The owner of the website www.jobandtalent.com and of the Jobandtalent mobile application is Jobs and Talent S.L. (hereinafter referred to as "Jobandtalent") with CIF (Spanish Tax No.) B-85384808, with address for communication purposes in Madrid, Paseo de la Castellana 93, 4th floor, and registered in the Company Register of Malaga in volume 4717, folio 186 and page MA-103840.
These terms of use are applicable to all platforms where the service is provided: websites under the domain jobandtalent.com and the mobile application, regardless of the language into which they have been translated.
Jobandtalent reserves the possibility of modifying, without prior notice, the design, presentation and/or settings of these platforms, as well as some or all of the services, and of adding new services. The use of the platform means the Applicant has accepted the provisions included in the Legal Terms and Conditions according to the version published by Jobandtalent which is valid on the date on which the Applicant accesses the platform. It is advisable to review the Legal Terms and Conditions periodically.
These Legal Terms and Conditions regulate the access and use by the Applicant of the services offered in the platform, whose main purpose is the hiring of Applicants by companies in an online environment.
Jobandtalent understands as "Applicants" all those users, who are natural persons, who are searching for a job and who use the Jobandtalent services and access the platforms owned by Jobandtalent.
In this respect, the purpose of Jobandtalent is to provide the Applicant with access to job offers published by Companies registered in the platform through its local website and its Mobile App. The purpose of Jobandtalent is also to recommend job offers to the applicants that match their professional profile and/or the professional preferences chosen by the applicant. These recommendations will be made through the specific recommendation section and through e-mail communications or mobile notifications.
In addition to this, the purpose of Jobandtalent is to hire selected applicants through temporary work agencies and to provide them with all the work-related services linked to their hiring process.
The use of certain services offered to the Applicants through the platform may be subject to particular terms and conditions which, depending on each particular case, may substitute, complete and/or modify these General Terms of Use. Thus, prior to the use of the aforementioned services, the Applicant shall carefully read and accept the corresponding particular Terms and Conditions.
The services which Jobandtalent offers to the Applicant are the following:
When you sign up as an Applicant, you undertake to use the platform and the services which can be accessed through it diligently, subject to the law, to a good conduct and to these General Terms of Use and, when applicable, to the particular terms and conditions which may be applicable when requesting specific services.
Jobandtalent makes the use of most of its services conditional to the prior filling of the corresponding Applicant sign-up form in the platform. When signing up, you shall select an identifier (ID or login) and a password, and you undertake to keep it and use it with due diligence.
This password is personal and non-transferrable, and its transfer to third parties, even if it is temporary, is not allowed. In this respect, the Applicant shall take all the necessary measures in order to guard their password, preventing it from being used by third parties. Thus, the Applicant is solely responsible for the use of their password and otherwise Jobandtalent shall be held harmless. If the Applicant knows or suspects their password is used by third parties, they shall notify Jobandtalent as soon as possible.
When processing the sign-up information, the Applicant guarantees that he is over the minimum legal working age limit for the country where they are looking for a job.
Regarding the SMS services or mobile notifications, the Applicant guarantees that he is the holder, subscriber or user of the declared mobile phones and he is responsible for communicating any change to Jobandtalent.
In any case, the Applicant shall be solely responsible for the false or inaccurate statements made and for the damages caused to Jobandtalent or to third-parties due to the information they provide.
The Applicant is expressly prohibited from carrying out the following actions, since they may endanger the normal continuity of the platform:
The Applicant who intentionally or negligently breaches any of the previous obligations shall be responsible for all the damages they cause.
Jobandtalent reserves all the operating rights over the web platform and app and the contents published in them. The texts, designs, images, audios, databases, logos, structure, brands and such elements which are part of the web platform and app are protected by intellectual and industrial property rights held by Jobandtalent and/or third-party holders that have duly authorized their inclusion in the platform.
Any reproduction, transfer, adaptation, translation, modification, public communication or any other operation of all or part of the content, made in any way or by any means, whether electronic, mechanic or any other kind, are strictly prohibited, except by prior written authorization from Jobandtalent or third-party holders. Any breach of these rights may result in the corresponding out-of-court proceedings or civil or criminal court proceedings.
