Jobs Posting Service Agreement and Conditions

Legal information

Borlangue Managemnt S.L. (onward, Borlangue), with address at c/ Joan Carles I, 4 Local 11, 08850 Gavà, Spain; provided with CIF B66973587, is the owner of the website indicated in the jobs.barcelona-metropolitan.com domain (hereinafter “Jobs for Expats” or “Website”).

Jobs for Expats considers as a Company (hereinafter, “Company”) those entities that use the services of Jobs for Expats and access Borlangue’s Websites, for the publication of job offers or CV searches in the Jobs for Expats database.

Object

These Legal Conditions regulate the access and use by the Companies to the services of the Website. The purpose of Jobs for Expats is to provide a platform that allows companies and candidates to meet in an online environment, so that they can participate in processes of hiring as well as contact, increase and improve their professional relationships. In this sense, through the page https://41307728.servicio-online.net, Jobs for Expats aims to facilitate candidates’ access to job offers, and Companies access to the CVs of candidates registered in Jobs for Expats.

If you are a job-seeker please read the Rules and Terms of service for Candidates.

General clauses

The use of the Website implies full acceptance by the Companies of the provisions included in the Legal Conditions in the version published by Jobs for Expats at the time they access the Website, as well as its characteristics and rules of use. Therefore, Jobs for Expats recommends periodically reading these Legal Conditions.

The use of certain services offered to Companies through the Website may be subject to their own particular conditions that, depending on the case, replace, complete and/or modify these Legal Conditions. Therefore, prior to using said services, the Candidate must also carefully read and also accept the corresponding own Particular Conditions.

The Company agree that by purchasing, signing up for, or otherwise using our Jobs listing service (“The Service”), the Company is entering into a legal binding agreement. The Service allows Company’s postings to be served on properties of Borlangue and enabled third parties (collectively, “Properties”), e.g., websites and mobile applications. The Service allows your postings to be targeted to readers and members of Jobs for Expats and Barcelona Metropolitan Magazine based on non-personally identifiable criteria (e.g., company, industry, job function, and hashed email).

The Company is responsible for (i) all postings and content therefore submitted by or on its behalf through The Service or otherwise to Borlangue, including but not limited to the job descriptions, images, trademarks, URLs and pixels that comprise the postings or content therefor (collectively, its “Postings”); and (ii) all content and property to which Postings may direct viewers, as well as redirects (“Destinations”).

The Company is responsible for any activity conducted through its account, including any purchases made or charges incurred. If the users identify that are using The Services on behalf of a business, they agree that Borlangue may share information about their purchases and use of The Service with that business, including its representatives and agents. If that business indicates that the users are no longer authorized to place Postings or ads on its behalf, the users agree that they may be removed from accounts associated with that business. Users may not resell or transfer access to The Service to any other party.

Likewise, the Company guarantees Jobs for Expats that all the personal and business information it provides is accurate and updated in such a way that it truthfully reflects the current situation of the Company. The Company must keep the information related to it updated at all times, and the Company is solely responsible for the inaccuracy or falsity of the data provided to Jobs for Expats and for the damages that may be caused by this to Jobs for Expats or to third parties with reason for using the services offered by Jobs for Expats.

The Company acknowledges that it is not technically possible to achieve 100% availability of the Website. It also acknowledges that for maintenance, security or capacity reasons, as well as events that Jobs for Expats cannot influence, brief anomalies or temporary suspension of Jobs for Expats services may occur.

The Job Listing Service

Our services are designed to help you reach quality candidates for job opportunities. The service for job offers published in Jobs for Expats, includes:

• Insertion of job offers in the employment exchange jobs.barcelona-metropolitan.com.
• Reception of the CVs registered in the offers made.
• Management of the selection process.
• Services related to the management of the Candidate selection and other services that Jobs for Expats considers of interest to the Companies: network of professional contacts, news service, promotions and offers from third parties.
• Alert Service. Automatic and free receipt of CVs electronically. Jobs for Expats offers the possibility of knowing through electronic communications (email) in a fast, personal and free way, the CVs of Candidates who have registered in the offers that the Company has published.
• Electronic communications service.

Electronic and commercial communications services by electronic means or by telephone, which includes:

• Jobs for Expats will send users registered on the website the following types of electronic communications: email, SMS, push notifications, or any new means of electronic communication for advertising and commercial prospecting purposes.
• News and promotions related to Jobs for Expats, the personnel selection sector, training, as well as other business activities that Jobs for Expats considers of interest to its clients, especially related to the other websites of Borlange.
• News and promotions from third-party organizations. The sending of these commercial communications will be carried out, in any case, by Jobs for Expats, without the advertising organizations or beneficiaries of the advertising actions having any access to the personal data of the users.

