Privacy Policy
1. Purpose of the Privacy Policy
1.1. This Personal Data Protection Policy
(the "Policy") sets out Stairwage's practices regarding the collection and sharing of personal data in the context of the Services provided.
1.2. The data controller for Personal Data
The data controller for Personal Data is the company Stairwage.
1.3. This Policy covers the following topics:
• (a) Personal Data that may be collected;
• (b) Use of Personal Data;
• (c) Protection of Personal Data;
• (d) Exercise of rights regarding Personal Data.
2. Personal Data that may be collected in the context of the Services
2.1. Stairwage collects and processes all or part of the following Personal Data:
• (a) First name; Last name; Employer identity; Unique identifier; date of hire; employment contract end date; IBAN; Contact details (postal addresses, email addresses, phone numbers); personal and professional; Available Advances, Payroll Estimate; advance requests; Advances received.
• (b) Any correspondence from the User with Stairwage: in the event of an exchange between a User and Stairwage, the latter keeps a record of the correspondence.
• (c) Data relating to the Application and the use of the connection to the Application. This data includes, in particular, connection logs and details of visits to the Application, as well as information collected through tracking technologies including, but not limited to, IP address, operating system version, traffic data, location data, etc.
2.2. Personal Data that may be collected in the context of the Services (either provided directly by the User via the Application):
• (a) Employee's first and last name;
• (b) Employee's email address;
• (c) Employee's mobile phone number;
• (d) Employee's postal address.
3. Use of Personal Data
3.1. Purposes for which Stairwage uses the collected Personal Data
The following outlines the purposes for which Stairwage uses Personal Data collected through the Client Web Interface and/or in the course of providing the Services, as well as the "legal bases" upon which Stairwage relies to process such Personal Data.
3.2. These "legal bases" are set out in Regulation (EU)
2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the "GDPR"), which authorizes companies to process personal data only on the basis of specific "legal bases" provided for by the GDPR and, where applicable, national laws such as Law No. 78-17 of January 6, 1978, as amended (the "Data Protection Act").
The main legal bases justifying the use of Personal Data are as follows:
• Consent: when a User has consented to the use of their Personal Data (a consent collection form is submitted to them for this purpose, it being specified that the User may withdraw their consent by contacting Stairwage according to the procedures described in the Privacy Policy);
• Performance of the contract: when Personal Data is necessary for the conclusion or performance of the contract (i.e., the General Terms of Use), for example in the context of providing the Services;
• Legal obligation: when Stairwage must use Personal Data to comply with its legal obligations;
• Legitimate interests: when Stairwage uses Personal Data for the pursuit of a legitimate interest and the reasons for which Stairwage uses this Personal Data outweigh any infringement of the User's rights regarding data protection.
3.3. Stairwage processes Personal Data as a data processor for the employer for the following purposes:
• (a) To allow employers to offer their employees flexible salary management
Legal bases: performance of the contract, consent
• (b) To allow employees to make requests for salary advances on a monthly basis
Legal bases: performance of the contract, consent
• (c) To ensure real-time salary tracking. This will allow for the estimation of the amount of the advance that can be granted
Legal bases: performance of the contract, consent
3.3. Stairwage processes Personal Data as a data controller for the following purposes:
• (a) To allow Users to use the Application and provide them with the Services.
Legal bases: performance of the contract, consent
• (b) To communicate effectively with Users: in order to conduct its business, including responding to User questions and communicating with them by any means.
Legal bases: performance of the contract, consent
• (c) To reorganize or make changes related to Stairwage's business: in the event that: Stairwage (i) is subject to negotiations regarding the transfer or sale of its business or a part thereof to a third party; (ii) has its business transferred or sold to a third party; or (iii) undergoes a reorganization, Stairwage may be compelled to transfer Personal Data to the relevant third party (or, where applicable, its advisors) as part of any audit process to analyze any contemplated transfer, sale, or reorganization. Stairwage may also be required to transfer Personal Data to a third party after the transfer, sale, or reorganization so that they may use it for the same purposes as those defined in this Policy.
Legal bases: legitimate interests
4. Transfer, storage, and security of Personal Data
Security
Stairwage maintains physical and electronic protection measures to protect Personal Data.
