Company: Public limited company of Luxembourgish law IF Payroll & HR having its registered office in L-2529 Howald, 45, rue des Scillas.
Service « MyPay.lu »: A free User Account which is provided to the employees of the Client, which allows to have electronic access to the legal documents related to the User’s contract within the meaning of Luxembourgish Labour Law.
Client: Employer, natural person or corporate entity who subscribes to the Service « Mypay.lu ».
User: Employee, natural person who has a contract with the Client within the meaning of Luxemburgish Labour Law.
User Account: Electronic Account named Service « MyPay.lu » which allows the Company to provide to the User the legal documents related to his contract within the meaning of Luxembourgish Labour Law and allows the User to consult them via internet.
2.1. The present Terms and Conditions rule the conditions under which access is granted to the Service « MyPay.lu », as described in point 1, as well as the usage rules.
2.2. The access and/or the utilization of the Service supposes that the present Terms and Conditions have been expressly accepted and that they will not be violated. They are considered as a contract between the Company and the User.
3. Access to the User Account and identification of the User
3.1. The access to the Service is granted through identification via a username and a personal and secret password.
3.2. The User agrees to keep secret his username and password and not to disclose them to third parties. Any use of the username and password is the sole responsibility of the User.
Recommendation: The use of a private email address is highly recommended.
4. Transmission and utilization of the data available via the User account
4.1. By accepting the present Terms and Conditions, the User accepts expressly that the legal documents related to his contract within the meaning of Luxembourgish Labor Law are exclusively transmitted by electronic way via the User Account.
4.2. No paper version of the aforementioned documents will be sent via postal dispatches.
4.3. The User is sole responsible to save and to print the aforementioned legal documents.
4.4. The User expressly accepts that the use of these documents is at his own risks.
4.5. The Company does not guarantee the accuracy of the provided documents. The Company cannot be held liable for any mistake contained in the provided documents.
4.6. The Company cannot be held liable in case of none payment of the salary.
4.7. The User is liable for the use and the manipulation of any material and/or program and/or downloaded data which may interrupts, destroys or limits the functioning of the User Account.
5. Protection of Personal Data
5.1. The Company is committed to the protection of privacy and to respect the legislation on the protection of personal data (in particular the General Data Protection Regulation EU2016/679, known as the "RGPD").
5.2. The Company collects and processes the personal data of the User in connection with the provision of the "MyPay" Service.
5.3. Categories of personal data.
• The Company processes the personal data of the User communicated to the Company by the Client for payroll management and administration purposes as well as for supply of the "MyPay" Service purposes (name, surname, email address, national number, data necessary for the publication of pay slips and remuneration certificates).
• The Company processes some technical information such as the IP address, login details, type and preferences of the browser (browser language) of the User, the operating system and the type of terminal (computer, mobile , tablet) as well as cookies (cookie XSRF).
5.4. Purposes and legitimacy of the processing. The data collected by the Company are necessary:
• Regarding the information required to provide the "MyPay" Service: the activation of the User Account, the provision of salary statements and salary certificates to the User in a digital form (processing necessary for the execution of the contractual obligations of the Company).
• Regarding the technical data collected by the Company when the User uses the "MyPay" Service: to ensure technical access to the "MyPay" Service and the security of the User authentication (processing necessary for execution of the contractual obligations of the Company and for the pursuit of its legitimate interests).
5.5. Recipients of the Users’ personal data The personal data of the User are accessible only to the employees of the Company who are subject to an obligation of confidentiality and security, insofar as it is necessary for the supply of the "MyPay" Service. Beyond this, the Company will not transfer or disclose to a third party the User's personal data excepted to the Company's suppliers which assist the Company for maintaining and operating the "MyPay" Service (and which are subject to an obligation of security and confidentiality as required by the law).
5.6. Transfer of the User’s personal data. The User's personal data shall not be transferred outside the European Union.
5.7. Retention of the Users' Personal Data. The personal data of the User are kept:
• Regarding the information necessary to provide the "MyPay" Service: each social document related to the User's work contract (within the meaning of the Luxembourg Labor Code) is available in the User Account for a period of 5 years as from the deposit date of the document in relation to the work contract via the User Account.
