Allmänna användningsvillkor

Allmänna användningsvillkor

Suomen Tilaajavastuu Oy Terms of services

Version 24.5.2018

  Terms of services

1. General
These general terms and conditions of use shall govern the use of online services provided and maintained by Suomen Tilaajavastuu Oy (hereinafter referred to as STV). The terms and conditions of use shall also govern use of the content and materials provided through the online services unless otherwise stipulated oragreed with respect to some service. An enterprise (hereinafter referred to as the User) using the services must agree to be bound by these terms and conditions of use in order to be able to use STV services. Acceptance of these terms and conditions shall not discharge the User from a possible further obligation to agree to special terms and conditions governing each service.

2. Use of and registration for the service
For an agreement on use of STV online services to arise between the User and STV, the User must: 1) create user access codes for the service by furnishing STV with the necessary personal and other details and the enterprise details required for use, 2) agree to be bound by these general terms and conditions of use and by the special terms and conditions governing each service, and 3) agree STV online service authentication via an e-mail address or in some other manner specified by STV. When registering into the service the User must also appoint an enterprise-specific main user(s) for the services, who shall be entitled to receive, create and administer the user privileges of the client enterprise and its employees on the service. STV shall be entitled the check the User’s credit record when the User first registers for the service or when the User orders new STV online services. STV shall be entitled to prevent use of paid services by the User if the credit record reveals overdue payments, or if the said measure is justified on other legitimate grounds.

3. Liability of the service provider
STV shall not be liable to the User or to any third party for:

  • any errors in data sources
  • any errors or shortcomings contained in services
  • direct or consequential loss or damage caused by the accuracy or currency of information contained in the service or by the use or interpretation of such information
  • the applicability or suitability of services for the User’s intended purpose
  • uninterrupted, timely and fault-free operation of services
  • technical faults arising in services, interruptions due to servicing or installation work, or any downtime of data communication links or the Internet, or for the consequent alteration or disappearance of information contained in the services or other information, or for data communication problems, disruptions or downtime due to third parties.

This limitation of liability shall not apply when the loss or damage was caused intentionally or by gross negligence.

4. Availability and modification of services
While offering no guarantee that services will be continuously available, STV shall seek to ensure that the services remain available without interruption. STV shall be entitled to modify the content, operation and terms and conditions of use of services to enhance
the services or for some other reason deemed justified by STV. For the sake of clarity, it is stipulated that STV shall always be entitled to interrupt the said service on account of its modification or revision, or for technical reasons pertaining to the service, for reconditioning, installation or servicing work on the data communication network, for some other similar reason, or where so required by statute or other official regulation. Downtime shall be announced in advance on the website where possible.
The User is aware that third parties beyond the control of STV (such as banks, insurance companies and public authorities) may modify their own services and service prices, and that this may affect the content, implementation and price of a service provided by STV. STV undertakes to give the User reasonable prior notice of service and price changes arising from such third party amendments where possible. The User is nevertheless aware that the effectiveness of the service provided by STV may depend on modifications and decisions made by such third parties, and that changes due to such factors will take effect immediately.

5. User’s right to use the service and materials therein
The User shall be granted the right to use STV online services for its own internal use in accordance with these terms and conditions of use and the special terms and conditions governing each service. Unless otherwise agreed in special terms and conditions, the User shall be entitled to download material from the service and to print and copy this material for its own in-house use. The User shall comply with the applicable data protection legislation 1* when User is processing material obtained from the service. The User shall always be entitled to use the material when complying with the Finnish Act on the Contractor’s
Obligations and Liability when Work is Contracted Out 2*  (e.g. by attaching reports to bids submitted by the User) or uses materials for the purposes expressly referred to in the special terms and conditions governing the service. The User shall nevertheless have no other right to release material obtained through the service to a third party, nor to publish the content or any part thereof by distribution, transmission, presentation or public display without the prior written consent of STV or some other rightsholder.
STV shall be entitled to prevent use of the service where there is justified cause to suspect that the service is being used in a manner that is contrary to its purpose or to the terms and conditions, or otherwise in a manner that is unlawful or contrary to good custom.

6. User name and password
The User shall be responsible for keeping its user name and password in confidence, and for ensuring that they are not disclosed to outsiders. The User shall be liable for use occurring under its own credentials, and for any costs or charges so caused. The User shall be required to notify STV of any loss of its user name or password, or of their disclosure to any third party. The said notification shall be e-mailed to asiakaspalvelu@tilaajavastuu.fi. The User’s liability for use of the service shall cease on receiving an acknowledgement of the said notification from STV. STV shall be entitled to change the User’s user name or password, and any other credentials that may be required for using the service, where this is necessary for technical reasons or on some other grounds that STV considers to be justified. STV shall not be liable to pay compensation for modifying such credentials.

7. Personal data
The User shall furnish STV with the necessary personal and other details and enterprise details required for use. The User shall be required to notify STV of changes in these details. The User may process personal data and other information made available in the service in full compliance with the applicable laws, STV’s terms and conditions and the privacy notices of STV’s services. STV shall be entitled to process and disclose or transfer information and personal data provided to the service by the User in accordance with the applicable laws. STV’s terms and conditions and in the manner described in the privacy notices. STV may collect anonymized statistical data on use of services and service use indicators for service development and maintenance, and for the purpose of developing new services. The User’s personal data shall be recorded in the STV’s customer register. STV shall not transfer information from the customer register to third parties otherwise than as specified in the special terms and conditions of
the service and in the privacy notice. In an event User’s use of the service results in creation of a customer specific register where the User is considered to be the controller of the data file and STV is a processor, STV’s Special terms and condition concerning processing of personal data shall apply in addition to these special terms and STV’s General terms and conditions of use. The User shall maintain all information that the User has entered into the service up to date and accurate. The User shall be responsible for ensuring that any data in the service concerning User’s own employees is up to date and accurate and that any incorrect, defective, obsolete or outdated data is corrected or removed upon employee’s request. STV takes care of the maintenance of other data in cooperation of the controller of such data, if STV is not the controller.

