TalentFY

General Conditions Employers

 

These general conditions of contract (the “General Conditions”) apply to entities (the “Employers”) that wish to contract the services of TALENTFY RECRUITING, S.L., with registered office in C/ Tuset 19, Entlo, 08006, Barcelona and provided with CIF number B67460907 (“TalentFY”), so that they are responsible for carrying out the services chosen by the Employer through the

The General Conditions establish the terms and conditions that will govern the relationship between TalentFY and the Employers, regulating the relationship of provision of the Services between Employers and Recruiters and/or Candidates through the corresponding particular conditions applicable to each Service (the “Particular Conditions”). Together, the General Conditions and the Particular Conditions will be called the “Conditions of Contract”. The registration of the Employer on the Web implies the full acceptance of the Conditions of Hiring. If the Employer does not accept them, the hiring of the Services will not take place and, accordingly, will not result in the
assumption of any obligation or liability by TalentFY and/or the Recruiter and/or the Candidate.

TalentFY reserves the right to modify the content and/or scope of the Terms and Conditions at any time, so before requesting the Services, the Employer shall carefully read its contents as it is the responsibility of the Employer to review the Terms of Employment in force at all times.

Table of Contents

TalentFY – Employers

  1. Employer Sign up
  2. Rates and Billing
  3. Liability
  4. Confidentiality
  5. Protection of Personal Data
  6. Employer Cancellation
  7. Generalities
  8. Applicable law and competent jurisdiction

Employers – Recruiters

  1. Candidate Selection
  2. Fees
  3. Guarantees
  4. Property
  5. Limits
  6. Extinction
  7. Confidentiality
  8. Protection of Personal Data
  9. Generalities
  10. Applicable law and competent jurisdiction

TalentFY – Employers

1 . Employer Sign up

The Employer must register on the Website following the procedure provided therein. In second and subsequent requests for Services, the Employer shall only provide the email address and password in the “Log
In”.

Upon registration, the Employer will receive a notification from TalentFY confirming that the registration process has been successful.

By registering on the Web, the Employer consents that TalentFY may use its distinctive signs on the Web and declares to have full capacity to contract. To this end, TalentFY reserves the option to request documentation from Employers at any time
In the event that the Employer does not comply with the TalentFY requirement or does not attend to it correctly, the latter may also prohibit the use and/or access to the Website and maintain the status of Employer.

In the event that the Employer does not provide all the required information and/or does not complete the registration procedure provided on the Website, it will not be registered as such and, therefore, may not be a beneficiary of the Services provided by TalentFY.

Also, the Employer may come from another provider (the “External Platform”), in which case, your profile will be registered and integrated directly in TalentFY provided that the Employer accepts the Terms of Employment and the rest of policies of the Web.

After registration in TalentFY, the Employer must choose the mode of Service and follow the procedure provided on the Web, also governing the Particular Conditions of each type of Service.

2. Rates and Billing

TalentFY will bill the Employer for the appropriate amount in accordance with the “Fee” corresponding to the Service accepted through the Website. The established fee for each position appears on the website at the time of the publication of this.

The Employer must pay the invoice to TalentFY, by bank transfer or any other means of payment provided on the Website, within a maximum of thirty (30) calendar days from receipt of the invoice in case of contracting.

The Rate does not include VAT at the current legal rate or any other applicable tax.

In the event of non-payment of an invoice, TalentFY may claim interest from the Employer at the statutory interest rate in effect at the time the Tariff becomes due, without prejudice to TalentFY’s option to terminate the Employer as provided for in
section “Employer Cancellation “.

3. Responsibility

TalentFY is an intermediary and is therefore exempt from any liability and/or claim arising, directly or indirectly, the execution of the Services except in relation to the incidents in the management of the payment of the Services provided that they are directly attributable to TalentFY. Therefore, the Employer undertakes to keep TalentFY free from any kind of penalty, fine, compensation and/or damages that may be imposed on it in connection with the provision of the Services.

TalentFY is also not liable for any damages and/or damages that may accrue to Employers, directly or indirectly, for their access to or use of the platform, including but not limited to, to those produced in computer systems or those caused by the introduction of viruses and/or computer attacks, nor of falls, interruptions, absence or defect in communications and/or on the Internet.

The Employer undertakes to comply in full with the obligations provided for in these General Conditions, the Special Conditions and the other terms and conditions provided for by TalentFY and/or the applicable legislation at all times; and
consequently, the Employer shall be liable for any damages of any nature that TalentFY may suffer as a result of the breach of those obligations.

The Employer also undertakes to contract the Services offered by the Recruiter through the Web, not being able, in consequence, to hire them to the Recruiter outside the same one or disregarding the procedure and the fees provided in the Web. In case
breach of this obligation, the Employer shall pay TalentFY the amount of the Fee that would have resulted from contracting the Recruiter Services through the Website.

