CIRCULAR TALENT, S.L. (hereinafter, "CIRCULAR"), with CIF number B88203641 with registered office in C/ Alcalá 155, 3ºI 28009 - Madrid is the owner of the website https://trycircular.com/ (hereinafter, "Website").
The present terms and conditions (hereinafter, "T&C") regulate the access, navigation and use of the Website as well as the service through which CIRCULAR makes a digital platform (hereinafter, the "Platform"), available to users and companies. This platform, intended for any natural or legal person, can be used to exchange candidates, creating a private community that allows companies from all sectors to improve the management of their selection processes, thus facilitating the participation of candidates from the Platform in different selection processes and their subsequent hiring (hereinafter, the "Service").
Anyone who makes use, in any way possible, of the Website and/or the Platform may be considered a user (hereinafter, "User"). In this sense, a User can be: (i) an entity that accesses the Platform to search for candidates or to use any of the modalities of the Service offered by CIRCULAR through the Platform (hereinafter "Recruiter"); (ii) an individual looking for a job through any of the forms established in the Platform (hereinafter "Candidate") and (iii) any person who accesses, uses or navigates the Website.
All the Users of the Website and/or of the Platform have open and free access to these T&C at the following link https://trycircular.com/terms-and-conditions/
Likewise, to the extent applicable, the access, navigation and use of the Website also implies the express and unreserved acceptance of the T&C, having the same equal validity and effectiveness as any contract signed and entered into in writing. Its observance and compliance shall be enforceable against any User who accesses, uses or browses the Website. Should you not agree with the T&C, do not access, browse or use the Website.
If the User wants to contact CIRCULAR for any question or incidence with respect to the Website, the registration in the Platform and/or its service, CIRCULAR can be contacted free of charge through the following email email@example.com
Platform Registration Process
Signing up for the Platform through the Website is forbidden both for individuals who do not have full legal capacity, and for children under 18 who do not have the proper authorization of their parents and/or legal guardians, except in the case of emancipation. Registration on the Website will be completely free of charge, except for the cost of connection through the telecommunications network provided by the access provider contracted by the user.
If a registration process in the Platform is initiated, said registration process will differ depending on whether the User is a Recruiter or a Candidate:
- By registering, the Recruiter - which accesses through a natural person - declares and guarantees that he is authorized to accept these T&C on behalf of the company he/she represents. Therefore, the aforementioned company accepts to be liable for the use of the Platform and the Service in compliance with these T&C, as well as to compensate CIRCULAR for the violation of any aspect of them.
- With the mere use of this Platform, the Recruiter guarantees that the company he/she represents complies with all the obligations that regulations on data protection lay down when giving access to personal data to third parties. This will be the case both in the event that the Recruiter's company issues a recommendation on a candidate, and in the event that CIRCULAR accesses the database of candidates ruled out by that company through integration with the Applicant Tracking System (hereinafter "ATS").
The password chosen during the registration process and used to access the provided Services and the relevant profile on the Platform, is personal and non-transferable. It is prohibited to transfer it to third parties, even on a temporary basis. In this sense, the User undertakes to use it diligently and to keep it secret. In the event that the User knows or suspects the loss, theft or use of his/her password by third parties, he/she must bring such circumstance to the attention of CIRCULAR as soon as possible.
Each User will bear the costs, expenses and damages caused by any third party that gets to use the services, as consequence of an undue or negligent use of the password or as consequence of its loss by the User.
If the User makes a mistake while introducing data into the Platform for the contracting of the Service, it can either be identified and corrected by the User before completing the registration, or after having done so, by sending an email to firstname.lastname@example.org Please note that it is important that the User check the information he/she enters and corrects any errors before completing his/her registration.
Completion of Registration on the Platform
From the very moment that the User (Candidate or Recruiter) completes the registration procedure in the Platform, the contract between CIRCULAR and the Candidate or Recruiter, will be valid. The monitoring of the registration process and the inclusion of all the requested data implies, together with the checking of the corresponding box related to the acceptance of these T&C, a direct manifestation of having read said T&C and of the willingness of the User to accept them.
CIRCULAR will keep evidence of the acceptance of the present T&C by the Candidate or Recruiter.
The language in which the registration and contracting procedure will be carried out and in which this contract is formalised, will be, unless otherwise indicated, Spanish.
Cancellation procedure of the Platform
For the cancelation procedure the user will send an email to email@example.com. Circular will cancel user's account in less than 24h.
