BIRDWELL BUSINESS COMMUNICATION & CULTURES
Registered at: 10 rue Penthièvre – 75008 PARIS
SASU (simplified single-shareholder company) ; SIRET no. 80127840900025 (PARIS Trade & Companies Register)
Intra-community VAT number: FR57801278409
The website birdwellgroup.com and its sub-domains have been declared to the CNIL (France’s National Commission for Information Technology and Civil Liberties) under number 2007924.
Web host for the site https://birdwellgroup.com and its sub domains :
Chem. des Pardiaux, 63000 Clermont-Ferrand – France
Website publication manager: Birdwell – 41 quai Fulchiron – 69005 LYON – France
Data processors: Birdwell, and HubSpot on behalf of Birdwell Business Communication & Cultures.
The information published on this website in no way constitutes a commercial offer of products or services, and has no binding contractual value. The publisher of the website https://birdwellgroup.com (hereinafter “the Site”) shall not be held liable for the content of pages published purely for information purposes. Any user browsing the Site and/or completing the contact form (hereinafter “the User”) must refer to BIRDWELL’s Terms and Conditions of purchase, where applicable.
The User is informed that BIRDWELL may, if it so wishes, propose, reorganize, reference or de-reference any commercial offer on the Site.
The Site and its various components are protected by the law of intellectual and industrial property. Any representation or reproduction, and more generally, all use – whether paid or unpaid, for whatever purpose and by whatever means – of all or part of the Site (notably its general structure, photographs, information, icons, acronyms, logos, graphics, brands, illustrations or texts… non-exhaustive list), whether or not for commercial purposes, is prohibited without the prior written authorization of BIRDWELL. Any usage contrary to this clause constitutes an act of infringement punishable under criminal and civil law.
Via the present Site, the User may access other websites designed and managed by third parties. The User is informed that BIRDWELL has no control over the content of third-party websites. In addition, BIRDWELL accepts no responsibility for the content of such websites, or for the use any third parties may make of the information therein.
INTEGRITY – TECHNICAL FAULTS
BIRDWELL reserves the right to interrupt access to the Site temporarily in order to carry out technical interventions, improvements and maintenance of the Site to ensure its proper functioning or to repair a breakdown.
The User is informed that the security and integrity of communications over the Internet cannot be guaranteed. BIRDWELL undertakes to make every effort to prevent the User’s access to the Site being compromised by any problems or interruptions, with no performance obligation.
LAW AND TERRITORY OF JURISDICTION
The applicable law is French law, and the competent courts are the French courts, in compliance with the rules laid down in the Civil Procedural Code.
With regard to any question relating to the collection or processing of Data, the User is invited to contact BIRDWELL :
- By post: BIRDWELL – Le Rive de Saône- 41 Quai Fulchiron – 69005 LYON – FRANCE
- By e-mail: email@example.com
All questions will be welcomed and given due consideration!
Document updated: 21/02/2023.
MANAGEMENT OF PERSONAL DATA
- GENERAL POINTS
This article sets out to inform the User of the methods that BIRDWELL uses to ensure security in the collection and processing of the personal data it holds. This article may be modified by BIRDWELL at any time, without notifying the User, particularly in order to update the text in line with changes in the applicable laws and regulations. The most recent version is that published on the Site.
BIRDWELL takes particular care to handle its Users’ data considerately, and complies with Law no. 2018-493 of 20th June 2018 on Personal Data Protection, which modifies Law no. 78-17 of 6th January 1978 on Information Technology, Data Files and Civil Liberties, and also EU Regulation 679/2016 (hereinafter “GDPR”) on the protection of natural persons with regard to the processing of personal data, and on the free movement of such data (hereinafter the “Regulation”).
For the purposes of collecting and processing data under the conditions here described, BIRDWELL is the data processor. The contact details of the data processor are provided in the legal notices.
- WHICH DATA ARE COLLECTED, HOW AND WHY?
“Personal data” shall have the meaning given by the Regulation, namely “any information relating to a natural person who is or can be identified, i.e. either directly or indirectly, in particular by reference to an identifier specific to them. This may be a person’s name, identification number, location data, an online username, or one or more elements that specifically relate to the person’s physical, physiological, genetic, psychological, economic, cultural or social identity.”
|During:||The following Data are collected:||Purpose:||Legal basis for processing:|
|Browsing of the Site||
||Clicking “OK” on the Site’s Cookie banner provides the means to obtain the User’s consent; the User is then invited to read the “Manage cookies” section.|
|The request for information via the contact forms / by telephone||
By entering data and sending the form, the User confirms their consent, enabling BIRDWELL to collect their data in order to respond to their request.
Request for information so that the User can receive our newsletter and marketing offers.
By entering data, clicking to confirm the statement “I consent to receive other communications from Birdwell.” and sending the form, the User confirms their consent, enabling BIRDWELL to collect their data in order to contact them again later.
It is made clear that the User may unsubscribe or change their preferences by clicking on the link shown at the bottom of each e-mail, or by typing STOP SMS in answer to a text message they receive.