4. Confidentiality

Both parties agree to maintain absolute confidentiality about each other’s Confidential Information. For this purpose, “Confidential Information” means any technical, commercial, financial and business information to which there is
had access to a party in connection with the provision of the Services.

Accordingly, the parties shall maintain the secrecy and confidentiality of all Confidential Information and may not, at any time, sell, transmit and/or disclose such Confidential Information, in whole or in part, to any third party, or to use or dispose of it for any purpose other than that for which it was disclosed, without the prior written permission of the other party.

The obligation of confidentiality shall be of indefinite duration, and shall remain in force after the termination, for any reason, of the relationship between the parties and shall be binding on the employees and collaborators concerned, both
internal and external.

The obligation of confidentiality contained in this clause does not apply to (i) information which, at the time of disclosure, is already in the public domain; and (ii) information that, after having been disclosed by TalentFY, becomes public knowledge through publications or by other means, without infringement by the Employer.

5. Protection of Personal Data

In accordance with the General Data Protection Regulation UE 679/2016 (RGPD) and the Organic Law of Protection of Personal Data and Guarantee of Digital Rights 3/2018 (LOPDGDD), TALENTFY informs Employers that the personal data provided through the Web will be integrated in a file owned by TalentFY in order to manage the intermediation in the Services and, in particular the management of collections and payments resulting therefrom. Employers may exercise the rights of access, rectification, cancellation and opposition, in the terms provided for in the current legislation, at the registered office of TalentFY or upon request by email to atencion@ytalentfy.com (Ref. RGPD).

The Employer shall communicate to TalentFY your current personal data, as well as any modifications thereof, so that the information contained in the TalentFY files is, at all times, updated and error-free. The Employer will respond, in such case, of the veracity of the data provided, reserving TalentFY the right to exclude from the Web and/or the Services any Employer who has provided false or fraudulent data, without prejudice to other legal actions.

In addition, if, in connection with the intermediation carried out by TalentFY, TalentFY accesses the personal data held by the Employers, the following provisions shall apply:

TalentFY will treat confidentially any personal data provided to it by Employers or to which they have direct access, in connection with the Services.

TalentFY will process the personal data held by the Employers according to its instructions, will not apply or use them for any purpose other than those provided for in these General Conditions and will not communicate them, even for storage, to other persons. In the event that TalentFY had to subcontract to a third party the provision of part of the intermediation services and this entails the processing of the personal data held by the Employers by that third party, TalentFY will act in the name and on behalf of the Employers, for which it is expressly authorized under this clause.

At the time the Employer is discharged according to the provisions of the EMPLOYER’S DISCLAIMER, personal data must be returned to the Employers as well as any medium or document containing any personal data subject to treatment. The return of personal data shall be carried out, where appropriate, in the format and on the media used to store such data.

TalentFY states that it has implemented the technical and organizational measures of basic, medium or high level necessary to guarantee the security of personal data, avoiding alteration, loss, processing and/or unauthorized access, given
account of the nature of the data it processes and the risks to which such data may be exposed, all in accordance with the provisions of the General Data Protection Regulation EU 679/2016 (GDPR) and the Organic Law on Protection of Personal Data and Guarantee of Digital Rights 3/2018 (LOPDGDD), which approves the Implementing Regulation of the RGPD.

6. Employer Cancellation

To unsubscribe as an Employer, the Employer must notify TalentFY by email via the contact details on the Website.

In the event that the Employer fails to comply with any of the obligations provided in these Terms of Employment and/or any other terms and conditions provided for on the Website, TalentFY reserves the right to immediately cancel the request and/or execution of the Services and/or unsubscribe you from the Web, taking any technical measures necessary to that effect.

7. Generalities

The relationship between TalentFY and the Employer is intermediary and therefore strictly commercial. Consequently, there is no agency relationship, joint venture or employment relationship between the two parties.

The Terms of Contract represent the only valid agreement between the Parties in relation to the subject matter of the contract and nullify any other contracts or agreements previously reached by the Parties in relation to the same subject matter, whether oral
or written.

If any of the clauses of the Terms of Contract is declared, in whole or in part, void or ineffective, such nullity or ineffectiveness shall affect only that provision or that part thereof which is void or ineffective, and the Terms of Contract shall remain in force in all other matters, subject to the non-application of such provision or the part thereof that is affected. For this purpose, the Terms of Contract shall only cease to be valid with respect to the null and void provision, and no
another part or provision thereof shall be annulled, invalidated, damaged or affected by such nullity or ineffectiveness, unless it is essential to affect the Conditions of Contract in a comprehensive manner.

8. Applicable law and competent jurisdiction

The General Conditions shall be governed and interpreted in accordance with the laws of Spain.

