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General Privacy

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

The use of our website is usually possible without providing personal information. As far as on our sides personal data (for example name, address or E-Mail addresses) are raised, this takes place, as far as possible, always on a voluntary base. These data will not be disclosed to third parties without your explicit consent.

 

1 Privacy Policy

We, the PMR GmbH (in the following „PMR“ or. „We“ or "Us") appreciate your visit on our website and mobile application and are pleased about your interest at our company and our products.

It is very important for us to protect your privacy and to guarantee the safety of all business data when processing your personal data. We process the data transferred when using our online offer very confidential and strictly keep to the legal regulations.

Data protection and information security are an important part of our corporate policy.

 

2 Responsibilities

Responsible for the process of your data is PMR.

Our contact data is:
PMR GmbH
Im Gewerbepark D75
93059 Regensburg

Phone: +49 9431 79857 1207
E-mail: info@tecorio.com

Our data protection officer:
E-mail: datenschutz@tecorio.com

3 Processing of personal data

3.1 Principles

Personal information is any information relating to an identified or identifiable natural person, such as, for example, names, addresses, telephone numbers, e-mail addresses, contract, accounting and billing information that is an expression of a person's identity.

We process personal data that we receive from you as part of our business relationship. As we work exclusively in a business-to-business environment, we generally do not store data of private individuals. However, to pursue our business processes, it is also necessary to process personal data. These are usually the business contact details of contact persons at the respective business partners, e.g. name, telephone, e-mail, address, function. We receive this data either from the respective contact person or from another representative of the respective business partner. In some cases, we also receive personal information that is part of third-party information (e.g., credit bureaus) or publicly-available directories (e.g. land registers, commercial registers). Insofar as an agreement of data is to be the subject of a contract, this processing shall be specified within the contract or in a corresponding agreement to the order.

We process personal data including IP addresses in accordance with the provisions of the European Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Depending on the case, the legal basis may be a contractual relationship, a legal obligation, a legitimate interest of PMR or your consent.

3.2. Processed Data Categories

The following data categories are processed:

• Communication data (e.g., name, telephone, e-mail, qualification, address, IP address)
• Contract master data (contractual relationship, product or contract interest)
• Customer history
• Contract billing and payment data
• Planning and control data
• Motion data
• Information (by third parties, e.g. credit reference agencies or public directories)

3.3. Processing purposes and legal bases

We, and service providers commissioned by us, process your personal data for the following processing purposes and on the following legal bases:

3.3.1 Processing to fulfil contractual obligations is performed based on point (b) of Art. 6(1) GDPR.

This includes in particular:

• Answering inquiries
• Processing your orders
• Preparation, negotiation and fulfillment of a contract with you
• Access to certain information and offers.

Where necessary, in addition to the actual performance of the contract, we process your data to safeguard our legitimate interests or the interests of third parties based on point (f) of Art. 6(1) GDPR.

These interests are in particular

• Implementing marketing campaigns or activities
• Pseudonymized web tracking
• Improvement of products and services
• Online surveys (Note: If we use a market research institute for surveys, this will only be used on our behalf and in accordance with our instructions.)
• Justification or protection of legal claims or defense against lawsuits
• Prevention of fraud or other unlawful activities
• Warranty of data security
• consulting and exchanging data credit agencies (e.g. SCHUFA) in order to determine credit ratings and default risks in our purchasing processes.

3.3.3 Legal obligations are according to Art. 6(1)-point c GDPR are

• Official or court orders

3.3.4. If you have given us consent to process personal data for particular purposes, the data will be processed on the basis of point (a) of Art. 6(1) in conjunction with Art. 7 GDPR

• Product or customer surveys by e-mail and / or telephone
• Sending newsletters

3.4 Log-Files

Each time you use our website, your Internet browser automatically transmits certain information and stores it in so-called log files (e.g. Internet browser and operating system used; domain name of the website from which you came; Number of visits, average length of stay, pages accessed). This information is not associated with a specific person.

The log files are stored for a short period of time by us and our worldwide affiliates for the purpose of identifying malfunctions and security reasons (e.g. for investigating attack attempts) and then deleted. Log files whose further retention is required for evidence purposes are exempt from the deletion until the final clarification of the respective incident and can in individual cases be forwarded to the investigating authorities.

Log files are also used for analysis purposes (without or without complete IP address); see the section 10 about Web Analysis.

 

4 Obligation to provide personal information

As far as between us and you there is a contract, you must provide the personal information required for the recording, execution and termination of the contract and to fulfill the contractual obligations thereunder or for the collection, we are required by law. Without the provision of this information, we will generally be unable to conclude, execute and terminate a contract with you.