All information provided by the Client or a User is stored on secure servers of Stairwage or its subcontractors and is accessed and used in accordance with the Policy and applicable security standards in this area.
Transfer of Personal Data outside the European Economic Area (EEA)
Personal Data may be accessed, transferred, and/or stored by Stairwage or its providers in a location outside of France, where data protection laws may be of a lower standard than those applicable in France. In such cases, Stairwage undertakes to protect Personal Data in all circumstances in accordance with this Policy.
Personal Data thus transmitted may, during various operations, be subject to a transfer to a country within the European Union or outside the European Union. In the context of a transfer to a country outside the European Union, "Standard Contractual Clauses" developed by the European Commission have been signed by Stairwage (or are in the process of being signed, where applicable).
In the event that Stairwage transfers Personal Data from the European Economic Area (EEA) to outside the EEA, Stairwage may be required to take specific additional measures to protect the Personal Data concerned. Certain countries outside the EEA have been deemed by the European Commission to guarantee a level of protection equivalent to that guaranteed by EEA legislation regarding Personal Data protection, and consequently, no additional guarantee is required to transfer Personal Data to these countries. In countries that have not received such approvals, Stairwage implements appropriate safeguards for such a transfer, for example by using standard contractual clauses approved by the European Commission, or other safeguards authorized by applicable regulations.
If a user wishes to obtain a copy of the specific protection measures that apply to the transfer of their Personal Data, they may contact Stairwage as indicated in the "Contact Us" section of the Privacy Policy.
Retention Periods
Stairwage's Personal Data retention periods are based on its business needs, the duration of its contractual relationships with the User, and legal requirements. Stairwage retains Personal Data for as long as necessary for the purposes pursued by the collection of Personal Data and for any other authorized related purpose. For example, Stairwage may retain information related to a User account for the entire duration of the Services it provides to them. When Personal Data is no longer necessary, it may be irreversibly anonymized (in which case it may be retained and used by Stairwage) or destroyed.
At the end of this period, it will be deleted within a maximum of one month. However, in order to meet the legal obligations of the Employer and/or Stairwage, the data may be kept in an archiving database for 10 years. This data may be consulted on an occasional and justified basis by specifically authorized persons.
Stairwage ensures the confidentiality of Personal Data posted or collected on the Application through security measures and access authorizations to the portal to satisfy its legal obligations.
5. User Rights – Contacting Stairwage
Updating Personal Data within User Information
Stairwage makes its best efforts to ensure that User Information is accurate. However, the User is required to notify Stairwage via their Personal Space of any changes to their User Information or by contacting Stairwage according to the procedures indicated in the " Contact Stairwage" section of the Privacy Policy.
User Rights
Users may exercise their right to access, modify, rectify, object to, erase, and restrict the processing of their personal data by sending a request via the "Need help? Contact us" section available on the Application. Users may exercise their right to data portability using the same process.
Users may also notify Stairwage of their wish to delete their account by clicking on the "Deactivate my account" section available on the Application. Users may update the information in their profile at any time via their Personal Space.
Users have the right to request that Stairwage:
• (a) Provide them with more details on how their Personal Data is used;
• (b) Provide them with a copy of all Personal Data provided by the User;
• (c) Update any errors in the User Information held by Stairwage;
• (d) Delete any Personal Data that Stairwage no longer has a legitimate basis to process;
• (e) Withdraw their consent when the processing of certain Personal Data is based on consent, so that Stairwage ceases that specific processing;
• (f) Object to any processing based on a legitimate interest, unless the reasons for which Stairwage undertook this processing outweigh any prejudice to the User's rights regarding Personal Data protection;
• (g) Restrict Stairwage's use of Personal Data while a claim is being investigated;
• (h) Define directives regarding the fate of their Personal Data after their death in accordance with the Data Protection Act.
In the event that a User is not satisfied with how their Personal Data is used or with Stairwage's response to the exercise of any of their rights, they have the right to file a complaint with the Commission Nationale de l’Informatique et des Libertés (the "CNIL") either directly online on the CNIL website: https://www.cnil.fr or by postal mail by writing to the following address: CNIL, 3 Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07.
Contact Stairwage
For any questions regarding their Personal Data, Users are invited to contact our DPO - Stairwage at the following email address: contact@stairwage.com