Each Posting must be for one (1) job opportunity; it is not permitted for a Posting to solicit applications for more than one position.

CV database service

In order to comply with the Jobs for Expats job posting service and the Jobs for Expats database consultation service, the Company must take into account that the personal and curricular data of the candidates will only be accessible, according to the level of privacy selected by the Candidate himself.

The Company undertakes to use the personal data of the candidates in accordance with the provisions of the European Regulation 2016/679 on Data Protection and the Spanish Organic Law of 3/2018 of December 5 on Data Protection and guarantees of digital rights, or other regulations that might develop it. Likewise, access to data will be in accordance with the explicit and legitimate purposes in line with the purpose of the service.

Jobs for Expats grants the Company a temporary license to use the Candidates’ database that allows access (viewing and management) of the data, but without the power to export the candidate data or to use it on other platforms outside Jobs for Expats.

Therefore, the Company expressly undertakes to:

• Do not transfer personal data to natural or legal persons other than those that may have been expressly authorized by contract. For this reason, the Company must protect the personal data to which it has access, guaranteeing its confidentiality and without incurring in activities that may be considered illegal, that violate the contractual conditions of Jobs for Expats and/or current regulations (for example, regulations regarding the protection of personal data, protection of privacy and honor)
• Report to Jobs for Expats of any request for deletion, opposition, rectification, limitation and/or access that the Company may receive from the candidates registered in its offer, for the purpose and effect that Jobs for Expats can attend to the request within the deadlines stipulated in the regulations of Data Protection.
• Introduce in its database, the data of the candidates who expressly authorize and consent to their inclusion in the Company’s database.
• Inform Jobs for Expats within 24 hours of any incident related to the management of candidates.
• Keep the secret, both by the Company and its employees, in relation to the information included in Jobs for Expats and in the candidate database.
• Use the information of the candidates to which they have access without incurring in activities that may be considered illicit or illegal, that violate the contractual conditions.

Jobs for Expats declares the following regarding the candidate database:

• That none of the personal data contained in the Jobs for Expats database is considered specially protected data.
• That Jobs for Expats complies with all applicable legal data protection regulations, as well as European Regulation 2016/679 and Spanish Organic Law 3/2018 of December 5 of Spain, and establishes security mechanisms and procedures for the management of this data.
• That the CVs, which make up the Jobs for Expats database and the information contained therein, have been provided by the Candidates themselves when registering with Jobs for Expats in order to register for the job offers of their  interest and/or receive offers appropriate to their professional profile.

Page of companies, universities, influential members and other entities

Jobs for Expats allows companies, universities, nonprofits and other organizations to create Profiles dedicated to a brand, business and mission, as well as recognized experts and influencers. These Profiles are public and the entity that created them will be able to access any communication and information shared through them. Candidates who follow them will appear publicly as its followers. Jobs for Expats reserves the right to use that information about the followers and the people who follow that Profile to provide data about the performance of the Profile (for example, visits and updates).

Service registration process

The service registration process consists of two steps.

In the first step, the Company must complete the contact information (name, surname, email, name and telephone number of the company) and accept the Rules of Use and characteristics of the Jobs for Expats service, and these Legal and Contract Conditions, which include the Privacy Policy that will be applicable to the processing of personal data provided by the Company for the activation of the account.

Next, the user will receive an email to the email address indicated by him, in order to validate the registration process and verify the email address. If the email address is not verified, the user’s registration will not be processed and it will be canceled within 48 hours.

In the second step, the user must complete the Company data (tax identification, type of company and description of the Company that the candidates will see in the offers that the user publishes). This data will be validated by Borlangue’s customer service staff. Once the Company has been processed and validated, the user may contract the services offered by Jobs for Expats. In the case of being self-employed in Spain, you must be registered as self-employed with Social Security, be up-to-date with your social security obligations and up-to-date with your obligations to the Public Treasury. Likewise, Jobs for Expats reserves the right, at any time, to request the documentation that proves said situation.

In order to achieve the purposes of the website and in order to help the Company complete the registration process, Jobs for Expats may contact the Company that has completed the first step of the registration form.

Start of service, Payment terms.

