Treamer Terms of Service

TERMS OF SERVICE

FOR THE USE OF TREAMER BY A WORKER

We are Treamer Estonia OÜ, a company established and existing under laws of Estonia, with registry code 14805983, located at Telliskivi 60a/5, 10412 Tallinn, Estonia (hereinafter „Treamer“, „we“, „us“ and „our“), and we operate an online marketplace connecting companies seeking workers to perform tasks and fill short-term vacancies with individuals seeking to perform such tasks in exchange for payment (hereinafter „Service“).

The Service is available via the platform on the website www.treamer.com and via mobile application available for downloading at Google Play and AppStore (hereinafter „Platform“).

The term „you“ or „Worker “ refers to a natural person who has accepted these Terms of Service. These Terms of Service for Workers (hereinafter „Terms of Service“) stipulate the terms and conditions, under which Treamer provides the Service to enable you to use the Platform and App. By accepting these Terms of Service and using the Service, you confirm that you have carefully read and understood these Terms of Service and you agree to be bound by these Terms of Service as well as the policies referenced herein. When accepted by you, these Terms of Service form a legally binding agreement between you and us for using the Service.

SUBSTANCE OF THE SERVICE

The Service, including the Platform, enables you to quickly, without long applications, interviews or hiring processes, find, apply for, get hired for, and get paid to fill short-term vacancies and perform simple tasks at designated times and locations (hereinafter „Tasks“), which are offered via the Platform by any business, community or other legal entity who wishes to find Workers via the Service and has therefore registered itself as a Company in the Platform (hereinafter „Company“).

Treamer shall act as an intermediary between the Workers and Companies concluding agreements via the Service. The substance of Treamer’s Service is merely to operate the online communications Platform connecting Workers and Companies, and to enable the payment of fees on behalf of the Company for the Agreements concluded via the Service. For the avoidance of doubt, Treamer is not a contracting party to any service agreement, employment contract, business agreement or any other agreement concluded via the Service by and between a Worker and a Company for the performance of a Task. Treamer shall not assume any obligations or liabilities arising from such agreements.

YOUR TREAMER ACCOUNT

In order to use the Service, you shall create your own Treamer account by submitting a registration application via the Platform, which shall contain your identification information as well as information on your experience and expectations for Tasks (e.g. work experience, qualifications, field of activity, interests). To authenticate your Treamer account, we will require you to provide your name, e-mail address or mobile number, payment data, and a copy of your identification document to verify your identity.

After completion of the registration application, you will be asked to accept these Terms of Service. By doing so, you confirm that any information submitted by you upon registration is true, accurate and complete, and you consent to use the Service in compliance with these Terms of Service. The agreement between you and us for the use of Service enters into force as of accepting these Terms of Service. For avoidance of doubt, you can enter into these Terms of Service and use the Service, incl. the Platform, only if you have accepted the Terms of Service. If you do not accept these Terms of Service, your application for Treamer account registration shall be declined and your data thereof shall be deleted.

You may create your Treamer account and enter into these Terms of Service if you are at least 18 years of age and have active legal capacity.

You will be able to edit your account information at any point, adding or removing any data. While using the Service, you shall provide accurate, complete, true and up-to-date information. Treamer reserves the right to restrict your ability to use the Service, if we have reason to believe that editing your profile is led from unethical or unfair purpose, or information provided by you is misleading, inappropriate or unsuitable.

Once you have created your Treamer account and accepted the Terms of Service, you can start using the Service. The Service can only be used by logging in to your Treamer account on the Platform. You hereby confirm and acknowledge that the right to use the Service, including the Platform, is personal and may not be assigned or transferred to any third party. You understand and agree that you are liable for maintaining confidentiality of your username and password. You shall immediately notify us if you suspect the security of your account has been compromised.

USING THE SERVICE

The use of the Service may require you to activate the function “allow location access” on your mobile phone.

The Platform enables you to find and apply for all available Tasks published by Companies who use the Platform to find Workers. You will be able to adjust the search parameters (e.g. time, location, field of activity) for the Tasks displayed to you in the Platform to find Tasks that best fit your needs and expectations. If you are interested in any offer for a Task presented to you in the Platform, you may apply for the Task.

Upon your application for a Task, your Treamer account will be disclosed to the Company who published the respective offer.

After your application for a Task, the Platform will enable you and the Company, who published the offer you applied for, to start a direct conversation to discuss and agree on the details of the Task. Please be informed that Treamer is participating in any conversation held via the Platform . Thus, if you decide to share any personal data, then such data shall become known also to Treamer. It is your sole responsibility to ensure that you do not submit business secrets, know-how, confidential or other type or sensitive or valuable information via the Platform. Treamer will not disclose information received from Workers and Companies to third parties, however, Treamer shall not be under any confidentiality obligation nor bear any liability for the loss, damage or negligent transmission of your valuable information to any third party.

You understand and acknowledge that by applying for a Task, you express your consent to enter into a legal agreement with the Company who published the offer for the performance of the Task under the conditions laid out in the offer (including time, place, fee) (hereinafter “Agreement”). Once you have applied for a Task, the Company who published the offer may accept or decline your application. The Agreement between you and the Company shall enter into effect upon acceptance of your application by the Company. You acknowledge that when the Company accepts your application, you shall be liable to be bound by the Agreement. Under the Agreement, you shall be obligated to perform the Task specified in the respective offer. When performing a Task, you undertake to comply with the Agreement, instructions and rules established by the Company, as well as applicable laws and regulations. You must perform the Task personally and you may not assign any Task, in whole or in part, or delegate any duties thereunder to any third party.