Insofar, as the data processing in connection with the use of this website is not necessary for the commencement, execution and termination of a contractual relationship or for the fulfillment of contractual obligations and is also not required by law, the provision of your data is voluntary. Please consider that certain functions of the website or services cannot be used if the necessary data is not provided.

 

5 Transfer of data

5.1 Transfer of data to other responsible persons

Your personal data will only be transmitted by us to other responsible parties if this is necessary for the fulfillment of the contract, if we or the third party have a legitimate interest in passing on or if your consent exists. Third parties may also be affiliates of PMR. If data is transmitted to third parties based on a legitimate interest, this is explained in this privacy policy.

In addition, data may be transferred to other responsible parties, as far as we should be obliged to do so due to legal provisions or enforceable official or court orders.

5.2 Service Provider

We engage external service providers with tasks such as sales and marketing services, contract management, payment processing, programming, data hosting and hotline services. We have carefully selected these service providers and monitor them regularly, especially their careful handling and safeguarding of the data stored with them. All service providers are obliged by us to confidentiality and compliance with legal requirements.

 

6 Transfer to recipients outside the EEA

We may also transfer personal information to recipients located outside the EEA in so-called third countries. In this case, we ensure that the recipient has either an adequate level of data protection (e.g. due to an EU Commission decision on suitability for the respective country or the agreement of so-called EU standard contractual clauses with the recipient) or your consent in the transfer is present.

 

7 Duration of storage; storage periods

We store your data basically as long as it is necessary to the performance of our online offer and the service linked with it or we have a legitimate interest in the other storage (e.g., we can also have after fulfilment of a contract one more legitimate interest in postal marketing). In all other cases we extinguish your personal data except for such data which we must store to the fulfilment of juridical obligations further (e.g. tax right or commercial right).

 

8 Use of cookies

In addition to the data mentioned above, cookies are stored on your computer when using our websites. Cookies are small text files that are stored during the visit of an online service on your computer. If this online offer is recalled by you, your browser will return the content of the cookies to the respective provider, thereby enabling recognition of the device. The reading of cookies allows us to make our online offer to you optimal and to facilitate your use, e.g. Storing the password. If you do not want PMR to recognize your computer, please set your Internet browser to delete cookies from your hard drive, block all cookies, or warn you before a cookie is saved.

 

9 Web Analysis

We need statistical information on how to use our online offering to make it more user- friendly, to be able to reach measurements and conduct market research.

To do this, we use web analytics tools described in this section.

The usage profiles created by these tools using analytic cookies or by evaluating the log files are not merged with personally identifiable information. The tools either do not use users' IP addresses at all or truncate them immediately after the survey. The providers of the tools process data only as a processor according to our instructions and not for their own purposes.

For tools that work with opt-out cookies, it should be noted that the opt-out function is device or browser-related and in principle applies only to the currently used terminal or the browser used. If you use multiple devices or browsers, you must set the opt-out on each individual device and in each browser used.

In addition, you can prevent the formation of usage profiles altogether by generally disabling the use of cookies.

 

10 Google Analytics

Google Analytics is a service of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies", which are text files that are stored on your computer and allow an analysis of the use of our offer by Google. The information collected by the cookie about the use of our web pages (including your IP address) is usually transmitted to and stored by Google on servers in the United States. Please note that on our website Google Analytics has been extended by the code "gat._9anonymizeIp ();" in order to guarantee an anonymous collection of IP addresses (so-called IP-Masking). Your IP address will therefore only be collected by Google at our request in a shortened form, which ensures anonymization and does not allow any conclusions to be drawn about your identity. In the case of the activation of IP anonymization on our websites, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Google continues to comply with the privacy provisions of the EU-US Privacy Shield and is registered and listed with the US Department of Commerce. Google will use this information to evaluate your use of our websites, to compile reports on our website activities and to provide us with other services related to the use of websites and the Internet. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. A transfer of this data by Google to third parties takes place only due to legal regulations or in the context of order data processing. In no case will Google match its data with other data collected by Google.

By using this website, you consent to the processing of data about you by Google and the manner and manner of data processing described above as well as the stated purpose.

You can prevent the storage of cookies by a corresponding setting of your browser software; However, we would like to point out that in this case you may not be able to use all the functions of our web pages in full. You may also prevent the collection of the data generated by the cookie and related to your use of these web pages (including your IP address) to Google and the processing of this data by Google by downloading the browser plug-in available under the following link and install. For more information on Google Analytics and privacy, please visit http://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser add-on or for browsers on mobile devices, please click disable google analytics to prevent the collection by Google Analytics within this website in the future (the opt-out works only in this browser and only for this domain). An opt-out cookie is stored on your device. If you delete your cookies in this browser, you must click this link again.

