Streetspotr GmbH, Klingenhofstraße 5, 90411 Nuremburg (hereafter: Streetspotr) operates a platform on which registered members (hereafter: Clients) can post so-called micro jobs. These micro jobs may then be accepted by other members (contractors).
Micro jobs are projects which can be completed by the contractors.
Streetspotr is acting as a contractual partner for the client as well as the contractor. Contracts between the client and the contractor as such, are not executed. The contractual agreement between the clients and the contractors shall be governed by the present General Business Terms and Conditions in its currently valid version. Streetspotr objects to all terms and conditions reserved by the contractual parties.
Streetspotr provides a web presence at www.streetspotr.com, on which the clients can post micro jobs.In addition Streetspotr offer an application software (hereafter: App) for Smartphones, which may be downloaded to the contractor’s Smartphone. This App provides the contractor with the requirements for the micro job and allows the contractor to accept and complete the project (pursuant to the provisions outlined in point III.3). Streetspotr reserves the right to offer this App for selected Smartphone-models only.
a) Bidding or accepting micro jobs is contingent upon registering for membership. Registration is free of charge. You may register by opening a membership account and by accepting the present General Business Terms and Conditions (hereafter: AGB). Registration is not an automatic entitlement. A membership account is non-transferrable. Opening multiple accounts for the same natural or judicial entity is prohibited. Acceptance of the registration generates a servitude contract for the services provided on Streetspotr’s web presence and Streetspotr’s App.
b) Members must be a minimum of 18 years or older.
c) The members’ agree to provide the queried registration data completely and truthfully.
d) Registration is valid only under your own name and not for third parties. Members also agree to refrain from granting third parties access to their account and/or act on half of third parties when using this account.
e) In the event the data provided by the member changes, the member is obligated to report the changes to Streetspotr immediately. The member must verify the accuracy of the data provided upon Streetspotr’s request. Streetspotr reserves the right to withhold account activation until the requested verification has been submitted. If a member does not provide the requested verification within an adequate timeframe after registration, Streetspotr is entitled to block the account until the request verification has been submitted.
f) Members shall register with their full name and/or company name and a valid e-mail address. The data provided (especially the e-mail address) may not violate third party names and/or trademark rights, or violate good morals. In the event such a violation occurs, Streetspotr reserves the right to delete and/or block the member at any time.
g) The membership account access data provided by Streetspotr, as well as the password created by the member must be kept confidential by the member and shall not be disclosed to third parties. The members agree to notify Streetspotr immediately in the event data is lost or misappropriation is suspected.
h) The member’s complete first- and last name reported to Streetspotr may be abbreviated by the member as V.N. in the profile settings, and will appear in that manner on the App, to other members, or on the platform. Please be advised that in the event community functions are activated, the first- and last name will appear as “First N.”.
i) Streetspotr operates a forum, the so-called StreetNews, in which each member may participate, make contributions and comment on the contributions of other members. The members agree to refrain from violating third party name- and/or trademark rights, violate good morals, or provide entries violating the purpose of the forum, which is to exchange information regarding the use of Streetpotr. Entries or comments containing advertisements are prohibited. Such contributions shall be deleted without comment. In the event such a violation should occur, Streetpotr reserves the right to delete and/or block the entries and comments, or the member at any time.
a) The client can create a micro job on the web presence and forward it to Streetspotr, or request Streetspotr to create a micro job. In general, this micro job is visible to all contractors immediately. Streetspotr reserves the right to assess micro jobs for internal company criteria and then decide if this micro job will be published on the platform and/or App. The client is not entitled to Streetspotr publishing the micro job. Streetspotr reserves the right to delete, and/or refuse publication without stating a reason. Streetspotr also does not guarantee that micro jobs listed by the client will be accepted and completed by a contractor.
b) The micro job should be described in detail. The performance objective in particular should be described in detail. Additional essential information, such as timeframe of validity and deadline for the micro job to be completed, as well as the contractor’s compensation should be listed. Expenses for insufficient results, incurred in the spot due to incorrect address/geo-coordination information or incorrect/obscure information shall be covered by the client if the client is responsible for the aforementioned errors. Micro jobs for which the contractor is unable to deliver the requested results, because the desired/listed location is not within the scope of location, shall be compensated by the client in the amount listed, unless otherwise agreed upon.
