1. General terms/ scope
1.1 For all legal transactions between the client and TRESCON, these general terms and conditions apply exclusively. In each case, the valid version at the time of the signing of the contract is decisive.
1.2 These general terms and conditions apply to all prospective contractual relationships, even in the case when it is not explicitly stated in additional contracts.
1.3 Opposing general terms and conditions of the client have no validity, unless TRESCON expressly recognized these in writing.
1.4 In the case that any provisions of the general terms and conditions should be ineffective and/or become ineffective, this does not affect the validity of the remaining provisions and the contracts that are concluded on their basis. The ineffective provision is to be replaced by an effective provision that comes closest to the economic purpose of the ineffective one.
2. Scope of the consulting contract
2.1 The scope of a specific consulting contract is contractually agreed in individual cases. The agreed remuneration are based on the current status of the offer or the placing of an order. Changes to the scope of performance must be agreed upon in writing.
2.2 The cooperative partnerships is exclusive. If the client directly comes into contact with other candidates in the field of personnel consulting (internal or external), these candidates will be included in the selection process, if the documents are forwarded to TRESCON. This ensures a good comparability and the best possible staffing. Even if the candidate named by the client is staffed, the agreed remuneration will be due in full. The exclusivity of the cooperative partnership also includes the protection of applications for the respective job advertisement.
3. Obligation to inform by the client/ obligation to report by TRESCON
3.1 The client shall ensure that TRESCON is provided with all documents that are necessary for the fulfilment and execution of the consulting contract in a timely manner and that TRESCON is informed of all events and circumstances which are of importance for the execution of the consulting contract. This also applies to all documents, processes and circumstances that emerge during the activities of TRESCON.
3.2 TRESCON undertakes to report to the client about the performed services in accordance with the work progress.
3.3 The contracting partners commit themselves to loyalty.
4. Confidentiality/ data protection
4.1 TRESCON undertakes to maintain absolute confidentiality about all business matters, in particular business and trade secrets, and any information that TRESCON receives about the nature, scope and activities of the client.
4.2 Furthermore, TRESCON undertakes to maintain confidentiality from third parties with respect to the entire content of the consulting contract as well as all information and circumstances that have been received in connection with the execution of the consulting contract, in particular also the data of the principal’s clients.
4.3 The duty of confidentiality exists indefinitely even after termination of this contract. Exceptions are given in the event of any duty to give evidence.
4.4 TRESCON is entitled to process entrusted personal data in the context of the purpose of the contractual relationship. The client guarantees that all necessary measures, in particular those in the sense of data protection, such as consent declarations, information possibilities and right of withdrawal including data deletion of the data subjects, have been adopted and implemented.
5. Consultation Fee
5.1 The fee for the services provided by TRESCON as well as the terms of payment or interim billing are agreed upon in the specific consulting contracts.
5.2 TRESCON will issue an invoice entitling the deduction of the input tax with all legally required characteristics.
5.3 Arising expenses in cash, allowances, subsistence expenses (such as overnight stays, meeting room, ...), according to the accounting by TRESCON, need to be refunded additionally by the client. For journeys that are necessary in the course of the consulting contract, TRESCON charges a kilometre allowance in the amount of € 0,60 to 100 km one way, or € 1,00 over 100 km one way. Material costs, such as print and online insertions are not included in the agreed remuneration and will be charged separately by TRESCON.
5.4 Should applicants in the context of personnel selection interviews request a travel expense allowance, TRESCON will try to oppose it, or respectively applicants are reminded in the appointment invitations that no travel expenses will be refunded. Should travel costs nevertheless be demanded - which is permissible on the basis of an OGH judgment - then these costs will be passed on to the client.
5.5 The offered fees are valid for the duration of one year from the presentation of candidates, or respectively for the duration of one year from the reporting on the results of the selection process for contracts with persons presented by TRESCON.
5.6 If the client enters into an additional contractual relationship - of whatever kind - with a candidate presented by TRESCON within 12 months, calculated from the presentation of the candidates, TRESCON will charge 75 % of the originally agreed remuneration. From the second additional contract conclusion with a candidate presented by TRESCON, TRESCON is entitled to a remuneration of 50 % of the fee for the first appointment.
These claims also exist if the client or a company within its sphere of influence enters into a contractual relationship - of any kind - with the candidate.
5.7 If the agreed work is not performed for reasons attributable to the client or due to a justified premature termination of the contractual relationship by TRESCON, TRESCON shall retain the right to payment of the entire agreed fee less saved expenses. In the event that an hourly remuneration has been agreed, the fee for the number of hours expected for the entire agreed service shall be paid, minus the saved expenses.
