Condicions de protecció de dades de caràcter personal
- Responsable: Col·legi Oficial de Psicologia de Catalunya (COPC), C/Rocafort, 129 08015, Barcelona, Q5855028F. Dades DPO: dpo@copc.cat.
- Finalitats: Donar-lo d’alta com a empresa a la borsa de treball del COPC i publicar les seves ofertes de treball així com fer el seguiment dels processos que s’hi publiquen per tal de conèixer-ne el desenllaç.
- Legitimació: Consentiment de la persona interessada a donar-se d’alta a la Borsa de Treball com a empresa.
- Destinataris: Les seves dades no se cediran a tercers, llevat les cessions legalment previstes.
- Conservació: Fins que la persona interessada sol·liciti la baixa.
- Drets: Pot retirar el seu consentiment en qualsevol moment així com exercir el seu dret d’accés, rectificació, supressió, oposició, limitació i portabilitat de les dades a dpo@copc.cat. En cas de divergències, pot presentar una reclamació davant l’Autoritat Catalana de Protecció de Dades (www.apdcat.cat).
TALENT CLUE GENERAL TERMS AND CONDITIONS
This documents sets out the Terms and Conditions of www.talentclue.com as a SaaS service, on which Talent Clue Solutions, S.L. (hereinafter “Talent Clue”) at Travessera de Gràcia, 73-79, piso 2º1º, 08006 Barcelona and with T.I.N. B-65.111.486, provides access to Clients (hereinafter “the Client”). Using this software implies that the Client acknowledges and agrees to be bound by these Terms and Conditions. If you do not accept these terms, you will not be able to use this software. Workable reserves the right to modify these Terms at any time. Any changes Workable may make to this document in the future will be notified and made available to the Customer using the Website. Talent Clue reserves the right to suspend, discontinue or cease operating the website at any time.
CONDITIONS
This agreement regulates the conditions for transfer of license and the provision of service offered by Talent Clue regarding the software as a Service (SaaS) www.talentclue.com. This document is the contractual agreement between the Client and Talent Clue.
By using www.talentclue.com and/or the services, the Client agrees to comply with these General Terms and Conditions.
1. PROVISION OF SERVICE AND TRANSFER OF LICENSE
Subject to the terms and stipulations in this document, Talent Clue grants the Client, and the Client accepts, a non-exclusive, revocable, non-transferable right for a license to use the www.talentclue.com tool. This software will allow the Client a more efficient and secure management of his/her selection process, as well as indefinite storage of all the information related to the selection processes (resumes, personal notes, interview notes, staff involved in the process, statistics of the publications, KPIs, etc.).
Talent Clue reserves the right to alter unilaterally, at any time and without notice, the design, presentation and configuration, as well as some or all the features and/or to add new ones.
2. SERVICES PROVIDED BY Talent Clue
Services provided by Talent Clue are as follows:
- Access to the online service and online Talent Clue tool
- Training in the use of the software, conducted online within 14 days depending on the client’s availability. Training is free for those Clients contracting Plan 10 or bigger. For these Clients, if they prefer the training on-site, transportation expenses shall be borne by them, if the Clients are located outside Barcelona.
For Clients contracting Plan 5 or lesser, the training will be an online group training with other new customers with the same Plan. The training is also for free. But if these Clients prefer an individual training (just fo them), the cost of it is 150€ plus transportation expenses if they are located outside Barcelona.
- Configuration (Set-up) of the tool based on the Client’s needs. It includes: number of users, generation of the working positions, Employer Branding, posting the positions in other portals from Talent Clue and migration of the database. Migration of the database is not free. It will be quantified according to the efforts dedicated by the technical team of Talent Clue.
- Technical Support of the tool, which will be available Monday through Friday from 9am to 6pm, excluding holidays.
The Client will be responsible for the services they wish to hire from those stated in these General Conditions.
3. FEES
The fees for the service contracted by the Client are the ones stated in the attached Order Form (for offline contracts) or during the electronic contracting process at www.talentclue.com (for online contracts).