c) Additional fees, calculated based on the order value, are incurred upon completion of the micro job. These fees shall be disclosed to the client prior to posting the micro job.
d) The micro job may not violate statutory provisions, in particular, it may not incorporated illegal, discriminating, pornographic or racist contents and, unless otherwise agreed upon, feature company logos or external links to advertising contents. Links to external URL’S may only exclusively serve the purpose of describing the detail of the micro job. Streetspotr is authorized to process, edit and adapt micro jobs and their contents in a manner required to display the micro jobs on the website, as well as third party mobile end devices or software applications. Streetspotr may also optimize the micro job by editing it so the task is presented to the user in a user-friendly and comprehensive manner and the verbiage meets the general platform principles (e.g. salutation). Streetspotr shall not change the contents for the services requested.
e) As soon as the micro job has been accepted and/or completed by a contractor, the client will be notified via the e-mail address provided. This setting can be deactivated in the client’s membership account if needed. The client is not entitled to the acceptance of a micro job by Streetspotr or the contractors. If the micro job has not been accepted within the defined timeframe, the client may repost the micro job without incurring additional charges. In the event the results of a micro job are not accepted for objective and verifiable reasons, the contractor is provided with a predefined timeframe to revise the results.
f) The available of the results delivered to Streetspotr by the contractor are forwarded to the client via the e-mail address provided during registration, unless this notification function has been deactivated in the profile. Upon receipt of the notification e-mail, the client is obligated to review the results based on the description provided within 7 calendar days and decide if the results are acceptable. Acceptance can only be refused if the results essentially deviate from the micro job description. If the client does not justifiably reject the acceptance within the above listed timeframe, the transmitted results are considered as accepted by the client.
g) Upon acceptance, Streetspotr shall transfer the servitude and processing rights transferred to Streetspotr by the contractor to the client. The client shall be advised that Streetspotr will not review the legal ownership.
h) Unless otherwise agreed upon, Streetspotr will bill the micro jobs and all additional services provided individually and send an invoice to the client in form of a PDF, either via e-mail or to the web presence.
i) The contractor’s compensation, as well as the fees assessed by Streetspotr are payable in advance through PayPal, unless otherwise agreed upon. The micro job will be completed upon receipt of payment.
a) The contractor may only accepts micro jobs published on the App provided by Streetspotr, if he meets the qualifications listed in the evaluation system outlined under VI.
b) The contractor may accept an offer to perform a micro job based the service description listed on the App within the timeframe designated on the micro job listing by clicking on the “accept job” tab.
c) The contractor shall submit the results to Streetspotr within the designated timeframe listed in the corresponding micro job and/or listed for all micro jobs. If the results are not rejected within 7 calendar days after submitting the micro job, the job is considered as accepted. Submitting the services provided is only possible through the App provided by Streetspotr. Upon submitting the job results, the contractor will receive a confirmation of data transfer via the APP. Images transferred to Streetspotr are exclusively entered via the Smartphone on which the Streetspotr-App is installed and the access is granted.
d) The contractor shall ensure that the services and/or data transferred are not subject to third party rights and particularly, do not contain copy right or trademark/brand-name violations, or violate the intellectual rights of third parties. The contractor is solely responsible to obtain the necessary approvals or the consent of potential owners, if applicable.
e) By transmitting the data to Streetspotr, the contractor grants Streetspotr the exclusive spatial, timely and contextually unrestricted servitude and processing right to the extent it is legally possible and authorized. Furthermore, the contractor shall waive his right to be named pursuant to § 13 UrhG (Copyright Act) . The contractor is required to obtain Streetspotr’s consent for any and all cases to exercise the servitude and processing right.
f) Streetspotr shall compensate the contractor via PayPal as listed in the micro job posting and according to stipulations contained herein, within 30 days of acceptance. Upon request by Streetspotr, the contractor shall provide a PayPal-ID on the platform. Alternative payment methods are not available. The timeframe becomes valid upon providing the PayPal-ID.
1.) Every contractor has the option to cancel the contract for accessing and using the Streetspotr platform without notice or providing a reason. This also applies to the client, unless otherwise agreed upon. The cancellation notice must be sent to email@example.com via e-mail. A cancellation is valid only if the sender’s address is identical to the e-mail address previously provided by the member. A cancellation initiated by Streetspotr is also sent to the e-mail address previously provided by the member.