 

11 Hotjar

To improve usability and customer experience, we use the Hotjar Analysis Service of Hotjar Ltd., a European company based in Malta (Hotjar Ltd, Level 2, St Julian's Business Center, 3, Elijah Zammit Street, St Julian's STJ 1000, Malta, Europe). This feature allows anonymized recording of mouse and scrolling movements, mouse clicks and keystrokes. Hotjar uses a tracking code to collect and transmit your data. Once you visit a site that uses Hotjar, the tracking code will automatically collect the data based on your activity and store it on the Hotjar servers (located in Ireland). In addition, the cookies placed by the website on your computer or device also collect data. Furthermore, Hotjar allows us to obtain anonymous user feedback.

Additional information about features and data usage with Hotjar can be found at https://www.hotjar.com/privacy.

You can disable Hotjar according to the instructions below. To activate the "Do Not Track" setting in your browser, please follow the instructions at https://www.hotjar.com/legal/compliance/opt-out.

 

12 YouTube

This online offer uses the YouTube video platform which is operated by YouTube, LLC, 901 Cherry Ave. San Bruno, CA 94066, USA (“YouTube”). YouTube is a platform enabling users to playback video and audio files.

If you access a corresponding page of our offer and activate a video in order to watch it, the embedded YouTube player establishes a connection to YouTube so that the video files can be transmitted and reproduced. In the course thereof, data will also be transferred to YouTube as data controller. We are not responsible for the processing of such data by YouTube.

Please refer to the privacy notice of YouTube for further information on the scope and purpose of the data collected, on the further processing and use of the data by YouTube, on your rights and the data protection options available to you.

 

13 Social Network Buttons

Our websites do not include social plugins from Facebook or other social networks. Therefore, no program code of a social network is active on our sites. The icons for Facebook, Twitter, Linkedin etc. in the footer of our web pages are only linked images. If you click on these buttons, you will automatically be redirected to the respective page of the social network and the data will be processed solely via the server of the respective social network.

In the "Social Bar" for recommending sites, we use the privacy-protected "Shariff" buttons. "Shariff" was developed by specialists from the computer magazine c't to enable more privacy in the network and to replace the usual "share" buttons on social networks.

More information about the Shariff project

 

14 Facebook Pixel, Custom Audiences und Facebook Remarketing

At www.tecorio.com we have included a pixel from the social network Facebook Inc. ("Facebook"). With the help of this pixel (also known as "remarketing tag"), we can specifically display Facebook users who visited our website with tecorio ads on Facebook. Via the Facebook pixel a direct connection to Facebook servers is made when visiting our website. It will transmitted to the Facebook server that you have visited this website and Facebook assigns this information to your personal Facebook user account.

If you do not want Facebook to associate the collected information directly with your Facebook user account, you can disable the remarketing tag through our disable facebook pixel. For more information on the collection and use of data by Facebook and your rights in this regard and ways to protect your privacy, see the privacy policy of Facebook.

 

15 Newsletter

You can subscribe to our newsletter as part of our online offer. We use the so-called double opt-in procedure, according to which we will only send you a newsletter by e-mail, mobile news services (such as WhatsApp), text message or push message, if you explicitly contact us by clicking on a link which confirms the activation of the newsletter service in a notification. If you decide later not to receive newsletters, you can unsubscribe at any time by you withdraw your consent. The revocation takes place for e-mail newsletters via the link printed in the newsletter if necessary in the administration settings of the respective online offer. Alternatively, please contact us via the details in the "Responsible" section.

 

16 External Links

Our online offer may contain links to third party websites - providers not affiliated with us. After clicking on the links, we have no influence on the collection, processing and use of any of clicking on the link to the third party transmitted, personal data (such as the IP address or URL of the page on which the link is located) because the behavior of third parties is naturally beyond our control. We are not responsible for the processing of such personal data by third parties.

 

17 Security

Our employees and the service enterprises commissioned by us are obliged to the discretion and observance of the regulations the applicable data protection act.

We will take all necessary technical and organizational measures to ensure an adequate level of protection, to protect the data you manage from the risks of unintentional or unlawful destruction, manipulation, loss, alteration or unauthorized disclosure or access. Our security measures are constantly being improved in line with technological developments.

 

18 Your rights as a user

Please use the information in the section "Responsible" to assert your rights. Please make sure that we can clearly identify you.

You have the right to receive information about the processing of your data from us. To do so, you may claim a right to information regarding the personal information we process about you. In addition, you may request the correction of incorrect data and - as far as the legal requirements are met - completion or deletion of your data. However, this does not apply to data that is required for billing and accounting purposes or subject to the statutory retention obligation. As far as access to such data is not required, their processing is limited. As far as the legal requirements are met, you can also demand that we restrict the processing of your data.

