14 June 2021
The HSL Commuter Benefits Service is a service ("Online Service") that the Helsinki Regional Transport Authority ("HSL”) offers to corporate customers (“Customer”). The service is intended for ordering and managing commuter benefits and requires registration on the service’s online portal.
2 Using the Online Service
2.1 Prerequisites for using the Online Service
HSL will provide the Customer with access to the online portal of the HSL Commuter Benefits Service at https://tyomatkat.hsl.fi/.
HSL has the right to modify the Online Service and its contents and stop maintaining the Online Service in part or in full.
2.2 Access right
The Customer does not have the right to copy, distribute, publicly display or commercially use the Online Service or parts thereof.
Login details must be processed in a manner that ensures their confidentiality, and they shall not be disclosed to any third parties. If login details have been disclosed to a third party, HSL must be informed immediately.
2.3 Ordering via the Online Service
The Customer orders commuter benefits for its employee by selecting a product among the selection of tickets available on the Online Service at the time.
3 Other terms and conditions
3.1 Prices and price alterations
The Customer shall not be charged for using the Online Service. The Customer only pays HSL for the price of the commuter benefit ordered for the Customer’s employee. The prices are set in accordance with the current HSL price list.The price list is available on the Online Service.
3.2 Invoicing and terms of payment
The Customer pays HSL for the actual use of the commuter benefits retroactively based on invoicing by HSL on a monthly basis.
Invoices shall be payable within 14 days of the date shown on the invoice. The interest for late payment is in accordance with the Interest Act.
If the Customer does not pay the invoice by the due date on the payment reminder, the Customer’s access to the Online Service may be suspended without a separate notice.
If necessary, HSL has the right to transfer an outstanding debt to be recovered by a collection agency.
3.3 Data protection and information security
The use of the online portal entails the processing of personal data. Based on this agreement, the Customer acquires services from HSL the delivery of which necessitates the processing of personal data.
Personal data refers here to data related to the customer relationship between HSL and the employees of the Customer. In terms of said personal data, HSL is the controller as laid down in the EU’s General Data Protection Regulation (2016/679). The Customer is the controller of the personal data related to the employment relationship of its employees..
For the sake of clarity, it shall be stated that HSL and the Customer are not joint controllers. The parties shall have independent rights and obligations as data controllers in relation to the processing of the personal data of any persons included in their respective personal data files, and the parties shall each be independently and separately responsible for adequately informing its data subjects, preparing a privacy statement, ensuring the execution of the rights of its data subjects, and for the proper performance of all other obligations under the GDPR relating to the personal data they process.
HSL’s personal data is not to be processed outside the European Union or the European Economic Area, unless otherwise agreed in accordance with legislative requirements.
The Customer is responsible for the information security of its own information systems.
HSL shall store all data relating to or sent by the Customer in a manner that ensures confidentiality. HSL shall implement the information security of its service in a manner that is both generally acceptable and efficient, as well as use appropriate technical solutions to prevent unauthorized access to its information systems.
3.5 Intellectual property rights
The Online Service, its content and layout are protected by copyright and other applicable laws.
3.6 Limitation of liability
HSL does not guarantee that the Online Service will always be available for use without any disruptions. The Online Service may experience downtime and loss of use, or its content may contain errors or inadequacies due, for example, to maintenance activities, technical problems or problems with data transfer caused by third parties. If possible, HSL will report any downtime at HSL.fi in advance. HSL shall try to schedule any downtime so that it does not cause unreasonable harm.
HSL grants the right to access the Online Service “As is”. HSL does not guarantee that the Online Service will be available in all operating environments.
HSL shall not be liable to the Customer or a third party for any errors or delays related to the Online Service, or for any damages resulting thereof. Furthermore, HSL shall not be liable for any errors or delays caused by its subcontractor, or for any damages resulting thereof.
HSL shall not be liable for any third party actions, claims or proceedings against the Customer, or for any damage caused by loss or damage of data, regardless of the cause of the loss or damage.
3.7 Terminating the Online Service
HSL has the right to cancel the agreement if the Customer commits a material breach of contract. However, if the breach of contract can be corrected, the agreement can only be cancelled if the Customer fails to correct the violation within a reasonable deadline set by HSL in writing, which shall be at least fourteen (14) days. A notice of cancellation shall be submitted in writing.
In addition, HSL has the right to cancel the agreement if the Customer’s access to the Online Service has been suspended in accordance with section 3.2, and if no payment has been received within no later than 30 days from the suspension of the service.
3.8 Applicable law and settlement of disputes
If a dispute is not settled by negotiation between the parties, the dispute shall be referred to the Helsinki District Court.