1* Data protection legislation shall mean as of 25th May 2018 European Union General Data Protection Regulation
(679/2016) and applicable national data protection legislation and orders of the data protection authorities.
2* Laki tilaajan selvitysvelvollisuudesta ja vastuusta ulkopuolista työvoimaa käytettäessä, no. 1233 of 2006, referred to herein as the
Contractor’s Liability Act.

8. Data security
STV shall ensure that all approppriate technical and organisational measures are use in the service to protect personal data and confidential customer information.

9. Hardware, software and connections
The User shall be liable for procuring the hardware, software and network connections that it uses for accessing the service, and for their functionality and associated costs. The said resources may not disturb or otherwise inconvenience the service or other network users. The User is aware that no online environment or service provides total data security. The User shall be liable for appropriately managing information security and data protection of its own information systems.

10. Service fees
Use of services shall be conditional on payment of the service charge or other charge notified with respect to each service.
Contractor liability reports on enterprises subscribing to the Reliable Partner programme are provided free of charge from the tilaajavastuu.fi service. Fees are charged for reports on other enterprises. STV reserves the right to change the prices and pricing criteria of services by issuing one month’s prior notice of the change via the service user interface. The current prices and pricing criteria shall be displayed on the STV website at all times.

11. Payment
The User shall be required to pay the fee charged for payable services when invoiced or in some other manner designated by STV. Annual fees shall always be invoiced in advance for the 12 months following the date of subscribing to the service. Other fees shall be invoiced in the manner indicated in the service description, either on the date of subscribing to the service or in arrears for an invoicing period stipulated in the service description. The invoice shall fall due for payment 14 days after the invoicing date. The invoice must be paid on or before the due date. STV shall be entitled to collect delay penalty interest on delayed payments reckoned as of the due date in accordance with the Interest Act3. STV shall be entitled to charge its listed reminder price to
cover the associated costs of processing reminders. STV shall also be entitled to charge reasonable invoice collection costs or to assign the invoice for collection by another company. STV shall be entitled to block the User’s access to the service if a remittance is overdue and has not been paid within two (2) weeks of sending a reminder. STV shall be entitled to collect reasonable compensation for reopening the service.

12. Liability for loss or damage
The User shall be liable for compensation for the direct loss or damage arising from use of the service in a manner that is contrary to these general terms and conditions of use, to the special terms and conditions of a service, or from use that is contrary to some other agreement or statute. STV shall have no liability to compensate for any direct or consequential loss or damage caused to the User by using services unless STV caused the said loss or damage wilfully or by gross negligence. The liability of STV to compensate the User for loss or damage shall nevertheless be limited in all cases to not more than the total service fees received from the said User over the six months preceding the event that caused the loss or damage.

13. Force majeure
Force majeure shall discharge STV from its duties with respect to the service in the event that the said force majeure prevents or unreasonably impedes some performance pertaining to the service. Examples of force majeure shall include fire, earthquake, flood, explosion, strike or other stoppage of work, regulations of 3* Korkolaki, no. 633 of 1982 public authorities, disruption of energy supplies, shortage of raw materials or accessories, disruption of cable or other data communications caused by or arising from outside factors, or other comparable causes that were not foreseen and that could not reasonably have been forestalled.
STV shall announce force majeure on its website immediately after it arises if such an announcement is possible.

14. Validity
Unless otherwise agreed in special terms and conditions, the User shall be entitled to terminate a service agreement in writing at any time and for any or no reason. STV shall be entitled to terminate a service agreement by notifying the User in writing one (1) month before the termination takes effect. Either party may rescind this agreement with immediate effect in cases of gross breach of contract. STV shall also be entitled to suspend the provision of services to a User that has acted in an unlawful manner
or infringed these general terms and conditions of use or the special terms and conditions governing services. STV shall have no duty on termination of the agreement to refund any fees paid by the User.

15. Amendment of terms and conditions of use
STV shall be entitled to amend these general terms and conditions of use and any service-specific terms and conditions by announcing the amendments on the service website one (1) month before they take effect. The User shall approve the amendments by continuing to use the services.

16. Assignment of rights and duties
The User shall have no authority to assign its right to use services or any agreement concluded concerning the services to a third party without the written consent of STV. STV shall be entitled to assign the services or an individual service (including maintenance and its associated duties and liabilities) and any other agreement concluded concerning the services to a third party.

17. Settlement of disputes
All disputes pertaining to the contractual relationship between STV and the User, to the services and their use, or to the terms and conditions of use shall be settled at the District Court of Helsinki.

18. Applicable law
The contractual relationship between STV and the User and the terms and conditions of use shall be governed by the laws of Finland.


