This Privacy and Data Processing Policy (hereinafter the “Policy”) informs you about how the company OPTIMUM EXECUTIVE, a simplified joint-stock company with a sole shareholder and a share capital of €23,000, registered with the Trade and Companies Register of MONTPELLIER under number 940 913 718 and VAT number FR38940913718, whose registered office is located at Le Patio Andalou – 195, rue Alberti – 34970 LATTES, and represented by its current President, Mr. Stéphane SAAD (hereinafter the “Company”), uses and protects the information that you transmit when using the website accessible at the URL https://optimumexecutive.com (hereinafter the “Site”).

As a User, you are hereby informed that this Policy applies in its most recent version. Accordingly, we invite you to consult the Policy regularly in order to remain informed about the measures implemented for the processing of your Personal Data.

ARTICLE 1. relevant definitions

 

Defined terms	Definitions
CNIL	French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés).
Personal Data	Personal Data, as defined by the GDPR, means any information relating to an identified or identifiable natural person.
Purpose	The main objective for which Personal Data is used, which limits the manner in which the data controller may use or reuse it in the future.
French Data Protection Act (Loi Informatique et Libertés)	Law No. 78-17 of January 6, 1978 on Information Technology, Data Files and Civil Liberties.
GDPR	General Data Protection Regulation.
Services	Prestations proposées par la Société au travers de son Site et souscrites par l’Utilisateur professionnel.
Site	Website accessible via the URL https://optimumexecutive.com including its sub-sites, portals, and related URL variations.
Third Parties	Third-party entities that: (i) Have the ability to provide us with your Personal Data only if they can guarantee that your consent has been obtained or that they have a lawful basis justifying their communication or sharing. (ii) May receive the Personal Data that we share with them with your consent or based on a lawful basis justifying such communication.
Processing	An operation or set of operations performed on Personal Data, regardless of the method used (collection, recording, organization, storage, etc.), whether automated or manual, fulfilling a specific Purpose and objective.
User(s)	Any professional person who (i) accesses the Site, (ii) contacts OPTIMUM EXECUTIVE to obtain information about the offered Services and/or any person who has interacted with the Company and/or its members to express interest in our Services and who has consented to be contacted by us for this purpose, as well as (iii) any person who has subscribed to our Services.

 

ARTICLE 2. Collection of Personal Data Related to the Use of the Site

 

Personal Data — subject to this Policy — are those which the User has provided to us directly or indirectly when accessing our Site or contacting us via the contact form or by any means (email, telephone, etc.).

OPTIMUM EXECUTIVE commits to collecting only Users’ data that is adequate, relevant, and limited to what is strictly necessary in view of the Purposes of the Processing.

Below you will find the Processing activities, Purposes, and the applicable retention periods for your Personal Data:

Purposes of the Processing	Legal and Lawful Basis	Data Concerned	Retention Period
Browsing and management on the Site. For example :  Technical administration of the Site; Ensuring and improving the security of the Site; Developing, operating, improving, and managing the Site; Enforcing the terms of use of the Site; Enhancing the user experience; Audience analytics.	Legitimate interest or, where applicable, the User’s consent.	Data related to browsing on the Site; Your usage of the Site, such as the pages visited.	13 months for trackers and up to 25 months for the information collected through these trackers.
Contact form, request for a free commercial diagnosis, or sending an email. For example:   Verifying the identity of the User; Contacting and communicating information with the User via email or telephone.	User’s consent.	Identity data (first and last names, job title); Contact data (telephone number, email address).	Duration of the contractual relationship and up to 36 months from the date of collection or the last contact from the User.
Request form for sending the white paper.	User’s consent.	dentity data (first and last names, job title); Contact data (telephone number, email address).	Duration of the contractual relationship and up to 36 months after the completion of the Service.
To send OPTIMUM EXECUTIVE’s news and updates to Users via a newsletter.	User’s consent.	Data related to the User’s identity (first and last name, job title); Contact data (email address, telephone number).	Duration of the contractual relationship, followed by 3 years from its termination. In the absence of a contractual relationship and in the case of a non-Client User, 3 years from the date of data collection, last contact, or last click on the newsletter.
Webinars.	User’s consent.	Data related to the User’s identity (first and last names, job title); Contact data (email address, telephone number).	Duration of the contractual relationship, followed by 3 years from its termination. Otherwise, for a non-Client User, 3 years from the date of data collection, last contact, or last click.
Performance of the Services. For example: Verifying the identity of the User; Concluding all contractual documents; Providing the Services to the User and fulfilling contractual obligations.	Execution of the service contract.	Data related to the User’s identity (first and last names, job title); Contact data (email address, telephone number, postal address).	Duration of the contractual relationship and for the period during which OPTIMUM EXECUTIVE’s liability may be engaged, which is a maximum of 5 years from the date of collection or the last contact from the User, in order to allow for the establishment, defense, or exercise of legal rights (application of the general statute of limitations).

 

Once the retention period has expired and without any formalities being required, the Service Provider undertakes to permanently delete the Personal Data of the individuals concerned.