After completion of each Task, Companies are suggested to leave a review of their experience on a five-star scale rating system and provide optional written feedback. This will help us improve our Service and continue providing the best experience possible.

We reserve the right to update, amend or replace any part of Terms of Service on the basis of objective reason. In case of an update to the Terms of Service, Treamer will notify you via the Platform or by posting revised terms on our website www.treamer.com. Unless you delete your Treamer account within ten (10) days, the new terms will be effective immediately and apply to any continued or new use of our Service.

PAYMENT AND TAXES

After completion of a Task, you shall submit the duration of the performance of the Task via the Platform. The Company is obligated to confirm the duration of the Task within seven (7) business days. Upon confirmation of the Task duration by the Company, you are eligible for payment for the performance of the Task (hereinafter “Fee”).

The amount of the Fee is calculated on the basis of the hourly rate indicated in the offer for the Task published by the Company, and the Task duration submitted by you and confirmed by the Company. You understand and acknowledge that the hourly rate applicable to a Task is established by the Company in the offer for the respective Task.

The Fee shall be collected by us from the Companies and transferred to you on behalf of the Companies. For that purpose, you shall provide your payment details (bank account number, account holder name). The Fee shall be transferred to your bank account typically within seven (7) business days of confirmation of the Task duration by the Company.

All applicable taxes (incl. income tax, social tax, unemployment insurance funds and funded pension contributions) for Tasks provided through the use of the Service shall be paid to the tax authority by Treamer in accordance with the information provided by you. If no tax information is provided, the taxes shall be paid in accordance with applicable laws and guidance of the tax authority.

PRIVACY

In order to provide you with the Service, we shall collect and process personal data related to you as provided in our Privacy Policy for Workers.

By accepting these Terms of Service and using the Treamer service, you acknowledge that you have read and understood the terms of our Privacy Policy for Workers available at: https://www.treamer.com/en/estonia/terms and you agree to be bound by this.
Treamer OÜ has the right to check any private person criminal record data published by Estonian Government.

TERMINATION AND DELETION OF YOUR ACCOUNT

These Terms of Service shall take effect from the date of acceptance thereof and shall remain in effect until terminated as set forth herein.

You have the right to unilaterally terminate your Treamer account at any time (no prior notification needed) without providing any reason for termination by just deleting your Treamer account from the Platform . Upon doing so, our legal relationship is deemed to be terminated. Termination does not influence any claims or obligations that have occurred prior to the termination.

We have the right to terminate the legal relationship between you and Treamer with immediate effect and cancel your access to the Service, by deleting your Treamer account, if you (i) have provided morally inappropriate, fraudulent, misleading, incomplete or inaccurate information; (ii) are not eligible or authorized to use the Service; or (iii) have materially violated any requirement stipulated in these Terms of Service and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us; (iv) use the Service in violation of these Terms of Service or employment agreement or in a way which may cause damage to us, the Companies or any third party; (v) have repeatedly violated these Terms of Service, employment agreement or applicable laws, regulations and/or rules established by any relevant Company Additionally, we can terminate the Agreement with immediate effect and cancel your access to the Service, by serving you an extraordinary termination notice by e-mail, if it is required by the law or any public authorities for whatever reason.

After the deletion of your account, your data shall be stored in our database for another 90 day period. You may contact Treamer for transmission of a copy of your data up until that time. Once deleted, you will not be granted your data previously stored within the Platform.

LIABILITY

The Service and any content, or services, or features made available in conjunction with or though the Platform is provided „as is“ and „as available“ without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim any warranties. We do not provide any guarantees to you regarding the Treamer Service, including the Platform. In particular, we shall not be liable or responsible for any damage or loss caused by the following:

by your fault or negligence, incl. if you have violated these Terms of Service or any Agreement concluded between you and a Company for the performance of any Task, or you have submitted incorrect information;
any interruption, discontinuance, suspension or other type of unavailability of the Platform or Service. For the avoidance of doubt, we shall not be responsible for any damage or loss caused by an error related to your own device or internet connection, incl. loss caused by discharged battery;
any interruption or cessation of transmission to or from the Platform or Service;
any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Platform or Service;
deletion of, corruption of, or failure to store any content or data;
by any disclosure, loss or unauthorized use of the login credentials due to your failure to keep such credentials confidential;
the incompatibility of technologies used for accessing the Platform Service, for example, if certain features, functions, parts or elements of the Service are designed for use on a personal computer or laptop and do not function on the app.

Treamer is not a contracting party to any service agreement, employment contract, business agreement or any other agreement concluded via the Service, and does not bear any liability for legal relations created by and between you and a Company as a result of using the Service. We explicitly refer that the Service and Platform are used solely as a means for organising the connection and conclusion of Agreements between Workers and Companies and enabling the payment of fees for the Agreements concluded via the Service, but not as an employer or employment service provider.

For avoidance of doubt, the substance of Treamer’s Service is merely to operate the online communications Platform connecting Workers and Companies, and to enable the payment of fees on behalf of the Company for the Agreements concluded via the Service. The terms of the Agreement and any other arrangements related to a Task shall be negotiated and agreed upon between you and the Company directly. Treamer makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks offered by the Companies through the Service.

