Treamer Terms of Service

1. Definitions and Service Description

1.1 Definitions‍

1.1.1 ”Service Provider” shall mean Treamer Oy or its partners or both, as the context may require.

1.1.2 ”Service” shall mean the electronic employment service offered by Treamer Oy to its Users.

1.1.3 ”User” shall mean any and all persons using the Service provided by Treamer Oy.

1.1.4 ”Client” shall mean a company, community or other legal entity that uses the Service to purchase employment services.

1.1.5 ”Employer” shall mean Treamer Estonia OÜ that acts as the employer and personnel service provider in the service.

1.1.6 ”Employee” shall mean a person that uses the Service for purposes of finding employment regardless of any success of said purposes.

1.1.7 ”Task” shall mean an action which a Client lists on the Service to be discovered by an Employee or which an Employee has undertaken to perform in the Service or both, as the context may require.

1.1.8 ”Instructions” shall mean, in addition to these Terms of Service, any instructions and/or other guides published in the Service or other communications.

1.2 Service Description‍

1.2.1 These Terms of Service govern the use of the Treamer service, owned by Treamer Oy, when the client is a business, a community or any legal entity. When a private person uses Treamer to act as an Employer different terms of service are applied. Treamer service is a marketplace where Clients can purchase personnel services from Treamer’s partner company Treamer Estonia OÜ.

1.2.2 In addition to these Terms of Service, the User agrees to comply with any instructions of the Service Provider on the use of the Service, possibly given separately or in connection with the Service.

 

2. Right of Use and User Information

2.1 The use of the Service requires registration. By registering to the Service, the User agrees to have read these Terms of Service and undertakes to comply with these Terms of Service in all uses of the Service and consent to the processing of your personal data in accordance with the Privacy Policy.

2.2 Every registered User has their own profile and username. For security reasons, the User is obligated to disclose their identity to their trading partner once the User is purchasing or selling services.

2.3 When a Task is completed and remuneration paid, Users are suggested to leave a review of their experience on a five-star scale rating system and provide optional written feedback.

2.4 By registering to the Service the User shall receive a right to use the Service in accordance with these Terms of Service and other instructions regarding the Service. Upon registering, the User shall provide the required registration information which allow the User to be identified and authenticated, and pick a password-protected username for the use of the Service. Impersonating as another person may be punishable as a crime.

2.5 The Service Provider shall have the right to refuse access to the Service if complete User Information is not provided or if the Information is insufficient, incorrect or inappropriate, or the User does not otherwise meet the conditions for granting access to the Service.

2.6 In order to register, you must be at least 18 years of age or older. By registering, the User assures that they are at least 18 years of age or older. A single User may have only one account.

2.7 The Service Provider shall handle the personal information of registered Users confidentially and in accordance with legislation on protection of privacy.

2.8 The Service Provider shall have the right to remove or freeze a User account at any time if the User is under suspicion of crime, does not follow instructions, or acts contrary to good practice.

2.9 The Service Provider shall have the right to inform the authorities if the User is suspected of a criminal offence.

2.10 The User shall not have the right to assign or transfer their right of use of the Service to a third party.

 

3. Rights, Obligations and Liabilities of the User

3.1 The User undertakes to use the Service using their real name. The Service Provider shall reserve the right to remove the User from the Service if the User misrepresents herself using false information. Using a false identity is a criminal offence, and the Service Provider shall have the right to report all cases of abuse to the official authorities of the country where the Task is performed.

3.2 The username and password are user-specific and may not be transferred or disclosed to a third party. The User is responsible for all the activity conducted in the Service with their user account. In the event of disclosure of the password or username to an external party the User shall immediately inform the Service Provider.

3.3 The User shall be responsible for all direct and indirect costs resulting from the use of the Service.

3.4 The User undertakes in all use of the Service to act in accordance with these Terms of Service, any other guidelines regarding the use of the Service, as well as laws and good practice. No Tasks or services may be offered in the Service that the Service Provider has deemed prohibited or that are unethical or unlawful.

3.5 The Service may not be used in a manner that is harmful or offensive to the Service Provider, other Users of the Service, or third parties. If the User submits any image or video content to the Service, the User shall be responsible for having all necessary copyrights and other intellectual property rights to said submitted content.

3.6 The User shall receive and use the Service at their own risk, and by listing a service or Task they shall strive to describe it truthfully and in sufficient detail.