Our service offer is organized in packages that the Company must select. The service will enter into force at the moment in which the Company expresses its agreement and acceptance of the legal contracting conditions, and makes the payments corresponding to the packages that it selects. By making the payment, the Company declares that it has fully read these conditions and accepts them.

In return for the service, the Company will pay Jobs for Expats the amount indicated in the package, always respecting the duration and payment conditions indicated therein. Therefore, the Company undertakes to promptly satisfy all payments due.

Jobs for Expats reserves the right to discontinue and/or modify the characteristics of the contracted services, transferring them to equal or superior services and informing the Company with a minimum notice of thirty (30) days. However, the Company will have the possibility to terminate the contract without any penalty within a period of thirty (30) days from the notification of the modification by Jobs for Expats.

Company Obligations

The Company undertakes to make diligent use of the Website and the services accessible from it, in full compliance with the Law, good customs and these Legal Conditions, as well as maintaining due respect for other Companies and candidates. .

The Company and its personnel with access to Jobs for Expats must maintain due secrecy regarding all information included in Jobs for Expats, especially information on candidates.

The Company must select an identifier (ID or login) and password, information that it agrees to keep and use with due diligence.

The use of the password is personal and non-transferable, and its assignment to third parties, even temporary, is not permitted. In this sense, the Company must adopt the necessary measures for the custody of the selected password, avoiding its use by third parties. Consequently, the Company is solely responsible for the use made of its password, with complete indemnity for Jobs for Expats. In the event that the Company knows or suspects the use of its password by third parties, it must notify Jobs for Expats of this circumstance as soon as possible. The aforementioned registration will be made in the manner expressly indicated in the service itself.

All information provided by the Company through the services must be truthful. For these purposes, the Company guarantees the authenticity and veracity of all the data that it communicates as a result of completing the necessary forms for the subscription of the Services.

In the same way, it will be the responsibility of the Company to keep all the information provided to Jobs for Expats permanently updated so that it responds, at all times, to the real situation of the Company. In any case, the Company will be solely responsible for any false or inaccurate statements made and the damages caused to Jobs for Expats or third parties due to the information provided.

The Company undertakes to respect the applicable laws and the rights of third parties when using the contents and services of the Website. Likewise, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of the Website (texts, designs, graphics, information, databases, sound and/or image files, logos, etc.) and other elements of this Website, except with the prior authorization of their legitimate owners or when this is permitted by law.

The Company is solely responsible for the relationships it establishes with the other members of Jobs for Expats. Jobs for Expats reserves the right to limit the number of contacts that the Company establishes with other members and, in certain circumstances, prohibit communications with other candidates or Companies through the Services offered by Jobs for Expats or otherwise limit your use of such Services.

Jobs for Expats reserves the right to monitor exchanges and disputes that may occur between candidates and/or Companies. In consequence, and at its sole discretion, Jobs for Expats also reserves the right to, to restrict, suspend or close the Company’s account if it deems it necessary for the correct compliance with these Legal Conditions.

In an illustrative and non-limiting manner, it is prohibited: to use insulting or slanderous content, regardless of whether such content affects other candidates or Companies or, to use pornographic content or that violates the laws for the protection of minors, or to advertise, offer or distribute pornographic products or that violate the laws of protection of minors, annoy other candidates or companies (especially through spam), use legally protected content (for example, by legislation relating to intellectual property, trademarks, patents, models utility or aesthetic models) without having the right to do so, or advertise, offer or distribute legally protected goods or services, as well as carry out or encourage actions contrary to free competition, including those aimed at attracting customers (such as systems in chain, snowball or pyramid).

Without limiting the prohibitions in the User Agreement or any other applicable agreement, Users agree that they will not, and they will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of The Service, to:

• Create Postings that intentionally misrepresent the job, hiring company, or poster.
• Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
• Fail to clearly disclose in any Posting that a position is for a nontraditional working conditions or compensation that may constitute intentional misrepresentation.
• Create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.
• Provide identifiable candidate resume or application data to any other parties.
• “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.
• Harass, stalk, or contact any applicant after they have asked not to be contacted.
• Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.
• Soliciting employees by intentional misrepresentation.
• Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your country, or country where the job is to be performed.
• Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
• Engage in illegal or fraudulent conduct.
• Except as expressly authorized by Borlangue in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the Properties.
• Except as expressly authorized by Borlangue in writing, copy, modify or create derivative works of The Service or any related technology.
• Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of The Service or any device or system or breach or circumvent any security measure of Borlangue or a third party.

