and ethical rules caused by client’s misconduct or negligence.

NON-COMPETITION AND TRANSPARENCY

87. The activities of Business France fall within the scope of a public service mission and their financing are based on public funds; as a result, such activities shall remain strictly in line with the principles of transparency and loyalty towards the client.

88. If intermediaries ask Business France to provide products or services designed for an end-user, such intermediaries undertake to clearly state the name of Business France and the price of the product or service, and agree to pass on to the end-user the exact same price, without any margin.

89. Generally, the client is expressly prohibited from using or redistributing Business France’s products, services and know-how, whether for business or non-business purposes, without Business France’s prior authorization.

BUSINESS REFERENCE

90. Business France may use the name and logos of its clients as a business reference, unless expressly otherwise stated by the clients.

PERSONNAL DATA PROTECTION

Information and rights

Controller – Personal data processed

91. Business France acts, in principle, as the controller for the processing of personal data done in the framework of the performance of the order.

92. Business France has designated a Data Protection Officer whose contact details are as follows: dpo@businessfrance.fr

93. In the context of processing of personal data, Business France collects and processes the following data: civility data, contact details, professional role of its clients for the purpose of clients management and clients files. Purpose and legal basis of the data processing

94. Business France processes data for the following purposes:

Clients purchase order management,
Events organization management,
Commercial prospection,
Sending satisfaction and impact questionnaire,
Sending newsletters,
Development of statistics,
Optimization of content display adapted to the user of Business France websites (cookies)

95. Business France implement data processing only if at least one of the following conditions is met:

clients consent to the processing operations has been obtained;
the existence of Business France legitimate interest, or that of a third party, which justifies that Business France implements this processing of personal data;
the execution of a contract binding Business France to a client requires that Business France implements this processing of personal data;
statutory and regulatory obligations which require this processing of personal data.

Recipients of the data

96.The personal data Business France collects, and those Business France obtained subsequently. They are intended for Business France in its capacity as controller, to its corporate services, subcontractors, business partners, offices and international representatives abroad, some of which are located outside of the European Union, and the others actors of the French public program members supporting international development of the French economy (in particular the Regions and the Chambers of Commerce and Industry in France within the framework of “Team France”).

97.Business France ensures that only authorized persons have access to this data. Some personal data may also be sent to third parties or to legally authorised authorities in order to meet Business France legal, regulatory or contractual obligations.

98. Personal data may be subject to a convergence, a mutualisation or a sharing between al Business France entities. Personal data may be communicated to these entities for the purposes referred to in this chapter. These operations are carried out on the basis of instruments that comply with applicable regulations and are capable of ensuring that your rights are protected and respected.

Transfer and keeping period of data

99. Business France transfers personal data to its offices and partners in European Union and outside European Union.

Each of these transfers is governed by legal instruments that comply with the applicable legal framework:

Switzerland benefits from an adequacy decision, which means that it offers personal data a level of protection equivalent to the one which is applied on the European Union territory.
Transfers made to other countries (Japan, Cameroon, United states of America, Taiwan, Turkey, India, Australia, China, South Africa) are covered by the following appropriate safeguards: cross-border conventions.

100. The periods for which Business France keep the personal data are proportionate to the purposes for which the data are collected. The personal data are kept in conformity with the necessary time for the purposes they are processed, that is for the contract period increased by the legal prescriptions, and also to ensure the respect of legal or regulatory requirements compulsory for Business France.

Rights on personal data

101. Exercise of the rights:

A client can exercise his rights by email to the following address : dpo@businessfrance.fr or by post to the following address: Délégué à la protection des données, Business France, 77 boulevard Saint-Jacques 75014 Paris, justifying his identity. To do so, the client has to clearly indicate his surname and first name, the address he wants the reply to be sent and to join the copy of an identity document containing his signature.

As a principle, the client can exercise freely all his rights. However, concerning the right of access, Business

France may ask for the payment of reasonable fees based on the administrative costs for any copy of data required.

Concerning the right of information, Business will not have to answer it if the client has already the information he asks.

Business France will inform him if it cannot answer the requests.

The failure to provide information or modification of data can have consequences in the process of certain demands for the execution of contractual relations.

The request concerning the exercise of the client’s rights will be store for monitoring purposes.

