Last updated: 5th May 2022.
Mistho facilitates the day-to-day conclusion of contracts by processing relevant data from your monthly payslips on your behalf, as your agent, and transmitting this data to your selected partner (the “Mistho Service"). Typical partners (“Partners”) are financial service providers and intermediaries that you have selected to engage with, for example, for the supply of rental, leasing, purchase, credit or broker services. Your selected Partner will, in turn, use and process your data to provide its own services to you or to fulfil its contract with you. You can only use the Mistho Service in conjunction with the service of your selected Partner in order to be able to use their services.
Mistho therefore makes it possible to extract your relevant personal data and to forward it to your selected Partner via secure connection in order to facilitate the your contracts with them or to otherwise benefit from or to receive their services – all without you having to copy, scan and transmit unencrypted payslips.
Scope and About Us
- To use the Mistho Services, you must be at least 18 years old. The Mistho Services are supplied for domestic and private use only, not for business use.
- If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us.
How the Mistho’s Services works
- You do not need to set up a user account or to register with us to use the Mistho Services.
- We integrate the Mistho Service into the relevant services provided by your selected Partners. When using a Partner’s service, you will be forwarded from their website or user interface to the Mistho user interface. You can recognise this by the fact that a separate Mistho window or pop-up opens, in which you are guided through our validation process.
You can choose between two different options to provide us with your payslip for the validation process:
- Manual upload of your payroll - you can provide us with your payslip using an upload function.
- Log-in via your payroll service - you can log-in via your payroll service and provide us with your payslip.
Payroll services are portals or services through which you can access your monthly payslips, income tax certificates and social security certificates, amongst other things.
As soon as you have selected your payroll service, you can enter your log-in data on our user interface (your “Credentials”). At this point, you can select whether you wish for a one-time verification or whether you require a repeated verification, for example on a monthly basis. After the log-in process, we will ask you which payslips you would like to release. By entering this data, we can access the stored payroll information via your selected payroll service. service (“access”).
In addition, a Partner has the option of informing us in advance which payslips and data it needs to perform its contract with you, including whether one-off or recurring validation is required. As part of our process, we will inform you which payslips the Partner needs from you. Before you can log in to your payroll service, you must expressly approve our access to and processing of the required payslips and the data contained in them. If you agree to the processing of the data required by the relevant Partner, you can select your payroll service and enter your Credentials in the user interface. By entering this data provided for this purpose, we can access the stored payslip(s) via your selected payroll service.
- Only after you have expressly agreed to the processing of the relevant payslips will we process those payslips and forward them to the Partner.
- The further use or processing of the data by the Partner within a Partner’s service is exclusively based on the applicable terms and conditions of the Partner and is the sole responsibility of the Partner.
Conclusion of the contract
- By clicking the "Upload" button, or after entering your log-in data in our user interface provided for this purpose, you authorize and instruct us as your agent to process your data and transmit it to the relevant Partner. This represents a legally binding offer on your part. Your offer is deemed to have been accepted by Mistho when we start to carry out the Mistho Service. The contract and relationship of principal and agent between you and Mistho is considered to be formed and come into existence at this point in time.
- The duration of a contract may vary depending upon the nature of the way in which you and the relevant Partner engages with us or uses the Mistho Services. Further details are provided in paragraph 12.
- Mistho does not charge you for the Mistho Services.
- Mistho and each Partner have entered into an agreement under the terms of which the Partner pays the charges of the Mistho Service. A Partner can, but is not obliged to, pass on any cost to you for using the Mistho Service. We have no influence over whether and to what extent a Partner requires payment from you for the provision of the Mistho Service.
- It is your responsibility to ensure that you are permitted to use and benefit from the Mistho Service under the terms and conditions of your applicable payroll service. It is important that you verify that is the case in advance of authorizing us to act as your agent.
You warrant and represent that:
- You acknowledge and agree that you are responsible for your own obligations and liabilities to any applicable payroll service and any other third party in respect of your Credentials and any payslips you provide access to. We are not responsible in any way whatsoever in respect of your relationship, or any agreement you have, with any applicable payroll service. Please see section 8 for further detail.
- You agree to use our website and the Mistho Service only in accordance with our intended purpose.
- You agree not to violate any law or regulation in connection with the use of the Mistho website or any of our Mistho services.