Jobandtalent includes links to sites owned and/or managed by third parties within its contents with the purpose of facilitating the access to available information through the Internet. Jobandtalent does not accept any responsibility resulting from the presence of links among the contents of the site and contents located outside this site or any other mention to contents outside this site. Such links or mentions have an exclusively informative purpose and they do not imply the support, approval, marketing or relation of any kind between Jobandtalent and the persons or entities that are the authors and/or managers of such contents, or that are the owners of the websites where they are located.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by the Applicants are their exclusive responsibility, transferring the necessary rights for the publication of these data in the platform and its proper use to Jobandtalent.
Jobandtalent does not allow the distribution, management or communication of contents which may impair the quality of the services. The publication of the following contents is expressly prohibited:
In addition to this, Jobandtalent reserves the legal authority to remove from the platform, without prior notice, those contents which are not considered appropriate for the characteristics and purposes of the Services.
Jobandtalent does not accept any responsibility for the contents published by the applicants, and the applicants are solely responsible for such actions. The entered and published contents are reviewed periodically in order to comply with the quality principles of Jobandtalent, as well as with the regulations herein.
In accordance with the General Data Protection Regulation 2016/679, Jobandtalent acts as the Controller of the personal data you provide, and these data will be entered into a register of the processing activity owned by the company.
Based on your country and on the kind of process of use in which you take part, particular conditions will be applied to the data processing by some of the following local companies which are the ones carrying out the services as co-controllers, along with Jobandtalent:
Under no circumstances will the data be transferred among these companies without your express consent, and you will always be informed about the company or companies which will process your data through the particular terms and conditions of the recruitment process in which you take part.
Your data will be protected with security measures of a technical and organizational nature in order to guarantee the safety of personal information and prevent their non-authorized modification, loss, processing or access, in the light of the scope, context and purposes of the processing; the state of the technique and the existing risks, such as control proceedings for the safety of the information systems. When determining these measures, criteria such as the scope, context and purposes of the processing have been taken into account, as well as the state of the technique and the existing risks.
Such data shall be processed for the following purposes and on the following legal basis:
|
Purpose |
Legal basis |
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Providing the Service stipulated in these General Terms of Use and managing all the necessary issues for its maintenance, for which these data are strictly necessary. More information in section 2 |
Necessary for the performance of the contract. |
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Sending promotional information related to the recruitment and hiring service you have activated, such as training courses related to your professional activity. |
Necessary for the performance of the contract and for legitimate interest. |
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Sending promotional information which is not related to the main activity of Jobandtalent: benefits negotiated with third parties for being a Jobandtalent worker |
Consent |
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Profiling related to the activity of providing and applying for jobs. Methodology: Jobandtalent algorithm to find the applicants who best match their offer, taking into account their profile information. Consequences: sending information about offers which match their profile |
Necessary for the performance of the contract. |
|
Professional references of the applicants with the purpose of improving the employability of the workers More information in section 6. |
Legitimate Interest |
You may cancel the service or revoke the consents granted to Jobandtalent for data processing at any given time. Jobandtalent uses two mechanisms through which the Applicants, upon request, can activate or cancel the e-mail communications services easily and free of charge, both while signing up and in the access menu. For this purpose, the Applicant shall enter the Applicant access menu and enable or disable the sending option in the e-mail communications section. In addition to this, this service can be cancelled by following the instructions given at the bottom of the main text included in the e-mails. The applicant can also disable notifications in the mobile app from the settings of their own mobile device.
The personal data which we collect will be stored until your relation with Jobandtalent is finished. If you decide to terminate this relation, we will keep your data properly blocked with the sole purpose of meeting any pending legal responsibilities in the event you are hired by any of the subsidiary companies indicated at the beginning of this section. Your personal data will be deleted when the aforementioned responsibilities prescribe.