Accuracy of the User's information and statements
As soon as the Platform registration process is completed, the User guarantees that the data and information provided is true and free of errors. Under no circumstances will CIRCULAR be responsible for the truthfulness and accuracy of the data and information provided by the User. The User will thus be liable for the possible consequences, errors and failures that might result from the lack of veracity of this information in the provision of the Service.
If the User is a Candidate, he/she acknowledges and accepts that any information transmitted through the Platform is subject to these T&C. The User is aware that both CIRCULAR and the Recruiters registered in the Platform rely on the accuracy and completeness of all information provided in the Platform, and therefore ensures that all the information included in its profile on the Platform is true, accurate and complete.
In this sense, the Candidate acknowledges that, by signing up and creating a profile on the Platform, he/she is requesting and authorizing CIRCULAR to make his/her profile available to the different Recruiters according to the selected geographical area.
Price of the Service provided through the Platform
The Service provided through the Platform is completely free for the User, so he/she will not have to pay any amount of money to benefit from the Platforms services.
Duration and Termination
These T&C will remain in force until the moment in which the User withdraws from the Platform or the Service terminates for any of the reasons stipulated in these T&C. Moreover, in the event that the User only accesses, uses or browses the Website without completing the registration process in the Platform, these T&C will apply while accessing, using or browsing the Website, to the extent that the same are applicable to him/her.
In the event that the registration process in the Platform is completed, the User may conclude the contract established through these T&C by deactivating his/her account, immediately interrupting the provision of the Service.
In the same way, after the registration in the Platform is completed, CIRCULAR reserves the right to conclude the contract entered into through the present T&C, suspending or ceasing the account of the User, either temporarily and permanently, at any time and for any reason, immediately interrupting the provision of the Service. Reasons for this may be but are not limited to: (i) non-compliance with these T&C, (ii) that the User causes CIRCULAR to incur a legal risk or liability; (iii) that the User's account has to be deleted due to unlawful conduct; (iv) that the User's account has to be deleted due to the User's prolonged inactivity; or (v) that the provision of the Service is no longer commercially viable.
CIRCULAR declares that it will make all reasonable efforts to notify the User through the email address associated with his/her account or through the corresponding profile on the Platform, about the termination and interruption of the provision of the Service.
Liability for the Website, the contracting process and the provision of the Service
Both the User and CIRCULAR undertake to comply with the legal and contractual obligations generated by virtue of these T&C.
CIRCULAR will not be liable if the Website and/or the Service offered through the Platform are not available due to force majeure, theft or loss or error in the information provided by the User.
CIRCULAR will spare no effort to maintain the Website and/or the Service through the Platform available, except when the lack of availability or performance is due to:
- Inactivity or temporary unavailability of the Platform due to its update and/or technical maintenance, which will be communicated previously and as soon as possible through Circular's Twitter account https://twitter.com/trycircular
- Causes beyond the control of CIRCULAR, such as force majeure, Internet access problems, technological problems, actions or omissions of third parties, etc.
In all these cases, beyond the control and diligence of CIRCULAR, the User shall not be entitled to any compensation from CIRCULAR for direct or indirect damages, or for loss of profit. Likewise, CIRCULAR will not be liable for damages caused by third parties.
In the event of closure or suspension of the Platform and/or Website for reasons beyond the control of CIRCULAR, and whenever possible, the User will be informed promptly of the transfer of the service to a new domain, modifying only the stipulations of the present T&C in relation to the domain in which the Platform remains active.
CIRCULAR does not represent and is not liable for any User, either Candidate or Recruiter. Accordingly, each User guarantees to hold CIRCULAR harmless of any dispute or liability arising from the relationship between Users.
Liability over contents
CIRCULAR guarantees that the contents, data or information relating to the Website and/or Service provided through the Platform are truthful, reliable and accurate.
The photographs, texts, graphics, information and/or other content and characteristics reproduced illustrating the Service on the Platform are merely illustrative and may therefore vary.
The foregoing notwithstanding, CIRCULAR does not control the content and legality of the various job offers (hereinafter, "Opportunity") published by Recruiters adhered to the Platform. Therefore, each Recruiter is responsible for any position or offer published on the Platform, and each Candidate must verify the validity of any Opportunity before taking any action that affects their employment situation. In this sense, CIRCULAR (i) has no obligation to examine and analyse each Opportunity posted on the Platform; (ii) has no obligation to recommend any candidate for an Opportunity and (iii) may exclude or remove any Opportunity from the Platform for any or no reason. Therefore, CIRCULAR holds no liability for the content, accuracy, completeness, legality, reliability or availability of any Opportunity posted on the Platform.