Opposition to data processing:
In addition, you have the right to object to our data processing at any time. We will then cease the processing of your data, unless we can - in accordance with the legal requirements - prove compelling legitimate reasons for further processing, which outweigh your rights.

Opposition to direct marketing:
You can also object at any time to the processing of your personal data for advertising purposes ("advertising conflict"). Please consider that for organizational reasons there may be an overlap between your revocation and the use of your data as part of an ongoing campaign.

Opposition to data processing in case of legal basis "legitimate interest":
In addition, you have the right to object at any time to the processing of data by us, as far as this is based on the legal basis legitimate interest. We will then stop processing your data, unless we can - in accordance with legal requirements - prove compelling legitimate reasons for further processing that outweigh your rights.

Withdrawal of consent:
If you have given us consent to the processing of your data, you can withdraw them at any time with effect for the future. The lawfulness of the processing of your data until the revocation remains unaffected.

 

18.1 Data portability

You also have the right to receive data provided to us in a structured, common and machine-readable format or, if technically feasible, to require the data to be transmitted to a third party.

18.2 Right of appeal to the supervisory authority

You have the right to file a complaint with a data protection authority. You can contact the data protection authority, which is responsible for your place of residence or your state, or the data protection authority responsible for us.

This is:

Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 27
91522 Ansbach
Phone: +49 981 53 1300
Fax: +49 981 53 98 1300

E-mail: poststelle@lda.bayern.de

19 Change of privacy policy

We reserve the right to change our security and data protection measures if this is necessary due to technological development. In these cases, we will also adjust our privacy policy accordingly. Please take note of the current version of our privacy policy.

Last change: May 08th, 2019

Disclaimer

Liability for content

As a service provider we are responsible according to § 7 Abs.1 TMG for own contents on these sides according to the general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate an illegal activity. Obligations to remove or block the use of information under general law remain unaffected. A liability in this regard, however, is only possible from the time of the knowledge of a concrete infringement. Upon notification of appropriate violations, we will remove this content immediately.

Liability for links

Our offer contains links to external websites of third parties on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The content of the linked pages is always the responsibility of the respective provider or operator of the pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of violations, we will remove such links immediately.

Copyright

The content and works on these pages created by the site operators are subject to German copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. As far as the contents on this side were not created by the operator, the copyrights of third parties are considered. Content of third parties are marked as such. If you should still be aware of a copyright infringement, we ask for a note. Upon notification of violations, we will remove such content immediately.

Information on the handling of customer data at PMR GmbH

Terms and Conditions of Use for tecorio.com

Agreement on platform-based placement of technical personnel between, PMR GmbH (hereinafter referred to as "PMR") and the service provider or customer via the platform www.tecorio.com operated by PMR. The following terms and conditions for the use of www.tecorio.com have been noted and accepted.

Preamble

PMR offers on the domain www.tecorio.com (hereinafter referred to as "platform") an online marketplace for the placement of technical staff such as service technicians or industry experts which are either self-employed or employed by a service provider (collectively referred to as "service providers"). The placement is project-related for individual customers of the platform. For this purpose, customers of the PMR have the option of setting up a project with a description of the order on the platform. As part of standardized procedures, individual or multiple service providers are proposed to the customer based on the information provided by the users. These general terms and conditions are not only intended to regulate the legal relations between PMR and its customers, on the one hand, and the PMR and the service providers, on the other hand. By agreeing to these terms and conditions, the service providers and customers (collectively referred to as "users") also mutually accept the validity of these terms and conditions as a framework for their business dealings on the platform.

§1 Definitions

In these terms and conditions

GTC	present terms and conditions used by PMR;
PMR	the PMR GmbH;
Platform	the Website www.tecorio.com;
Services	any functionalities that PMR provides to users on the platform, whether provided on a paid or unpaid basis;
Customer	any natural or legal person who offers a project on the platform and is looking for service providers;
Service Providers	any natural or legal person that is self-employed as a freelancer or a service company that offers its own services on the platform and is looking for projects through it;
Parties	depending on the context, either the PMR and the service provider, the PMR and the client or all three in common;
Party	depending on the context, either the service provider or the customer;
User	together the service providers and clients, unless they are authorized to use;
Third	any natural or legal person except the users and the PMR;
Projects	the tasks assigned by the customer, including all related descriptions;
Materials	any information and files provided by the client in relation to the particular project, whether composed of text, pictures, video or audio files;
Matching	the process performed by the platform to identify competent service providers for the for the projects assigned by the clients;
Proposals	the result of matching for users;
Commission fee	the fee due for a contractual brokerage of the service provider to a client by PMR;
Access data	the information users need to properly use the services of the platform, including user ID and passwords;
User contract	the contract concluded under the terms of these GTC between the users and PMR when registering on the platform;

§2 Purpose and Scope

1. Purpose

   These GTC regulate the services provided by PMR and used by the users. They apply directly between PMR and the customer as well as between PMR and the service provider. Furthermore, the users undertake, with their consent to these GTC, to also accept these GTC among themselves, insofar as obligations of one party towards the other party arise from this. In the event of contradictions between these General Terms and Conditions and the General Terms and Conditions of Users, these General Terms and Conditions shall take precedence; PMR contradicts the validity of others than these General Terms and Conditions.

