Terms and Conditions

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 personnel services.

1.1.5 ”Employer” shall mean Treamer's subsidiary Treamer Finland Oy that acts as the employer and personnel service provider in the service.

1.1.6 ”Employee” shall mean 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 individual 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 Finland Oy.

1.2.2 In addition to these Terms of Service, the User undertakes 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.

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 15 years of age or older. By registering, the User assures that they are at least 15 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 data protection legislation as in force from time to time.

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 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 in writing.

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 Client is responsible for paying the Service Provider the agreed upon commission. The Service Provider shall not be liable for any service or work offered unlawfully.

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 Task.

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 Tax is paid for Tasks brokered through the Service in accordance with the tax card provided to the service by the employee, and if the tax card is not provided, the tax is paid in accordance with the guidance of the tax authority as in force from time to time. The Service Provider shall not be responsible for the User’s tax or insurance matters.

3.11 The premise is that the Users shall resolve all possible disputes regarding the Task between themselves. Repeated issues shall be reported in writing to the 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 in accordance with the Employment Contracts Act, upon request, to receive a written certificate of employment from the Employer which may be delivered to the Employee by the Service Provider in the manner separately provided in the Service.

3.14 The Client undertakes to pay the Recruitment Fee agreed separately if it enters into an employment relationship, service relationship, business relationship or anything comparable with such relationship with a User encountered, directly or indirectly, through the Service. If the Client violates this term, the Client will be required to pay the Service Provider liquidated damages of seventy-two thousand (72,000) Euros for each recruited or induced User.

 

4. Rights 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, unless otherwise provided under mandatory legislation. 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, unless the User is in an employment relationship with the Service Provider.

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, unless otherwise provided under mandatory legislation.

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, unless otherwise provided under mandatory legislation.

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, unless the User is an Employee. 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, unless otherwise provided under mandatory legislation.

4.9 The Service Provider shall have the right to close the User account and delete the User’s personal data 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.

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 accordance with the applicable price list as in force from time to time. 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 the User 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, train, instruct, and supervise the User so that the User is able to carry out the Task.

5.3 When a Client makes a purchase in the Service, Treamer Finland Oy is the provider of the personnel service and mainly a fixed term employment relationship is formed between Treamer Finland Oy and the Employee. The employment relationship becomes effective when the employee selected for the order commences employment at the time agreed upon in the contract. The fixed term employment relationship lasts for the duration of the task. The salary and other terms of employment (type of work, place and time) are defined in the employment contract made separately. 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 that might be applicable to the work being performed.

5.5 The Client has the limited right to cancel or make changes to the order in accordance with the Terms of Service as in force from time to time. The Service Provider is entitled to invoice the Client for each order in accordance with its price list in force from time to time.

5.6 If the Client and Treamer Finland Oy have not made a separate written agreement, these Terms of Service and the Private Employment Agencies Association’s (HPL) General terms and conditions for temporary agency work shall be applied, in the aforesaid order, to the cooperation between the parties.

 

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 in advance 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 in relation to the Service by email or through the Service to end before the amendments become effective.

 

7. Term and Termination

7.1 The agreement between the User and the Service Provider concerning the Service 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 and personal data deposited by the User from the Service, unless there is a proper cause to store such information.

 

8. Assignment

8.1 Service Provider shall always have the right to assign or transfer the agreement or a part of it.

8.2 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 as the first instance.

Privacy Policy

Updated on 19 January 2021

1. The data controller

Treamer Oy
Business ID:  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 or employment relationship. In order for the staffing or employment relationship 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 grounds for processing your personal data is the data controller’s legitimate interest.

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

When registering the user is identified with their email, Apple ID or Facebook -user account and the logging in to the service is made using the Facebook -account, email or Apple ID.

The user is responsible for their passwords 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 Oy. The information stored in the data register is processed in accordance with the data protection legislation 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 contains the following personal data:

User’s contact information (name, address, email, and phone number)
Employee’s identity card (passport, indentity card, driving licence),
Photo of the employee
Employee’s permit documents, hygiene passport and/or salmonella certificate
Employee’s tax card,
Descriptions made by the employee,

Reviews on the users given by other users,
Messages sent between users (Chat-tool in service)

Event- and user analysis information

6. The usual sources of information

The users’ personal data is transferred from Facebook, i.e. from the data subject himself or herself:
Public profile which might be, depending on the settings, a user’s photo and name

Email address

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 European Union 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 and contact information) necessary for statutory obligations will automatically be disclosed 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 its subsidiary Treamer Finland Oy. When submitting personal information, the partners are always required to comply with confidentiality requirements.

In all cases, personal data shall only be transferred outside the European Union (the ”EU”) or the European Economic Area (the ”EEA”) on any of the following legitimate grounds:

● the EU Commission has decided that the recipient country in question ensures an adequate level of protection;
● appropriate safeguards have been established for the transfer of personal data by using the standard data protection clauses approved by the EU Commission. User shall then have the right to obtain a copy of such standard clauses by contacting us in the manner described in this privacy policy;
● the user has given her or his explicit consent for the transfer of her or his personal data; or
● another lawful basis for the transfer of personal data outside the EU or EEA exists.

Information on the current service providers and business partners in and outside the EU or EAA shall be provided on request.

 

8. The principles of the register’s data protection

The personal information stored in the register is kept confidential.

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. 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 herself directly from the application of the service. The user can also contact the data protection officer of Treamer if he or she wants more information on the processing of his or her personal data. The user also have the right to lodge a complaint with the supervisory authority concerned or with the supervisory authority of the European Union member state of your habitual residence or place of work if he or she considers that his or her personal data has not been processed in accordance with applicable data protection legislation.

 

10. Correcting information and implementing data correction

The user can update their own data directly from the application, or contact the data protection officer of Treamer.

 

11. Right to be forgotten

You have the right to claim all personal data about yourself to be removed for the service and our partners.

 

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 personal data, 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 provided that the user has delivered the data controller such data himself or herself, and the data controller process such personal data based on an agreement, consent and the processing of your personal data is carried out by automated means. The data is delivered in generally file type.

 

14. Retention period of personal data

The user’s personal data shall be deleted after 12 months if the user has not entered into any agreements through the service and/or he or she has not logged in to the service for 12 months. In other cases, the user's personal data shall be retained throughout the contractual relationship and for 10 years after its termination, if this is necessary, for example, to defend against legal claims

 

15. 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:

Permanent cookies are text files that are sent and stored on your computer. 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.

 

16. Automated decision-making

An algorithm based recommendation may be used in the service, which may affect the decision making process of users. The data and algorithms processed are regularly reviewed to ensure that the decision-making process is working as intended and does not lead to, for example, discriminatory data processing for individuals. The final hiring decision is always made by a person.

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