Article 3. Access to and Transmission of the User’s Personal Data

 

3.1. Recipients

The User’s Personal Data is accessible only by the Company and its personnel.

Whether in individual or aggregated form, your data will never be made accessible to Third Parties except if (i) you have given your explicit and prior consent, or (ii) the transfer of your Personal Data is necessary for the provision of the Services, or more generally, (iii) you fall within one of the situations referred to in Article 6.2.

3.2. Storage

Personal Data is stored on servers located in France or within the European Union.

In the event that your Personal Data is transferred outside the European Union, the Company OPTIMUM EXECUTIVE will ensure that 

(i) all its service providers are bound by a confidentiality obligation;

(ii) all transfers take place either to a country recognized by the European Commission as providing an adequate level of protection, or to a country that does not offer adequate protection but where the transfer is permitted under applicable regulations, notably because it is governed by the European Commission’s standard contractual clauses, which the CNIL has previously recognized as ensuring a sufficient level of protection for privacy and fundamental rights of individuals.

Article 4. Security of Your Personal Data

 

The processing of your Personal Data is conducted in compliance with best practices. We implement all appropriate, necessary, and sufficient technical, operational, and organizational security procedures and measures to protect the collected data, with the aim of preventing any unauthorized access, accidental or intentional manipulation, loss, or destruction.
All these measures intended to ensure the security and confidentiality of your data take into account material, technical, and technological developments, the state of the art, implementation costs, as well as the nature, scope, context, and Purposes of the Processing.
Sensitive Personal Data that you provide or communicate to us may be subject to additional specific protection measures in accordance with applicable legal and regulatory requirements.

As a User, you acknowledge that you have been fully informed of the inherent characteristics and limitations of the internet, including its public nature, the risks of service interruptions, unauthorized access, and data transmission vulnerabilities.
While our Company implements appropriate security measures to protect your data, it cannot be held liable for the inherent risks related to access, connection, or use of the internet, as well as risks of viruses, hacking, or intrusion into files or data on our Site, except in cases of proven fault on our part.
It is hereby reminded that unauthorized access to, remaining within, disrupting, or falsifying the operation of an information system, as well as fraudulently retrieving, introducing, or modifying data in an information system, constitute offenses punishable by criminal sanctions.

Article 5. Processing Free from Any Conflict of Interest

It is reminded that, given our sector of activity, our Company places particular emphasis on collecting, processing, and storing your data in an ethical manner and free from any conflict of interest.
A conflict of interest situation is understood as any circumstance in which our Company, its executives, shareholders and partners, affiliated entities or group members, our clients and partners, or any other Third Party could, by using your Personal Data, influence a decision-making process, favor a relative or close associate, or obtain an undue advantage.
Our Company specifically guarantees:
(i) Not to process your data unlawfully, in violation of the anti-corruption, confidential, and secure policy to which we have committed;
(ii) Not to engage in any conflict of interest involving or potentially leading to your involvement through unlawful Processing of your Personal Data or Processing that does not comply with the Policy;
(iii) Not to use your Personal Data to hold direct or indirect information or interests in a competitor;
(iv) Not to have made financial investments, controlled, or exercised influence over the activities of a competitor through your Personal Data.

Article 6. Transfer of Collected Data

6.1. Transfer to Third Parties, Partners, and Subcontractors
The User is informed and consents that the Company OPTIMUM EXECUTIVE may use service providers located in France or abroad. To this end, we employ solutions and tools that respect your Personal Data and ensure that it is processed in a manner compatible with the objectives set forth and targeted by this Policy.
Any subcontracting will be carried out under the instruction and authority of our Company, which will ensure that subcontractors provide sufficient guarantees to meet the legal or regulatory requirements arising from the GDPR and the French Data Protection Act. Our subcontractors will also have a role of assistance and advisory towards us and will notify us of any legal violation to ensure the highest security of your Personal Data.
For your full information, a register of subcontractors is established here:

Partner	Recipient Countries	Processing Performed	Information
BREAK-OUT COMPANY	France	Design, Development, and Maintenance of the Site	https://breakout-company.com/mentions-legales/
OVH	France	Website Hosting	https://www.ovhcloud.com/legal/privacy-policy
MICROSOFT	European Union	Data Cloud	https://www.microsoft.com/fr-fr/trust-center/privacy/data-location?msockid=377ad0ebefdb60820f32c5a1ee626130
GOOGLE ANALYTICS	USA	Preparation of commercial statistics to generate reports on User interactions.	https://policies.google.com/privacy

It is expressly reminded that other Third Parties (service providers or external recipients) may have access to your data, notably including (i) our legal advisors, (ii) our accounting firm, and (iii) any competent administrative authorities.

6.2. Other transfers

The company OPTIMUM EXECUTIVE also communicates the data collected

(i) In the ordinary course of business through transfers to Third Parties;

(ii) By requisition of an administrative state authority;

(iii) By an enforceable or final court decision;

(v) In the event that the Company is involved in a merger, sale of assets, financing operation, liquidation or sale of all or part of its business by another company, in which case the User will be informed and the present Policy will apply without interruption.