Treamer does not assume any responsibility for the accuracy or reliability of any information provided through the Service by any person other than Treamer. Treamer does not warrant, represent or guarantee that the information provided to you by any Company is true and accurate. For avoidance of doubt, Treamer does not have control nor affiliations with any Company and is not liable for any behaviour, responses or actions of any Company. Treamer does not warrant, represent or guarantee that you will be able to find any suitable Task or offer by using the Platform and/or Service.

Treamer shall not be responsible or liable for any claim, damage, loss or any other direct or indirect costs incurred to you during or in relation to the performance of any Task or Agreement concluded through the Service. You shall have the right to claim damages from us only if we have deliberately violated these Terms of Service. We shall not be liable for the actions or inactions of the Companies, or any damages caused to you in relation to provision of any Task.

You agree to fully indemnify, defend and hold us, our affiliated companies and their representatives harmless from any claims, costs, damage, liabilities and expenses (including attorney’s fees) incurred directly or indirectly as a result of your violation of these Terms of Service, the employment contract between you and a Company, or any provisions of the applicable law.

We shall not be liable for anything that is a result of any events beyond our reasonable control (“Force Majeure”), including, but not limited to, acts of nature, storm, fire, earthquake, explosion, food, war, insurrection, riots, terrorism, crime, the weather and climate conditions, default or failure of a third party, electrical failure, confiscation and action or threat of action of any government or government agency.

GOVERNING LAW AND JURISDICTION

Your legal relationship with Treamer shall be governed by the laws of the Republic of Estonia.

Any disputes between a Worker and Company shall be resolved upon dialogue between the relevant Company and the Worker. In case you have any complaints regarding a Task or Agreement, you should always contact the relevant Company in the first instance.

Any disputes arising from these Terms of Service shall be resolved amicably by negotiations. If no agreement is reached, the dispute shall be settled in Harju County Court in the Republic of Estonia. If you are a consumer, the dispute shall be submitted for resolution to the competent court of country of residence of the defendant, or upon discretion of consumer, competent court of its country of residence or any other competent office established in the applicable jurisdiction for the purpose of resolving consumer disputes (including the European Online Dispute Resolution platform, which may be used for out-of-court settlement of disputes: http://ec.europa.eu/odr).

CUSTOMER SUPPORT AND CONTACT INFORMATION

If you have any questions concerning the Terms of Service, you are most welcome to send us an e-mail to klienditugi@treamer.com and we will make an effort to reply within a reasonable timeframe.

We provide you customer support service via e-mail to help and assist you with the technical questions that might arise upon your use of the Service (hereinafter “Support Service”). You are welcome to ask for our help at any time by sending us an e-mail to klienditugi@treamer.com and describing, in detail, the question and/or problem you have.

Support Service is available from Monday to Friday at 9 am to 5 pm (UTC +02:00), excluding Estonian national holidays. We try to respond to your Support Service requests as soon as possible.

We will communicate all notices to you in writing by email, phone, SMS, applicable messaging service or via the Platform or App. You confirm that such a way of provision of notifications is sufficient and you explicitly refuse from the right to claim for notifications in any other form. You must ensure that the contact details provided by you to us are always valid and in working order. Otherwise you must amend them immediately.

MISCELLANEOUS

If any term or provision of these Terms of Service is held invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected. The parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.

The headings used are intended solely for the purpose of facilitating the tracking of the contents of the Agreement and have no meaning on the interpretation of the contents of any of the provisions of the Terms of Service.

Our failure to exercise or enforce any provision of or any of our right hereunder shall not mean a waiver of future enforcement of that or any other provision or right.

TERMS OF SERVICE

FOR THE USE OF TREAMER BY A COMPANY

The Service is available via the platform on the website www.treamer.com and via mobile application available for downloading at Google Play and AppStore (hereinafter „Platform“).

The term „Company“ (who can hereinafter also be referred to as “you”) refers to a company, community or other legal entity who has accepted these Terms of Service to use the Service. These Terms of Service for Companies (hereinafter „Terms of Service“) stipulate the terms and conditions, under which Treamer provides the Service to the Company to enable the Company to use the Platform for the purpose of finding workers. By accepting these Terms of Service and using the Service, the Company confirms that they have carefully read and understood these Terms of Service and they agree to be bound by these Terms of Service and policies provided herein. When accepted by the Company, these Terms of Service form a legally binding agreement between the Company and Treamer for using the Service.

SUBSTANCE OF THE SERVICE

The Service enables the Company to publish offers for simple tasks via the Platform, to quickly and easily find, connect with, and conclude agreements with workers in order to fill short-term vacancies at designated times and locations for a fee determined by the Company (hereinafter “Tasks”). The term „Worker“ refers to a natural person who is using the Service to find, apply for, get hired for, and get paid to perform Tasks which the Companies have published via the Service.

Treamer shall act as an intermediary between the Companies and Workers concluding agreements via the Service. The substance of Treamer’s Service is merely to operate the online communications Platform connecting Workers and Companies, and to enable the payment on behalf of Companies for the Agreements concluded via the Service. For the avoidance of doubt, Treamer is not a contracting party to any service agreement, employment contract, business agreement or any other agreement concluded via the Service by and between the Company and Worker for the performance of a Task. Treamer shall not assume any obligations or liabilities arising from such agreements.

YOUR TREAMER ACCOUNT

In order to use of the Service, the Company shall create a Treamer account on the Platform by submitting a registration application and accepting these Terms of Service. By accepting these Terms of Service or by using the Service, the Company confirms that any information submitted upon registration is true, accurate and complete, and consents to use the Service in compliance with these Terms of Service. For avoidance of doubt, the Company may use the Service only if these Terms of Service have been accepted. If the Company does not accept these Terms of Service, the Company’s application for Treamer account registration shall be declined and the information thereof shall be deleted.

