1.        Introduction

The purpose of this data protection statement (the “Statement“) is to inform current and potential clients of JNC Avocats (“JNC Avocats“; “we“; “our“), visitors to our website, as well as business partners, job applicants and any other parties entering into contact with JNC Avocats (“you“; “your“) on how we collect and process personal data (i.e., any information that relates to an identified or identifiable natural person) (“Data“) that you or a third party provide(s) to us or that we collect.

When you use our website, communicate with us, use our legal and tax services (including legal and tax advice and representation) (the “Services“), apply to a job offer and/or enter into a contractual relationship with us, you consent to the processing of your Data in accordance with this Statement.

For this Statement, no express consent is required from the client, its employees or any other interested party. This Statement is only provided for information purposes on the nature, scope and purpose of the data processed by JNC Avocats. We reserve the right to unilaterally modify the content of this Statement at any time and without notice. We therefore recommended that you regularly consult the Statement on our website.

2.        Data Controller

The data controller according to this Statement is the law firm JNC Avocats, located at Boulevard des Philosophes 9, 1205 Geneva (info@jncavocats.ch – +41 (0)22 566 12 90).

JNC Avocats is a law firm subject to attorney-client privilege within the meaning of Art.13 of the Federal Act on Attorneys of June 23, 2000 (LLCA – RS 935.61).

3.        Data subject to processing and purposes of processing

3.1    Use of the website

When using our website, certain technical data that is necessary for operating, providing and securing the website is automatically processed. This data is not personal data.

In addition, when you use our website, certain Data (including your IP address, operating system, browser name and version, date and time of access) may be collected, automatically transmitted to and analyzed by web analysis tools, including Google Analytics. This Data is processed in order to evaluate your use of our website. Further information on Google’s use of the Data and configuration options can be found at: https://www.google.com/intl/fr/policies/privacy/partners.

Finally, with regard to the use of the contact form on our website, the Data collected and the purposes of their processing are detailed in Section 3.2 below.

3.2    Conclusion and execution of the mandate

When you use our contact form on our website, or we enter into, perform a mandate agreement and/or invoice our Services, JNC Avocats shall collect and process Data, including Data which may be considered as sensitive. Such Data is processed for the purpose of contacting you (at your request), performing our contractual obligations, asserting our rights (in particular regarding the invoicing process), documenting the execution of the mandate, and, in general, enabling us to provide you with our Services, as well as to comply with our legal obligations, such as our obligation to keep records.

In addition, we process contact Data about you, your employees or any other related persons for marketing purposes (using any means of communication such as email, social media, postal mail or telephone) to provide information about newsletters, events, new services or products that may interest you.

In general, we process and collect your Data, provided by you or third parties (in particular, opposing parties, organisation for which you (or the respective contact persons) work, public authorities or courts), or by consulting public registers or websites. 

This may include the following Data:

• First name;
• Surname;
• Date of birth;
• Gender;
• Nationality;
• Address (private and professional);
• Email address;
• Phone number;
• Bank account details;
• Data relating to the services we provide or have provided to you;
• Family situation;
• Professional situation, including role within a company;
• Health related information;
• Information about your finances;
• Information relating to your movable and immovable assets;
• Identity documents;
• Residence or work permit;
• Driver’s license;
• AVS number;
• Taxpayer number;
• Tax related data;
• Criminal records and history.

3.3    Business relations

In the context of our business relationships with service providers or suppliers, we process Data of natural persons (in particular, individual companies, employees or representatives of legal entities), when you or your employer communicate with us as well as when we request your services.

Such Data is processed to allow us to perform our contractual obligations or comply with our legal obligations, such as our obligation to keep records.

This may include the following Data:

• First name;
• Surname;
• Postal address;
• Business email address;
• Business phone number;
• Role within the company;
• Bank account details.

3.4    Spontaneous applications and recruitment process

During a recruitment process, we collect and process Data that is necessary for the examination and processing of your application, Data that you provide to us or that is provided to us by a third party (in particular, recruitment agencies).

This may include the following Data:

• First name;
• Surname;
• Gender;
• Date of birth, marriage, divorce;
• Profession;
• Title;
• Marital status;
• Diploma(s);
• Nationality;
• Contact details (postal address; email address; phone number);
• Bank account details, payroll records, tax status information;
• Salary, annual leave, pension and benefits information;
• Information related to current and previous employment (including, salaries).

4.        Legal basis for Data processing

Depending on the purpose of the processing as detailed under Section 3, your Data will be processed if it is necessary for the conclusion a contract or the performance of the Services, the legitimate interests of JNC Avocats, or complying with our legal or regulatory obligations; or if Data is processed with your consent.

5.        Sharing your data with third parties

As part of the performance of our Services, we are subject to attorney-client privilege. To the extent permitted and in order to achieve all the purposes mentioned in Section 3, it may be necessary for us to transmit your Data to the following categories of recipients:

• External service providers and subcontractors (such as fiduciaries, banking institutions, etc.);
• Clients;
• Opposing parties and their legal representatives;
• Partners with whom we may coordinate legal services (such as notaries, correspondent lawyers, etc.);
• Public authorities (including tax administrations) and supervisory authorities; and
• Judicial authorities.

We would like to point out that, to carry out our mandate, to operate our website or in all situations we need to communicate with you or process your Data, we use external IT service providers and cloud providers having their servers in Switzerland. Therefore, we use certain IT services or communication means that may present risks to the security of Data (in particular, emails and videoconferences). If you would like us to take any special security measures, please let us know.

We may also transfer Data to recipients (including clients, opposing parties, or authorities) who in turn process Data in other countries, some of which might not guarantee a level of protection equivalent to Swiss law. On the latter point, we would only do so based on your consent or standard contractual clauses. The same applies if the transfer of Data is necessary for complying with an agreement or for the enforcement of legal claims.

In addition, any transfer of your Data to other third parties or abroad is subject to your express or tacit consent, prior to such transfer.

6.        Retention period

We keep Data for the period necessary to carry out the mandate, or for as long as necessary to comply with the purpose for which it was collected and processed, and as long as we have a legitimate private or public interest in retaining Data, but in any case, during the legal retention or documentation period.

We take appropriate and proportionate measures to protect Data against loss, unauthorized modification or unlawful access by third parties. If you provide us with Data through a third party (e.g., your employees or other contact persons), it is your responsibility to inform them of the Data processing carried out by JNC Avocats and other legal or external service providers (e.g., in a data protection statement for your employees).

7.        Your rights

In accordance with Chapter 4 of the Federal Act on Data Protection (Art. 25 et seq. FADP), you have the following rights:

·        Right to access your Data;

·        Right to correct or rectify inaccurate Data;

·        Right to withdraw your consent;

·        Right to restrict or object to the processing of your Data;

·        Right to data portability; and

·        Right to have your Data deleted.

Please note that these rights are subject to conditions and exceptions. To the extent permitted or required by law, we may refuse certain requests. Thus, we may or have to keep Data or continue to process it for legal reasons, despite a request to delete Data or restrict their processing.

If you, your employees or other contact persons have any questions or wish to assert your rights or those of any person concerned, please contact us at info@jncavocats.ch or write to us at JNC Avocats, Boulevard des Philosophes 9, 1205 Geneva.

You also have the right to assert your rights in court or to lodge a complaint with the competent data protection authority, which is in Switzerland the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).