Article 7. User rights

7.1. Your rights
The User has the right to information, access and rectification of Personal Data concerning him/her, as well as their deletion and portability. They also have the right to withdraw their consent and to object to the processing of their Personal Data.

7.2. Exercising your rights
Any User may exercise their rights and address any questions regarding the Processing carried out by our Company by contacting us electronically at contact@optimumexecutive.com.

In this regard, we remind you that the level of verification conducted on your identity may vary depending on the context and nature of your request, as well as the sensitivity of the information and data involved. In case of reasonable doubt, proof of identity may be requested.

We also remind you that you have the option to appoint a representative of your choice to exercise your rights on your behalf. In such cases, the appointed person must provide us with reasonable evidence to attest to the purpose of the mandate (i.e., the exercise of your right of access) and justify both their identity and yours.

In the event that you exercise your rights, OPTIMUM EXECUTIVE will endeavor to respond to you in clear and precise terms, in a comprehensible and accessible manner, within the shortest possible time and no later than one (1) month.

This response period may be extended by two (2) months, depending on the number of requests received or the nature and complexity of your request. If applicable, you will be informed of such an extension within the legal timeframe of one (1) month from the receipt of your request.

In this context, your Personal Data will be processed for the purpose of managing your request (courtesy title, first name, last name, nature of the request, response provided) and will be retained for a period not exceeding five (5) years. 

7.3. Complaint and referral to the competent authority
The User also has the right to refer to the CNIL located at 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07 for any complaint relating to the way our Company processes your data.

Article 8. Modification of the Policy

In order to comply with current regulations, our Company reserves the right to amend and adapt the Policy at any time and whenever necessary.

If you continue to use our Site or our Services after the publication or modification of the Policy, you will do so under the terms of the Policy in its most recent version.

OPTIMUM EXECUTIVE, a simplified joint-stock company with a sole shareholder and a share capital of €23,000, registered with the Trade and Companies Register of MONTPELLIER under number 940 913 718 and VAT number FR38940913718, with its registered office located at Le Patio Andalou – 195, rue Alberti – 34970 LATTES, is the owner of the website https://optimumexecutive.com, represented by its current President, Mr. Stephane SAAD (hereinafter referred to as the “Website”). Access to and use of the Website entails the automatic collection of your Personal Data through Cookies in accordance with the applicable regulations.

ARTICLE 1. Definition of Cookies

A Cookie is a tracker, meaning a small file stored by a server on the terminal device (computer, tablet, phone, etc.) of a User and associated with an internet domain such as our Website (hereinafter referred to as the “Cookie” or “Cookies”).

The Cookie and the file associated with it, which may contain your Personal Data, serve a variety of purposes and are classified as follows:

1. 1 – Strictly necessary Cookies are intended to ensure the optimal functioning of the Website, notably by enabling the storage of information between two visits on the same device, navigation from one page to another, the saving of your login credentials, or the customization of the user interface. These include, but are not limited to, authentication Cookies or technical Cookies required by certain IT systems.

1. 2 – Beyond this, Cookies may be placed in order to collect Personal Data, monitor User behavior, or serve advertising purposes ;

1. 3 – Security Cookies help prevent fraud, hacking, and unauthorized intrusions during each of your interactions and actions ;

1.4 – Statistical or audience measurement Cookies track User actions and enable the Website to be adjusted accordingly. These Cookies are intended to assess how Users interact with the Website. This is primarily done through the collection of data such as the number of visitors, number of pages viewed, country of origin of the connection, time and date of access, access service, type of device used, and the most viewed and shared articles.

1. 5 – Third-party Cookies may be placed by or on behalf of a third-party site on our Website and are intended to enhance the interactivity of the Website.

Article 2. Consent to the Collection of Cookies

2.1. Mandatory Data Collection

In the event that the Cookie is strictly necessary for the operation of the Website or pursuant to the GDPR and the French Data Protection Act (Loi Informatique et Libertés), the Company is exempt from obtaining the User’s consent. This notably includes data collection aimed at ensuring the availability and improvement of the Website, as well as maintaining a secure environment for the User.

2.2. Prior Consent for Any Data Collection

In all other cases, the collection of Cookies and the resulting data is considered optional, and the User is required to provide prior consent.

Accordingly, our Company offers the possibility to configure Cookies directly through your internet browser (using a Cookie management tool provided for this purpose). This tool allows you, depending on the type of browser used, to authorize or refuse the collection of each type of Cookie. You are also free to disable all or some of our Cookies, noting that this choice may affect your user experience and the use of our Website.

We also ensure that you can at any time accept, refuse, modify, or withdraw your consent regarding the automatic collection of personal information obtained through Cookies.

 

Article 3. Use and Retention of Cookies and Associated Data

When you accept these Cookies, we commit to collecting, processing, using, and retaining your Personal Data in a measured manner, in accordance with our Policy and the applicable legal and regulatory provisions. We shall not deny or diminish your rights and freedoms, nor cause you any harm.
The lifespan of the trackers is thirteen (13) months, and the information collected through them will be retained for a maximum duration of twenty-five (25) months.