2.) In the event of a termination, Streetspotr will delete all corresponding data. In the event the member is involved in a bid according to the provisions outlined in III. 2. And/or 3., Streetspotr will store the data required to conclude and process the bid until this data is no longer needed.
1.) Regardless of the legal circumstances, Streetspotr is only liable in the event of intent or gross negligence, otherwise the law shall prevail. The above exclusion from liability also applies to the benefit of Streetspotr’s legal representatives or sub-contractors, in the event the member files a claim against the aforementioned.
2.) In the event of contractual violations, Streetspotr is liable for each violation, however, only up to the amount of the foreseeable damages. Essential contractual obligations are obligations which are required to fulfil the contractual goals e.g., Streetspotr is obligated to forward data provided by the client to the contractor. Streetspotr is liable to consumers for default and the inability to provide services if these are within Streetpotr’s scope of responsibility, however, only up to the amount of the anticipated damages.
3.) Claims resulting from lost profits, saved expenses, from third party damage claims, as well as other direct and subsequent damages cannot be honored, unless a characteristic warranted by Streetspotr serves this purpose to protect the member from damages.
4.) These liability restrictions and exclusions do not apply to entitlements resulting from fraudulent actions by Streetspotr and/or to claims that involve jeopardizing life, health or body. The regulations of the Product Liability Act (ProdHaftG) shall remain unaffected.
5.) Streetspotr does not guarantee the availability of the App or the web presence. The members are advised that availability may be limited occasionally due to technical errors or maintenance.
6.) The contractor shall hold Streetspotr harmless from all third party claims filed against Streetspotr for which the contractor is responsible and/or liable. This particularly includes, but is not limited to the violation of third party rights, such as copy- and/or trademark/brand-name rights, as well as intellectual rights. The contractor shall bear the cost for potential legal actions.
7.) Streetspotr is not liable for accidents or damages the user inflicts upon himself or others while performing a micro job, insofar Streetspotr is not at fault. The user is advised to comply with all safety regulations provided and exercise utmost diligence.
1.) An evaluation system through which the contractors can be evaluated by the clients (currently one-sided) after completing a micro job is in place. The evaluation system is a method to evaluate the reliability of the contractors as well as the quality of work provided. The accuracy of the evaluations is only checked via spot checks by Streetspotr and may be subjectively inapplicable, unless the client has contracted the evaluation of results services with Streetspotr.
2.) A micro job can only be evaluated after it has been completed and the results have been accepted. If the job is rejected it cannot be evaluated.
3.) The members are obligated to provide truthful and case-relevant information within the scope of the evaluation submitted.
4.) The use of the evaluation system contradicting its purpose is prohibited. This particularly includes misappropriated evaluations and evaluations used for another purpose.
5.) Streetspotr has the right to delete evaluations in the event of existing AGB violations or the applicable law.
1.) After each successful completion of a micro job, the contractor will be credited StreetPoints. StreetPoints are virtual points representing the participation and commitment of a contractor on the platform. StreetPoints may be revoked if the micro job is not accepted by the client.
2.) StreetPoints may also be used for evaluation purposes according to VI.
1.) The Law of the Federal Republic of Germany shall apply to all legal relations between the parties.
2.) If the customer is a business person, a legal entity under public law or a separate estate under public law, the place of fulfillment and legal venue for all disputes resulting from this contract is Nuremburg.
The diligent use of your personal data is very important to us and is taken very seriously by us. We process personal data provided during a visit to our website or the use of mobile applications (Apps) exclusively in accordance with the Federal Data Protection Act (BDSG) and other statutory provisions applicable for electronic business transactions. Our website may contain links to other website providers to which this data protection declaration does not apply
If you agree to our data protection policy, you also consent to the Streetspotr GmbH collecting, processing and using your personal data for the purposes outlined.
1.) This website, as well as the Streetspotr-Apps utilizes Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called “cookies”, which are text files that are stored on your computer and enable the analysis of your website use. The information created by the cookies regarding your use of this website, are generally transferred to and stored on a Google server in the USA.