2. Scope

   In the event of contradictions between these GTC and the GTCs of users or laws, the mutual rights and obligations of all parties result in the following order of precedence:

   1. mandatory applicable law;
   2. these terms and conditions;
   3. the general terms and conditions of the users.

§3 Scope of services through PMR

1. Opportunity of personnel and project acquisition

   By registering and setting up individual profiles, PMR offers users the opportunity to acquire personnel and projects as well as to advertise themselves in the business sector.

   As part of the matching process, PMR proposes projects or service providers that appear mutually suitable to the users without obligation. The procedures for identifying such proposals are based on PMR's best knowledge and conscience, but PMR does not guarantee or warrant that the proposals will meet actual mutual requirements. Throughout the entire usage process, PMR acts without exception only as an intermediary for the content posted by users independently and on their own responsibility. PMR has no influence on whether a contract is concluded between a customer and a service provider. PMR cannot oblige either the customer or the service provider to conclude and execute a contract.

2. Contract negotiations

   If the service provider intends to accept an order placed on the platform, he will submit a corresponding offer to the customer. PMR provides the service provider with a template that can be used for quoting or allows the service provider to submit the quotation created by the service provider. The customer is free to accept the offers of the service provider, to enter into further contract negotiations or to reject an offer.

3. Exchange of services between customer and service provider

   If there are contractual relationships between customers and service providers, the respective exchange of services between the parties takes place on their own responsibility and without interference by PMR. The activity of PMR is limited to the mere placement of service providers.

   The PMR does not undertake any obligation to provide services or trades; it assumes no responsibility for the service or the work. PMR specifically assumes no warranty or guarantee of type and quality of services provided by the service providers.

4. Development of the platform

   PMR reserves the right to continuously develop the platform and to expand, change, reduce or even completely discontinue the range of services. Under certain circumstances, this can lead to a change in the usual range of functions. Users are not entitled to the use of free services. PMR can change or limit the functional scope of free services at any time at its own discretion, without (warranty) claims for reduction or compensation. Insofar as the functional scope of chargeable services is changed or restricted, the parties shall proceed in accordance with § 12 (2) of these GTC.

5. Maintenance work

   PMR endeavors to make the services available to the user as comprehensively as possible. The availability can be guaranteed only within the scope of the technically possible and is in particular due to necessary maintenance, security and updating work on the platform or such third party systems that are required for the intended use of the platform. The User may assert rights only in so far as they are specified in § 12 of these GTC due to impairments under this paragraph. In particular, there are no further claims for damages in this connection. Furthermore, the conditions specified in § 8 of these GTC apply.

§4 General Terms of Use and Duties of Users

1. Business purposes

   The use of the platform is for business purposes only, based on customer's own project needs. The use of the platform by professional project agents is inadmissible.

2. Use and maintenance of the profile

   PMR attaches the highest importance to the mediation of serious business relations. For this reason, when registering on the Platform, users must provide only those names, contact information and other materials that are current and factual in nature and that they may actually use. Should the information associated with the profile change in the meantime, the user must update the relevant information immediately. The use of the platform is not made by pseudonyms.

3. Protection of the profile

   The user takes all necessary and reasonable measures so that third parties can not unauthorized access the profile and use it for their own purposes, in particular the user does not pass on access data to third parties and refrain from any actions that affect the security of the profile or services. If a third party contradicts the use of the contact information in a profile, PMR is entitled to delete the profile. In cases of doubt, PMR will contact the user in question before deletion without any entitlement.

4. Contract negotiations

   The users are obliged to conduct all contract negotiations, which come about through a placement by PMR, over the platform. PMR provides corresponding possibilities (e.g. offer template, chat).

   The actual closure of the contract may be made outside of the platform on the user's own templates. However, the users must inform PMR about certain contents of the contract (see §§ 5 (3) and 6 (2) of these GTC). For this purpose, all tools are available to users on the platform.