Asterisks (*) in the contact form denote mandatory data fields, which must be filled out in order to process Users’ requests to receive documentation about BIRDWELL’s products and/or services. If a User does not wish to provide said data, they are informed that BIRDWELL will not be able to contact them.
The User undertakes to provide only Data that are sincere, accurate, complete and up to date, and not to appropriate someone else’s data.
- FOR HOW LONG DOES BIRDWELL RETAIN THE DATA COLLECTED?
BIRDWELL informs the User that it shall hold their Data for no longer than is strictly necessary in relation to the purpose(s) for which the information was processed, which means:
- Regarding Data collected during Site browsing: “cookies” are retained for no more than thirteen (13) months from the date they were placed on the User’s computer (see detail further down);
- Regarding Data collected following the contact request via the designated form: Data are retained for three (3) years from the date of the last prompt to the User that goes unanswered;
- WHO RECEIVES THE COLLECTED DATA?
The collected Data are sent to the following: BIRDWELL, its service providers and its subcontractors, in order to manage the Site and ensure that it works properly;
The Data collected through requests via the Site contact form are intended for BIRDWELL, its partners involved in managing products and/or services, and its service providers and subcontractors.
BIRDWELL pledges not to communicate the collected Data to any third party unless it has received the User’s consent, notwithstanding cases where a request is issued by a State-level authority or body, in compliance with the Regulation in force. In all events, BIRDWELL has ensured that its service providers and subcontractors are in compliance with the Regulation.
- WHERE ARE THE COLLECTED DATA HOSTED?
BIRDWELL notifies the User that the Data collected under the conditions defined herein shall be transferred out of the European Union, as per the conditions stipulated by its subcontractor HubSpot:
The Data are processed and guaranteed within the European Union before being sent to and stored in the USA. A number of HubSpot’s services are routed to the Google Cloud Platform (GCP) data center of the European Union, before their secure transfer to and storage in the United States of America, on AWS (Amazon Web Services, in the eastern USA).
The GDPR permits the transfer of personal data outside the EU under certain conditions. The EU-US Privacy Shield of data protection remains a valid method of ensuring sufficient guarantees for the transfer of personal data from the European Union to the USA. The EU’s standard clauses provide another valid method for transferring personal data legally. For clients in the EU/EEE, HubSpot proposes data processing conditions that incorporate the standard clauses. HubSpot has also received certification of compliance with the principles of the Privacy Shield framework.
- WHAT ARE BIRDWELL’S OBLIGATIONS?
In its capacity as data processor defined herein, BIRDWELL undertakes to:
- Keep a register of the processing carried out;
- Put in place all the appropriate technical and organizational measures to ensure the confidentiality, integrity and security of the Data, which includes protecting them against loss, destruction or accidental damage;
- Educate and train its in-house personnel on Data processing, the Regulation in force, and the consequences of the latter;
- Ensure that Users’ Data can only be accessed by persons duly authorized to do so;
- Guarantee all User rights under the conditions specified in Point 7 ;
- In the event of any Data breach that increases the risk to Users’ rights and freedoms, notify the Users and the appropriate inspection authority within seventy-two (72) hours of the fraudulent intrusion being discovered, if required by the Regulation;
- Adhere to the Data retention durations specified in this document.
In its capacity as subcontractor for Data processing, HubSpot commits to:
- Collaborate actively with BIRDWELL if Users exercise their rights relating to their data;
- Keep a register of the processing subcontracted in this way;
- Always act in compliance with instructions issued by BIRDWELL;
- Implement the appropriate technical and organizational measures to ensure a suitable level of security, and make sure the Data are not distorted, damaged or communicated to unauthorized third parties.
- Never transfer, divulge or grant access to any electronic device – or any document containing Users’ Data, irrespective of the medium, type or any other property – to any third party other than the subcontractors named in the subcontracting contract between BIRDWELL and HubSpot, without prior authorization from the latter;
- Never bring in second-ranked subcontractors whose activities would result in the transfer of Data outside the European Union, unless all the relevant compliance measures have been taken and BIRDWELL has been notified beforehand;
- Notify BIRDWELL immediately if HubSpot considers that an instruction contravenes the GDPR;
- Notify BIRDWELL immediately in the event of any application, claim, audit, investigation or inquiry – received from a third party, an administrative authority, a User or any other person – which may create or maintain a non-conformity with regard to the GDPR;
- Ensure that Data can only be accessed by personnel strictly authorized to do so, who are subject to a confidentiality obligation; also, make sure personnel take no copies of electronic media, or of any document without limitation, or of the Data collected within the context of this document, except for Data necessary purely for execution purposes;
- Collaborate with the data processor in the event of a security flaw, especially regarding the need to notify the appropriate inspection authority. Implement all the technical measures that aid the detection of User Data breaches liable to increase the risk to Users’ rights and freedoms, and that serve to notify BIRDWELL of the situation in a timely fashion.
- WHAT RIGHTS DO USERS HAVE OVER THE DATA COLLECTED?