5.8 The fees are due within 15 days of the invoice date without deduction. In case of exceeding the term of payment TRESCON charges default interest in the amount of 8 % p.a., thus 0,67 % per month. In the event of non-payment of interim invoices/payment instalments, TRESCON is released from the obligation to provide further, additional services. However, the assertion of further claims resulting from non-payment shall not be affected thereby.
6. Electronic invoicing
6.1 TRESCON is entitled to send invoices to the client in electronic form. The client expressly agrees to the sending of invoices in electronic form by TRESCON.
7. Final provisions
7.1 The contracting parties confirm that they have faithfully and truthfully provided all information in the contract and undertake to inform each other immediately of any changes.
7.2 Changes to the consulting contract and these general terms and conditions must be made in writing, as wells as a departure from this formal requirement. Verbal collateral agreements do not exist.
7.3 Offers from TRESCON are- unless a longer period is specified- valid for four weeks from the date of issue of the offer.
7.4 Substantive Austrian law is applicable to this contract to the exclusion of the law rules of private international law. Place of performance and jurisdiction is Linz.
7.5 Before disputes are brought to court, both contracting parties agree on a dispute resolution for out-of-court settlement by registered mediators (ZivMediatG) with a focus on business mediation from the list of the Ministry of Justice. If no agreement can be reached on the selection of business mediators or on the content, legal action will be taken, at the earliest one month after the failure of the negotiations. In the event of mediation not being concluded or broken off, Austrian law shall apply in any court proceedings initiated. All necessary expenses incurred as a result of prior mediation, in particular those for consulted legal advisors, can be claimed as "pre-litigation costs" in accordance with the agreement in court or arbitration proceedings.
1. General information
The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the statutory provisions (General Data Protection Regulation (GDPR), Data Protection Act 2000 - DSG 2000, Telecommunications Act 2003 - TKG 2003). In this data protection information we inform you about the most important aspects of data processing within our website.
Further legal bases, which in view of our legitimate interest, require the processing of personal data, as far as this is necessary for the defense against asserted legal claims from the application procedure against us. These are among others: Equal Treatment Act - GlBG, General Civil Code - ABGB, Federal Tax Code - BAO.
At TRESCON there is no data protection officer appointed, as there is no legal requirement to do so. The person responsible for data protection at TRESCON is Dr. Bernhard Winkler, MBA CMC. You can reach us at firstname.lastname@example.org, +43 732 738341.
In the following we will inform you in detail about the scope and purpose of our data processing as well as your rights as a data subject. Therefore, please read our data protection declaration carefully before continuing to use our website and before, if necessary, giving your consent to data processing.
Our website uses so-called cookies. These are small text files that are, with the help of the browser, stored on your end device. They do not cause any damage.
If you do not wish this, you can set up your browser so that it informs you when cookies are set and you are able to allow this only in individual cases.
The deactivation of cookies may limit the functionality of our website.
3. a. Google Analytics
Insofar as Google Adsense, a web ad service of Google Inc., USA ("Google"), places advertisements (text ads, banners, etc.) on this website, your browser may store a cookie sent by Google Inc. or third parties. The information stored in the cookie can be recorded, collected and evaluated by Google Inc. or third parties. In addition, Google Adsense also uses so-called "web beacons" (small invisible graphics), which enable the storage and evaluation of data such as the traffic on the website. The information generated by the cookie and/or web beacon about your usage of this website will be transmitted to and stored by Google on servers in the United States. Google uses the collected information in order to evaluate your usage behaviour with regard to the AdSense ads. If required by law or where third parties process information on the behalf of Google, Google may transfer this information to third parties. Google will not associate your IP address with any other data held by Google. You can prevent the storage of cookies on your hard drive and the display of web bacons. To do this, you must select "Do not accept cookies" in your browser settings (in Internet Explorer under "Extras / Internet options / Data protection / Settings", in Firefox under "Extras / Settings / Data protection / Cookies").
3. b. Sales Suckers
For marketing and optimization reasons, this website uses products and services provided by Sales-Sucker OG (www.sales-suckers.com). Thereby, data is collected, processed and stored, which enables the development of user profiles under a pseudonym. Where possible, useful and reasonable, the user profiles are made completely anonymous. Cookies may be used for this purpose. Cookies are small text files that are stored in the visitor's Internet browser and serve to recognise the Internet browser. The collected data, which may also contain personal data, is transmitted to Sales-Suckers or collected directly by Sales-Suckers. Sales-Suckers may use information left behind by visits to the websites to create anonymous user profiles. The data collected will not be used to personally identify the visitor to this website and will not be merged or linked with personal data about the bearer of the pseudonym without the separate consent of the person concerned. If IP addresses are collected, they will be made anonymous immediately after collection by deleting the last number block. The collection, processing and storage of data may be withdrawn at any time with effect for the future.