3.7 The User represents and warrants that they have the right to offer a service or work that they have listed. When the work is completed, The Employer is responsible for paying the Employee remuneration that was agreed upon. The Service Provider shall not be liable for any unlawfully occurred event or action.

3.8 The User acknowledges that when they, either as an Employee or Client, have agreed on certain work, they shall also be liable to be bound by agreed procedure.

3.9 The User is recommended to leave a review of the opposing party after every service or Task on a five-star scale rating system, and strives towards an as truthful review as possible.

3.10 The Tax is paid for Tasks brokered according to the tax law regulations of the states involved. The Service Provider shall not be responsible for the User’s tax or insurance matters.

3.11 The Users shall resolve all possible disputes regarding the Task between themselves. Repeated issues shall be reported to Service Provider in order for them to be able to interfere with said issues.

3.12 The User shall be liable for any use of the Service happening through their account.

3.13 The Employee shall have the right, upon request, to receive a written testimony from their Employer which may be delivered to the Employee by the Service Provider in the manner separately provided in the Service.

3.14 The Employee may neither utilise unlawfully nor divulge to third parties the trade secrets or information that are not commonly known of the Client or the Service Provider. Liability for any loss incurred by the Client or Service Provider applies not only to the Employee who divulged the trade secret or information that is not commonly known, but also to the recipient of this information, if the latter knew or should have known that the Employee had acted unlawfully.

3.15 The Client undertakes not to recruit or induce, directly or indirectly, Employees encountered through the Service to an employment relationship, service relationship, business relationship, or any comparable agreement unless otherwise specifically agreed in writing between the Client and the Service Provider. If the Client violates this agreement, the Client is obliged to pay the Service Provider a fee of seventy-two thousand (72 000) euros for each recruited or induced Employee.

4. Rights, Obligations and Liabilities of the Service Provider

4.1 The Service Provider shall offer to the Users of the Service a mobile application which is generally accessible 24 hours a day. The Service Provider shall, however, have the right to take the Service or part of it temporarily down due to maintenance, installation, modification, public order and safety, excessive load on the system, or any other similar reason.

4.2 The Service Provider shall have the right to add, change or remove portions of the Service, as well as to change free of charge components of the Service to paid components, or to discontinue the maintenance of the Service in part or in its entirety. The Service Provider shall seek, where it is reasonably practicable, to inform of changes and interruptions in the Service relevant to the User in advance to the User through the Service or by other appropriate means. The changes shall take effect as soon as they are implemented.

4.3 The Service Provider shall not provide any direct or indirect guarantees of the functioning or features of the Service and does not guarantee that the Service will function without interruptions or errors.

4.4 The Service Provider shall not be responsible or liable for the content of the Service or accuracy thereof with the exception of content produced by the Service Provider. The Service Provider shall not, therefore, be responsible or liable for the correctness of User Information, the services or work listed by the Users in the Service, the accuracy or legality of listings, or the correctness of information given by the User.

4.5 The Service Provider shall only act as an employment broker and salary payment service, and is therefore not responsible or liable for the fulfilment of offered services or work, the quality of services or work, nor any wrongfully occurred matter during the performance of a service or work.

4.6 The Service Provider shall not be responsible or liable for any damage, loss or other inconveniences occurring during the services or work brokered by the Service Provider.

4.7 The Service Provider shall in no event be liable for direct or indirect damages relating in any way to the Service or its use, or to information or notifications available through the Service. The Service Provider shall not be responsible for any damage caused to the User or to third parties due to the use of the Service or the presence of failures, technical faults, malicious software, links, or interruptions in the Service.

4.8 The Service Provider shall not be liable for the Users of the Service and their reliability. The Service Provider shall in no event be liable to compensate for any accidents or criminal offences occurring during the performance of the Tasks or owing to the performance of said Tasks.

4.9 The Service Provider shall have the right to close the User account if the User is acting against these Terms of Service, the law or good manners, or if the User is not logged into the Service within twelve (12) months.  The Service Provider may at any time terminate the agreement, in its sole discretion, without cause and without prior notice.

4.10 The Service is protected by copyright under the Finnish law. The Service may include material protected by copyright, trademark or other intellectual property rights. The User may not, without the express written permission of the Service Provider or other right holders, distribute, reproduce, publish, circulate or otherwise commercially exploit such protected material unless permitted by applicable law.