5. Commandment of objectivity and neutrality

   Users agree to hire only those materials during the use of the platform, which represent an objective and impartial description of the project or the knowledge and skills of service providers. In particular, the parties refrain from posting such materials on the platform that affect the economic or other interests of PMR, other users or third parties. An impairment of the interests mentioned before is given in particular if the user discontinues such contents,

   • where third parties have industrial property rights that affect or oppose the platform-based use of the materials, regardless of the nature of those intellectual property rights; in particular, any copyright, trademark, design patent, patent or other intangible property rights are included;
   • who have a racist, insulting, violent, personality-violating, pornographic or other character capable of violating the rights of third parties or other users;
   • which are likely to damage the public image of PMR, other users or third parties;
   • containing business secrets of other users or third parties or
   • which, in terms of design or content, do not meet the quality requirements or design requirements of PMR; in such a case, the parties endeavor to find a compromise that is economically viable for both sides.

   If users violate the objective requirement of this article and provide content that does not conform to the requirements set forth, PMR may, at its sole discretion, request that the user adapt the materials or delete the content itself and terminate the user contract extraordinarily. Relevant in this context are, in particular, the type and severity of the breach of duty, any prior forfeiture of the user and the recognizability of the breach of duty for the user. In any case, the PMR will inform the user concerned about the main reasons for doing so.

6. Cooperation duties

   In order to implement the brokering services, PMR relies in part on the participation of the parties, such as the selection and verification of the appropriate information, visual and video material or layouts and logos. The parties undertake to carry out these obligations to cooperate on their own responsibility and without any claim for separate reimbursement of costs.

   After the platform has exchanged services, the users are given the opportunity to carry out a reciprocal evaluation. If this option is used, these ratings follow the requirement of objectivity. § 4 (5) of these GTC applies accordingly.

7. Grant of Rights

   The parties provide materials to PMR in the use of the platform to describe their projects or the knowledge and skills of the freelancer. The parties guarantee that they have all rights of use required for this purpose, in particular to those designated in § 4 (5) first point of these GTC. The parties hereby grant PMR the free, exclusive, time-limited and third-party transferable right to publish the content within the platform and other digital or analog media forms such as social networks or printed matter. This also includes the use and exploitation beyond media services in textual, pictorial or audiovisual terms for press and communication purposes in connection with other works.

   Users are also prohibited from using the materials provided by other users for their own private or business purposes and to make them available to third parties - for example, with the removal of proprietary notices - or to assume their authorship.

8. Intended use

   The use of the platform is only permitted via the user interfaces and interfaces provided by PMR. A circumvention of the intended use mechanisms by script-based automated procedures is inadmissible.

9. Confidentiality

   The users shall keep secret the business secrets and other confidential information of the other user which have been disclosed by the respective other user or become known in connection with the contractual relationship concluded between the users, insofar as they are not obliged to disclose for legal reasons. This applies in particular to information that has become known due to the registration on the platform. The users also obligate all employees and other vicarious agents to confidentiality insofar as they deal with the business secrets or confidential information mentioned before. This obligation also applies after termination of the contractual relationship between the users.

§5 Customer-related obligations

1. Project description

   The materials held by the client on the platform shall be sufficiently detailed and comprehensive that they allow the service provider, on the one hand, the calculability of his services and, on the other hand, the final control of the services provided by the service provider. The materials are regularly checked for up-to-dateness, completeness and accuracy. Customer shall promptly complete and update materials if deficiencies exist or if prompted by PMR. The customer deletes or deactivates the respective project within three days, if there is no longer a customer need.

2. Work or service

   Subject of the projects hired by the customer on the platform are exclusively time-limited and project-related services. The platform is not intended for the recruitment or placement of personnel to cover a permanent need for personnel at the customer, or to incorporate personnel into the operating or work organization of the customer or a third party company and to give instructions. The customer ensures that the service provider is not integrated into the operating or work organization of the customer or a third-party company and the service provider is not subject to any instructions as to the content, execution, time, duration and location of the activity.

3. Information obligations towards PMR

   The customer informs PMR without explicit request about all essential processes, to the knowledge of which PMR has a legitimate interest. These include in particular

   1. the essential contract information (so-called "Essentialia Negotii") about each contract and exchange of services with a service provider and
   2. any irregularities or unprofessional behavior of a service provider in the context of the exchange of services within 14 days at the latest.
4. Exchange of services with service provider

   If it comes, as a result of the proposals on the platform, to the closure of a contract between customers and service providers, the customer pays the remuneration due on the basis of its own contractual obligation to the service provider. The terms of payment in § 7 of these GTC are referred to. The client provides evidence of the services provided by the service provider and transmits these to PMR upon request.

§6 Service provider-related obligations

1. Profile Description

   The service provider provides meaningful information about their qualifications, experience and other skills when setting up their profile. These include in particular contact data, capability description, machine knowledge as well as previous work experience. The service provider assures the accuracy and timeliness of the information provided by him. In the case of relevant changes, he updates his profile immediately - but at the latest within three days.