Special terms and conditions concerning processing of personal data

(Data Processing Agreement)
Version 25.4.2018

1. Scope
These special terms and conditions shall apply when Suomen Tilaajavastuu Oy (“STV”) processes personal data on behalf of the User (who is the controller) when STV provides the following SaaS services (“Services”) to the User:

  • Ilmoita service (employee register)
  • Building Site Register (building site specific register that is used for to the Finnish regulatory reporting within construction sector)
  • Valvoja service (personal data included in the supplier monitoring lists)
  • SignSpace (users of the organisation account and their content)
  • other subsequently agreed services where the User is the controller of a data file

When using these Services the User acts as the controller and STV acts as the processor of personal data acting on behalf of the controller. In addition to these special terms and conditions, STV’s General terms and conditions together with the special terms and condition of each Service shall apply. In case of discrepancy between these special terms and conditions and the STV’s General terms and conditions, these special terms and conditions shall take precedence.

2. Definitions
“Personal data” means any information relating to an identified or identifiable living natural person. “Processing” means 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” means anyone who alone or jointly with others determines the purposes and means of the processing of personal data “Processor” means a natural or legal person, public authority, agency or other body which processes personal
data on behalf of the controller. “Agreement” means the agreement between the User and STV on the provision of the Services including applicable STV’s General terms and conditions and the specific terms and conditions of applying to each
Service. “Data protection legislation” means the General Data Protection Regulation (679/2016) of the European Union, any other applicable national data protection provisions, and any regulations and instructions issued by the data protection authorities.

3. Nature and purpose of processing
STV shall process Controller’s personal data as follows:

3.1 Scope and duration of processing
STV acting as a Processor processes Controller’s personal data that is stored in the Services set out in section 1. STV will process personal data as long as Controller is using each Service. Upon termination or expiry of the Agreement STV shall cease processing personal data and return or delete personal data in the manner described in the special terms and conditions of each Service.

3.2 Nature and purpose of processing
STV shall process Controller’s personal data in order to provide the Services to its customers. In the course of the provision of the Services STV will process personal data for the purposes of delivery of the Services, billing, customer support, prevention and investigation of errors or misuse of the Services, measuring quality and performance of the Services and for the further development of the Services. In the course of delivery of the Services STV will collect log files on the use of the Services and will process collected log files for the above listed purposes. STV is the controller of the log files.

3.3 Types of personal data and categories of data subjects
Types of personal data and categories of data subjects are described in the special terms and conditions of each Service.

4. Controller’s responsibilities and rights
4.1 Controller shall take all necessary measures to ensure that Controller acts in full compliance of the data protection legislation when Controller transfers processing of personal data to STV. Controller shall particularly ensure that they will add into their employee register only persons who have valid employment, trainee or director relationship with Controller and that Controller deletes from its employee register without delay the person when such relationship with Controller has terminated.

4.2 Controller has the right to give binding written instructions to STV on the processing of personal. Unless otherwise agreed, the parties shall consider Controller’s binding written instructions to be that STV provides the Services in accordance with the Agreement and at the time valid service descriptions. STV shall have the right to terminate the Agreement, if Controller orders in its binding written instructions measures that are not technically feasible or if Controller refuses to compensate the costs of taking such measures.

5. Processor’s responsibilities and rights
5.1 STV shall process personal data in compliance with data protection legislation and in accordance with the Agreement and Controller’s binding written instructions. STV shall notify Controller without delay if STV considers that Controller’s instructions infringe the data protection legislation.

5.2 STV shall keep Controller’s personal data confidential and not to disclose the personal data to any third parties or in any other way use the personal data in contradiction with the Agreement. STV shall also ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

5.3 STV shall implement all appropriate technical and organisational measures necessary in order to combat and protect personal data against unauthorised or unlawful processing and protect personal data against unintentional loss, change, destruction or damage.

5.4 STV shall assist Controller (taking into consideration the nature of processing) by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of Controller’s obligation to respond to and to fulfil requests from data subjects exercising their rights laid down in Chapter III of the GDPR. If STV has made available an online service for the data subjects to review and access their personal data, Controller authorises STV to respond on behalf of Controller to data subject’s requests to review and access their own personal data.

5.5 STV shall assist Controller to assist Controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR (implement security measures, manage personal data breaches, conduct data privacy impact assessments and participate in prior consultations with the supervisory authority) taking into account the nature of the processing and the information available to STV.

5.6 STV shall make available to Controller all information necessary for Controller to demonstrate its compliance with the obligations of a controller.

5.7 STV shall without delay inform the customer of all requirements and inquiries made by the data subjects or data protection authorities concerning Controller’s processing of personal data.

6. Audit
6.1 Controller has the right, at its own cost, to audit STV’s and its sub-processor’s compliance with these special terms and conditions concerning processing of personal data. Unless otherwise agreed, Controller shall appoint an independent third-party expert as an auditor. The auditor cannot be STV’s competitor. STV has the right to reject an auditor that does not meet this criteria.

6.2 Controller shall notify STV of the audit no less than two weeks in advance. The auditor shall commit to confidentiality prior commencement of the audit. The level of confidentiality obligations shall be at least the same as agreed in the Agreement.

6.3 STV shall participate in the audit at its own cost.

7. Location of personal data
7.1 STV shall be entitled to transfer personal data freely within the European Union or the European Economic Area in order to provide the Services. Controller is entitled to receive information from STV at any time on location where personal data is processed.

7.2 STV shall not transfer Controller’s personal data outside the European Economic Area otherwise as set out in the Agreement without Controller’s prior written consent.

8. Sub-processors
8.1 Controller grants STV a general authorisation to engage sub-processors located within the European Economic Area when STV delivers the Services to Controller. STV undertakes to make a written agreement on the processing of personal data with each sub-processor so that the sub-processor is obliged to fulfill at least the same level of obligation as those set out for STV in this document.

