Malt data protection policy
Effective Date: May 25, 2018
The protection of your personal data is important to us. We undertake to collect only the data we need to provide you with the best possible service, to ensure its confidentiality and security, including when we use service providers, and to facilitate the exercise of your rights over your data.
Our first commitment is compliance with applicable data protection legislation and in particular with the General Regulation on the protection of personal data (also called the GDPR) and the law known as "Informatique et Libertés" of 6 January 1978 as amended.
This policy describes the personal data we collect, how it is used and shared, and your rights in this regard. It applies to all users of Malt services. We advise you to read it carefully. We have done our best to make it clear, easily understandable and accessible at all times during your navigation.
We try to be as clear as possible. However, if you are unfamiliar, for example, with the terms "vigilance", "freelancer", "cookie"," or "factoring or cash advance", you should first find out about these key terms by consulting our glossary at the end of this charter.
If you need a clarification or have a question about it, you can contact our DPO at email@example.com.
Please be aware that features to manage your data and protect your privacy and security are available in the malt.com/about/privacy/notifications section.
The updated Data Protection Charter will automatically take effect for all active users as of 25 May 2018. Continued use of our services after this date constitutes acceptance of the new Data Protection Charter. Please read these Terms carefully.
Data controller: Malt Community
Malt Community, SA with a Board of Directors, registered with the Paris Trade and Companies Register under number 791 354 871, whose registered office is located at 42 rue de Rochechouart - 75009 Paris.
Contact information for our DPO
You may address any question relating to the protection of personal data to Malt or send a request to exercise your rights of access, rectification, opposition, deletion, limitation, portability to our Data Protection Officer:
- by email: firstname.lastname@example.org
- by mail: DPO, Malt Community, 42 rue de Rochechouart - 75009 PARIS
Data we collect
As part of your use of our services and your navigation on our website, Malt collects several categories of data, details of which you will find below. These data come from:
- Information you give us. When you create your account, update your profile or your customer account, or when you exchange with our team. This personal information is data allowing your identification, for example your e-mail address, your photo, your bank details.
- Information resulting from your use of our services. We collect information about the services you use and how you use them. For example, the use of e-mail, data relating to your navigation on the site, the pages you have consulted, your activity on the platform, and information relating to transactions.
We do not process special categories of data (sensitive data) such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, health data or data concerning the sexual life or sexual orientation of individuals.
We inform at the time of collection whether or not the data is mandatory
We inform at the time of collection whether or not the data is mandatory.
Statistical information about your use of our services
Data collected through user behavior on the platform and the use of different modules of the website.
For example, we collect statistics on the use of the secure messaging service we offer (percentage of messages answered, response time); statistics on end of mission evaluations (comments left by clients and freelancers, average scores); user connection and navigation data, statistical data on the use of the search engine and the freelance contact form; statistics on the use of various modules such as the quotation tool, contract, payment; the functionalities made available to companies (reporting, team pages, barometer).
The statistics also cover commercial data such as the number of missions carried out, business volumes by category of freelancers, clients.
Malt processes your personal data, in particular during your connection to the Website, your registration to the Website, your activity on the Website or when using the payment system.
The data we collect allows us to provide, manage, protect and improve our services, develop new ones, and protect both our users and ourselves.
In particular, these data are intended for :
- The creation and management of your account;
The use of the services of the site;
- For freelancers, the optimization of your referencing in the search engine; for customers the proposal of the most relevant search results; *
- Ensure that the proposed missions are relevant (lead moderation, anti-spam policy);
- Protect our freelancers against spam and guarantee the quality of our service (especially through statistics);
- Enable communication between users (freelancers and customers) by providing a secure instant messaging service;
- Provide you with your documents (invoices, contracts, etc.);
- Verification of your company on the basis of your legal documents;
- Carrying out a personalized follow-up to address only relevant communications to you adapted to your needs directly in connection with the services of the site (for example: to offer adapted missions, to invite you to update/complete your profile in order to maximize your chances to obtain a mission...);
- Securing the Malt.com, Malt.fr, Malt.es site, as well as the data and exchanges occurring on the website;
- The management of the financial flows intervening via the platform and in particular, the invoicing of missions and payments as well as, in accordance with the law, the fight against terrorism and money laundering;
- The development of our services to offer you new functionalities and adapt to your needs: to this end, we produce statistics to monitor the audience of our website pages and to monitor commercial activities and user behaviour on the platform. These statistics are anonymized as often as possible;
- Guaranteeing the quality of profiles, fighting against fraud, checking profile information (e.g. location);
- Sending you notifications related to your activity on the website such as, for example, when you have received a message, a quote, a payment;
- Communicating with you: Malt may use the information collected to communicate with you about products, services, promotions, studies, surveys, news, updates and events.