2. Information obligations towards PMR

   The service provider informs PMR without explicit request about all essential processes, to the knowledge of which PMR has a legitimate interest. These include in particular

   1. the essential contract information (so-called "Essentialia Negotii") about each contract and exchange of services with a customer
   2. its permanent or temporary lack of availability within three days, unless the service provider has already noted them on the platform and
   3. any irregularities or unprofessional conduct of a customer in the context of the exchange of services within fourteen days at the latest.
3. Placement of specialists

   The service provider acknowledges that the platform is exclusively for the placement of professionals for time and content limited projects in the context of service contracts. The platform is not used for the placement of personnel, which covers a permanent staffing needs at the customer or in the operational or work organization of the customer or a third-party company is incorporated and is subject to its instructions.

   The service provider is aware that the order is an independent activity and that, as a self-employed person, he is responsible for his own insurance cover and for the fulfillment of his tax obligations. The service provider is also independently responsible for providing tax-correct invoices in order to bill his activities towards the customer.

4. Own provision of project funds

   The service provider guarantees that he fulfills all the necessary legal requirements to work on a project-related basis with customers. Subject to project-specific requirements (special tools or similar), the service provider guarantees that it has all the resources it needs to carry out the project, or that it can procure it promptly from third parties, which are typically required by technicians and technicians. The service provider is advised that it is its own responsibility to protect against recourse claims of the customer or third parties through, for example, professional indemnity insurance.

5. Compensation

   The service provider is bound by the hourly rates he has published in his profile. The transfer of statutory taxes to the responsible tax office is the responsibility of the service provider. For the rest, reference is made to § 7 of these GTC.

§7 Remuneration and payment methods

1. Scope of free use of the platform

   The registration and use of the platform in the form of setting up projects and finding service providers and projects is free. Fees for the use of the platform are only charged where they are explicitly stated. These fees are due when the service is provided and will be charged to the respective user.

2. Commission for PMR

   In the case of a contract between service provider and customers via www.tecorio.com PMR raises a commission fee to the service provider according to the following staggered model:

1. less than 15,000 € annual turnover via this platform: 15% on the compensation paid to the service provider.
2. between 15,000 € and 25,000 € annual turnover via this platform: 12.5% on the compensation paid to the service provider.
3. more than € 25,000 annual turnover via this platform: 10% of the fee paid to the service provider.

The annual turnover is calculated from the turnover through projects that a service provider has handled via the platform in the respective financial year. A financial year of the PMR runs from 01.01. until 31.12. of the respective calendar year. The remuneration covers all payments made by the customer to the service provider. The only exception is the reimbursement of costs actually incurred by the service provider.

For individual projects with a remuneration over 35,000 € to 100,000 € the commission fee is capped at 3.500 €.

For individual projects with a remuneration of more than € 100,000 we are happy to be personally available for further information.

The same applies if the contract between service provider and customer is terminated prematurely; then the commission is calculated on the proportionate remuneration.

1. The commission is also due, if
   1. an originally concluded contractual relationship is terminated before the exchange of services and, nevertheless, the exchange of services begins within one year; this applies regardless of whether the exchange of services is based on the originally terminated or a new contract and
   2. the parties did not inform PMR of a concluded contract; any penalties will not be charged.
2. Payment methods

   Users can pay due payments to PMR by bank transfer.

3. Delay of payment

   Even without a reminder, the user will be in default 14 days after the due date. A default is also given, if a user does not provide the required service despite a reminder.

   In this case, the statutory provisions on delay apply.

4. Prohibition of offsetting and retention

   Users may not hold any objection or defense to PMR between customers and service providers. In particular, the user has no right of retention and no right to offset for claims such as recourse or damage claims, which he has against another user.

5. Assignment

   PMR is entitled to assign all commissions and claims for damages as well as other rights under this user contract to third parties. The assignment of all claims of the parties directed against the PMR - of whatever kind - is inadmissible.

§8 Liability and Warranty

1. Exclusion of liability

   PMR is not liable for any damage resulting from the use of the Services. This includes, in particular, any losses and lost profits.

2. Exceptions

   The exclusion of liability for any damage caused as a result of intentional or grossly negligent conduct by employees, employees or other persons who are vicarious agents of PMR is excluded. The exclusion of liability is further excluded for damages that are based on the violation of essential contractual obligations and for liability under the Product Liability Act. Significant contractual obligations are in particular those of § 3 (1) of these GTC. PMR is also fully liable for any damage resulting from injury to life, limb or health.