8.2 Controller is entitled to receive information of sub-processors used by STV from time to time and any changes that STV makes in the use of sub-processors. If Controller does not accept a change in the subprocessors, Controller shall have the right to terminate agreement concerning the Service with immediate effects.

9. Maintenance, deletion and return of personal data
9.1 During the term of the Agreement Controller shall be responsible for maintenance of its personal data and deletion of any unnecessary data. During the term of the Agreement STV may not delete Controller’s personal data otherwise as set out in the special terms and conditions of the Service without Controller’s explicit request for such deletion. However, STV may on its own initiative during its normal service maintenance operations correct any obvious errors in data such as erroneous country codes for
telephone numbers. STV shall notify Controller in writing of any performed corrections.

9.2 At the termination of the Agreement STV either returns or deletes Controller’s personal data in the manner as described in the special terms and conditions for each Service.

10. Records of processing activities
STV shall keep available to Controller STV’s records of processing activities when acting as Processor.

11. Service fees
STV shall be entitled to charge Controller in accordance with STV’s valid services price list for the tasks STV has performed at Controller’s request pursuant to these special terms and conditions to the extent the performance of such task is not included in the standard services fees for the Service in question.

12. Liabilities
12.1 Either party’s liability towards the other party for damages arising from processing of personal data shall be limited in aggregate to the sum that equals 20% of the service fees (excluding VAT) the User has paid to STV for the Service or part of Service during the past 12 months.

12.2Neither party shall be liable for any indirect damages.

12.3This limitation of liability shall not apply to damages cause by wilful act or gross negligence.

13. Contact persons
Controller shall provide STV with the name and contact details of the person(s) within their organisation being responsible for Controller’s processing of personal data and data protection.

STV’s contact person is:
Data Protection Officer: Saara Rinta-Jouppi
Email: dpo@tilaajavastuu.fi
Mail address: Suomen Tilaajavastuu Oy
Data Protection Officer
Tarvonsalmenkatu 17 B
02600 Espoo
Finland


Special terms and conditions of of the Ilmoita service and Valtti card

Version 25.4.2018

1. Scope
These special terms and conditions apply to the Ilmoita service and the Valtti card service (the “Services”) provided by Suomen Tilaajavastuu Oy (“STV”) to the User and to the use of any content provided through the Services. Use of the Services shall be governed by these special terms and conditions together with the Special terms and conditions concerning processing of personal data and STV’s General terms and conditions of use. These special terms and conditions shall prevail in the event of any conflict between these special terms and conditions and STV’s General terms and conditions of use or Special terms and conditions
concerning processing of personal data.

2. Ilmoita service
2.1 Scope of Ilmoita service
Ilmoita service is a free service for transfering employer and employee information in electronic format to the purchaser of the work, the general contractor of a building site or the administrator of a work site outside construction industry for the purposes of such personal data being processed by the receiver in their own data files. The Service can be used, among other things, for collecting and transmitting employee and employer data to the general contractor of a building site who is using STV’s Building Site Register or similar third party system for the preparation and delivery of mandatory employee reports to the Finnish Tax Administation on the persons who are working at the building site. The User may use Ilmoita service for ordering complementary separately billable services (such as Valtti cards or ePerehdytys) and for making notification to the Finnish occupational safety and health authority of
the posting of a worker in Finland as set out in Section 7 of the Finnish Act on Posting Workers (447/2016). The notification functionality collects from the Building Site Register using the Building Site ID given by the User the following basic information: the identification details and contact information of the contractor, the builder and the general contractor and the location where the work will be performed. The contractor, the builder and the general contractor shall each have right to read the notifications send by the User concerning the Building Site ID together with the employee information that was used as a basis for calculating the
estimated number of posted workers given in the notification. The User shall be responsible for checking and correcting any information provided in any the notification drafts and shall be responsible for the correctness and accuracy of the notifications send by the User through the Service. STV acts only as technical intermediary of the notifications. Ilmoita service is compatible with the complementary and separately charged Valtti card service and Taito Competence Register service. Employee information added to the service by the employer will be automatically enriched with information of such Taito Competence register supported professional compentencies hold by the employee that are granted by or maintained by a third party who provides the
professional compentence information directly in electronic format to STV (for example ePerehdytys certificate within the Finnish construction industry).

2.2 Processing of personal data within Ilmoita service
Use of Ilmoita service results in creation of a User specific employee register in the Service. The User is the controller of the data file. STV processes User’s personal data as a processor acting on behalf of the controller in accordance with these special terms and conditions and the Special terms and conditions concerning
processing of personal data. The controller is processing in the Service controller’s own employees’ personal data for the purposes of transfering its employees’ personal data through the Service to third parties in order to comply with legal or contractual reporting obligations of the controller. The controller can also process personal data in order to purchase additional separately changed services from STV such as Valtti cards or ePerehdytys training services. Data subjects are employees, officers, trainees, unpaid voluntary workforce or independent self employed contractor of the controller.

Categories of personal data include the following data depending on the service components used by the
controller:

  • name
  • person ID, tax number, date of birth
  • information if the person was registered in the tax number register at the time of data entry
  • picture
  • type of employment relationship
  • employer name, company number, address, company representative and contact details
  • country of residence
  • nationality
  • phone number
  • email address
  • address at the country of residence
  • status of ePerehdytys subscription
  • status of Valtti card
  • employee’s status as a posted worker and information of the respective A1 certificate (requires
    separate agreement)

In addition, above information may be combined with the information provided from STV’s Valtti card register and Taito Competence Register.

