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Notice regarding the Author’s personal data processing by Glenat

Controller of the processing:

Glenat Editions SA (Siret : 30206941400027 - 37, Rue Servan - BP 177 - 38008 GRENOBLE CEDEX 1) may need to collect and process some personal data concerning the Author (name, first name, date of birth, civil status, email, mailing address, phone number, social security number, bank details, data on royalties statements, AGESSA number, NIR, INSEE, photos, videos, etc.)

The Publisher acts with this regard as the controller of the processing according to the Regulation 2016/679 dated as of April 27th, 2016 also known as General Data Protection Regulation (GDPR).

 

Data source:

Personal data concerning the Author are collected either directly by the Publisher from the Author, either through the following relationships with third parties:

  • distributors, for data regarding the exploitation of the work
  • Author’s agent, if any, regarding administrative data concerning the Author such as, name, first name, date of birth, civil status, email, mailing address, phone number, social security number, bank details, etc.

 

Purposes of the processing:

Personal data concerning the Author may be processed by the Publisher for:

  • managing the execution of the agreement(s) between the Author and the Publisher, in particular for sending the royalties statements, administrative and accounting communication, etc.
  • exploiting and promoting the published work(s)
  • monitoring, computing and paying the royalties - determining financial statistics and operation account
  • handling the social contribution obligations imposed on the Publisher - managing the authors and translators lists and directories, in particular for sending newsletters, invitations to fairs, galleries, institutional communication, etc.
  • handling potential claims and disputes - dealing with the exercise of the rights provided by the GDPR with the concerned entities as mentioned hereinafter.

 

Legal basis of the processing:

The Author’s personal data processing by the Publisher are legally based on:

  • execution of the agreement(s) between the Author and the Publisher (managing the execution of such agreements, including for the exploitation and the promotion of the published work, sending the royalties statements, monitoring, computing and paying the royalties),
  • legitimate interests of the Publisher (administrative and accounting management, development and promotion of its catalog, establishment, exercise, or defense of legal claims),
  • Publisher’s legal obligations (particularly in terms of social contributions and to conform with the exercise of the rights provided by GDPR)
  • The collect of these personal data is mandatory to fulfill the purposes as mentioned hereabove.

 

Beneficiaries of the data:

Publisher may need to communicate the Author’s data:

  • to its employees
  • to the social security agencies
  • to certain regulated professions such as notaries, auditors, etc.
  • to financial, judicial, administrative or state agencies, public agencies and regulation authority to which the Publisher may, particularly for procedure, litigation, control and/or request, be required to disclose certain data, upon request and limited to what is permitted according to Regulation.
  • to beneficiaries or possible successors of the Publisher. The Publisher shall not forward the Author’s personal data outside of the European Economic Area

 

Author’s rights:

Subject to exceptions, the Author have the following rights, according to the terms of articles 15 and following of the GDPR:

  • the right to obtain confirmation that personal data concerning the Author are or are not being processed and, where that is the case, access to these personal data and to further information regarding their processing (right of access – article 15 GDPR)
  • the right to obtain the personal data concerning the Author rectified if they are inaccurate (Right of rectification – article 16 GDPR)
  • the right to obtain the erasure of the personal data concerning the Author in certain grounds (right to erasure or right to be forgotten – article 17 GDPR)
  • the right to obtain restriction of processing in certain grounds (right to restriction of processing – article 18 GDPR)
  • the right to receive the personal data concerning the Author provided to the Publisher, and/or to request to the Publisher to transmit to another controller, where the processing is based on consent or on a contract and where the processing is carried out by automated means (right to data portability – article 20 GDPR)
  • the right not to be subject to a decision based solely on automated processing which produces legal effects concerning the Author or similarly significantly affects the Author (right not to be subject to automated individual decision – article 22 GDPR)

In case of processing based on the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (article 6.1 e) GDPR) or on the legitimate interests pursued by the Publisher or by a third party (article 6.1.f) GDPR), in certain grounds, the Author shall also have the right to object, on grounds relating to the Author’s particular situation (right to object – article 21.1 GDPR).

Furthermore, the Author shall have the right to define, modify and revoke at any time the instructions regarding the conservation, the erasure and the communication of the Author’s personal data after Author’s death according to article 40-1 of the “Informatique et Libertés” Law n°78-17 dated as of January 6th 1978. The Publisher can only be the depositary of specific directives concerning the processed data. The Author also has the right to designate a third party to whom the data concerning him may be communicated after his death. Then the Author undertakes to inform this third party of the Author’s will and of the fact that data allowing him to be unambiguously identified will be sent to the Publisher, to communicate to him the information contained in this document.

The existence or not of these various rights depends in particular of the legal basis of the processing concerned by the request. These rights are not limitless, and, in certain cases, the Publisher shall be able to refuse the request (for example for compelling legitimate reasons with regards to the opposition rights), and he shall then explain such reasons.

Subject to compliance with the terms of the Regulation, those rights may be exercise by writing to the Publisher at the following email address: service.comptabilite.auteurs@glenat.com or at the following postal address Glénat Editions - 37, rue Servan 38000 – GRENOBLE (France). In the event of reasonable doubt on the identity of the person making the request, the Publisher may be able to verify the identity of the person making the request by asking further information or documents.

The Author also have the right to introduce a claim with the competent supervisory authority (in France, it would be the Commission Nationale de l’Informatique et des Libertés, “CNIL”).

 

Period of storage of the data:

The personal data concerning the Author shall be stored by the Publisher during the following periods:

At the end of the aforementioned periods, the data will be either deleted, either anonymized, or if needed, conserved for a longer and needed period, for handling a litigation.