3. Warranty

   The parties agree that PMR does not make any contractual or statutory warranty obligations for such defects arising as part of the exchange of services between the customer and service provider. In addition, PMR is not responsible for compliance with other legal or contractual requirements in the relationship between service provider and customer, e.g. accounting or insurance.

§9 Contractual Penalty

The users agree to a contractual penalty per violation of 50% of the commission in addition to the commission paid by the users, if the users have negligently failed to inform PMR of the conclusion of a contractual relationship. If users have reported a false order volume to PMR, the penalty is 50% of the lost commission due to the false report.

The users are jointly and severally liable for this contractual penalty. For the remaining details of the obligation to inform PMR, reference is made to § 4 to § 6 of these GTC.

Eine Anrechnung auf die trotz Verstoß zu zahlende (erhöhte) Provision erfolgt nicht.

 

§10 Exemption

1. Violation of §5 (2) and §6 (3) of these GTC

   In the case of violation or failure to comply with §5 (2), the customer indemnifies PMR from any claims and additional claims under social security and other tax law which PMR is obliged to pay by official or judicial determination as a result of qualification of the service provider as an employee. Furthermore, the customer indemnifies PMR in case of violation or failure to comply with §5 (2) of GTC of any claims and subsequent claims of a service provider for whose payment PMR is obligated to the service provider by official or judicial decision as a result of qualification of the service provider as an employee. This includes the costs incurred in pursuing a legal action. The non-fulfillment of the exemption obligation results in a corresponding claim for reimbursement or claim for damages.

2. Further breaches of user contract

   At the first request, the users release PMR from any third-party claims asserted against PMR for alleged or identified infringement of their rights. These include a breach of duties under § 4 (3), (4) and (6) of these GTC, a violation of § 5 and § 6, § 8 and § 11 of these GTC.

   The claims to be exempted under § 4 (3) of these GTC also include any claims arising from third parties to whom the users have given access data.

   The claims to be exempted under § 4 (4) of these GTC also include any claims of third parties asserting them for infringement of their rights.

   The claims to be exempted under § 11 of these GTC also include fines imposed by supervisory authorities against PMR as controller or processor for the unlawful processing, in particular storage of personal data.

§11 Data Protection

PMR adheres to the applicable data protection regulations. Details can be found in the privacy policy.

The users affirm that they have collected and processed all materials and other personal data transmitted to the platform in accordance with applicable data protection regulations. The users set up appropriate organizational and technical protective measures to protect against unauthorized access by transmitted personal data.

 

§12 Termination

1. Ordinary termination

   The user contract is concluded for an indefinite period. The parties may terminate the user contract at any time in writing (e-mail is sufficient) with a notice period of 3 months to the end of the month.

2. Extraordinary termination

   The parties reserve the right to terminate the user contract by extraordinary termination for good cause. An important reason is given in particular if the parties violate their respective essential contractual obligations. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner can trust and also trust. Reasons that entitle to unilateral termination without notice are in particular

   1. the use of the platform for purposes other than those stipulated in § 4 (1) of these GTC;
   2. a delay by the user to a reminder for due compensation claims of PMR of more than 14 days;
   3. the opening of insolvency or judicial settlement proceedings against a party;
   4. the use of the platform in violation of the behavioral obligations contained in § 4 (4) of these GTC;
   5. in the event of a change or reduction of the fee-based services by PMR, if this significantly changes the overall character of the platform to the detriment of the user, or;
   6. in the case of restriction of the functional scope by maintenance work, if thereby the scope of use is substantially impaired.
3. Consequences

   If a user contract is terminated, outstanding compensation claims of PMR become due on the date of termination.

4. Form

   Termination requires written form.
   
   

§13 Applicable Law and Jurisdiction

This user contract is subject to German law.

If the user is a merchant, the parties agree as the place of jurisdiction for all disputes arising from or on the basis of this user contract the relevant court in [...]. PMR also has the right to sue the parties before their general place of jurisdiction.

 

§14 Final Provisions

1. Change of Terms

   PMR reserves the right to change these terms and conditions at any time. PMR will inform the user about the change in text form at least 6 weeks before its planned effective date. If the user does not agree to the new terms and conditions of these terms and conditions, he will contradict them at the latest two weeks before the planned effective date. In this case § 12 (2) of these GTC applies accordingly. Furthermore, in case of objection by the user, PMR has the right to choose whether to continue the user contract under the old conditions or to terminate it on the effective date of the new regulations.

2. Salvatory clause

   Should a provision of these GTC be wholly or partially invalid or unenforceable or lose the effectiveness or feasibility later, this shall not affect the validity of the remaining provisions. In lieu of the ineffective or unenforceable provision, the parties will agree on an appropriate arrangement that is economically closest to what the parties intended.

Last update: May 8, 2019