Legal basis of the processing operations
Malt processes most of your personal data within the framework of the service contract that you agreed to when you registered on the site via acceptance of our general conditions of use (if you wish to consult our general conditions of use again, you will find them here). However, we may process certain data concerning you on the basis of your consent, because of legal obligations or to meet our legitimate interest in processing them.
- Service contract: Malt processes most of your personal data within the framework of the service contract that you concluded when you registered on the site via acceptance of our general conditions of use (if you wish to consult our general conditions of use again, you will find them at www.malt.fr/legal). Thus, all data that you communicate to us during the creation and management of your profile as well as data necessary for the creation, monitoring and billing of an assignment, exchanges that you may have with our support service or as part of secure messaging and communications that we send you, in connection with our services or monitoring your account are processed within this legal framework.
- Legitimate interest: in addition, we also process certain data on the basis of our legitimate interest for management purposes and to secure access to our website, or to fight against fraud, be able to justify our accounting (editing invoices on your behalf and that of your business partners, justification of our service fees).
- Consent: we may also collect your prior consent to the processing of certain data, for example for the re-use of your profile photo, taken by our services, on commercial media or when you have not created an account on the platform but wish to receive our commercial offers / our newsletter.
- Legal obligations: finally, we process certain data because of the legal obligations imposed on us in connection with the management of payments made via the platform and in particular the fight against terrorism and money laundering.
Receiver or category of receivers
Malt is the recipient of personal data collected through the Website.
Some of the services and features provided by Malt require us to share information with other users or business partners. We may also share this information for legal or litigation purposes.
Malt is the recipient of personal data collected through the Website.
We will only disclose your personal data to companies, organisations or third parties under the following circumstances:
- Share with clients your company's identification information when you send them a business proposal and legal documents related to your company when a mission starts;
When necessary for external processing needs, and only in this case, we transmit this data to our trusted service providers who process it on our behalf, according to our instructions or according to a contractual agreement, in accordance with this Charter and in compliance with any other appropriate security and confidentiality measures. We may share your personal information with them only for the purposes set out below. So,
- we call upon MangoPay SA, 10 Boulevard Royal, L-2449 Luxembourg, to open a payment account allowing you to receive or execute a payment for the missions carried out by our intermediary. MangoPay also checks that the financial flows that transit through the platform do not come from money laundering or are not used to finance terrorism. You can consult MangoPay SA's data protection policy by clicking here or by visiting the following address: www.mangopay.com. If you have any questions regarding the protection of your personal data by Mangopay, you can contact them at email@example.com or contact our dpo at firstname.lastname@example.org who will forward your request to them;
- a Finexkap SAS whose registered office is located at 193, rue de Bercy, 75012 Paris for the provision of a cash advance service for freelancers;
- a Chartio Inc, and Google LLC (Google analytics) for statistical purposes;
- a The Rocket Science Group LLC (MailChimp) for sending our communications (promotional and transactional emails) and to Infobip Ltd for SMS notifications;
- we also transmit your personal data to our service providers responsible for ensuring the security of our information system and in particular our website as well as the data that you communicate to us (in particular, backups of our database with Mongo DB);
- The storage of some of the data processed by Malt such as photos, attachments exchanged via the site's email (OVH, Google drive, Amazon Web Services);
- Making appointments for photo shootings via our provider Youcanbook.me;
- Where necessary to meet legal, regulatory or judicial obligations. We retain or disclose your information if we believe it is reasonably necessary to satisfy any legal or regulatory obligation, legal process or administrative request, to protect the security of an individual, to deal with any problem of a fraudulent, secure or technical nature, or to protect the rights or property of our users.