Pursuant to articles 15, 16, 17, 18, 20 and 21 of the GDPR, with regard to their Data the User has the right of access, the right to rectification, to erasure, to portability and to restriction of processing, and the right to object.
The User may exercise this right at any time by contacting the marketing department at the following addresses:
41, Quai Fulchiron
69005 LYON – FRANCE
In order to exercise their rights, the User shall provide to BIRDWELL:
- Details of where their Data were collected (e.g. contact form);
- Their name and contact details;
- Proof of their identity.
BIRDWELL has up to one (1) month from receipt of the request to provide a response, on condition that the claim is well-founded and not grossly excessive in nature.
The User may also, at any time, refuse consent for their Data to be used by BIRDWELL or its partners for sending advertisements or for other marketing purposes. To do this, the User is invited to click on the “unsubscribe” link in a promotional e-mail received directly.
Similarly, the User may withdraw their consent at any time by replying STOP SMS in response to a marketing SMS received directly on their mobile phone.
The User is informed that if they believe their rights have not been respected, they may lodge a claim with the French National Commission for Information Technology and Civil Liberties (hereinafter “CNIL”). BIRDWELL invites the User to click on the following link for further information: https://www.cnil.fr/fr/les-droits-pour-maitriser-vos-donnees-personnelles
A cookie is a small file, containing a chain of characters, that is sent to your computer when you visit a website. When you visit the same website again, the cookie enables the site to recognize your web browser. Cookies can store the User’s preferences and other information.
Cookies are a practical way to help Users save time or to let the Web server know that they have returned to a particular page.
BIRDWELL informs the User that it places the following cookies on their machine to fulfill the following functions:
These are essential cookies whose placement does not require consent. They are strictly necessary in order to provide the User with the services available via our website.
|Name of cookies||supplier||functions|
Analysis and customization cookies: these collect information that is used in aggregate form to help us understand how our website is used, or the level of effectiveness of our marketing campaigns, or to help us customize our Site for Users.
They are non-essential cookies controlled by the cookies banner. Users can disable these cookies by withholding their consent.
|Name of cookies||supplier||function|
Performance and functionality cookies: these are used to improve the performance and functionality of our websites, without being essential to their use. However, without these cookies some features may become unavailable.
|Name of cookies||supplier||function|
Important notice about data processing in connection with Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the responsible body for the data processing that occurs via this website has their basis outside of the European Economic area and Switzerland, then the associated Google Analytics data processing is carried out by Google LLC (registered in the United States of America). Google Ireland Limited and Google LLC will hereinafter be referred to as “Google”.
Google Analytics uses “cookies”, which are text files saved on the site visitor’s computer, to help the website analyze their use of the site. The information generated by the cookie (including the truncated IP address) about the use of the website will normally be transmitted to and stored by Google.
Google Analytics is used exclusively with the extension “_anonymizeIp ()” on this website. This extension ensures an anonymization of the IP address by truncation and thereby excludes a direct personal reference. Via this extension, Google truncates the site visitor’s IP address within member states of the European Union or within other states that are parties to the Agreement on the European Economic Area. Only in exceptional situations will the site visitor’s full IP address be transmitted to Google servers in the United States and truncated there. The IP address, that is provided by the site visitor’s browser in using Google Analytics, will not be merged by Google with other data from Google.
On behalf of the site operator, Google will use the information collected to evaluate the use of the website, to compile reports on website activity and to provide other website- and Internet-related services to the site operator (Art. 6 (1)( f) GDPR). The legitimate interest in data processing lies in the optimization of this website, the analysis of the use of the website and the adaptation of the content. The interests of the users are adequately protected by the pseudonymization of their data.
Google LLC has certified their compliance with the EU-US Privacy Shield framework, and on that basis provides a guarantee to comply with European data protection law. The data sent and linked to the Google Analytics cookies, e.g. user IDs or advertising IDs, will be automatically deleted after 50 months. Data whose retention period has been reached are deleted automatically once a month.
By using the reCAPTCHA service, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
The User is invited to give their consent to having cookies placed on their machine by clicking “Accept” in the banner message that appears at the bottom of the Site page as they browse. Notwithstanding functional cookies, whose settings cannot be altered as the files are essential to the proper operation of the Site, the User may refuse the placement of cookies by taking steps in their browser, as follows:
- For Mozilla FireFox: select the “Tools” menu, then “Options”. Click on “Privacy & Security”. Find the “cookies” menu and select the desired options;
- For Microsoft Internet Explorer: select the “Tools” menu, then “Internet Options”. Click on the “Privacy” tab. Use the cursor to select the desired level;
- For Opera version 6.0 and later: click the top left corner for the menu. Go to “Settings” and select “Preferences” / “Privacy & security”;
- For Safari: select the “Safari” menu > “Preferences” / “Security”. Click “Show Cookies” and select the relevant cookies, then click “Clear” and then “Done”;
- For Google Chrome: Click “Tools” > “Options” > Advanced Options” > “Privacy and security” > “Show cookies”, and then delete the files concerned. Lastly, click “Close”.