2.3 Transfer of employee information
The User can transfer its own employees’ personal data to its business partners through the Service for the following purposes:

  • preparation of the employee list at the construction site pursuant to the Occupational Safety Act 52b§;
  • verification of the validity of the picture ID required at the construction site pursuant to the Occupational Safety Act 52b§;
  • performance of employee inductions at the construction site as set out in the Occupational Safety Act and taking care of all other required activities for the ensuring and promoting safety at work
  • preparation of monthly employee reports to the Finnish Tax Administration (Verotusmenettelylaki 15b§)
  • compliance against other legal or contractual obligations;
  • access control at the construction site or other work site;
  • verification of professional competences of a person being inducted at the construction site or other
    work site;
  • verification of professional comptences that are required for a work task;
  • ensuring compliance against occupational safety regulations;
  • direction of the work at the construction site or work site;
  • ensuring contracting party’s compliance against contractual terms or applicable quality, operative or
    similar standards; and
  • upon data subject’s explicit consent for other purposes.

The transfer of personal data will be conducted using application interfaces provided by STV in a manner that employee’s personal data is transferred when the employee has provided her/his Valtti card credentials or when the business relationship between the User and the receiver of personal data is recognized in any other manner. The User shall be responsible for ensuring that that it has sufficient rights to record its employees’ personal data in the Service and transfer such data to its business partners as set out in the Agreement and the privacy notice of the Service.
The User shall ensure that all data that it uploads to the Ilmoita service are correct and valid, particularly data concerning its employee’s employment relationship. The User may not register persons employed by its subcontractor, partner or some third party as its own employees.

3. The Valtti card
The Valtti card is a photographic identification card for use at building sites in accordance with the Occupational Safety and Health Act. There can be two cards in the card package: The Valtti smartcard and the photographic personal identity card required on worksites. The Valtti smartcard relies on RFID technology. All information printed on the card are stored in electronic format in STV’s Valtti card register. Third parties may retrieve Valtti card data for use at a building site or another work site for the purposes set
out in section 2.3 above. Valtti card register contains at minimum the following information: employee name, picture, tax number, employer name and company number, card expiry date, card number and other card credentials, picture of the card and card status.

The Valtti card package exists as a basic version and a business group version. The business group version features pre-printed card blanks and the ability to add proprietary applications to the smartcard as additional paid services. Deployment of the business group version requires a separate agreement with STV. The technical features of the cards will be described in the current user guide documentation.

4. Ordering Valtti cards

Self-service orders for Valtti card packages may only be placed by individuals with personal online banking credentials issued by a Finnish bank. A delivery address in Finland must be provided for self-service card orders. STV will separately specify the manner of delivering Valtti cards to Estonia. Ordering and using Valtti cards requires the User to register for the tilaajavastuu.fi service.
The User must upload and check the details of its own employees on the Ilmoita service before ordering Valtti cards. The User shall be liable for ensuring that the details on ordered cards are correct and include
no typographical errors. The estimated time required to deliver a basic version Valtti card package is 14 ordinary weekdays. Card
packages will be sent by post to the User’s delivery address in Finland provided in the order.

5. Approval of delivery
The User must notify STV of any defects in the Valtti card package in writing and without undue delay. The User must specify the defect and describe it in greater detail when STV so requests. A delivery of cards shall be considered approved: (i) if the User fails to notify defects in writing within fourteen (14) days of the said delivery, (ii) if the User notifies approval of the delivery, or (iii) when STV has rectified defects due to STV that prevented approval and that were notified by the User in the foregoing manner and
within the deadline, or (iv) when the User has begun using the card. The earliest of the foregoing times shall apply. Defects that do not materially impair use of the card shall constitute no impediment to approving the delivery. The User shall notify STV by e-mailing asiakaspalvelu@tilaajavastuu.fi without delay if a card fails to comply with the order or is otherwise defective. The User may order a new card free of charge if the defect is due to STV. STV grants to each card a limited three month warranty as of the order date. The warranty covers renewal of the card in case of chip malfunction or other technical fault in the card.

6. Validity, cancellation and renewal of a Valtti card
A Valtti card shall be valid for the validity period indicated on the card, after which it must be renewed by ordering a new card package and paying the associated fee. The User shall deactivate the card without undue delay when employee’s employment relationship terminates or when the card is lost. STV shall be entitled to revoke Valtti cards containing incorrect or incomplete information and Valtti cards that have been used in a manner contrary to the terms and conditions of the card without notifying the User in advance.

7. Right to use a Valtti card
The User shall be entitled to use Valtti cards made for its employees and the electronic card database associated with the Valtti smartcard in its own in-house business operations for the validity period indicated on the card on condition that the details on the card or uploaded to the electronic card database are valid and that the card is only used by the employee to whom the card was issued. The User shall also have a non-exclusive and non-transferrable right to use the Valtti smartcard and the software included therein for the validity period of the card. The User shall have no right to copy, make or commission modifications to the cards or smartcard software, or to reverse engineer, decompile or otherwise attempt to extract source code from the software on the smartcard. Copyright and other intellectual property rights to the smartcard software, the electronic card database and their documentation shall remain the property of STV or of its licensors.
The User shall have no right to use the cards and electronic card database in order to provide them or the information therein as a service to third parties. The user shall have no right to surrender the cards or the information in the electronic card database to a third party except where expressly permitted under these special terms and conditions or in the user guide documentation for the smartcard.