Borlangue may, in its sole discretion, modify, or terminate any part or all of The Service or suspend your ability to use The Service. Borlangue may reject or remove any Posting at any time for any reason, regardless of whether or not such Posting was previously accepted or served.

Activities or actions expressly prohibited

The following actions are expressly prohibited to the Company:

• Use mechanisms, software or scripts in relation to the use of the Website as well as try to decipher the keys, encryption systems or algorithms or any other security element.
• Use web scraping tools, automatic data extraction robots, data extraction add-ons or plug-ins and the like that put Jobs for Expats’ security and personal data protection at risk.
• Block, overwrite, modify or copy data, unless this is necessary for the correct use of the website services. For example, copying through search engine technologies such as “Robot/Crawler” is not necessary for the correct use of the Website’s services, therefore it is expressly prohibited.
• Disseminate, reproduce or publicly communicate content from the Jobs for Expats Website, Companies, candidates or third parties, without the prior authorization of the rights holder.
• Any action likely to impair the functionality of the Jobs for Expats infrastructure, especially to overload it.
• Use any of the materials and information contained on this Website for illegal purposes and expressly prohibited in these Legal Conditions, as well as the particular conditions that, where appropriate, are enabled that are contrary to the rights and interests of Jobs for Expats, its members and/or third parties, and must respond to them in the event of contravening or failing to comply with said obligations and/or that, in any way (including the introduction or dissemination of “computer viruses”), damages, disables, overloads, deteriorates or prevents the normal use of the materials and information contained in the Website, the information systems or the documents, files and all kinds of content stored in any computer equipment (hacking) of Jobs for Expats, its members or any registered user, individual or organization.
• Using or attempting to use another person’s account or creating a false identity on Jobs for Expats.
• Disclose or provide information protected by law due to contractual or fiduciary relationships (such as having inside information or proprietary information of another person and confidential under an employment relationship or a confidentiality agreement).
• Share or provide to third parties not linked to jobs.barcelona-metropolitan.com information related to access ports, access password and user identifier or any other information related to access permissions to jobs.barcelona-metropolitan.com. Likewise, allow access to your Private Menu of Companies to natural or legal persons not validated by Jobs for Expats. In this sense, as a Company, you agree to keep your access codes to the Jobs for Expats service secret and not share them with third parties.
• Use information, content or other data viewed or obtained through Jobs for Expats to provide services that, in Jobs for Expats’ sole discretion, compete with Jobs for Expats.
• Request candidates to register on third-party platforms without the express approval of Jobs for Expats, as well as condition the continuity of the selection processes, initiated through Jobs for Expats, to the registration of the Candidate on a platform unrelated to Jobs for Expats.
• Download CV of the candidates.
• Transfer information of candidates and their CV outside the jobs.barcelona-metropolitan.com platform and that has not been previously allowed by jobs.barcelona-metropolitan.com. The Company’s permits as a user of the jobs.barcelona-metropolitan.com platform will be conditioned to the duration of the service and the type of service contracted. The Company will not be able to manage the CV of the candidates outside the management area of ​​the jobs.barcelona-metropolitan.com platform.
• Use the information of the candidates and resources of jobs.barcelona-metropolitan.com for activities that are not directly related to the contracted service.

The Company that intentionally or culpably fails to comply with any of the foregoing obligations will be liable for all damages caused by the breach of the obligations and will be barred from the Jobs for Expats service. Where appropriate, Jobs for Expats may propose precedent measures in the event of acts of breach of these prohibitions so that they cease and are corrected immediately.

Causes of resolution.

Either party may terminate the contract in the event that the other party ceases the activities of the corporate purpose, or due to a serious breach by the other party of any of the obligations provided.

Jobs for Expats may terminate the contract in the event that the Company breaches any of its obligations contained in these conditions, rules of use and conditions of service, and does not remedy such breach within ten (10) calendar days from from the notification by Jobs for Expats. During said term, Jobs for Expats may suspend the service.

In the event of termination of this contract by Jobs for Expats as a result of the Company’s breach, the Company must pay the appropriate amounts for the services provided by Jobs for Expats up to that moment.

Payments, Fees and Cancellations

A Company may be offered more than one billing option when you purchase The Service. The Company agrees to pay on the basis and at the rate selected when a Posting, order, or other purchase of The Service was submitted through its account (“Rate”). It also agrees to pay all applicable taxes, government charges and foreign exchange fees. Borlangue will periodically charge the Comapny payment method at the applicable Rate.