4. Processing, usage and disclosure of personal data
Personal data that goes beyond the information stored by cookies are processed by us only if you voluntarily provide us with this information, for example, when you apply to us, register yourself, enter into a contractual relationship with us or you otherwise get in contact with us.
We may process your publicly available job-related data, for example information made available in profiles in (professional) social media networks.
We expressly point out that in an application process we do not collect sensitive information such as social security numbers, mental and physical health information, racial or ethnic origins, political or religious beliefs, memberships in labour unions or political parties, or sex life. However, if you provide us with such information by means of CVs, certificates, other documents, etc., you expressly agree that TRESCON may save and use this data in the application process.
We use the personal data provided, exclusively in the context of the fulfilment of the respective purpose (e.g. concrete application for career offers, registration as an evidence candidate in an unsolicited application, registration to receive information such as newsletters, event information, information about the labour market and to current career offers, participation in surveys and studies, registration for events, downloading of white papers, execution of assignments and the contacting of TRESCON).
We expressly point out that the transfer of data on the Internet (for example, in the case of communication by e-mail or online) can not be completely protected against access by third parties. Communication at our website is secured by Hypertext Transfer Protocol Secure (HTTPS).
Your personal data (for example, as an evidence candidate) will be forwarded to third parties only with your explicit consent. You can decide whether you agree to a disclosure of your personal information to third parties or not.
Persons who specifically and actively apply for a current career offer also agree to the transfer of their data to the respective TRESCON client, depending on the conditions of the tendering and with particular regard to confidentiality and protection of integrity (e.g. stating of blocking notices).
The candidate agrees that he/she will be contacted by TRESCON by telephone, e-mail and other communication channels, e.g. Social media networks.
5. Storage period
We store personal data of applicants for concrete career offers as long as it is necessary for the decision-making. If there is no employment relationship with our client or us ("refusal"), the legally compliant deletion of the data takes place 7 months after the refusal of the applicant.
Candidates in evidence, who have agreed to the permanent storage of their data by TRESCON as a long-term career coach, will be legally deleted after five years from the last contact with TRESCON, unless they wish to be deleted earlier.
Data that have been made available to us exclusively for customer service or information purposes will be stored for a period of five years after the last contact. If you wish, however, we will delete your data before the expiry of this period, provided that there is no legal obstacle given.
In the case of a contract initiation or conclusion, we process your personal data after complete contract execution until the expiry periods for warranty, guarantee, statute of limitations and statutory retention applicable to us, and also until the termination of any legal disputes, in which the data may be required as evidence.
6. Digital interviews and meetings with ZOOM
For many years now TRESCON relies on the personal AND digital service for clients and candidates, including video interviews and conferences as well as online assessments, due to not only regional but also national and international consulting mandates. For this purpose TRESCON uses the tool "ZOOM", a service of the US provider Zoom Video Communications, Inc.
The legal basis for the processing of data via "ZOOM" is Art. 6, para. 1 DSGVO. TRESCON provides with "ZOOM" among other things (pre-) contractual services, in particular digital conversation management.
The appropriate level of data protection at Zoom Video Communications, Inc. is guaranteed by the following measures:
- Zoom Video Communications, Inc. is certified under the Privacy Shield (see register).
- TRESCON has concluded a contract with Zoom Video Communications, Inc. based on the EU standard contract clauses.
- ZOOM-meetings are protected with high confidentiality or at the request of the interlocutor(s) by an individual password and thus reliably protected against unauthorized access by third parties.
7. Your rights
Basically, you are entitled to the rights to information, correction, deletion, restriction, data transferability, revocation and objection. If you believe that the processing of your data violates the data protection law or your data protection claims have otherwise been violated in any way, you can complain to the supervisory authority. In Austria, this is the data protection authority.
8. Liability for links on our website
Our pages include links to external websites of third parties. We have no influence on the contents of these directly or indirectly linked websites. The respective provider or operator is always responsible for the validity of the content, which is why we assume no liability whatsoever in this regard.
At the time of linking, we checked the external websites for possible violations of the law, and no violations of the law were identifiable. A constant check of all contents of the pages linked by us, without actual indications of a legal violation, would be not reasonable. As soon as we become aware of any legal infringements, the corresponding links will be removed immediately.
Do you have any questions? You can reach us at:
TRESCON Betriebsberatungsgesellschaft m.b.H.
Telephone: +43 / 732 / 73 83 41
Fax: +43 / 732 / 73 83 41-99