8. Special terms and conditions for business group cards
A User seeking to conclude a business group agreement on Valtti cards shall be liable to STV for ensuring that it is entitled to conclude the agreement on behalf of all of the group companies designated. The User shall confirm the group companies falling within the scope of the agreement in writing by completing a form specifying the name and business ID of each group company, together with the name and contact details of its liaison person. The User and the group enterprises that it represents shall approve the inclusion of information on the group companies in the tilaajavastuu.fi and veronumero.fi services in order to facilitate operability. This means that the group companies will have access to one another’s employer and employee details and other information on the service. The group companies falling within the scope of the agreement shall also be entitled, as agreed, to install their own applications and application data in the smartcards, such as locks, details of meals, parking spaces and gates. Uploading of data onto the card will require a second chip and a confidential encryption key supplied by STV for group use. The group companies shall remain responsible for their own applications and their use, as STV will be unaware of applications installed in the card other than those installed by STV. STV shall be in no way liable for the operation and storage of such applications and application data on the smartcard.
The prices of the group card will depend on the number of card blanks and Valtti cards ordered and on the chosen manner of delivery in accordance with the current price list at the time. A group enterprise will be entitled to order cards through the STV online service. STV will send the cards by post to the delivery address that the group enterprise notifies electronically to STV. The minimum card package quantity in a group order is 1,000 cards. The printing house will create specific card blanks for the
group enterprises, and the cards will be made on this basis. The procedure for ordering Valtti cards has two stages:
(i) The manufacturing stage creates card blanks matching the graphic design of the Group. This stage includes designing, approving, pre-printing and printing of card blanks. The delivery period is within about 4-6 weeks of placing the order. Creation of card blanks requires the User to supply the requested materials in accordance with printing house guidelines. The User is responsible for its own card quality control (spelling, design, colour schemes, etc.) with respect to card blank printing.
(ii) The ordering stage. Processing of orders may begin when the printing house serving as subcontractor to STV has indicated the end of the manufacturing stage. No further modifications may be made to the card blanks at this stage, and all group enterprise cards will be based on the same card blank. Cards may be ordered in accordance with normally agreed delivery times at the
ordering stage. The delivery time is estimated at 3-7 ordinary weekdays. While issuing no binding undertaking to comply with this delivery time, STV and its subcontractor shall endeavour to supply cards within the said delivery time limits.
The printing house will indicate when fewer than 300 card blanks remain in stock. The User must decide at this point whether to order further card blanks. The minimum order is for 1,000 card blanks. The delivery period is about 1 month.


Special terms and conditions of the Building Site Register service

Version 25.4.2018

1. Scope
These special terms and conditions shall govern the Building Site Register service (“Service”, in Finnish “Työmaarekisteri”) provided by Suomen Tilaajavastuu Oy (“STV”) and the use of any content provided through the Service. Use of the Service shall be governed by these special terms and conditions together with the Special terms and conditions concerning processing of personal data and STV’s General terms and conditions. These special terms and conditions shall prevail in the event of any conflict between these special terms and conditions and STV’s General terms and conditions of use or Special terms and conditions concerning processing of personal data.

2. Content of the service
Building Site Register includes several services associated with the Occupational Safety and Health Act4, the Act on Tax Numbers and the Construction Industry Tax Number Register5, the Taxation Procedure Act6, and the Act on the Contractor’s Obligations and Liability when Work is Contracted Out7.

The content and technical requirements of the Service are set out in the current service description. STV may use subcontractors to provide the service.

3. Processing of personal data at the Building Site Register service
In the course of the use of the Service the User will create in the Service its own building site specific register. The User is the controller of this data file. STV processes User’s personal data as a processor acting on behalf of the controller in accordance with these special terms and conditions and the Special terms and conditions concerning processing of personal data. Data subjects are persons who are working at User’s building site where the User acts as a general contractor.

Categories of personal data include the following data depending on the service components used by the controller:

  • name
  • person ID or tax number and date of birth
  • information on registation in the tax number register
  • type of employment
  • employer name, company number, address, representative and contact details
  • country of residence
  • nationality
  • phone number
  • email address
  • address at the country of residence
  • Valtti card information
  • Competence information
  • access rights at the building site
  • time stamps collected from access control system

STV records users personal data in STV’s customer register. Privacy notices of the Service and STV’s customer register are available at STV’s website.

4 Työturvallisuuslaki, no. 738 of 2002.
5 Laki veronumerosta ja rakennusalan veronumerorekisteristä, no 1231 of 2011 (referred to herein as the Tax Number Act).
6 Laki verotusmenettelystä, no. 1558 of 1995.
7 Laki tilaajan selvitysvelvollisuudesta ja vastuusta ulkopuolista työvoimaa käytettäessä, no. 1233 of 2006, referred to herein as the Contractor’s Liability Act

4. User’s authorisation to the service provider
By creating user names for the service and approving these special terms and conditions, the User authorises
STV to:

  • use a technical connection to establish an electronic building site register on the User’s behalf
  • verify the accuracy of details provided by the User in consultation with the Finnish Tax Administration
  • disclose employee and enterprise details held in the personal data file to other users of the Service that are entitled to receive employee details pursuant to the Tax Number Act or to an associated Act
  • report contract and personal data to the Finnish Tax Administration in accordance with the Taxation Procedure Act (requires a separate service agreement), and
  • maintain the list of individuals and orientation details required under the Occupational Safety and Health Act (requires a separate service agreement).

The User shall ensure that is has sufficient rights and lawful purposes:

  • to obtain and process personal data under appicable laws collected from the employer and employer’s employees; and
  • disclose personal data of employees to other users of the Service.