Retention period or criteria determining these periods and deletion of information concerning you
Malt retains your information as long as your account remains active, unless you request that it or your account be deleted. In some cases, we may retain information about you by law or for other purposes, as described in this section, even if you delete your account.
Malt retains your information as long as your account remains active, unless you request that it or your account be deleted. Subject to the exceptions listed below, Malt will delete your information or make it anonymous upon request.
We retain your information only under the following circumstances:
- If you have carried out missions, Malt keeps your billing details for a period of 10 years from the closure/deletion of your user account in order to comply with our accounting obligations, payment of social security contributions and our tax obligations.
- For freelancers only, Malt also keeps for a period of 10 years the legal documentation allowing the verification of your company in order to meet the legal obligations of clients (project owners/contractors).
We implement appropriate technical and organizational measures to ensure the security, confidentiality, integrity, availability and resilience of our information system/processing systems and services and your data and to protect the data against destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, personal data transmitted, stored or otherwise processed.
We undertake to use all available means to ensure the security and confidentiality of this data, in particular:
- We encrypt most of our services using SSL technology.
- We verify your email address when creating your account and...
- We conduct internal audits on data collection, storage and processing, including physical security measures, to prevent unauthorized access to our systems.
- Access to personal data is strictly reserved for Malt employees and service providers who need to access it in order to process it on our behalf. Such persons are subject to strict confidentiality obligations and may be subject to disciplinary sanctions, including dismissal, in the event of failure to comply with these obligations.
Transfer of data to a third country
All our servers on which your data is stored and those of the providers used to exchange and store this data are located in Europe. Very exceptionally, some of our service providers whose principal place of business is in a non-EU country may have to transfer your data to that country. In this case, we check beforehand that they respect their obligations in terms of data protection of our users.
- MongoDb https://www.mongodb.com/legal/privacy-policy adheres to the Privacy Shield, a set of data protection rules equivalent to those in the EU.
- ChartIo https://chartio.com/about/legal/privacy/ adheres to the Privacy Shield, a set of data protection rules equivalent to those laid down within the EU.
- Mailchimp https://mailchimp.com/legal/privacy/, adheres to the Privacy Shield, a set of data protection rules equivalent to those laid down within the EU
- Google adheres to the Privacy Shield, a set of data protection rules equivalent to those in the EU,
- Amazon Web Services, Adhere to the Privacy Shield, a set of data protection rules equivalent to those provided within the EU
In accordance with the provisions of the French Data Protection Act of 6 January 1978, as amended, and the general data protection regulations, you have the right to access, rectify, delete, limit, object to and transfer your personal data.
You can find descriptions of each of your rights in the data protection centre that we make available to you at www.malt.fr/about/privacy/rights. You will also find the means to exercise them.
You have a right of access to the data concerning you processed by Malt. It allows you to view the data we have about you and, if you wish, to request a copy.
Rights to rectification
In accordance with the applicable data protection regulations, you may request us to rectify any inaccurate personal data concerning you. You may also request that incomplete personal data concerning you be completed, including by providing a supporting supplementary declaration.
In order to enable you to exercise this right as easily as possible, we invite you to make these modifications and additions directly on your profile. If you feel that other data concerning you needs to be modified or completed and you are unable to make this change yourself, we invite you to make a request directly in the rights section of our data protection centre.
You have the right to obtain from us the deletion, as soon as possible, of personal data concerning you, subject to our legitimate interest or any legal obligation to retain it.
For security reasons and to avoid unwanted deletion of the account, we invite you to do this by yourself once connected to your account by following this link : www.malt.fr/account/cancellation
With respect to your profile data, you should keep in mind that search engines and other third parties may still retain copies of your public profile information for some time after you have accepted the listing, even after you have deleted the information from the Malt site or disabled your account. If you wish, you can exercise your right to deindex directly with these search engines. For example, to make this request to Google, you can use the tool provided by the search engine here.
