These general conditions of collaboration (the “General Conditions”) apply to the entities (the “Recruiters”) that wish to collaborate with TALENTFY RECRUITING, S.L., with registered office at C/ Tuset 19, Entlo, 08006, Barcelona and holder of Tax ID number B67460907 (“TalentFY”), so that they may carry out the services chosen by TalentFY through the Website (the “Service(s)”).
The General Terms and Conditions set out the terms and conditions governing the relationship between TalentFY and Recruiters, and the relationship between Employers and Recruiters for the provision of the Services is regulated by the specific terms and conditions applicable to each Service (the “Specific Terms and Conditions”). Together, the General Conditions and the Special Conditions shall be referred to as the “Conditions of Cooperation”. The registration of the Recruiter and the acceptance of each new process on the Website implies full acceptance of the Terms and Conditions of Collaboration. If the Recruiter does not accept them, the collaboration on the Services will not be carried out and, consequently, will not entail the assumption of any obligation or responsibility on the part of TalentFY.
TalentFY reserves the right to modify the content and/or scope of the Terms of Collaboration at any time, therefore, before accepting the Services, the Recruiter must carefully read its content as it is the Recruiter’s responsibility to review the Terms of Collaboration in force at any given time.
Table of Contents
TalentFY – Recruiters
- Recruiter Registration
- Rates and Billing
- Protection of Personal Data
- Recruiter’s resignation
- Applicable law and competent jurisdiction
- Candidate Selection
- Recruiter Services
- Protection of Personal Data
- Applicable Law and Competent Jurisdiction
TalentFY – Employers
1 . Recruiter Registration
The Recruiter must register on the website following the procedure provided therein. For second and subsequent accesses, the Recruiter will only have to provide the e-mail address and password in the “Log In” section of the website.
Once registered, the Recruiter will receive a notification from TalentFY confirming that the registration process has been successful.
By registering on the Website, the Recruiter agrees that TalentFY can use its distinctive signs on the Website and declares to have full capacity to operate. To this end, TalentFY reserves the right to request, at any time, the Recruiter to provide the relevant supporting documentation; in the event that the Recruiter does not comply with TalentFY’s request or does not comply with it correctly, TalentFY may also prohibit the use and/or access to the Website and maintain the Recruiter’s status as a Recruiter.
In the event that the Recruiter does not provide all the required information and/or does not complete the registration procedure provided on the website, he/she will not be registered as such and, therefore, may not be a beneficiary of the Collaboration with TalentFY.
After registering with TalentFY, the Recruiter must follow the procedure set out on the Website, in accordance with the Special Conditions for each type of Partnership.
2. Rates and Billing
TalentFY shall invoice the Employer for the amount due in accordance with the “Tariff” corresponding to the Service accepted through the Web. From this Tariff, the economic model of the Conditions of Collaboration specific to each new process will be drawn up.
TalentFY shall pay the invoice to the Recruiter, by bank transfer or any other means of payment provided on the Website, within a maximum period of thirty (30) calendar days from receipt of the invoice.
The Tariff and the Terms and Conditions do 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 default interest from the Employer at the legal interest rate in force at the time the Terms and Conditions become due.
TalentFY is an intermediary and is therefore exempt from any liability and/or claim arising, directly or indirectly, from the performance of the Services except in relation to incidents in the management of the payment of the Services provided that they are directly attributable to TalentFY. Therefore, the Recruiter undertakes to hold TalentFY harmless from any type of sanction, fine, compensation and/or damages that may be imposed on TalentFY as a result of the Collaboration.
TalentFY shall not be liable for any damages and/or losses that may be caused to Recruiters, directly or indirectly, by their access to or use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses and/or computer attacks, nor for any breakdowns, interruptions, absence or defects in communications and/or the Internet.
The Recruiter undertakes to TalentFY to fully comply with the obligations set out in these General Terms and Conditions, the Special Conditions and the other terms and conditions provided by TalentFY and/or the applicable legislation at all times; consequently, the Recruiter shall be liable for any damages of any kind that TalentFY may suffer as a result of a breach of these obligations.
The Recruiter is also obliged to cooperate with the Services offered by the Employer through the website, and may not, therefore, be contracted outside the website or without following the procedure and fees set out on the website. In the event of non-compliance with this obligation, the Recruiter shall pay TalentFY the amount of the Fee that would have resulted from collaborating through the Website.