For any discrepancy that may arise and not be resolved amicably, TalentFY and the Employer, expressly renouncing any other jurisdiction that may correspond to them, submit to the jurisdiction and competence of the Courts and
Barcelona.

Particular Conditions

Employers – Recruiters

1. Candidate Selection

These Particular Conditions set forth the terms and conditions of the provision of the Services by TalentFY to Employers.

The terms and definitions included in the Particular Conditions shall have the same meaning as in the General Conditions. In case of contradiction between the provisions of the General Conditions and the Particular Conditions, the latter shall prevail.

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2. Fees

Como contraprestación por los Servicios, el Empleador se obliga a pagar, solo en caso de éxito, a través de TalentFY, el importe de la Tarifa consiste en alguno de los siguientes parámetros:

  • Percentage of the amount of the total gross annual salary of the Candidate and, if applicable, the variable, share plan or similar (PSO, Phantom Shares…) indicated by the Employer on the Web.

3. Guarantees

Once the Candidate has signed the contract with the Employer, if the Employer terminates the contract or dismisses him or the Candidate voluntarily renounces the contract within the first three(3) months (from the beginning of the Candidate’s professional activity in the Employer’s organization), the Recruiter will carry out a new selection of Candidate for the same Employer free of charge. Conversely, if the Employer covers the guarantee on its own, TalentFY will not return the invoice.

The guarantees will only apply once for each Process, and provided that the termination of the Candidate’s contract is not based on a breach of contract by the Employer.

TalentFY undertakes to repay the financial amount if the position is not covered within a period of not less than three months.

4. Property

A Candidate who is part of a selection process carried out by TalentFY shall be deemed to be his or her property for a period of two (2) years from its validation.

Therefore, in case you are hired by the Employer (or any company of the same group), the amount of the Rate established in the selection process for which the CV was sent by the Recruiter will be earned.

5. Limits

The Recruiter may not propose as a Candidate any worker of the same Employer within the deadlines provided for in the Section GUARANTEES (from the date of completion of the last selection process); notwithstanding the foregoing, nothing prevents a Candidate who, unilaterally and spontaneously and, where appropriate, by mutual agreement with your company, present your application to the same employer on your own.

Also, once a Candidate is hired by an Employer, he may not be included by TalentFY in another selection process of other Employers for a period of one (1) year from his hiring and provided that he continues to be hired by that Employer.

6. Extinction

These Particular Conditions shall expire in the following cases:

  1. By express agreement of both parties;
  2. For breach of obligations under the Particular Conditions; and
  3. By unilateral denunciation of one of the parties provided that there is a written notice of thirty (30) calendar days.

7. Confidentiality

Both parties agree to maintain absolute confidentiality about each other’s Confidential Information. For this purpose, “Confidential Information” means any technical, commercial, financial and business information to which there is
had access to a party in connection with the provision of the Services.

Accordingly, the parties shall maintain the secrecy and confidentiality of all Confidential Information and may not, at any time, sell, transmit and/or disclose such Confidential Information, in whole or in part, to any third party, or to use or dispose of it for any purpose other than that for which it was disclosed, without the prior written permission of the other party.

The obligation of confidentiality shall be of indefinite duration and shall remain in force after the termination, for any reason, of the relationship between the parties and shall be binding on the employees and collaborators concerned, both external and internal.

The obligation of confidentiality contained in this clause does not apply to (i) information which, at the time of disclosure, is already in the public domain; and (ii) la información que, tras haber sido revelada por una parte, pase a ser de dominio público a través de publicaciones o por otros medios, sin infracción por parte de la otra parte.

8. Protection of Personal Data

The Employer and TalentFY are obliged to comply with the current personal data protection regulations (in particular, EU General Data Protection Regulation 679/2016 (GDPR) and the Organic Law on Protection of Personal Data and Guarantee of Digital Rights 3/2018
(LOPDGDD) and any regulations that develop and/or replace it) in relation to the personal data that they process and/or provide to the other party and, in particular, in relation to the personal data of the Candidates that TalentFY provides to the Employer; in this sense, TalentFY
guarantees to the Employer that it will have complied with Articles 11 and 27 LOPD.

9. Generalities

The relationship between the Employer and TalentFY is one of service provision and therefore strictly commercial. Consequently, no agency relationship, joint venture or employment relationship is derived between them.

In the event that the Employer and TalentFY wish to modify any aspect of the Particular Conditions, they must agree through the corresponding Appendix, and previously notify TalentFY by email for approval.

10. Applicable law and competent jurisdiction

The Particular Conditions shall be governed and interpreted in accordance with the laws of Spain.


For any discrepancy that may arise and not be resolved amicably, the Employer and TalentFY, expressly renouncing any other jurisdiction that may correspond to them, submit to the jurisdiction and competence of the Courts and Tribunals of Barcelona.

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