Right to limitation of the data processing operations
You may request Malt to limit the processing of your data (for example, temporarily making your profile unavailable on the Website), when any of the following applies:
a) you dispute the accuracy of the personal data concerning you. In this case, we will hide the data concerning you, during a time allowing us to check its exactitude;
b) you consider that the processing of your data is being carried out unlawfully and you oppose their deletion and demand instead that their use be restricted;
c) we no longer need your personal data for the purposes of processing, but they are still necessary for you to be able to establish, exercise or defend a legal claim;
d) you have exercised your right of objection under Article 21(1) of the General Data Protection Regulation. We will limit the processing of your data, during the verification whether the legitimate reasons we pursue prevail over your right.
If we decide to lift the restriction on the processing of your personal data, we will keep you informed.
Right of opposition
You may oppose the sending of communications, in particular commercial communications, by Malt. To this end we provide you with an unsubscribe link in all emails we send you and you can manage your notification preferences directly in our data protection center, in the tab, your rights www.malt.fr/about/privacy/rights.
You may also object, for legitimate reasons, to the processing of your data, unless it meets a legal obligation imposed on Malt (for example, tax declarations, social security contributions declarations, etc.).
Right to portability
You can request the portability of your Malt data at any time. By exercising this right, we undertake to transmit to you within a reasonable time and in a machine-readable format the data that you have provided to us whether they have been declared by yourself or generated by your activity on the platform.
Right to withdraw consent
You have the right at any time to refuse the processing of your personal data for personal reasons. As well as the right to refuse the processing of your personal data for direct marketing purposes.
Right to lodge a complaint with a supervisory authority
Malt Community has its main office at 42 rue de Rochechouart, 75009 Paris. As such, the supervisory authority competent to hear any request concerning us, including, where applicable, a user's complaint, is the Commission Nationale de l'Informatique et des Libertés (CNIL).
If you wish to submit any request to the CNIL, you will find their details below:
CNIL (COMMISSION NATIONALE DE L'INFORMATIQUE ET DES LIBERTÉS)
3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07
Tél. : 01 53 73 22 22
(Monday to Thursday from 9h to 18h30 / Friday from 9h to 18h)
Fax : 01 53 73 22 00
Watch out! The CNIL does not receive the public and does not provide any information on site.
If you wish to file a complaint with the CNIL, you can fill out the online complaint form available at the following address: https://www.cnil.fr/fr/plaintes
If you have a question about your computer rights and freedoms, you can consult the CNIL website: www.cnil.fr.
To find out more
You will find other useful resources related to privacy and data protection in our Privacy Centre:
- our favored approach and the actions we take to best protect your data;
- a tool for managing your notification and communication preferences;
- information on how to exercise your rights;
- a tab dedicated to exercising your right to portability
- For any question concerning the protection of your personal data processed by Malt or to exercise your rights of access, rectification, deletion, limitation or portability of your data, you can contact our DPO:
- by e-mail: email@example.com
- by mail : DPO, Malt Community, 42 rue de Rochechouart - 75009 Paris
When a company uses a service provider, it must ensure that the service provider is indeed a registered company and up to date with its tax and social contributions. It is the obligation of vigilance.
A freelancer is an independent worker (they are not an employee, and have no employee) who exercises an intellectual profession (not craft). According to our Terms and Conditions, this means any natural or legal person, either with a SIRET number and registered in the Trade and Companies Register, the Répertoire des Métiers, the Maison des Artistes, the Agessa, having the status of a micro-entrepreneur or working as a self-employed person under legal conditions from France or abroad and who offers their services to Clients/Projectors through the Webs.
Also called "factoring". Cash advance is a service offered by Malt that allows a freelancer to be paid within 5 days at the end of theirhis assignment (validation of the invoice by the customer) even if the customer has payment terms of up to 60 days. For more on this subject