If the Client needs to increase the number of open positions, they will be able to upgrade their plan and request it through www.talentclue.com. One month after the request, they will receive an additional invoice for the difference in price between both plans.
If the Client wishes to reduce the number of open positions, they may request it through www.talentclue.com. The Client will receive notice of the available balance for future purchase of job positions.
Payment of the selected plan does not constitute the purchase of computer programs or applications, nor the titles or copyright thereof.
4. SERVICE PAYMENT
The method of payment will be the one stated in the offline agreement or during the electronic contracting process at www.talentclue.com for online contracts.
The Client will pay for the service in advance. The due date will be the same as the date of issue of the invoice.
In case of late payment, Talent Clue will notify the Client. If payment is not made to Talent Clue within 30 days of the first notice of non-payment, Talent Clue will suspend the service and the Client will lose their privileges as such, without prejudice of Talent Clue submitting possible claims against the user company for the amounts due.
The Client is responsible for providing Talent Clue accurate and complete contact and billing information.
Fees are not refundable.
5. LICENSE PERIOD
This General Terms and Conditions will remain in force in accordance with the period contracted by the Client in the offline agreement or the fees selected online at the time of registration.
License will be implicitly renewed when the service period expires, except upon the Client’s refusal. The Client will be notified of the renewal by email in order to keep them informed.
If the client decides not to renew, they can do so by giving one month notice through the mechanism provided by Talent Clue or by emailing info@talentclue.com. The Client will recover the applicants’ database and all the applicants’ resume files from the tool without involving the technical team. If the database has a significant size, the technical team may need to intervene. In this case, the Client may request it and the information will be sent in a format convenient for the Client.
6. SOFTWARE / SERVICE USE
The software and complementary documentation available at www.talentclue.com are property of Talent Clue. Use of the software is governed by the following license conditions. Copying or reproducing the software in any other server or location for further reproduction or redistribution is expressly prohibited.
In order to access the system, the user registers by filling the following data:
- User’s name and last name
- Business name
- Email
- Business phone
The data collected in that form is adequate, relevant and not excessive compared to the purposes and services provided by Talent Clue.
The system will send you a link to your email to aces the software in order to validate the registration process and verify the email. If you do not verify the email address, the user’s registration will not be processed and will be cancelled within 24 hours.
It is the responsibility of the business users of Talent Clue to use their access codes and profiles appropriately. Talent Clue shall not be liable for any damage caused by the following actions:
- Using common user identifiers and passwords between various Talent Clue users.
- Sharing or transferring the individual user identifier or password.
The Client agrees to notify Talent Clue immediately and by suitable means of any non-authorized use of their account, as well as access by non-authorized third parties. Selling, assigning or transferring the use of the software is prohibited.
The Client is solely responsible for all the information, texts, messages or materials stored or transmitted through Talent Clue. The Client is also responsible for maintaining the confidentiality of their access and of any activity developed with them. The Client agrees that each user will have their own access codes. Using the same codes for different users is prohibited. Talent Clue reserves the right to access the Client’s account only for solving technical incidents.
Providing presumably illicit contents according to national, community or international regulations; or engaging in presumably illicit activities or activities that violate the principles of good faith; or not meeting the quality parameters; or infringing the fundamental rights of people; or not meeting the courtesy network standards, or disturbing or potentially generating negative opinions on the applicants, third parties, and in general any contents that Talent Clue considers inappropriate, is prohibited. And in general, those that violate the principles of human dignity, protection of minors, protection of public order, protection of private live, protection of consumers and the intellectual and industrial property rights.
Unless otherwise specified in the agreement between the parties, the Client shall not copy, modify, create similar jobs, distribute, sell, assign, plagiarize, sublease, lend, lease, share or directly or indirectly transfer the software, either partially or totally.
7. DESCRIPTION OF THE FEATURES PROVIDED BY THE SOFTWARE / SERVICE
7.1. Posting Jobs
The Client may post jobs according to the package chosen. Jobs do not expire. The job information must be as clear and brief as possible for the benefit of the applicants and the Client’s own image, avoiding misleading the applicants. The job openings announced must provide work contracts pursuant to the legislation in force. These must comply with the legal requisites established at the contract territory.