The Recruiter undertakes to keep the Confidential Information confidential. For this purpose, the term “Confidential Information” means any technical, commercial, financial and business information of TalentFY to which TalentFY has had access in connection with the Partnership.
Accordingly, the Recruiter shall maintain the secrecy and confidentiality of all Confidential Information and shall not, at any time, sell, transmit and/or disclose such Confidential Information, in whole or in part, to any third party, or use or dispose of it for any purpose other than that for which it was disclosed, without the prior written permission of TalentFY.
The obligation of confidentiality will have an indefinite duration, remaining in force after the termination of the Recruiter’s employment, and will be binding for the corresponding employees and collaborators, both external and internal, of the Recruiter.
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 which, after disclosure by TalentFY, becomes publicly available through publications or by other means, without infringement by the Recruiter.
5. Protection of Personal Data
In accordance with the General Data Protection Regulation EU 679/2016 (RGPD) and the Organic Law on Personal Data Protection and Guarantee of Digital Rights 3/2018 (LOPDGDD), TALENTFY informs Recruiters that the personal data provided through the Website will be included in a file owned by TalentFY for the purpose of managing the intermediation in the Services and, in particular, the management of the collections and payments resulting from the same. Recruiters may exercise their rights of access, rectification, cancellation and opposition, under the terms provided for in current legislation, at the registered office of TalentFY or upon request by email to email@example.com (Ref. RGPD).
The Recruiter shall communicate to TalentFY his/her current personal data, as well as any modification thereof, so that the information contained in TalentFY’s files is, at all times, updated and error-free. The Recruiter will be responsible, in this case, for the veracity of the data provided, and TalentFY reserves the right to exclude from the website any Recruiter who has provided false or fraudulent data, without prejudice to any other actions that may be legally appropriate.
Likewise, if as a result of the intermediation carried out by TalentFY, TalentFY accesses the Recruiter’s personal data, the following provisions shall apply:
TalentFY will treat as confidential any personal data provided by the Recruiter or to which it has direct access, as a result of the Collaboration.
TalentFY will process the personal data owned by Recruiters in accordance with their instructions, will not apply or use them for purposes other than those set out in these General Terms and Conditions and will not communicate them, even for storage purposes, to other persons. In the event that TalentFY should subcontract the provision of part of the intermediation services to a third party and this involves the processing of the Recruiters’ personal data by said third party, TalentFY shall act in the name and on behalf of the Recruiters, for which it is expressly authorised by virtue of this clause.
When the Recruiter leaves the Recruiter in accordance with the provisions of the section REMOVAL OF THE RECRUITER, the personal data must be returned to the Recruiter, as well as any support or document containing any personal data subject to processing. The return of personal data shall be carried out, where appropriate, in the format and on the media used to store such data.
TalentFY declares that it has implemented the necessary basic, medium or high level technical and organisational measures to guarantee the security of personal data, preventing its alteration, loss, processing and/or unauthorised access, taking into account 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 the Protection of Personal Data and Guarantee of Digital Rights 3/2018 (LOPDGDD), which approves the Regulation implementing the GDPR.
6. Recruiter’s resignation
To unsubscribe as a Recruiter, the Recruiter must inform TalentFY by email through the contact details provided on the Website.
In the event that the Recruiter fails to comply with any of the obligations set out in these Collaboration Conditions and/or any other terms and conditions set out on the Website, TalentFY reserves the right to immediately cancel the application and/or execution of the Collaboration and/or remove the Recruiter from the Website, adopting any technical measures necessary for this purpose.
The relationship between TalentFY and the Recruiter is one of intermediation and therefore strictly commercial. Consequently, no agency relationship arises, joint venture of employment relationship between the two parties.
The Terms of Collaboration represent the only valid agreement between the Parties in relation to the subject matter hereof and supersede any other contracts or agreements previously entered into by the Parties in relation to the same subject matter, whether oral or written..
If any provision of the Terms of Collaboration is declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall affect only that provision or that part thereof which is null and void or ineffective, and the Terms of Collaboration shall otherwise remain in full force and effect, and such provision or that part thereof which is affected shall be deemed not to have been made. For these purposes, the Terms of Collaboration shall only cease to be valid only with respect to the invalid or ineffective provision, and no other part or provision of the same shall be annulled, invalidated, impaired or affected by such invalidity or ineffectiveness, unless it would affect the Terms of Collaboration in its entirety because it is essential.
8. Applicable law and competent jurisdiction
The General Conditions shall be governed by and construed in accordance with the laws of Spain.