The price of the product will be the one that corresponds according to Borlangue’s current rates at the time of signing the contract, or the one previously agreed between the parties and reflected in it. The Company will pay the amount reflected in the contract in advance or according to the payment method indicated therein, if the latter exists.

Failure to pay or breach the agreed deadlines will entitle Borlangue to terminate the contract and interrupt the work carried out for the Company, without prejudice to being able to take the appropriate legal actions to claim the amounts owed. These amounts will accrue the equivalent of the legal market interest from the date of non-payment plus the expenses and costs incurred by Borlangue for the claim of said non-payment.

Borlangue is not responsible for click fraud, technological issues or other potentially invalid activity by third parties that may affect the cost of running Postings. Company’s exclusive remedy for suspected invalid activity is to make a claim for a The Service credit within 60 days of the date of that activity, and Borlangue’s exclusive liability is in Borlangue’s sole discretion, to issue Services credit for suspected invalid activity. Any Service credits that the Company may accrue are non-refundable and non-transferable and must be used prior to termination of these Jobs Terms and Conditions or your account.

Refunds

Full refunds are available provided that the Company have not consumed (published) any of the Posting or Invitations to Candidates comprised inside the Package purchased.

If a user is not using The Service on behalf of a business the user is entitled to a full refund during the first fourteen days of the period purchased, exclusive of any service fees by relevant financial institutions. For companies, our services are refundable within the seven days from the beginning of the Period purchased. Periods begins when the purchase order is approved.

Refunds are not possible for Packages with extinguished Periods notwithstanding how many Postings or Invitations may have remained unused within the package purchased.

Intellectual and Industrial Property

Companies represent and warrant that they own or have all necessary rights (including intellectual property rights) to its Postings.

Companies may not disclose any information about Borlangue’s pricing, metrics, member demographics or beta features. Borlangue’s reserves all of its intellectual property rights in The Service as further described in the User Agreement.

Companies may use information resulting from The Service (“Jobs Data”) only on an aggregate and anonymous basis to assess the performance and effectiveness of its candidate search using The Service and to optimize its candidate search. Companies agree to use reasonable measures to protect the confidentiality of Jobs Data and to use appropriate security safeguards to protect Jobs Data in accordance with industry standards. Companies may share Jobs Data only with someone acting on its behalf, provided that it is responsible for ensuring their respective compliance with the Agreement and for limiting their respective use of the Jobs Data on its behalf.

Without limiting the foregoing, Companies shall not (i) sell the Jobs Data; (ii) combine the Jobs Data with any data obtained by or on behalf of another employer; or (iii) except for use solely on its own behalf in a manner that does not identify the Jobs Data as associated with Borlangue, transfer any Jobs Data (including anonymous, aggregate, or derived data) to any job search service, job postings board, data broker or other monetization related service.

It should be noted that the ideas and information that are published or shared by a Company with the rest of the Companies and candidates can be seen and used by others, and Jobs for Expats cannot guarantee that these others will not use said ideas and information. Therefore, if the Company has an idea or information that it wants to keep confidential or not want used by others, or if it is subject to third-party rights that could be infringed if shared, it should not be posted to any group, or in web updates or anywhere else on the Jobs for Expats site.

Thus, when the Company sends ideas, suggestions, documents or any other proposal or contribution to Jobs for Expats through the means that we make available to it, it acknowledges and accepts that:

• Such content cannot be considered confidential information nor is it the property of third parties;
• That Jobs for Expats has no obligation of confidentiality, express or implied, in relation to said content;
• Jobs for Expats reserves the right to use or reveal (or not, depending on its needs) all the content provided for any lawful purpose that the portal considers, in any way and in any medium;
• Jobs for Expats may have considered or is in the process of making content similar to the Contributions;
• Expressly and irrevocably assign to Jobs for Expats all of rights to the contributions;
• It expressly waives to claim any compensation or reimbursement of any kind to Jobs for Expats for this concept.

Borlangue may change the terms of these Jobs Terms and Conditions by notice to the Companies, and both parties agree that changes cannot be retroactive. If Companies do not agree to these changes, they must stop using The Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Spain without regard to its conflict of law provisions. For any litigation that may arise regarding the interpretation, fulfillment and effects of this contract, the signatory parties submit to the jurisdiction of the courts and tribunals of the city of Barcelona, Spain, expressly waiving any other jurisdiction or law.

Last updated: January 16, 2023