During the registration process of the Treamer account, the Company shall provide Treamer with their company information, including the field of business, business name, registry code, address, contact information.

You may create a Treamer account and enter into these Terms of Service on behalf of the Company, if you confirm that you have full legal authority to represent and bind the Company. The Company must have full legal capacity in order to purchase the Service.

We reserve the right to reject your registration application or deactivate your Treamer account upon our own discretion at any time and without an obligation to justify our decision.

You will be able to edit the Company’s Treamer account information at any point by adding, removing or altering any data. While using the Service, the Company shall provide accurate, complete, true and up-to-date information. We reserve the right to restrict the Company’s ability to use the Service, including the Platform, if we have reason to believe that editing of the Company’s account derives from an unethical or unfair purpose, or information provided by the Company is misleading, inappropriate or unsuitable.

Once the Company has created their Treamer account and accepted the Terms of Service, they may start using the Service. The Service can only be used by logging in to the Treamer account on the Platform. You understand and agree that you are liable for maintaining confidentiality of the Company’s username and password. The Company shall immediately notify Treamer if the Company suspects the security of their account has been compromised.

USING THE SERVICE

The use of the Service may require you to activate the function “allow location access” on your mobile phone.

After creating a Treamer account, the Company may start publishing offers for Tasks via the Platform to find Workers who seek to fill short-term vacancies and perform Tasks in exchange for payment. When creating a new Task, the Company shall strive to describe the Task truthfully and in sufficient detail. If all required fields have been filled in, the Company may publish the Task.

After the Company has published a Task, the Task shall become visible to Workers via the Platform. Treamer uses an algorithm which connects suitable Workers with available offers for Tasks by displaying to the Workers offers that best match their requirements of desired Tasks. If a Worker is interested in an offer published by the Company, the Worker can express their readiness to perform the Task by applying for the Task via the Platform.

Upon a Worker applying for a Task, that Worker’s Treamer account shall be disclosed to the Company who published the Task in question.

Once a Worker’s Treamer profile is revealed to the Company, the Service will enable the Company and the Worker to start a direct conversation via the Platform, to discuss and agree on details of the Task. Please be informed that Treamer is participating in any conversation held via the Service. Thus, if you decide to share any data, then such data shall become known also to Treamer. It is your sole responsibility to ensure that you do not submit business secrets, know-how, confidential or other type or sensitive or valuable information via the Platform. Treamer will not disclose information received from Workers and Companies to third parties, however, Treamer shall not be under any confidentiality obligation nor bear any liability for the loss, damage or negligent transmission of your valuable information to any third party.

The Company understands and acknowledges that by publishing a Task via the Service, the Company expresses an offer to enter into a legal agreement with a Worker or Workers, under the terms laid out in the published offer for the performance of the corresponding Task (incl. time, location, hourly fee etc.). The Company represents and warrants that they have the right to offer the Tasks they publish and conclude agreements with Workers. By applying for a Task published by the Company, the Worker expresses their consent to enter into an agreement with the Company. The Company shall be able to accept or decline any, all, or none of the applications by Workers who applied for a Task published by the Company. Upon the Company’s acceptance of a Worker’s application, the Company and the Worker shall enter into a legal agreement for the performance of the Task, under the conditions laid out in the offer published by the Company for the respective Task, as well as other terms the Company and Worker separately agree on (hereinafter “Agreement”).

The Company acknowledges that when they accept a Worker’s application for a Task and enter into an Agreement with the Worker, the Company shall be liable to be bound by the Agreement. By entering into an Agreement with a Worker, the Company undertakes to provide the Worker with the opportunity and means to perform the relevant Task at the time and place indicated in the offer published by the Company. Prior to the performance of any Task, the Company shall ensure a safe working environment and compliance with any and all applicable workplace safety regulations. The Company is responsible for providing the Worker with the tools and guidance necessary for the performance of the Task. During the performance of a Task, the Company shall exercise the employer’s authority of discretion and supervision, i.e. it is the Company’s responsibility to sufficiently advise, train, instruct, and supervise the Worker so that the Worker is able to carry out the Task.

Subsequently to completion of a Task, the Company shall be responsible for paying a fee for the Task according to the hourly rate established by the Company in the relevant offer, as specified in Clause 4 of these Terms of Service.

After completion of each Task, Companies are suggested to leave a review of their experience on a five-star scale rating system and provide optional written feedback. We recommend you give a review as truthful as possible. This will help us improve our Service and continue providing the best experience possible for you and others using the Service.

We reserve the right to update, amend or replace any part of these Terms of Service on the basis of objective reason. In case of update to the Terms of Service, Treamer will notify you via the Platform or by posting revised terms on our website www.treamer.com. Unless you delete your Treamer account within ten (10) days, the new terms will be effective immediately and apply to any continued or new use of our Service.

PAYMENT AND TAXES

After completion of a Task, the Worker shall submit the duration of the performance of the Task via the Platform. The Company is obligated to confirm the duration of the Task within seven (7) business days after the Task duration is submitted by the Worker. In the event of the Company’s failure to confirm the Task duration within that period, the Task duration submitted by the Worker shall be deemed to be confirmed by the Company. Upon confirmation of the Task duration by the Company, the Worker is eligible for payment for the performance of the Task (hereinafter “Fee”).