For the sake of clarity, it is stipulated that the duties of STV shall afford it access to individual personal data, and that STV shall be entitled to process this information when ensuring the accuracy of service operations, correcting information, transferring information to the Finnish Tax Administration, and assisting in official requests based on mandatory legislation.

5. User’s right to use the service and materials therein
The User shall be entitled to use the Service and process personal data transmitted through the Service for the following purposes:

  • preparation of the employee list at the construction site pursuant to the Occupational Safety Act 52b§;
  • verification of the validity of the picture ID required at the construction site pursuant to the Occupational Safety Act 52b§;
  • performance of employee inductions at the construction site as set out in the Occupational Safety Act and taking care of all other required activities for the ensuring and promoting safety at work
  • preparation of monthly employee reports to the Finnish Tax Administration (Verotusmenettelylaki 15b§)
  • compliance against other legal or contractual obligations;
  • access control at the construction site or other work site;
  • verification of professional competences of a person being inducted at the construction site or other work site;
  • verification of professional comptences that are required for a work task;
  • ensuring compliance against occupational safety regulations;
  • direction of the work at the construction site or work site;
  • ensuring contracting party’s compliance against contractual terms or applicable quality, operative or similar standards; and
  • upon data subject’s explicit consent for other purposes.

The User shall have no right to release material obtained through the Service to a third party, nor to publish the content or any part thereof by distribution, transmission, presentation or public display without the prior written consent of STV or some other proprietor. The User shall have no right to prepare or commission the preparation of reproductions (copies) of content from the Service.

6. Service provider’s right to process and transfer information
STV shall process and transfer information uploaded to the Service only for providing the Service to users in accordance with the Agreement and for the purposes of billing of the Service, customer support, error correction, measuring quality and performance of the Service, further development of the Service and for the purposes of preventing and combating abuse of the Service. STV shall have no right to use information uploaded to the Service otherwise than in the cases specified in these special terms and conditions. STV shall also be entitled to disclose information uploaded to the Service without the consent of the User in order to comply with its statutory obligations and pursuant to a lawful official request from a public authority.

7. Liability of the service provider
STV shall only serve as a recording and information transfer service for details collected by enterprises using the Service pursuant to the Tax Number Act and associated Acts to the extent specified in these special terms and conditions, and shall accordingly not be liable for any faults or interruptions in the service, errors or omissions in the information contained therein, or for any direct or consequential loss or damage so caused to the User, to employees, or to third parties.

8. Termination of the service
The User shall be entitled to terminate the service agreement in writing at any time and for any or no reason. STV shall be entitled to terminate a service agreement by notifying the User in writing one (1) month before the termination takes effect. STV shall also be entitled to rescind the service agreement with immediate effect on the service if the user infringes these special terms and conditions or the general terms and conditions of use of STV.

9. Deletion of information from the service
Upon termination of the Agreement the User has right to request that information stored in the Building Site Register shall be deleted within reasonable time period of User’s written request. During the term of the Agreement the User may delete any information that becomes obsolete. STV will assist User in such deletion. If the organisation that was a User has ceased its business operations, STV will delete the information after six years has passed from the end of the year during which the organisation ceased its business operations.


Taito Competence Register Special terms and conditions

Version 25.4.2018

1. Application
These terms and conditions for Taito Competence Register service (hereinafter “the Service”) shall apply to the Competence Register service provided by Suomen Tilaajavastuu Oy (“STV”) and the use of the content available through the Service. In addition to these special terms and conditions, the Service shall be subject to the General terms of use provided by STV. These special terms and conditions complement what is provided in the General terms and conditions. If these special terms and conditions are in conflict with the General terms and conditions, these special terms and conditions shall take precedence.
In these special terms and conditions, “user” shall refer to a company that has entered into an agreement with STV on the use of Taito Competence Register or another service using the data contained in Taito Competence Register service. “Employer” shall refer to a user who uses the Service to manage their employees’ competence information and share this information with other users and third parties.

2. Content of the Service
Taito Competence Register is an additional service intended for employers in the construction sector in particular. It complements the Building Site Register and Ilmoita services provided by STV in a manner that enables an employer to: (i) collect, verify, monitor and maintain their employees’ professional competence information and share this information by (ii) providing their employees with the Valttikortti card, which enables third parties to read their professional competence information using a card reader application compatible with the Service, (iii) authorising their contract partners to access the professional competence
information, and (iv) sharing their employees’ professional competence information, by means of entries in the Building Site Register service, with other automatically identified users, such as client companies, or the main implementing parties or construction companies operating on a joint construction site, to ensure that statutory and contractual obligations are fulfilled and to ensure safety at work. The professional competence information contained in the Service can be viewed using applications provided by STV or third parties included in its partnership programme. Such applications either read the Valttikortti card presented by an
employee and retrieve their information from the Service using their Valttikortti credentials or retrieve their information from the Service through an interface provided by STV, using credentials authorised to retrieve the employee’s information.

The Service contains employees’ professional competence information that has been entered into the Service by the employer, as well as such professional competence information provided and maintained by third parties that is supported by the Service at any given time and is entered into the information for an employee included in the Ilmoita service directly by the third party that granted the qualification or maintains the competence information. As part of the Service, the total number of valid professional qualifications held by the employees of an employer that is published in the Service by category shall be published free of charge in the Zeckit.fi service provided by STV and in other corporate information services provided by STV and/or its partners that make
use of the information contained in the Zeckit.fi service. The content and technical requirements of the Service are described in the service description of the Competence Register service as it stands at any given time. STV may use subcontractors to provide the
service.