4.11 The Service Provider may record customer phone calls and store messages for the purposes of internal training or improving the quality of the Service.

4.12 The Service Provider may at any time change the fees and charges paid for the Service and change the non-paid Service to a paid Service, or vice versa. The fees and charges and the basis for determining such fees and charges in effect at a given time are on display on the website of the Service.

4.13 The Service Provider shall charge for the paid Service through the available methods of payment or in another possibly separately agreed method.  In the event of late payment, the Service Provider shall have the right to send the User a payment reminder and to charge penalty interest and a reminder fee. The Service Provider may also assign the debt to be collected by a debt collection agency. Additionally, the Service Provider shall have the right to refuse the User’s access to the Service.

4.14 The Service Provider shall have all rights in the content generated in connection with the use of the Service, such as video presentations and images. The Service Provider reserves the right to use any and all content generated in connection with the use of the Service or parts of it in its marketing, promotion and communications, with the exception of personal details, contact details, account details, or other personal data subject to applicable privacy laws and regulation.

 

5. Terms of personnel service

5.1 The Service Provider shall act as an employment agent between the Users of the Service. The Service Provider is not a contracting party in employment relationships formed through the Service.

5.2 In the Service, the Client personally chooses an Employee to handle the Task. The Client shall exercise the employers’ authority of direction and supervision, i.e. it is the Clients responsibility to sufficiently advise, instruct, and supervise the Employee so that the Employee is able to carry out their Tasks.

5.3 When a Client makes a purchase in the Service, Treamer Estonia OÜ is the provider of the personnel service and a fixed term employment relationship is formed between Treamer Estonia OÜ and the employee. The fixed term employment relationship lasts for the duration of the task. The probationary period of employment is always half of the duration of the employment period, but not more than four months. Employment contracts made for an indefinite period will be agreed separately. The salary and other terms of employment (type of work, place and time) are defined in the service. The price of the personnel service is based on salary costs, service fee and value-added tax.

5.4 It is the responsibility of the Client to make sure that the salary and other terms of the purchase and employment are aligned with the terms of possible collective union agreements and law that might be applicable to the work being performed.

 

6. Amending the Terms of Service

6.1 The Service Provider shall have the sole discretion to unilaterally amend these Terms of Service by notifying the User by email or through the Service. The User will be deemed to have accepted such amendments to the Terms of Service by continuing to use the Service.

6.2 Having received notification of such amendments, the User may terminate the entire agreement by email or through the Service to end before the amendments become effective.

 

7. Duration and Termination

7.1 The agreement between the User and the Service Provider shall enter into force upon the User accepting these Terms of Service and the Service Provider granting the User access to the Service.

7.2 The agreement shall remain in force until further notice. Both parties may terminate the agreement without notice by email or through the Service without cause for the termination.

7.3 After the termination of the agreement, the Service Provider shall close the User account and remove any possible material deposited by the User from the Service.

 

8. Assignment

8.1 The Service Provider shall have the right to assign or transfer the agreement to a third party provided that the assignment or transfer is linked to the Service or a part of the Service being sold, or to a change in the provider or broker of the Service.

8.2 Service Provider shall always have the right to assign or transfer the agreement.

8.3 The User does not have the right to assign or transfer the agreement. The User specifically acknowledges that the right to use the Service is personal and may not be assigned or transferred to a third party.

 

9. Applicable law and dispute resolution

9.1 The Service and these Terms of Service are governed by the laws of Finland.

9.2 Any dispute between the Service Provider and the User shall be primarily resolved amicably by negotiations. If no agreement is reached, the dispute shall be settled in the Helsinki District Court in Finnish language.

Privacy Policy

Updated 10.09.2019

1. The controller of personal data register

Treamer Oy

Business code 2699312-7

Address: Lapinlahdenkatu 16, 00180 Helsinki

2. Data protection officer of Treamer

Matias Mäkitalo

matias@treamer.com

Contact: Treamer Oy / Matias Mäkitalo

Address: Lapinlahdenkatu 16, 00180 Helsinki

3. The name of the data register

The user data base of Treamer -service

4. The use and purpose of the personal data register

The service collects personal information from users so that users can be offered a staffing service. In order for the staffing to be carried out reliably and to meet the statutory obligations related to payroll, the service will collect the personal information from the users.

The service is an online service for companies and private individuals. The users must register to use the service.

When registering the user is identified with their Facebook -user account and the logging in to the service is made using the Facebook -account.