The Applicant undertakes to provide personal data which are real and true, as well as to notify Jobandtalent of any modification or update of these data. The Applicant will be solely responsible for the truthfulness of their personal data. Failure to communicate or the incomplete communication of those personal data which are required to formalize the hiring of the Service will imply the impossibility of providing this Service and, thus, when applicable, the termination of the contract.
In some cases, Jobandtalent shall allow, for the correct provision of the Services, the access to the personal data of the Applicants by third parties. Such third parties will act as Processors, so they will not process these personal data for their own purposes or for purposes which are different to those stipulated in these General Terms of Use. Jobandtalent guarantees that all these entities comply with the data protection regulations which, at the same time, are directly applicable to Processors. Thus, these third parties will always follow the instructions given by Jobandtalent and under no circumstances will they reveal such information to third parties. It is possible that these Processors shall, in turn, subcontract certain tasks related to the services stated in this contract to third parties, and they will also act as Processors, and, thus, they are will be bound by the same provisions stipulated for Processors in these General Terms. Specifically, the subcontracted entities which will act as Processors are:
Automated decision-making
Jobandtalent uses an algorithm that automatically generates a ranking of the most suitable Candidates for each available job offer based on the information contained in its database, searching for the Candidates who best match the requirements and characteristics of each job offer received. These automated decisions are made based on the personal data collected during the selection process, as well as on the performance data sent by the Candidates’ former employers.
The Candidates who are most suitable for a particular job offer (i.e. those included in the ranking) will be notified by Jobandtalent, allowing them to decide whether they are interested in participating in the specific selection process.
Jobandtalent’s automated processing of Candidates’ data is necessary in order to carry out the tasks outlined in the agreement made with Candidates, and thus provide the services offered by Jobandtalent through its platform.
If, as a Candidate, you do not agree to the automated processing of your personal data, then you cannot accept these General Conditions of Use. In this case, it will be impossible for us to provide you with our services or for you to become a member of the Jobandtalent platform.
The Applicant may exercise their rights of access, rectification, deletion, limitation, portability and opposition, through the platform settings, or by editing their Applicant profile, or contacting the DPO of Jobandtalent at dpo@jobandtalent.com. In case of sending a request to the DPO, it shall include a copy of your DNI or any other equivalent identity document, as well as the minimum content stipulated in the applicable regulations. If the request does not meet all the specified requirements, Jobandtalent may ask for it to be corrected. No consideration for the exercise of any rights will be required. The exercise of rights will be granted unless there is a legal or contractual obligation to retain them. In addition to this, if the Client thinks that Jobandtalent has violated the regulations when processing their personal data, they have the right to submit a claim before the Agencia Española de Protección de Datos (Spanish Data Protection Agency) or the corresponding supervising authority.
The Jobandtalent mobile application uses third-party libraries necessary to allow the User to enjoy all the functionalities of the application and to track their browsing habits.
The application installs the following third-party libraries:
Jobandtalent collects personal references related to the Applicants. The professional references collected by Jobandtalent are provided by our applicant's ex-employers. The contact information of said employers is provided by the Applicant who guarantees that they provide Jobandtalent with the information on their ex-employers with their full knowledge and consent.
The professional references are collected through restricted fields, and there is a score system to assess the professional qualities of the applicants. Ex-employers may also include a voluntary comment about the professional performance of the applicants. Jobandtalent assesses the information collected by the restricted fields of scores, and especially by the voluntary comments fields, in order to ensure that the quality principle of the data is observed and that this information is not excessive or exaggerated for their purpose. In addition to this, this control allows Jobandtalent to check that the information from the applicants which is specially protected is not collected.
These General Terms of Use and all the terms and conditions regarding the platform will be governed by the Spanish law.
For all the issues that may arise or actions that may be performed resulting from the provision of services and contents by Jobandtalent, and regarding the interpretation, application, compliance or non compliance with the provisions herein, Jobandtalent and the Applicant, expressly waiving any other any other jurisdiction which may be applicable to them, are subject to the jurisdiction of the Courts of Law which are deemed relevant according to the distribution rules.