However, in the event the IP-anonymisation is activated on this website, you IP-address will be abbreviated by Google within the European Union membership states or other contractual states of the European Commercial Area Treaty. The entire IP-address is only transferred to a Google server in the USA and abbreviated there in exceptional cases. Google will use this information on behalf of this website provider to analyze your use of this website, to create reports regarding the website activities and to provide other services corresponding to the website utilization and internet use to the website operator. The IP-address sent from your browser within the framework of Google Analytics is not combined with the other Google data. You can prevent the storage of cookies with a respective setting in your browser software; however, we advise you that if this is the case you may not be able to use all functions of this website to their fullest extent. In addition, you can also prevent Google from collecting the data generated by the cookies with regard to your website use (incl. IP address), as well as the processing of this data by Google by downloading and installing the following available browser link (http://tools.google.com/dlpage/gaoptout?hl=de). With reference to the discussion regarding the use of analytical tools with complete IP-addresses, we would like to advise you that this website uses Google Analytics with the extension "_anonymizeIp()" and therefore IP-addresses are processed in an abbreviated version only to exclude a direct association with actual persons. Streetspotr uses the Social Plugins ("Plugins") of social networks Facebook and Google+ as well as Twitter. The plugins are identified by a Facebook/Twitter/Google-Logo. Our pages integrated the plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. You will recognize the plugins on our website by the Facebook-Logo or the "Like-Button": http://developers.facebook.com/docs/plugins/, when visiting our pages, the plugin generates a direct connection between the browser and the Facebook server. Facebook receives the information that you visited our pages with your IP-address. If you click on the "Like-Button" while logged into you Facebook account you can link the contents of our pages with your Facebook profile. This enables Facebook to assign your visit to our pages to your user account. We advise you that as the website provider, we do not receive any information with regard to the content or its use on Facebook. Additional information is available in the Facebook data protection declaration at http://de-de.facebook.com/policy.php. If you do not want Facebook to assign your visit to our site to your user account, please log out of your Facebook account first. If you access a Streetspotr page containing such as plugin, your browser generates a direct connection with the Facebook/Twitter servers. The contents of the plugins is transferred from Facebook/Twitter/Google to your browser and integrated in the website.
2.) While using our App as a Streetspotr, the following data is transferred upon conclusion of a spot and stored on the Streetspotr-server
3.) Collecting and using personal information of our members When creating a membership account you provide us with the data queried during registration.
The following data is queried and stored on the website for registration purposes:
The data provided to us is used only for the purpose you intended when you provided this data, and/or for the use and transfer you have consented to. Collecting data or forwarding personal data to federal agencies and authorities shall only be implemented if mandated by national law. Our employees are obligated to strict confidentiality as well as the bank-and data security act.
The data is used for processing the contractual relations, in particular, processing and compensating the micro jobs (e.g. issuing credits, contacting members,…)
In addition, we create profiles for our respective members, which consist of mandatory data provided during registration, such as (first name, last name, e-mail, date of birth, education/trade, gender), as well as voluntary data provided during registration, such as (residence, profile picture), and the data derived from the evaluation system. This data is used to match the most suitable micro jobs to the respective members. If the member operates a business, the USt.-ID (VAT-ID) is stored as well.
4.) Payment and compensation via PayPal
4a) Compensation via PayPal
The compensation is paid through a Mass-Payment-API from PayPal. Your PayPal e-mail-address and the payment amount is forwarded to PayPal automatically to enable transferring the amount.
4b) Payment via PayPal
For payments via PayPal you are forwarded to the PayPal so you can log into your account. No payment data is transferred to our site during the entire payment process. The data exchange during the payment process is conducted though PayPal exclusively.
5.) How safe is my information?
In an effort to secure the safety of your information during a transfer, we use Secure Sockets Layer Software (SSL). This software encrypts the information you transfer.
You are entitled to obtain free information with regard to correction, blockage and deletion of your stored data at any time. Please contact firstname.lastname@example.org or send us your request by mail.
7.) Disclosure to third parties
We do not disclose your personal data, including your mailing address and e-mail address, to third parties without you explicit and revocable consent. Excluded are the clients providing the micro jobs, which are able to view the information of contractors in the profiles (depending on preferred setting, full first-and last name, first name N. or V.N.) of the individual micro jobs for communication purposes, as well as certain result exports, which allow reviewing your anonymous personal data without mailing- and email address. Also included are our service provision partners who require this data for order- and payment processing (e.g. the credit institution handling the payment). However in these cases the volume of data provided is limited to the required minimum.
8.) Responsible entity
The responsible entity pursuant to the Federal Data Protection Act is the Streetspotr GmbH, Prinzregentenufer 3, 90489 Nuremburg.
Streetspotr GmbH, Nürnberg, November 2013