7.1.1 Posting Jobs without showing company name ("Blind jobs")
If the Client prefers to keep anonymous in front of the candidate when posting the jobs, Talent Clue provides a “blind job” mechanism.
It works as follows:
The Client posts a job hiding the company name
When the candidate applies for a “blind job”, he/she will be sent an email where Talent Clue Solutions, S.L. stands as Data Controller to grant compliance with the right of information stated in the Data Protection Law. Talent Clue Solutions, S.L. will inform the candidate that his/her personal data will be transferred to the Client (anonymous).
The Client will be allowed to use the candidate’s data in the same way as in any other selection process.
7.2. Applicant Management and Follow-Up
The Client may:
- Screen the applicants
- Save applicant interview notes, as well as additional documents related to the applicant (cover letter, reference letters, portfolios, etc.)
- View, print or email applicant resumes
- Send applicants from job offer to the next
- Ask test-type or essay questions to the applicants for each selection process (Killer Questions)
- Invite associates (the Client’s or HR consultants) to work on the job offers
- Manage permissions for the different associates’ job offers
- Feed your own applicant database by uploading resumes one by one or through a bulk upload of files
- Analytic report of your processes
- Automatic publication in other job portals from Talent Clue
- Gather applications published in other portals
7.3. Evaluation Tests
In addition to the services described in this document, the Client may do evaluation tests to the applicants for each selection process.
As consideration for those services related to selection tests, the Client agrees to pay the corresponding amounts according to the prices published on the web.
Services related to evaluation tests will be charged by bank transfer / direct deposit monthly on arrears, as agreed with the Client.
7.4. Other Services
Talent Clue may provide additional services by entering into a license agreement with the Client for the use of software. In these cases, the business relationship between Talent Clue and the Client will be governed by the provisions established herein and the specific agreement between the parties.
8. TOOL SECURITY
Talent Clue tool, as well as all data and files, are hosted in Google Cloud Platform servers within the European Union, pursuant with their legislation and at the following address:
Google Inc.
Crystal Computing
7331 Saint-Ghislain, Belgium
a) Secure Channel
Talent Clue protects the information with various levels of access control to ensure that no user or organization may access data from one another. Talent Clue uses Google Cloud as hosting providers. Google Cloud Platform servers comply with the European standards regarding data privacy and the Personal Data Protection Law.
The communication between the browser and Talent Clue is secured with Transport Layer Security (TLS). All connections are protected through authentication and authorization. All user operations are registered along with their IP addresses and other details of the session.
b) Replication and Backup Files
Talent Clue duplicates all data and codes daily. The databased is replicated twice daily, and all files are replicated once a day. All backup files are stored in 2 different servers.
Snapshots, as well as all files, are stored in Google Cloud Platform Object Storage with 3 guaranteed levels of redundancy and backed up once a day.
c) Continuous Monitoring
In order to ensure the accurate execution of all the necessary processes for the optimum operation of the platform (services, memory, space, availability, response time, etc.), Talent Clue has two monitoring systems available which include SMS alerts and notifications to ensure a 24/7 incident response system.
Talent Clue is committed to allow the Client to carry out independent audits of both the tool and the security measures implemented in the infrastructure. The cost of such audit shall be borne by the requesting party.
9. TECHNICAL SUPPORT
Talent Clue will provide technical support to the tool users via chat through the tool and/or by phone within 24 hours for the first response and 48 hours for the subsequent communications until the issue is solved.
Talent Clue is committed to the following response times for technical issues affecting the functionality of the Platform:
- Critical issues hindering the key functionality: 24 hours
- Minor issues or those for which there is an alternative: 2 weeks
In case of failure to comply within the time limits set in this section, Talent Clue is committed to pay the Client a compensation calculated on the amount of the annual Plan contracted assessed on a daily basis over the number of business days of service interruption.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY
Talent Clue, the software, www.talentclue.com website, their contents and logos are protected by the Spanish intellectual and industrial property laws and by any applicable law in the country where they are used. The existing intellectual and industrial rights of Talent Clue, www.talentclue.com website and/or the contents and designs included therein; as well as the brands, trade names and industrial designs therein, are the exclusive property of their owner, and the rights of use and exploitation thereof are reserved and protected by law.