For any discrepancy that may arise and is not resolved amicably, TalentFY and the Recruiter, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction and competence of the Courts and Tribunals of Barcelona.
1. Candidate Selection
These Special Conditions set out the terms and conditions of the Partnership between TalentFY and the Recruiter.
The terms and definitions included in the Particular Conditions shall have the same meaning as in the General Conditions. In the event of contradiction between the provisions of the General Conditions and the Special Conditions, the latter shall prevail.
2. Recruiter Services
Once the Recruiter is proposed by TalentFY for a specific selection process and the Recruiter accepts the assignment within a maximum of three (3) calendar days of receiving notification from TalentFY, the Recruiter will undertakes to provide the Employer with the Candidate Selection Service (the “Candidates“) in accordance with the provisions of these Special Conditions.
The Recruiter, by acceptance of the assignment, warrants to the Employer:
- That the Services you provide to the Employer will not infringe any applicable laws or any rights of third parties, in particular TalentFY..
- That it has sufficient capacity and experience necessary for the provision of the Services to the Employer and that it has sufficient authorisations and/or permits necessary for their execution.
In consideration for the services of the Recruiter in the Partnership, TalentFY is obliged to pay the amount established in each new Partnership process.
In the event that the Recruiter must incur certain expenses for the proper provision of the Services to the Employer (such as travel and subsistence), the Recruiter must notify TalentFY in writing for consultation with the Employer and prior written approval by the Employer.
Once the Candidate has entered into a contract with the Employer, if the Employer terminates or dismisses the Candidate or the Candidate voluntarily resigns from the contract within the first three (3) months (counting from the start of the Candidate’s professional activity in the Employer’s organisation), the Recruiter will carry out a new Candidate selection for the same Employer free of charge.
The guarantees shall only apply once per process, and provided that the termination of the Candidate’s contract is not based on a breach of contract by the Employer.
A Candidate who is part of a selection process carried out by TalentFY shall be considered to be its property for a period of two (2) years after it has been validated.
Therefore, in case you are recruited by the Employer (or any company of the same group), the amount of the Tariff established in the selection process for which the CV was sent by the Recruiter will accrue.
The Recruiter may not propose as a Candidate any employee of the same Employer within the time limits set out in the GUARANTEES section (from the date of completion of the last selection process).
Furthermore, once a Candidate has been hired by an Employer, he/she may not be included by TalentFY in any other Employer’s selection process for a period of one (1) year after being hired and as long as he/she continues to be hired by that Employer.
These Particular Conditions shall expire in the following cases:
- By express agreement of both parties;
- For breach of obligations under the Particular Conditions; and
- By unilateral denunciation of one of the parties provided that there is a written notice of thirty (30) calendar days.
Both parties undertake to keep the Confidential Information of the other party strictly confidential. For these purposes, “Confidential Information” means any technical, commercial, financial and business information to which a party has access in connection with the provision of the Services.
Accordingly, the parties shall maintain the secrecy and confidentiality of all Confidential Information and shall not, at any time, sell, transmit and/or disclose such Confidential Information, in whole or in part, to any third party, or use or dispose of it for any purpose other than that for which it was disclosed, without the prior written consent 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 relevant employees and collaborators, both external and internal.
The obligation of confidentiality regulated in this clause does not apply to (i) information which, at the time of disclosure, was already in the public domain; and (ii) information which, having been disclosed by one party, enters the public domain through publication or otherwise, without infringement by the other party.
10. Protection of Personal Data
The Recruiter and TalentFY undertake to comply with the personal data protection regulations in force (in particular, the EU General Data Protection Regulation 679/2016 (GDPR) and the Organic Law on Personal Data Protection and Guarantee of Digital Rights 3/2018 (LOPDGDD) and any regulation that develops and/or replaces 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 Recruiter; in this regard, TalentFY guarantees to the Recruiter that it will have complied with Articles 11 and 27 LOPD.
The relationship between the Recruiter and TalentFY is one of provision of services and, therefore, strictly commercial. Consequently, there is no agency, joint venture or employment relationship between them.
In the event that the Recruiter and TalentFY wish to modify any aspect of the Special Conditions, this must be agreed through the corresponding Appendix, and previously notified by email to TalentFY for approval.
12. Applicable Law and Competent Jurisdiction
The Special Conditions shall be governed by and construed in accordance with the laws of Spain.
For any discrepancy that may arise and is not resolved amicably, the Recruiter and TalentFY, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction and competence of the Courts and Tribunals of Barcelona.