The amount of the Fee is calculated on the basis of the hourly rate indicated in the offer for the Task published by the Company, and the Task duration submitted by the Worker and confirmed by the Company. The Company understands and acknowledges that the hourly rate applicable to a Task is established by the Company in the offer for the respective Task. Upon publishing a Task and concluding an Agreement with a Worker for the performance of said Task, the Company accepts the obligation to pay the Fee based on the rate determined in the published offer.

The Fee shall be collected by us from the Company and transferred to the Worker on behalf of the Company. The Company authorizes Treamer to transfer the Fee to Workers, register the period of the performance of Tasks in the register of workers and to withhold and pay the taxes and contributions payable on the Fee, in the name of Treamer and on behalf of the Company. All applicable taxes (incl. income tax, social tax, unemployment insurance funds and funded pension contributions) for Tasks provided through the use of the Service shall be paid to the tax authority by Treamer.

In addition to the Fee payable to the Worker for performance of a Task, the Company shall also pay Treamer a fee for the provision of the Service (hereinafter “Service Fee”), to which VAT will be added.

When a Task is completed, the Company is responsible for paying Treamer the agreed Fee and Service Fee. Within a reasonable time after completion of a Task, Treamer shall issue an invoice via e-mail to the Company for the Fee and the Service Fee payable for the relevant Task. The Company shall pay the Fee and Service Fee under the invoice issued by Treamer within 14 days as of the receipt of the respective invoice by the Company unless otherwise agreed in writing.

In the event of late payment, Treamer shall send the Company a payment reminder and have the right to charge penalty interest and a reminder fee. Treamer may also assign the debt payable to be collected by a debt collection agency. Additionally, Treamer shall have the right to refuse the Company access to the Service.

Treamer reserves the right to change the fees (including establish new fees) and/or other terms related to any payments made by the Company with respect to the use of the Service. Treamer will notify the Company about the foregoing by a notification on the Platform or by e-mail. The new fee will be valid and active immediately from the disclosure.

PRIVACY

In order to provide you with the Service, we shall collect and process personal data as provided in our Privacy Policy for Workers.

By accepting these Terms of Service and using the Service, you acknowledge that you have read and understood the terms of our Privacy Policy for Workers available at: https://www.treamer.com/en/estonia/terms and you agree to be bound by this.

TERMINATION AND DELETION OF YOUR ACCOUNT

These Terms of Service shall take effect from the date of acceptance thereof and shall remain in effect until terminated as set forth herein.

The Company has the right to unilaterally terminate their Treamer account at any time (no prior notification needed) without providing any reason for termination by just deleting the Treamer account from the Platform or App. Upon doing so, our legal relationship is deemed to be terminated. Termination does not influence any claims or obligations that have occurred prior to the termination.

We have the right to terminate the legal relationship between the Company and us with immediate effect and cancel the Company’s access to the Service, by deleting the Company’s Treamer account, if the Company (i) has provided morally inappropriate, fraudulent, misleading, incomplete or inaccurate information; (ii) is not eligible or authorized to use the Service; (iii) has materially violated any requirement stipulated in these Terms of Service and has not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us; (iv) uses the Service in violation of these Terms of Service or any Agreement or in a way which may cause damage to us, the Workers or any third party; (v) has repeatedly violated these Terms of Service, Agreements with Workers, or applicable laws and regulations; or (vi) is not logged into the Service for twelve (12) consecutive months. Additionally, we can terminate the agreement between the Company and Treamer with immediate effect and cancel the Company’s access to the Service, by serving the Company an extraordinary termination notice via e-mail, if it is required by the law or any public authorities for whatever reason.

After the deletion of the Company’s account, the Company’s data shall be stored in our database for another 90 day period. The Company may contact Treamer for transmission of copy of their data up until that time. Once deleted, the Company will not be granted their data previously stored within the Platform and App.

LIABILITY

The Service and any content, or services, or features made available in conjunction with or though the Platform or App, is provided „as is“ and „as available“ without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim any warranties. We do not provide any guarantees to you regarding the Treamer Service, including the Platform and/or the App. In particular, we shall not be liable or responsible for any damage or loss caused by the following:

by your fault or negligence, incl. if you have violated these Terms of Service or any Agreement concluded between you and a Worker for the performance of any Task, or you have submitted incorrect information;
Treamer shall not be liable for any content available on the Platform and/or App, or accuracy thereof with with the exception of content produced by Treamer. Treamer shall not be liable for the truthfulness of information provided in the Service Providers’ or Companies’ Treamer accounts, or information provided in offers for Tasks.
any interruption, discontinuance, suspension or other type of unavailability of the Platform or Service. For the avoidance of doubt, we shall not be responsible for any damage or loss caused by an error related to your own device or internet connection, incl. loss caused by discharged battery;
any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Platform or Service;
deletion of, corruption of, or failure to store any content or data;
by any disclosure, loss or unauthorized use of the login credentials due to your failure to keep such credentials confidential;
the incompatibility of technologies used for accessing the Platform or Service, for example, if certain features, functions, parts or elements of the Service are designed for use on a personal computer or laptop and do not function on the app.

Treamer is not a contracting party to any service agreement, employment contract, business agreement or any other agreement concluded via the Service, and does not bear any liability for legal relations created by and between the Company and Worker as a result of using the Service. We explicitly refer that the Service, Platform are used solely as a means for organising the connection and conclusion of Agreements between Workers and Companies and enabling the payment of fees for the Agreements concluded via the Service, but not as an employer or employment service provider.