Reproduction, distribution, public communication, transformation and/or availability to the public of all or part of Talent Clue, www.talentclue.com website and or the contents, designs, bands, trade names and industrial designs therein is prohibited without previous express authorization of their rightful owner.
By using Talent Clue, www.talentclue.com website, the Client acquires no rights thereto, and may only use them as agreed in this Use Conditions and/or, where appropriate, the agreement entered into by the parties.
Non-authorized use and/or infringement of the existing intellectual and industrial property rights of Talent Clue, www.talentclue.com website and/or its contents, designs, brands, trade names and industrial designs will result in their associated legal liabilities.
If the Client detects any activity susceptible of infringing any intellectual, industrial, or any type of right, please send us an email at info@talentclue.com
11. LINKS TO THIRD-PARTY PAGES AND COOKIES
The links contained in the software will allow you to leave the site. The linked webs are not controlled by Talent Clue, thus they assume no liability for the contents of any linked site or any change or update thereof. Talent Clue is also not responsible for the contractual agreements of the business user with such sites, nor the service provided by them. Talent Clue provides these links solely for the user business’ convenience.
On some occasions, the use of Talent Clue will involve using cookies, that is, small data files generated in the device of the business user and that allow to obtain information, such as date and time of the last time the business user visited the website, and Talent Clue has no control over or responsibility for this information.
The inclusion of contents or services in third party websites that adversely affect Talent Clue’s image or its services is prohibited, and Talent Clue reserves the right to prohibit, limit or demand the cancellation of those links when they deem it advisable.
12. DISCLAIMERS
Services are provided “as is”. To the extent permitted by law, except as expressly set up in this agreement, neither Talent Clue nor the Client make no warranty of any kind, explicit or implicit, regulatory or of any other type, including warranties of merchantability, fitness for a particular purpose and non-infringement. Talent Clue offers no warranty of any kind regarding any client’s service account contents or information. Talent Clue is not responsible for the accuracy, completeness, suitability or legality of the files, user publications or any other information from a client account. Talent Clue shall have no liability for any deletions or failures caused by the Client when storing information.
13. LIMITATION OF LIABILITY
Except for Talent Clue or the Client’s compensation obligations, neither party shall be liable for lost profits or indirect, special, incidental or consequential damages, exemplary or punitive, including if the party was aware or compelled to have knowledge of those potential damages, and even if the direct damages do not satisfy a compensation.
14. COMPENSATION
14.1 By Talent Clue. Talent Clue shall compensate, defend and protect the Client for any responsibility, damage and costs arising from a third-party claim, to the extent that it is based on an allegation that the technology used by Talent Clue to provide services to their Client infringes or wrongfully uses any copyright, trade secret, patent in Spain or trade mark of such third party.
14.2 By the Client. The Client shall compensate, defend and protect Talent Clue for any responsibility, damage and costs arising from a third-party claim regarding: (i) the client’s data; (ii) a use of the services by the Client that infringes this agreement or its conditions of use; o (iii) the use of the services by the final users of the Client.
15. USE OF CORPORATE LOGOS BY Talent Clue
Unless otherwise specified in the agreement signed offline, the Client authorizes Talent Clue to publish their logo or corporate brand in Talent Clue’s webpage, their publications or presentations to the public (sales, conferences, press releases, etc.) with the purpose of communicating the business relationship between Talent Clue and the Client.
Talent Clue agrees to use the logo or corporate brand authorized by the Client, respecting their color and design reproduction and their appearance.
Talent Clue may not use the logo or corporate brand of the Client in a misleading or wrongly manner, or that adversely reflects the name, prestige, reputation and image of the Client.