102. Right of information:

The client acknowledges that these general terms and conditions of sale provides him with information about the purposes, legal framework, interests, recipients or categories of recipients with whom his personal data were shared, and the possibility of a data transfer to a third country.

In addition to this information and with the aim of ensuring fair and transparent processing of data, the client further acknowledges that he has received additional information concerning:

the period for which his personal data will be kept;
the existence of the rights which are granted to him and the terms and conditions to exercise them.

If Business France decides to process data for purposes other than those indicated, all information relating to those new purposes will be communicated to the client.

103. Right to access to and rectification of data:

The client has the right to access and rectify his personal data at the following address: dpo@businessfrance.fr

In this respect, the client has the confirmation as to whether or not his personal data are being processed and where this is the case, access to his data and the following information:

the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subjects, any available information to their source;
the existence of automated decision-making, including profiling, and in this case, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

The client can ask Business France to, as the case may be, rectify or complete his personal data that are inaccurate, incomplete, equivocal or expired.

104. Right to erasure and to restriction the data – right to object to data processing:

The client can ask Business France to erase his personal data where one of the following grounds applies:

- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

- the client withdraws the consent he has previously given;

- the client object to the processing of his personal data and there is no legal reason for such processing;

- the processing of personal data does not comply with the provisions of the applicable legislation and regulations.

Nevertheless, the exercise of this right will not be possible when the retention of the personal data is necessary for compliance with statutory or regulatory provisions and in particular for example for the establishment, exercise or defence of legal claims.

The client may request restriction of processing of his personal data in the cases provided for by law and regulation.

The client has the right to object to the processing of his personal data when the processing is based on the legitimate interest of the controller or on a necessary mission of public interest or on the exercise of official authority.

105. Other rights:

The client has the right to portability of his/her personal data. The data on which this right can be exercised are:

only his personal data, which excludes anonymized personal data or data that does not concern him;
declarative personal data and personal data relating to the functioning of Business France, as mentioned above;
personal data which do not adversely affect the rights and freedoms of others such as those protected by trade secrets.

This right is limited to processing based on consent or contract as well as to personal data that the client has personally generated. This right does not include derived or inferred data, which are personal data created by Business France.

When the data processing Business France carry out is based on the client consent, he may withdraw it at any time. Business France will then stop processing the personal data but this will have no impact on the previous transactions to which the client has consented.

The client has the right to lodge a complaint with the French data protection authority (the Cnil) on the French territory without prejudice to any administrative or judicial remedy.

The client can give instructions in relation to the storage, erasure and communication of his personal data after his death to a certified trusted third party in charge of enforcing the wishes of the deceased in compliance with the applicable legal framework.

106. The client personal data are communicated to Business France to be able to enter into the contract and perform the orders. In this context, if the client refuses to provide Business France with his personal data, this refusal will result in an impossibility to perform the order.

Client commitments

107.Business France expressly reminds the strategic and strictly confidential nature of all personal data which the Customer would have to collect and process as part of the contractual relationship with Business France.

108.Therefore, the Parties recognize that all these data and files are subject to compliance with the law n ° 78-17 of January 6, 1978 on Information Technology, data, files and civil liberties “Informatique et Libertés” amended, and to the General Data protection Regulation (GDPR) (EU) 2016/679 of the European Parliament and of the Council dated April 27th, 2016 and relates to private life and professional secrecy.

109.The Parties undertake to take all necessary measures to ensure compliance by themselves and by their employees with these obligations, and in particular:

not to process or consult the data and files for purpose other than the performance of the Contract; to process and consult the data only within the scope of the instructions and authorization received by the other Party;
to take all necessary precautions to preserve the security of the data, and notably to prevent them from being deformed, damaged, and to prevent any access not previously authorized by the other Party;
take any measures to prevent misuse, malicious or fraudulent use of data or files;
to inform, where appropriate, the persons concerned of their rights with regard to their personal data in compliance with the GDPR
to refrain from the consultation, the processing of data other than those concerned by the present contract, even if the access to these data is technically possible.
to transfer personal data only to recipients who need access for the purpose intended, who would be under a contractual obligation to use them in accordance with the GDPR and when these recipients are located outside the European Union to ensu