Similarly, CIRCULAR does not control the veracity and accuracy of the information published in each Candidate's profile and is under no obligation to display any Profile or include any Profile in its search results or other listings. Furthermore, CIRCULAR may delete, exclude or delete any Profile at any time. Therefore, CIRCULAR takes no responsibility for the content, accuracy, completeness, legality, reliability or availability of any Candidate that is included in the search results of the Platform.
Links to other websites
CIRCULAR does not control the content included in third party websites, so it does not hold any liability for the information, practices or privacy policies of the same.
The User acknowledges and accepts that CIRCULAR is not liable for the availability of other websites, nor for any loss or damage that may be sustained as a result of the foregoing.
Intellectual and Industrial Property Rights
CIRCULAR is the owner or, as the case may be, has the corresponding licenses on the exploitation rights of intellectual and industrial property of the Website and the Platform, as well as of all the contents, logos, trademarks, graphics, designs, interfaces, texts, photographs or illustrations, or any other information or content, and the services available through it. The use of any of the above without the consent of CIRCULAR or its legitimate owners is strictly prohibited. Likewise, the use of any elements object of industrial and/or intellectual property of the Website and the Platform for commercial purposes, as well as their distribution, modification, alteration or decompiling is equally forbidden. At no time, unless expressly stated otherwise, access, browsing or use of the Website, Platform and/or its contents gives the User any rights over distinctive signs included therein.
All intellectual and industrial property rights over the contents and/or services of the Platform are reserved. In particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Platform, for public or commercial purposes, if you do not have the prior, express written authorization of CIRCULAR or, where appropriate, the holder of the corresponding rights.
In the event that the User sends information of any kind to CIRCULAR through any of the channels set up for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual and industrial property right, commercial secret or any other rights of third parties, and that said information is not confidential or harmful to third parties.
The User acknowledges that he/she assumes full liability, rendering CIRCULAR harmless of any communication provided personally or in its name, reaching such liability the accuracy, legality, originality and ownership thereof without exception.
Claims that may be filed by the User in relation to possible breaches of intellectual property rights and/or industrial on the Contents of the Website and/or Platform should be directed to the following email address: firstname.lastname@example.org
Modification of the T&C
Depending on the agreements reached with market operators, CIRCULAR reserves the right to modify any of the conditions of these T&C, in any form and at any time. To this effect, in the event that the registration process in the Platform is completed, CIRCULAR will notify the User by e-mail of any modification of the T&C. CIRCULAR will also publish any change in the same form in which these T&C appear or through any type of communication addressed to the users.
If the registration process in the Platform is completed and in order to be able to continue using the contracted Service, the User must expressly accept the new T&C.
Likewise, if the registration process in the Platform is completed by a User, CIRCULAR will send him/her a copy of the new accepted Terms and Conditions by e-mail, and will make them available and accessible through his/her account in the Platform.
Effectiveness of the T&C
In the event that the registration process in the Platform is completed, the present T&C bind CIRCULAR and the User, either Candidate or Recruiter, from the moment of its acceptance. The titles or headings of the present T&C have only an informative purpose and will not affect the interpretation of the T&C.
The access, navigation and use of the Web Site also implies the express and unreserved acceptance of all the T&C, having the same validity and effectiveness as any contract entered into in writing and signed, to the extent applicable. Its observance and compliance shall be enforceable against any User who accesses, uses or navigates the Website. If you do not agree with the T&C, do not access, browse or use the Website.
Any clause or provision of these T&C that is or becomes illegal, invalid or unenforceable shall be excluded from the same and shall be considered unenforceable to the extent of such illegality, invalidity or unenforceability. It also shall be replaced by another clause or provision that closely resembles the foregoing, but shall not affect or prejudice the remaining provisions, which shall be exempt from any clause or provision that is illegal, invalid or unenforceable and shall otherwise remain in full force and effect.
Applicable Law and Jurisdiction
Unless otherwise stipulated in the applicable legislation, for any litigious matter related to the Platform, the Website or the contracting of the Service regulated in these T&C, the Spanish legislation shall apply. The parties expressly renounce to the jurisdiction that may correspond and will submit to the Courts and Tribunals of the city of Madrid (Spain) f0r the resolution of any dispute arising from or related to the use of the Website and Platform. The aforementioned rule will not be applicable if one of the parties holds the status of Candidate, being in this case competent the Courts and Tribunals corresponding to the domicile of the Candidate.
Similarly, in the event of disputes relating to online contracting, we inform you that the European Commission makes available to consumers an online platform for solving consumer complaints, which can be accessed through the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Last updated: 15 of January of 2019