For avoidance of doubt, the substance of Treamer’s Service is merely to operate the online communications Platform connecting Workers and Companies, and to enable the payment of fees on behalf of the Companies for the Agreements concluded via the Service. The terms of the Agreement and any other arrangements related to a Task shall be negotiated and agreed upon between the Company and the Worker directly. Treamer makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks performed by the Workers through the Service.

Treamer does not assume any responsibility for the accuracy or reliability of any information provided through the Service by any person other than Treamer. Treamer does not warrant, represent or guarantee that the information provided to the Company by any Worker is true and accurate. Nor does Treamer warrant that any Worker found via the Service is suitable for the Company.

Treamer shall not be responsible or liable for any claim, damage, loss or any other direct or indirect costs incurred to the Company during or in relation to the performance of any Task or Agreement concluded through the Service. The Company shall have the right to claim damages from us only if we have deliberately violated these Terms of Service. We shall not be liable for the actions or inactions of the Workers or any damages caused to the Company in relation to any Task or Agreement.

The Company agrees to fully indemnify, defend and hold us, our affiliated companies and their representatives harmless from any claims, costs, damage, liabilities and expenses (including attorney’s fees) incurred directly or indirectly as a result of the Company’s violation of these Terms of Service, or any Agreement between you and a Worker, or any provisions of the applicable law.

We shall not be liable for anything that is a result of any events beyond our reasonable control (“Force Majeure”), including, but not limited to, acts of nature, storm, fire, earthquake, explosion, food, war, insurrection, riots, terrorism, crime, the weather and climate conditions, default or failure of a third party, electrical failure, confiscation and action or threat of action of any government or government agency.

GOVERNING LAW AND JURISDICTION

Your legal relationship with Treamer shall be governed by the laws of the Republic of Estonia.

Any disputes between the Company and a Worker shall be resolved upon dialogue between the Company and the relevant Worker. In case of any complaints to a Worker regarding a Task or Agreement, the Company should always contact the Worker in question in the first instance.

Any disputes arising from these Terms of Service shall be resolved amicably by negotiations. If no agreement is reached, the dispute shall be settled in Harju County Court in the Republic of Estonia. If you are a consumer, the dispute shall be submitted for resolution to the competent court of country of residence of the defendant, or upon discretion of consumer, competent court of its country of residence or any other competent office established in the applicable jurisdiction for the purpose of resolving consumer disputes (including the European Online Dispute Resolution platform, which may be used for out-of-court settlement of disputes: http://ec.europa.eu/odr).

CUSTOMER SUPPORT AND CONTACT INFORMATION

If you have any questions concerning the Terms of Service, you are most welcome to send us an e-mail to klienditugi@treamer.com and we will make an effort to reply within a reasonable timeframe.

We provide you customer support service via e-mail to help and assist you with the technical questions that might arise upon your use of the Service (hereinafter “Support Service”). You are welcome to ask our help at any time by sending us an e-mail to klienditugi@treamer.com and describing, in detail, the question and/or problem you have.

Support Service is available from Monday to Friday at 9am to 5 pm (UTC +02:00), excluding Estonian national holidays. We try to respond to your Support Service requests as soon as possible.

We will communicate all notices to you in writing by email, phone, SMS, applicable messaging service or via the Platform or App. You confirm that such a way of provision of notifications is sufficient and you explicitly refuse from the right to claim for notifications in any other form. You must ensure that the contact details provided by you to us are always valid and in working order. Otherwise you must amend them immediately.

MISCELLANEOUS

If any term or provision of these Terms of Service is held invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected. The parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.

The headings used are intended solely for the purpose of facilitating the tracking of the contents of the Agreement and have no meaning on the interpretation of the contents of any of the provisions of the Terms of Service.

Our failure to exercise or enforce any provision of or any of our right hereunder shall not mean a waiver of future enforcement of that or any other provision or right.

Privacy Policy

PRIVACY POLICY

The privacy of the Workers’ Personal Data is important to us. This Policy has the purpose of providing an overview of the acts of processing of Personal Data that may be carried out by us through our website https://www.treamer.com and mobile app.

Treamer informs the Workers that they may freely and voluntarily determine whether they wish to provide the Personal Data requested for the provision of service in the Platform. The Worker is neither legally nor contractually obliged to provide Treamer with the Personal Data specified in this Policy. The refusal to provide Treamer with certain Personal Data may imply the impossibility of establishing a contractual relationship with the Worker and he/she may not be able to use our services, or only to a limited extent.

General Definitions

Treamer, “we” or “us”	Treamer Estonia OÜ with registry code 14805983, located at Telliskivi 60a/5, 10412 Tallinn, Estonia
Company	a legal entity who wishes to find Workers via Platform and has therefore registered itself as a Company in the Platform
Worker	a natural person who wishes to find a vacancy or perform services via Platform and has therefore registered himself as Worker in the Platform
GDPR	regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
Policy	this privacy policy
Personal Data	any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person Personal Data processed by Treamer is described under Section 3
Platform	an online communications platform operated via website https://www.treamer.com, and mobile app
Processing	any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction
Controller	a person who alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
Processor	a person who Processes Personal Data on behalf of the Controller
Service	any services provided by us via Platform
Terms of Service for Workers	general terms, regulating the use of the Platform and the provision of the Service to the Worker, which forms a legally binding agreement between the Worker and Treamer

The Controller of Workers’ Personal Data

Treamer as the platform service provider is considered as a Controller in relation to any Workers’ Personal Data collected and processed via Platform.

