Legal Notice

https://payroll.freelance.com is a platform owned by Freelance.com (hereinafter Freelance.com or PAYROLL), a limited company with a capital of 4,494,356.32 euros, whose registered office is located at Grande Arche – Paroi Nord, 1 Parvis de la Défense, 92044 Paris La Défense cedex France, registered under the number 384 174 348 RCS Nanterre, represented by Mr. Sylvestre BLAVET, its Chairman and Chief Executive Officer; The website https://payroll.freelance.com is published by Freelance.com whose head office is located at 1 Parvis de la Défense, 92044 Paris la Défense cedex France – Tel. +33 (0)1 80 48 70 00.

PURPOSE OF THE SITE

The purpose of this legal notice is to define the terms of access and use of the site (hereinafter the Site).

The purpose of the Site https://payroll.freelance.com is to register users in a process that allows them to be contacted about their products and services.

GDPR COMPLIANCE

I. Information technology and civil liberties

1. The purpose of this policy is, in particular, to inform users, of the methods of collection, processing, and use of their personal data and of their rights in terms of personal data protection with regard to the provisions applicable in this area, in particular Regulation No. 2016/679 of 27 April 2016 on data protection and Act No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, known as the “Information Technology and Civil Liberties Act”, as amended by Act No. 2018-493 of 20 June 2018, enacted on 21 June 2018.

The following information is provided so that you may be aware of the personal data protection commitments of PAYROLL, which acts as data controller for the processing of personal data mentioned in this document.

2. Who is our Data Protection Officer?

1. PAYROLL has appointed a personal data protection officer whose contact details are as follows: Georges Cherfan (dpo@freelance.com).

3. When do we process data?

1. Your data is collected or processed in whole or in part for the purpose of:

   • creating your account on the site,
   • accessing any part of the site requiring authentication
   • using any service on the site requiring authentication

2. The data is collected directly from you, at your request and when you use the PAYROLL website

4. What categories of collected data do we process?

1. In the course of using the website and related services, several types of personal data may be collected.
2. Mainly data collected under the following categories:

   • identifying data (surname, first name, address, email address, etc.),
   • data related to monitoring the contractual relationship,
   • connection data (date, time, Internet address, protocol of the visitor’s computer, page viewed etc.)

3. Mandatory data is indicated in the collection forms by an asterisk. If this data is not present, this collection may not be taken into account.

5. For what purposes is the data collected?

1. Depending on the case, PAYROLL processes your data in whole or in part for the following main purposes:

   • managing and monitoring the account creation and contractual relationship with Freelance.com,
   • managing or monitoring orders, payments and the contractual relationship in general,
   • account management,
   • commercial management,
   • measuring quality and satisfaction where appropriate,
   • Analyses / Studies / Reports related to PAYROLL’s activity

6. What is the legal basis for the processing?

1. The data collected in this way is essential for these processes and is intended for the relevant PAYROLL departments
2. We only process data if at least one of the following conditions is met:

   • your consent to the processing operations has been obtained;
   • if there is a legitimate interest on our part, or on the part of a third party, which justifies our carrying out the relevant processing of personal data;
   • the performance of a contract (or a contract to be entered into) between us and you requires us to carry out the relevant processing of personal data;
   • we are bound by legal and regulatory obligations that require the processing of personal data.

7. To whom are they sent? Who are the recipients of your data?

1. The personal data we collect, as well as that collected subsequently, is intended for us in our capacity as data controller.
2. The data processed is intended for the following persons, depending on the case:

   • our customer service,
   • Contractual and commercial partners.

3. Furthermore, the data may be communicated to any authority legally entitled to know about it, in particular in the event of a judicial requisition from the judicial, police or administrative authorities.
4. We ensure that only authorised persons have access to this data. Our service providers may receive this data in order to carry out the services we entrust to them. Some personal data may be sent to third parties or legally authorised authorities in order to meet our legal, regulatory or contractual obligations.

8. How long will the data be kept? the performance of a contract (or a contract to be entered into) between us and you requires us to carry out the relevant processing of personal data;

1. PAYROLL keeps your data for a period of time that is proportionate to the purposes for which your data was collected.
2. The data collected is kept for the entire duration of the contractual relationship and is deleted at the end of the contractual relationship, with the exception of data that can be used to establish proof of the contractual relationship, which is kept until the end of the applicable limitation periods.

WHAT ARE YOUR RIGHTS?

1. In accordance with the provisions of Regulation No. 2016/679 of 27 April 2016 on data protection and Act No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, known as “Information Technology and Civil Liberties”, as amended by Act No. 2018-493 of 20 June 2018, promulgated on 21 June 2018, you have a right to information.

