The CNIL guidelines provide that:
- the simple continuation of browsing a site can no longer be considered as a valid expression of consent to the deposit of cookies;
- operators who use trackers must be able to prove that they have obtained consent.
In addition, the CNIL recalls that users of the site must be informed:
- The purposes of the trackers before consenting, as well as the consequences associated with the acceptance or refusal of tracers;
-of the identity of all actors using trackers subject to consent.
Application:
To date, the existing cookie banner does not specify the purposes prior to the consent of users, nor the consequences associated with the acceptance or refusal of trackers.
Screenshot of the cookie banner on the Flashoffice website:
Thus, to date, the website does not comply with the recommendations of the CNIL.
Therefore, we recommend that you ask the service provider (Axceptio) to update the banner as follows (see below).
“Flashoffice uses technical cookies essential for the functioning of its website and audience measurement cookies in order to generate traffic statistics useful for improving this site.
You can accept these cookies or refuse them by clicking on one of the buttons below. You can also change your choice at any time (e.g. withdrawal of your consent). To do this or, in general, for more information on cookies, we invite you to consult our data protection policy.
Flashoffice (hereinafter “Flashoffice” or “We”), undertakes to collect and process your personal data in accordance with the applicable regulations on the protection of personal data, in particular in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679 (Regulation (EU) 2016/679 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data or “RGPD”) and the “Informatique et Libertés” law (Act of 6 January 1978 relating to information technology, files and freedoms).
The purpose of this policy (hereinafter “Policy”) is to inform you about the processing of your personal data by Flashoffice.
As part of our activities, we are required to collect personal data concerning our customers or prospects (e.g. name, first name, telephone number, email address, message (optional), appointment schedule, etc.).
In this respect, it is specified that all the personal data collected is necessary for the management of Flashoffice's activities. If you do not provide this data or if you refuse to collect it, managing Flashoffice's activities will prove difficult, if not impossible, and you will not be able to fully benefit from our services.
In any event, Flashoffice ensures that the personal data processed is adequate, relevant and not excessive in relation to the purposes for which they are collected and/or subsequently processed.
Flashoffice collects, processes and stores your personal data as a data controller for various purposes (“Purposes”) and on the basis of the following legal bases:
When consulting the “Flashoffice” site (hereinafter referred to as the “site”), certain information relating to your browsing may be recorded in “cookie” files installed on your terminal (computer, tablet, mobile phone or any other device optimized for the Internet).
These cookies are issued by and in order to facilitate your navigation on this Site, for audience measurement purposes.
A “cookie” is a set of information, generally small in size and identified by a name, that can be transmitted to the user's browser by the site or application on which they connect. The browser software keeps it on the user's terminal (computer, tablet, mobile phone or any other device optimized for the Internet) for a certain period of time, and sends it back to the web server each time the user reconnects to it. Cookies are, for the most part, used to make a website or an application work, to improve its functioning and to make it more efficient. Indeed, a website or an application can read these files and query them, which allows it to recognize the user's terminal and to record important information that will facilitate the use of the site.
By accepting the deposit of Google cookies, the user consents to the processing of their data in accordance with the methods and for the purposes indicated in the Google privacy policy relating to the use of Google Analytics, accessible as a reminder via the following link: https://support.google.com/analytics/answer/6004245.
When the user connects to the site, a banner aimed at obtaining his consent or refusal concerning the deposit of audience measurement cookies and social networks, on his terminal appears. Until the user has expressed their choice, this banner will remain visible, in accordance with the Data Protection Regulations. Every six (6) months, we will ask the user again to confirm or go back on their choice (configure, refuse or accept cookies), by making the banner reappear on their terminal.
The user can withdraw their consent at any time and reconsider their choice [insert link to the cookie management tool].
The user can also configure his browser software so that cookies are saved in his terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The user can also configure his browser so that the acceptance or refusal of cookies is offered to him from time to time, before a cookie is likely to be recorded in his terminal.
If the user refuses the registration of cookies in his terminal, or if he deletes those stored there, the user may no longer be able to benefit from a certain number of functionalities that are nevertheless necessary to use the site.
If necessary, we decline all responsibility for the consequences related to the degraded functioning of the site resulting from the impossibility of registering or consulting the cookies necessary for their functioning and which the user would have refused or deleted.
Flashoffice is committed to maintaining the confidentiality of your personal data and to complying with all legal requirements regarding the sharing and disclosure of personal data.
In this respect, your personal data will only be accessible by a limited list of recipients, according to their needs and on a case-by-case basis, and in particular to authorized services and personnel within Flashoffice in order to achieve the purposes set out above.
Your personal data may also be accessible to Flashoffice's external service providers, in particular for the purposes of developing, hosting and maintaining the website, and supporting the IT tools used by Flashoffice.
In this respect, as some of our IT service providers are located outside the European Economic Area, we ensure that transfers made to these providers are subject to adequate guarantees, in particular by the signing of standard contractual clauses from the European Commission and by appropriate security measures.
Your personal data is kept in a form that allows you to be identified for a period that does not exceed that required to fulfill the purposes for which they are processed. The retention periods applied are determined according to the operational needs of Flashoffice, the rights of the persons concerned, the legal or regulatory retention obligations and the applicable legal limitation periods as well as the recommendations of the National Commission for Information Technology and Freedoms (CNIL).
You can at any time ask Flashoffice to exercise your rights of access, rectification, deletion and portability of your personal data as well as your rights to oppose and limit the processing of your personal data in accordance with the applicable data protection regulations.
You can also set guidelines for exercising your rights after your death, as well as designate a person responsible for exercising these rights.
To exercise your rights, you can send your request to the following address: [email protected]
You also have the right to file a complaint with a supervisory authority (in France the CNIL) in the event of a violation of applicable data protection rules.
For any questions concerning this Policy or about how Flashoffice collects and uses your personal data or in order to exercise your rights, you can send us your request at the following address: [email protected].
This policy may be amended by Flashoffice. In this case, the revised version will come into force when it is made available on the Website: https://www.flashoffice.fr/.
The EDPB guidelines on transparency (WP 260, of 11 April 2018) provide that it is possible to provide information at several levels:
- A first level that includes details of the purpose of the processing, the identity of the data controller, and a description of the rights of the persons concerned as well as information on the processing that will have the greatest impact on the data subject and on any treatment that may surprise him. The EDPB states that” this information should be brought directly to the attention of the data subject at the time the personal data is collected, for example by displaying it while that person is completing an online form ”.
- A second level of information, in accordance with articles 13 and 14 of the RGPD.
Application:
The contact forms implemented on the Flashoffice internet are as follows:
Contact form 1
Contact form no. 2
These contact forms do not contain any mention of first-level information and do not comply with applicable data protection regulations.
Therefore, we recommend that these forms be amended accordingly (see below).
We recommend integrating the following statement near these contact forms:
” Flashoffice collects your personal data as part of the management of the use of the “https://www.flashoffice.fr/” website, and more particularly via this contact form to assist you in your search for office space. Information on the processing carried out on your personal data by Flashoffice as well as on your rights (access, correction, limitation of processing, deletion, definition of posthumous instructions) and how to exercise them, can be found in the data protection policy ”.