• Regarding the technical data the Company deals with when providing the "MyPay" Service: immediate deletion after users authentication.
5.8. The rights of the User regarding the processing of his personal data. In accordance with the applicable data protection legislation, the User has the following rights:
• a right of access to his personal data: the User notes that the Company processes a large quantity of data, taking that into account and in accordance with the law, the Company may ask to specify, before any data provision, what data or processing operations are covered by the request;
• the right to rectification of his personal data,
and, in the limiting cases and according to the conditions set by law (where appropriate the Company will check beforehand that these conditions are fulfilled):
- the right to erasure of his personal data;
- the right to restriction of processing;
- the right to oppose the processing of his personal data for prospecting purposes or for any other legitimate reason; and
- when it is technically possible, the right to request the portability of the data that the User has provided to the Company in order to provide the data to another data controller.
Finally, the User has the right to lodge a complaint with the Commission nationale pour la protection des données (CNPD) regarding the processing of his personal data.
For any request of information concerning the processing of his personal data by the Company or if the User wishes to exercise his rights, the User may contact the Data Protection Team by e-mail at ; email@example.com or by mail to the following address:
IF PAYROLL & HR
Data Protection Team
45, rue des Scillas
5.9. Security of the personal data of the User. The Company implements appropriate security measures to protect user’s personal data against the risk of unauthorized access, loss, misuse, disclosure, alteration or destruction.
6. Responsibility of the Company
6.1. The Company does not guarantee that the User Account is continuously available.
6.2. The Company cannot be held liable for any damage resulting from failure or interruption in the event of maintenance or system overload for example.
6.3. The Company cannot be held liable for any failure of the User account due to a wrong manipulation of the User or due to the hardware the User uses to get access to the User Account.
6.4. The Company disclaims any responsibility in case of none-receipt of the legal documents related to the contract within the meaning of Luxembourgish Labour Law.
6.5. The Company cannot be held liable for any loss of electronic data.
7. Blocking access to the User Account
7.1. The clauses sub.5.7 ceases to apply at the end of the delivery of the "MyPay" Service to the Client or in case of breach of the existing work contract within the meaning of Luxembourgish Labour Law between the User and the Client.
7.2. In this case, the access to the User Account will be limited to a period of six (6) months from the end of the delivery of the “MyPay” Service by the Company or from the end of the employment relationship between the User and the Client.
7.3. After that period of six (6) months, the access to the User Account will be blocked.
7.4. In case of termination of the work contract between the User and the Company and in case of use of the professional email address to access the User account, the User engages herself/himself to communicate a private email address to the Client’s HR responsible before final departure.
7.5. The Company reserves the right to block the access to the User Account in case of use of the account contrary to public order or to the present Terms and Conditions.
7.6. The User is not entitled to any compensation as a result thereof.
8. Modification of the Terms and Conditions
8.1. The Terms and Conditions can be modified at any moment.
8.2. The Company informs the User of the new Terms and Conditions.
8.3. Such modification may only take effect one (1) month following the notification.
8.4. The User may, by sending a registered letter with acknowledgement of receipt to the Company within thirty (30) days following the notification of the modifications, terminate with immediate effect and without costs the contract binding the Company and the User.
8.5. After expiry of the said thirty (30) days, the aforementioned modifications shall be considered as having been accepted by the User.
9. Severity clause
9.1. If one of the clauses of the present Terms and Conditions is declared void, for whatever reason, the validity of the remaining clauses of the present Terms and Conditions is not affected.
10. Applicable law and jurisdiction
10.1. The law of Luxembourg governs these Terms and Conditions
10.2. Any dispute arising from the present Terms and Conditions is for the exclusive jurisdiction of Luxembourg City Courts.
11. Acceptance of the Terms and Conditions
11.1. By clicking « I accept » at the first connection to the User Account, the User accepts expressly the present Terms and Conditions.
The present document is a free English translation of the French version of the “CONDITIONS GENERALES APPLICABLES AU COMPTE UTILISATEUR”.
In case of any discrepancies or contradictions between the English translation and the French version, the French version shall prevail.
Last update December, 17th,2018