Once the Worker enters into a contractual relationship with the Company, the Company is considered as a Controller in relation to any employment related date.

Treamer and the Company are independently determining the purposes and means of the Personal Data Processing. The Parties do not Process Personal Data on behalf of each other and they do not get any instructions on Processing from the other Party. Thus, both Parties are considered as independent Controllers.

This Policy regulates the Personal Data Processing activities which are solely performed by Treamer. This Policy does not establish Personal Data Processing rules applicable for the Processing activities carried out by the Company. Each Company shall be solely liable for the fulfilment of the obligations set forth in GDPR, incl. the obligation to provide information to the Workers.

For avoidance of doubt, Treamer shall not be liable in any case for any violation of GDPR by the Company.

Personal Data

We Processes the following Personal Data about the Worker:

Personal Details – full name (surname and given name), gender, personal identification code, home address, e-mail address, mobile phone number, citizenship;
Identification Data – data retrieved from the copy of a passport, such as document number, issue date, expiry date and issuing entity;
Profile Data – Google or Facebook profile data (such as name, e-mail address, language preference and profile picture), profile video;
Reliability Data – data concerning the punctuality of the Worker based on the latest 5 shifts, incl. data concerning late cancellations and missed shifts;
Background Data – previous work experience, incl. the business name of the previous employer, job title, start and end month of the employment, industry of the work, and any other data the Worker provides in the position description; data concerning education;
Characterization Data - data the Worker provides about himself, e.g. strengths, special personal characteristics, which kind of work is the Worker looking for, hobbies and interests of the Worker;
Employment Data – Worker’s employment history within the Platform, employment data with whom the Worker is engaging, the terms of the employment, working hours, actually performed hours, salary rate, salary calculation;
Payment Data –Worker’s account number (IBAN), account holder name, bank name;
Correspondence Data – Worker’s correspondence and any other interactions with the Companies in the Platform;
Permits Data - Work permit, driver’s license or any other relevant document the Worker need to submit in order to apply for the position;
Support Data – communication between us and the Worker (inquiries submitted via Platform or email), complaints of the Worker;
Device Data – information regarding the device on which the Worker is using the Platform, including the device’s model, name or any other identifier and the IP address;
Preference Data – Worker’s preferences in the Platform;
Usage Data – data about Worker’s interaction in the Platform.

Sources of Personal Data collection

We are processing mainly the Personal Data which is submitted to us directly by the Worker. We may, however, process also Personal Data which we receive from the Company with whom the Worker is engaging (e.g., data allowing us to assess the Worker’s reliability).

The Personal Data collected from third parties shall be combined with the Personal Data collected directly from the Worker and that combined information shall be treated as set forth in this Policy.

PROCESSING PURPOSES AND LEGAL GROUND

We are Processing the Workers’ Personal Data on the following legal grounds:

Processing is necessary for the performance of the agreement (GDPR article 6 (1) (b));
Processing is necessary for compliance with a legal obligation to which we are subject to (GDPR article 6 (1) (c));
Processing is necessary for the purposes of the legitimate interests pursued by us (GDPR article 6 (1) (f));
Worker has granted a consent to the Processing of his Personal Data (GDPR article 6 (1) (a)).

Processing purposes and legal ground for the Processing activity has described more specifically in the schedule below.

PURPOSE OF PROCESSING	LEGAL GROUND FOR PROCESSING	RETENTION PERIOD
to enable an individual to sign-up as the Worker in the Platform and provide Platform services stipulated in the Terms of Service for the Worker	Necessary for the performance of the contract	Personal data may be processed during the course of the contractual relationship and 3 years thereafter
to contact the Worker for administrative communications and to handle Worker’s complaints	Necessary for the performance of the contract	Personal data may be processed during the course of the contractual relationship and 3 years thereafter
to send promotional information related to the recruitment and hiring service	Consent	Personal data may be processed until the given consent is revoked
automated decision-making including profiling related to the activity of providing and applying for tasks	Necessary for the performance of the contract	Personal data may be processed during the course of the contractual relationship and 3 years thereafter
to enable the posting of personal content to the Platform (such as profile picture, profile video, Characterization Data)	Consent	Personal data may be processed until the given consent is revoked
to enable the Companies to rate the Workers to ensure transparent presentation of the Workers	Necessary for the performance of the contract	Personal data may be processed during the course of the contractual relationship and 3 years thereafter.
to ensure the Worker has all necessary permits to provide services and perform tasks	Necessary for the performance of the contract	Personal data may be processed during the course of the contractual relationship and 3 years thereafter.
to make remuneration payment	Necessary for the performance of the contract entered inti with the Company	During the validity of the contract entered into with the Company
to declare, withhold and/or pay taxes, or other payments in connection with Worker’s employment	Necessary for the performance of the contract entered inti with the Company	During the validity of the contract entered into with the Company
to tailor content we display to the Worker on Platform	Legitimate interest	No expiration date
detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity
measuring interest and engagement in our Platform
analyzing and improving our business

Automated decision making

Automated decision making refers to a decision which is taken solely on the basis of automated Processing of Worker’s Personal Data. This means Processing using, for example, software code or an algorithm, which does not require human intervention.

We do not process Worker’s Personal Data within the scope of exclusively automated processing for the purpose of making decisions which have direct legal effect on Worker without human intervention or which significantly affects the Worker in a similar way.

