The Total Group (or “Total”) promotes a culture and practices regarding the protection of personal data[ Personal data means any information enabling the direct or indirect identification of a natural person.], in accordance with the applicable laws. To this end, Total has implemented Binding Corporate Rules (“BCRs”).

This document summarizes the data protection principles that apply under our BCRs and the rights granted by them.

Our BCRs are a set of internal binding rules, which are applicable to all of the Total subsidiaries that have adopted them. They have been approved by the European data protection authorities.

They allow Total subsidiaries to transfer personal data originating from the European economic area (“EEA”)[ EEA means Member States of the European Union plus Iceland, Liechtenstein and Norway.] to Total subsidiaries located outside of the EEA in compliance with the applicable law.

Our BCRs apply to all EEA-originating personal data processed by Total subsidiaries including data relating to former and current employees, job applicants, clients and prospective clients, suppliers and sub-contractors and the staff of third companies acting on behalf of the Group subsidiaries as well as shareholders (hereafter “data subjects”).

The following principles set out in our BCRs must be respected, among which:
Lawfulness
Any processing[ Processing means any operation which is performed upon personal data, whether or not by automatic means (e.g: collection, recording, storage, destruction…).] operation carried out has a legal basis, provided by the applicable law.
Personal data must only be processed for lawful, determined and legitimate purposes. The data must not be further processed in a way which is incompatible with those purposes.
Relevance
Personal data must be accurate and proportionate, in terms of quality and quantity, in relation to the purpose of the processing.
Transparency
Personal data must be obtained lawfully and loyally. Data subjects must be informed about the characteristics of the processing of their personal data and about their rights, unless this proves impossible or would involve disproportionate efforts.
Security
Personal data must be protected by appropriate security measures to limit the risks of unauthorized access, destruction, alteration or loss.
To do so, a set of internal norms apply, allowing to ensure the security and the confidentiality of personal data:
• The usage Charter for the IT and communication resources, that requires to act in accordance with the regulation and with the confidentiality rules;
• The Information Systems Security policy, that defines the governance mode of the security of information systems;
• The Information Systems Security Reference System, that enumerates, through 19 detailed themes, the different requirements of the Group in terms of security of information systems;
• The Information Protection policy, that presents the requirements relative to the protection of confidentiality, integrity and of the availability of the information held and exchanged within the Group.
When calling upon the services of a third party to process personal data, Total subsidiary makes sure that the latter offers sufficient guarantees as regards the security and confidentiality of data.
Retention
Personal data must be retained only for a reasonable and not excessive period of time with regard to the purpose of the processing.
When the retention period expires, the data is destroyed, anonymized or archived.
International transfers[ Transfer means all virtual and physical exchanges of EEA-originating personal data from one country to another.] of personal data
Total does not transfer personal data originating from a country of the EEA directly to a Total subsidiary located in a third country which does not provide an adequate level of protection, unless such subsidiary has formally subscribed to the BCRs or uses another legal instrument recognized by the European Commission.
Total does not transfer personal data originating from the EEA directly to a company not belonging to the Group located in a country which does not provide an adequate level of data protection (data controller or processor) without a legal basis under applicable law and instruments providing for sufficient safeguards, such as the standard contractual clauses.
Similarly, where a data importer further transfers personal data originating from the EEA to a company not belonging to the Group (data controller or processor) located in a country which does not provide an adequate level of data protection, the data importer shall enter into an agreement with this company whereby it commits to observe the principles of BCRs.

Under our BCRs, data subjects whose personal data are processed have the following rights:
• Right of access to the data
• Right to rectify, erase and lock data
• Right to object to the processing
• Right to limit the processing
[A comprehensive list of the rights granted by the BCRs is detailed in APPENDIX 1 hereafter].
Data subjects may exercise these rights by submitting a request using the contact details provided in the legal notice concerning the processing of their data. Total subsidiaries undertake to give replies within the legal deadline about queries concerning the processing outside the EEA.
Moreover, if data subjects believe that a Total subsidiary has failed to observe the BCRs, they have the right to lodge a complaint by sending:
- An e-mail to: data-protection@total.com
or
- A letter to TOTAL – DATA PROTECTION, Tour Coupole, 2 place Jean Millier, Arche Nord Coupole/Regnault, 92078 PARIS LA DEFENSE CEDEX.
Data subjects will be informed about the status of their complaint and of any further steps.
The internal complaint procedure is described in APPENDIX 2 hereafter.
The fact that data subjects may file a complaint with Total does not affect their rights to lodge a complaint with the competent EEA data protection authorities or to bring an action before the courts of the EEA country where the Total subsidiary responsible for exporting the personal data is established.

An internal « personal data Protection network » is in charge of monitoring and controlling the implementation of the BCRs within the Group.
It is composed of:
• A Corporate Data Privacy Lead who monitors and follows compliance actions at the Group level;
• Branch Data Privacy Leads who lead and coordinate compliance actions at the Branch level;
• Data Privacy Liaisons who lead and coordinate compliance actions at the affiliate level.

To ensure the proper application of our BCRs, some internal control and audit mechanisms have been implemented.
An annual internal control plan is defined by the personal data Protection network to assess the level of compliance of the Group’s processing regarding our BCRs. A reporting is also set up to report regularly on the actions plans that have been drawn up after evaluations.
Furthermore, the Group Internal Audit Direction also integrates the control of the personal data protection pattern into its periodic audit plan.

If necessary, our BCRs may be completed or updated.

A copy of the comprehensive version of our BCRs as well as a list of Total subsidiaries that adopted them can be obtained by sending an e-mail at: data-protection@total.com