The user is responsible for their Facebook -account password and must keep it as their personal knowledge. The user is also responsible for the use of Treamer that has happened using their account.

Personal data is used in manners allowed by the personal data act and within the boundaries set by the said act.

The registered users are in the user register of Treamer Estonia Oü. The information stored in the data register is used in accordance with the personal data act to deliver and improve the service, to contact users and handle feedback, to administer payments, for statistic purposes and for other purposes. Treamer may use third parties to carry out the said tasks.

5. The information in the data register

The personal data register may contain the following information:

  • Email address and other identifying information
  • Contact information (name, email, city, region, phone number)
  • Social security number (for salary payments, pensions and other employer obligations)
  • Photos of the users
  • Personal descriptions of the users
  • User groups
  • Messages sent between users (Chat-tool in service)
  • Task information sent by the employers and clients (address, payment and other relevant information)
  • Offers sent by the employee or persons hoping to become employees
  • Event- and user analysis information

6. The usual sources of information

The user information is transferred from Facebook:

  • Public profile which might be, depending on the settings, a user’s photo and name
  • The user’s friends
  • Email address
  • Birthday (to calculate the pension costs)

The information provided by the users when registering or later on.

Comments and reviews of the user made by other users.

7. Regular transfers of data and data transfers outside the EU or the European Economic Area

User data may be disclosed to partners, e-services or employers for functions that are essential for the service, such as storage of data, payroll obligations, payment of taxes, drafting of employment contracts, recording of work history or other work obligations.

The personal data (name, personal identification number and contact information) necessary for statutory obligations will automatically be transferred to Treamer Oy's partner who is responsible for the payment of salary, as well as the employer obligations (taxes, pensions, notices and other obligations) related to tasks performed with Treamer.

Treamer Oy’s partners in salary payments is Treamer Estonia Oü. When submitting personal information, the partners are always required to comply with confidentiality requirements.

8. The principles of the protection of data

The personal information stored in the register is kept confidential.

Information that is protected by the right to privacy (eg. social security number) is transferred only to such partners to whom information must be transferred to allow the service to function. These partners are bound by confidentiality when it comes to such information.

Only the employees of the service who need deal with personal information has access to the register with a personal username and password.

All partners who receive personal information are committed to comply with the General Data Protection Regulation or Privacy Shield -regulations in the United States. Data storage is encrypted and requires personal identification.

Personal information is deleted from the registers when the user requests his user account to be deleted as soon as this is possible.

9. Right of inspection

The user can check most of the information about himself or ferself directly from the application of the service. The user can also contact the data protection officer if he or she wants more information.

10. Correcting information

The user can update their own data directly from the application, or contact the service administrator.

11. Right to be forgotten

You have the right to claim all information about yourself to be removed for the service and our partners. Removal of salary payment data only takes place once statutory obligations have been implemented.

12. Right to limit processing

The user is always entitled to deny access to the data for direct marketing purposes.

The user can exercise his right to restrict processing of data when it is unclear whether personal data should be deleted or not.

The user can use their right when:

  • the accuracy of personal data is under dispute
  • object to the removal of personal data
  • information is no longer needed for the original purpose but can not be removed for legal reasons
  • you have objected to the processing of personal data, but no decision has yet been taken.

Restricting treatment means that we keep your information, but we can not use or disclose it without your consent, unless when used to finish statutory obligations.

13. Right to transfer data

The user has the right to transfer personal data from the register to another. The data is delivered in generally file type.

 

14. Cookies

The Treamer.com site uses cookies to develop a user experience.

A cookie is a text file that is stored on a user's computer while on the web. It contains information and, among other things, is used to facilitate the use of the website. Cookies are used to collect information about the use of the pages. The user's identity is not reflected in the cookies.

Cookies do not spread viruses or other malware because they are passive files. The site uses two different types of cookies: permanent cookies and temporary cookies:

  1. Permanent cookies are text files that are sent and stored on your computer.
  2. Temporary cookie is only stored on your computer for the duration of a web page.

To avoid cookies, you can configure your browser settings so that cookies are not downloaded to your computer. However, this may affect the functionality of the site.

15. Automated decision-making

An algorithm based recommendation may be used in the service, which may affect the decision making process of users. The final hiring decision is always made by the employer.

For example, we can could suggest to an employer seeking cleaning assistance users who are reviewed cleaners in their neighborhood.