We use an algorithm that automatically generates a ranking of the most suitable Workers for each available job offer based on the information contained in its database, searching for the Workers who best match the requirements and characteristics of each job offer. The decision is made based on the Personal Data collected during the sign-up process and Worker’s Reliability Data.

Our automated processing of Workers’ data is necessary in order to carry out the tasks outlined in the Terms of Service for Workers.

If the Worker does not agree to the automated processing of his Personal Data, then the Worker cannot accept this Policy. In this case, it will be impossible for us to provide the Worker with our services or for the Worker to become a user of our Platform.

Transfer of the Personal Data

We may transfer Worker's Personal Data to third parties, such as:

legal and regulatory authorities;
server hosts who host our servers;
communication service providers who facilitate e-mails, and other communication between us and the Worker;
customer support and customer management service providers;
marketing service provider;
our affiliate. i.e. any company that directly or indirectly controls Treamer; any company that is directly or indirectly controlled by Treamer; or any company that is controlled, directly or indirectly, by the ultimate parent company of Treamer. Control shall mean owning more than fifty percent of the voting rights in a company or otherwise having the power to govern the financial and the operating policies or to appoint the management of a company;
other parties involved with the provision of Treamer’s service (accountants, auditors, lawyers, IT systems suppliers and support, or any other outsourcing providers);
Companies who are interested to hire the Worker;

We have taken steps to ensure that these data recipients protect the confidentiality and security of Personal Data, and to ensure that Personal Data is Processed only for the provision of service and in compliance with applicable law.

Such third parties may be located in countries outside of the European Economic Area ("EEA") whose privacy regulations may differ and which are not subject to adequacy decisions of the European Commission. In those countries the security of the Personal Data (inc. protection against misuse, unauthorized access, disclosure, alteration or destruction) may not be ensured as it is secured in the European Union, due to the lack of adequate data protection level.

When transferring collected Personal Data outside of the EEA, we ensure the application of the appropriate safeguards. If the Worker wishes to receive a copy, please contact us as instructed below.

Security

We will take appropriate legal, organisational, and technical measures to protect Personal Data consistent with applicable privacy and data security laws. Security measures shall be applied in order to protect Personal Data from involuntary or unauthorized Processing, disclosure or destruction.

Upon transferring Personal Data to third parties, we will apply the following safeguards:

We will enter into a data processing agreement with the relevant third party;
We will make sure that such third party undertakes to implement appropriate technical and organizational measures ensuring the Processing of Worker’s Personal Data in accordance with this Policy and applicable law;
We will make sure that (a) the third party is established in a jurisdiction which the European Commission has recognized as ensuring an adequate level of personal data protection, or (b) the Processing of Worker’s Personal Data is subject to other appropriate safeguards stipulated in the GDPR.

Integrity and retention of the Personal Data

We will retain Personal Data for the period required or permitted by applicable law, but no longer than it is reasonably necessary in order to achieve the purposes for which the Personal Data was collected.

We will take reasonable steps to ensure that the Personal Data we Process is reliable for its intended use, accurate, and complete as necessary to carry out the purposes described herein.

Worker's rights in regarding to the collection of Personal Data

Worker has the following rights in relation to the Processing of his Personal Data:

Request information – all data protection related information which the Worker has right to receive is provided in this Policy. The valid version of the Policy is at all times available in our Platform.
Right to access – Worker has the right to ask us to provide a copy of Worker’s Personal Data which we Process.
Right to Rectification – Worker has the right to ask us to rectify Personal Data in case the data is incorrect or incomplete.
Right to Erasure – Worker has the right to ask us to erase Personal Data, unless we have obliged to continue Processing Worker’s Personal Data under law or under a contract between the Worker and us, or in case we have other lawful grounds for the continued Processing of Personal Data.
Right to Restriction – Worker has the right to ask us to restrict the Processing of his Personal Data in case the data is incorrect or incomplete or in case his Personal Data is Processed unlawfully.
Right to Data Portability – Worker has the right to ask us to provide the Worker or, in case it is technically feasible, a third party, his Personal Data, which the Worker has provided to us and which is Processed in accordance with Worker’s consent or a contract between the Worker and us.
Right to Object – Worker has the right to object to Processing his Personal Data in case there is a reason to believe that we have no lawful grounds for Processing the Personal Data.
Right to withdraw Consent for the Processing of Personal Data – Worker is entitled to withdraw the consent granted for the Processing of Personal Data et any time. Withdrawal does not affect the lawfulness of the Processing conducted before the withdrawal.
Right to File Complaints – Worker has the right to file complaints regarding Processing of his Personal Data.

In order to exercise any rights referred herein the Worker is required to submit a written application to us (contact details can be find under Section 12). We have the right to decline this application by justifying the reasons for the refusal.

According to the article 12(3) of GDPR, we are obligated to respond to the application within 1 month. However, we will make its best efforts to respond to Worker’s request within 1 week.

Right to amend this Policy

We are entitled to unilaterally amend this Policy from time to time. Upon amending the Policy, we will notify the Worker about the terms by e-mail. In case the new terms refer to Processing of Worker’s Personal Data for any new purpose, which requires Worker’s consent, then we will not Process Personal Data for such new purpose, before it has received respective consent.

Contact Information

Should the Worker have any questions regarding this Policy or Processing of Personal Data, they are welcome to contact us with requests, inquiries or any complaints via email klienditugi@treamer.com.