On occasions, the logos provided by the Client to Talent Clue for posting job offers are not visible enough. In these cases, Talent Clue will request from the Client another logo, or under express authorization, Talent Clue will propose an improved version to be used solely for job offer postings.
16. ACCESS TO Talent Clue
The Client is solely responsible for all the information, texts, messages or materials stored or transmitted through Talent Clue. The Client is also responsible for maintaining the confidentiality of their access codes and of any activity carried out with them. The Client agrees that each user will have their own access codes. Using the same codes for different users is prohibited. Talent Clue reserves the right to access the Client’s accounts solely for resolving technical issues.
The Client is aware of and agrees that processing and transmitting the service and its contents may be done through different external networks under their own security procedures due to the communication of job offers, openings and the applicant’s information in social networks and job portals.
17. PERSONAL DATA PROTECTION AND CONFIDENTIALITY
17.1. Talent Clue may receive personal data of the Client from all the files under their responsibility and owned by the Client (hereinafter, the “data”) and subject to the legal regime provided by the General Data Protection Regulation 2016/679 of the 27th April passed by the European Parliament and the Council, (hereinafter, GDPR) and the regulations stipulated therein.
17.2. For such purposes and in compliance with the provisions of Article 12 of the LOPD, Talent Clue expressly states and undertakes to:
Use and treat data with the sole and exclusive purpose of providing the service contracted, as the party in charge of their processing, and always following the Client’s instructions. Talent Clue will expressly refrain from using the data for a different purpose than that agreed upon, and especially from altering or using them for their own business interest, or disclosing them or allowing access to the same by a third party, not even for safekeeping.
Observe strict confidentiality and privacy of the data provided by the Client regarding their processing, undertaking not to disclose any data to any third party or any other information regarding the Client.
The confidentiality obligations regarding personal data set up in this contract shall be of unlimited duration and in force after the termination, for whatever reason, of the relationship between the Client and Talent Clue.
Talent Clue shall not disclose the data to third parties, except with the previous, express authorization in writing by the Client.
Return to the Client, upon termination of the provision of services stipulated in this contract, all documents reflecting all or some of the data.
Restrict access and use of data to those employees who absolutely need to have access and knowledge of them in order to carry out the purpose of this contract, undertaking to impose on them the confidentiality and prohibition of use obligations regarding the data, in the same terms as provided in sections (1) and (2) above, and committing to respond to any breach of the obligations mentioned by any of their employees above mentioned.
If Talent Clue had to subcontract contract services to third parties, which could involve accessing personal data for which the Client is responsible, Talent Clue shall inform the Client to obtain his consent in order to subcontract such services. Lack of response from the Client within 15 days before potentially subcontracting those services shall be considered as an authorization from the Client.
Talent Clue will inform their personnel, associates and subcontractors of the obligations set up in this confidentiality obligation, issuing as many warnings and documents necessary to their personnel and associates in order to ensure compliance of such obligations.
Adopt the corresponding data protection security measures (hereinafter, the “Security Measures”) pursuant to Royal Decree 1720/200 of December 21 LOPD Development Regulation), as well as update the Secure Measurements according to the legal requirements during the contract period.
18. EARLY CONTRACT CANCELLATION
Both Talent Clue and the Client may cancel the Agreement or suspend its terms if:
- One party fails to formally comply with this agreement and does not settle the breach within 30 days from the moment of being informed in written.
- One party ceases trading.
19. NULLITY AND UNENFORCEABILITY OF THE CLAUSES
If any clause included in these General Terms and Conditions or in the agreements signed between the parties is declared nulled or unenforceable, this nullity or unenforceability shall only affect the provision in question or the part of it that is null or unenforceable, while the remaining clauses will be upheld, and such provision or the part of it affected will be considered as non-existing.
20. APPLICABLE LAW AND JURISDICTION
For the resolution of any issue or controversy that may arise in the interpretation and/or compliance with this Contract, the parties expressly submit to the competency of the Courts and Tribunals of the city of Barcelona (Spain), expressly renouncing their own jurisdiction area, if different.