3. Changes
The services shall be provided using STV’s delivery models, methods and data communications connections, which STV shall be entitled to change in accordance with its general terms of use. STV’s delivery models and methods shall belong exclusively to STV and/or its subcontractors. No rights to these shall be granted to the user.
The user shall be aware that third parties independent of STV (such as parties providing occupational safety cards and competence certificates and the authorities granting statutory professional qualifications) may make changes to their services and prices that may affect the content, implementation and price of the Service provided by STV. STV shall agree to inform the user about any changes in the service and prices that arise from changes implemented by third parties, as far as possible, within reasonable time in advance via the user interface of the Service. However, the user shall be aware that the functionality of the Service provided by STV may depend on such changes and decisions implemented by third parties, and the changes arising from them shall take immediate effect.

4. General obligations of the service provider
STV shall provide the Service to the employer and other users in an expert, professional manner and in accordance with the service description as it stands at any given time. However, STV shall not be responsible for ensuring that the Service is uninterrupted or free from errors. If deviations are detected in the Service, the user shall immediately inform STV about this in writing. STV shall restore the Service to comply with the agreement without undue delay.

5. Personal data to be collected
The employer may use the Service to store its employees’ professional competence information and data concerning the validity of this information, as well as any other information required by the Service. Third parties that grant or administer professional qualifications can transfer professional competence information directly in the Service or verify validity of reported professional competences when the data subject has provided her/his consent for registering such professional competence in Taito Competence Register. STV is the controller of the Taito Compentence Register. STV processes personal data registered in the Service in the manner set out in the privacy notice of the Service.

6. Employer’s authorisation to the service provider
By creating user credentials for the Service and approving these terms and conditions, the employer shall authorise STV

  • to check the accuracy and validity of certain competence information provided by the employer, in cooperation with parties that grant or monitor professional qualifications;
  • to transfer an employee’s competence information that has been entered into the Taito Competence Register to other users of the Service who are, based on current laws, entitled or obligated to receive such information or who are, based on an agreement made with the employer, entitled to check competence information related to the employer’s employees;
  • to disclose, based on a single or mass transfer request, information entered into the register to the Finnish authorities responsible for the implementation and monitoring of the Act on the Contractor’s Obligations and Liability when Work is Contracted Out, or laws concerning occupational health and safety or taxation, and for the elimination of the shadow economy. The employer shall be responsible for ensuring that they have sufficient rights to:
  • to record professional competence information of an employee into the register; and
  • to disclose and transfer such information within the Service to other users of the Service, and to
    third parties.

7. User’s right to use the Service and the material contained therein
The employer shall be entitled to access the Service for internal use in accordance with these special terms and conditions and the privacy notice of the Service. Other users shall be entitled to process the professional competence information of employer’s employees for the following purposes:

  • verification of professional competences of a person being inducted at the construction site or other work site;
  • verification of professional comptences that are required for a work task;
  • ensuring compliance against occupational safety regulations;
  • direction of the work at the construction site or work site; and
  • ensuring contracting party’s compliance against contractual terms or applicable quality, operative or similar standards.

The user shall be entitled to store material included in the Service on a systems controlled by them, and to print and copy such material, only for the purposes provided in above. With regard to processing of the material acquired from the Service, the user shall comply with the obligations provided in the data protection legislation as they stand at any given time. The user shall not be entitled to otherwise transfer any material acquired from the Service to a third party or disclose it to the public by way of distribution, transfer, presentation or display, unless specifically
permitted to do so by STV or another licence holder in writing in advance. The user shall not be entitled to make copies or have copies made of the content or databases of the Service. STV shall be entitled to prevent the Service from being used if it has justified reasons to believe that the Service is being used against its purpose or the current legislation. The user shall be liable for any damages arising from their violation of these special terms and conditions, the general terms of use provided by STV, or the law.

8. Service provider’s right to process and disclose information
STV shall process the information stored in the Service only for purposes related to providing the users with the Service. STV shall not be entitled to use the information stored in the Service in ways other than those described in these special terms and conditions and the privacy notice. STV shall be entitled to disclose the information entered into Taito Competence Register to other users and
third parties in accordance with what is described in these special terms and conditions and the privacy notice.

In addition, STV shall be entitled to disclose information entered into the Service to fulfil its statutory obligations and requests made by the authorities based on the legislation, without consent from the employer or another user. Furthermore, STV shall be entitled to combine the information stored in the Service about an employee with information entered into the Service in another context (e.g. special work permits) to the extent that it is related to the user’s right to check information concerning the employee, in the capacity of an employer or client or in another role, based on the legislation concerning the construction sector or other legislation.

9. Prices and terms of payment
STV shall charge for the usage of the Service in accordance with the price list as it stands at any given time. The term of payment shall be 14 days from the invoice date. Penalty interest shall be charged in accordance with the Interest Act.

10. Termination of the Service
Either party shall be entitled to terminate the agreement concerning Taito Competence Register service with 30 days’ notice. The agreement must be terminated in writing to the other party. The User’s main user may also terminate the agreement on the website of the Service. Either party shall be entitled to terminate the agreement with immediate effect, without notice, if the other party is in material breach of the agreement. However, if the violation of the agreement can be corrected, the requirement for immediate termination shall be that the party in breach of the agreement has not corrected their violation of the contract within 30 days
of having been requested to do so by the other party in writing. When the contract is terminated, STV shall not be obligated to return any service fees that have been paid. Employer’s right to access Taito Competence Register shall cease to exist when the Agreement is terminated.