2.  You acknowledge that this legal notice informs you of the purposes, legal framework, interests, recipients or categories of recipients with whom your personal data is shared, and the possibility of transferring data to a third country or to an international organisation.

3.  In addition to this information and in order to ensure fair and transparent processing of your data, you declare that you have received additional information concerning:

*   how long your personal data will be kept;

*   the existence of the rights recognised for your benefit and the conditions of their exercise.

4.  If we decide to process data for purposes other than those stated, you will be given full information about the new purpose.

*   a right of access, query and rectification:

5.  You have the right to access and rectify your personal data, which you may exercise by contacting PAYROLL at the following address: dpo@freelance.com

6.  As such, you have confirmation as to whether or not your personal data is being processed and, if so, you have access to your data and information about:

*   the purposes of the processing;

*   the categories of personal data involved;

*   the recipients or categories of recipients and the international organisations to whom the personal data have been or will be disclosed, if any, in particular those recipients who may be established in third countries;

*   where possible, the intended period of retention for personal data or, where this is not possible, the criteria used to determine this period;

*   the existence of the right to ask the controller to rectify or erase your personal data, the right to request a restriction of the processing of your personal data, the right to object to such processing;

*   the right to lodge a complaint with a supervisory authority;

*   information on the source of the data when not collected directly from the data subject;

*   the existence of automated decision-making, including profiling, and in the latter case, relevant information about the underlying logic, as well as the significance and expected consequences of such processing for the data subject.

7.  You can ask us to rectify or complete your personal data if it is inaccurate, incomplete, ambiguous or out of date.

*   a right to the deletion of your data;

8.  You may request the deletion of your personal data where one of the following reasons applies:

*   the personal data is no longer necessary for the purposes for which they were collected or otherwise processed;

*   you withdraw the consent previously given;

*   you object to the processing of your personal data where there is no legal ground for such processing;

*   the processing of personal data does not comply with the provisions of the applicable laws and regulations;

9.  However, the exercise of this right will not be possible when the conservation of your personal data is necessary with regard to the legislation or regulations and in particular, for example, for the establishment, exercise or defence of legal claims.

*   a right to limit data processing:

9.1  You may request the restriction of the processing of your personal data in the cases provided for by the law and regulations.

*   a right to object to data processing:

9.2  You also have the right to object for reasons relating to your particular situation and the right to object at any time when data is processed for commercial prospecting purposes.

*   a right to portability of your data:

• The data on which this right can be exercised is:

*   only your personal data, which excludes anonymised personal data or data that does not concern you;

*   declarative personal data as well as the personal operating data mentioned above;

*   personal data that does not infringe on the rights and freedoms of third parties, such as those protected by business secrecy.

9.3  This right is limited to processing based on consent or on a contract and to personal data that you have personally generated.

9.4  This right does not include derived or inferred data, which is personal data created by PAYROLL.

*   a right to withdraw your consent:

9.5  Where our data processing is based on your consent, you may withdraw it at any time. We will then stop processing your personal data without any previous operations to which you have consented being affected.

*   a right to appeal:

9.6  You have the right to lodge a complaint with the Cnil on French territory, without prejudice to any other administrative or jurisdictional remedy.

*   a right to define post-mortem directives

9.7  You have the possibility to define directives concerning the conservation, deletion and communication of your personal data after your death with a trusted third party, certified and responsible for enforcing the wishes of the deceased, in accordance with the requirements of the applicable legal framework.

10. How to exercise your rights?

1. You can exercise your rights by contacting the following email address: dpo@freelance.com or the following postal address: 1 Parvis de la défense, 92044 Paris l Défense Cedex, France
2. To do so, you must clearly indicate your full name, the address to which you wish the reply to be sent and attach a photocopy of an identity document bearing your signature.
3. In the interests of privacy and protection of personal data, PAYROLL must ensure the identity of the User before responding to their request. Therefore, any request to exercise these rights must be accompanied by a copy of a signed identity document.
4. In principle, you can exercise all your rights free of charge. However, in relation to the right of access, you may be required to pay a reasonable fee based on administrative costs for any copy of the data you request.
5. PAYROLL shall not be obliged to respond to the right to information if you already have the information you are requesting.
6. PAYROLL will inform you if it is unable to fulfil your requests.
7. PAYROLL would like to inform you that the failure to supply data or the modification of your data may have consequences for the processing of certain requests within the framework of the execution of the contractual relationship and that your request for the exercise of your rights will be retained for monitoring purposes.