- Your right to use our website will cease, and Mistho reserves the right, in its sole discretion, to suspend or terminate your use of our services, if there is reason to believe that you have breached the obligations, warranties and representations in this paragraph 5.
Copyrights, other property rights and our website
- All content and materials (including logos, images, software, graphics and texts) on or available through our website and associated with the Mistho Services is protected by copyright and other laws, and Mistho or its licensees own all intellectual property rights in the same.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded from our website or our services in any way, and you must not use any images, illustrations, photographs, video or audio sequences, graphics or logos separately from any accompanying text. You must not use any part of the content or materials from our website or the Mistho Services for commercial purposes.
- The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely.
- Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
- We do not guarantee that our website or other technology we use will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
- You must not misuse our website or other technology we make available to you by knowingly or carelessly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful or otherwise attempt to gain unauthorised access to, or otherwise seek to interrupt the operation of, our website or technology facilities and assets.
- Our website, materials and services may contain names, trade marks and/or logos of third parties. These names, trade marks and logos are used only to identify those Partners which are currently compatible with Mistho. All rights in the names, trade marks and logos of such third parties remain solely and exclusively with their respective owners.
- Nothing is intended to, or shall be deemed to, establish any partnership or joint venture between Mistho and any Partner, constitute either Mistho or any Partner the agent of the other, or authorise either Mistho or any Partner to make or enter into any commitments for, or on behalf of, the other.
- Where our website, materials and services contain links to other websites, resources or services provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites, resources or services, or information you may obtain from them. We have no control over the contents of those websites, resources or services.
- Your right to use our website will cease, and Mistho reserves the right, in its sole discretion, to suspend or terminate your use of our services if we believe that your conduct breaches this paragraph 6, and you must, at our option, return or destroy any copies of the content or materials you have made.
Access to our Services and Changes
- Mistho endeavour to provide ongoing and continuous access to the Mistho Service where possible but you understand that availability at all times is not guaranteed, both for reasons inside and outside our control.
- Where possible we will give advance notice of a suspension of all or part of the Mistho Services [via our website and to the relevant Partners], unless the problem is urgent or an emergency.
- We are not responsible for delays or service interruptions outside our control. If our supply of the Mistho Service is delayed or impacted by an event outside our control then we will take reasonable steps to minimise the effect of the delay or interruption. If there is to be a substantial delay or interruption we will notify [this via our website and to the relevant Partners].
Mistho's Liability to you
- In providing the Mistho Service, we of course do not intend to, and cannot readily foresee circumstances in which we would, cause financial or other loss or damage for you. The remainder of this paragraph 8 applies where nevertheless such loss or damage does occur.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and (b) for fraud or fraudulent misrepresentation.
- We are not liable for business losses. We only supply the Mistho Services for your domestic and private use. If you use the Mistho Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Your Liability to Mistho
- You release us from all claims, including claims for damages that third parties (including Partners) assert against us, if you have breached your obligations to them by using the Mistho Services. In this case, you assume all reasonable costs, including the reasonable costs incurred for legal defence, which we incur as a result of your breach of the rights of third parties for which you are responsible.
How we will use your personal data
Right to end a contract
Each time you use or permit the use of any of the Mistho Services, you create a separate contract with Mistho. A contract ends with the complete provision of the Mistho Service by Mistho, which may be (depending on the nature of the instructions we receive from the relevant Partner):
- after one-time access to your payroll provider;
- upon completion of a set number of reoccurring times of access to your payroll provider; or
- upon us being informed that access is no longer required or permitted, where we were requested to access your payroll provider on a regular or ongoing basis.
- You are entitled to terminate a contract by changing your mind within fourteen (14) days from the date the contract is formed, without giving reasons. This is your “cooling off” period. This right does not apply to a contract if supply of the Mistho Service has commenced or has been completed (such as in relation to one-time access), even if the cancellation period is still running. In order to inform Mistho of the decision to withdraw from the contract please email firstname.lastname@example.org or send a letter by post to Mistho Services Limited, 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.
- We may end a contract on reasonable notice to you or if you break it. We may end a contract at any time by writing to you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Mistho Service.
- You are entitled to terminate a contract under paragraphs 10.2(b) and 13.4.