General terms and conditions of success contracting for the B4work application
These General Terms and Conditions of Contracting (hereinafter "GTC") govern the use of the service provided by the B4work mobile application (hereinafter "the Application") by Vehículo de Inversión Tecnológica, S.L. (hereinafter "B4work"), a company domiciled in Barcelona, Edif Pier 01, Block A, Floor 3, Door 3A3, 08003, with VAT number B-42.869.529, made available to the client (hereinafter "Client"). The use of the Application implies the full acceptance by the Client of the GTC in force each time they access it, thereby constituting the contractual agreement between the Client and B4work. B4work reserves the right to modify these GTC at any time, as well as any other applicable conditions, informing the Client thereof. The Client shall have the right to terminate their contract if they do not agree with the new conditions.
These GTC, together with the commercial Proposal, constitute the complete agreement between B4work and the Client regarding the subject matter herein. Accordingly, any statements, documents, or agreements between the Parties prior to the formalization of these GTC that contradict or establish greater obligations for either of the Parties shall not apply.
3. Effectiveness and duration
These GTC shall remain valid according to the term contracted by the Client in the commercial Proposal.
The Service will be automatically renewed once the initial period of the Service is completed, unless either the Client or B4work object, in accordance with the section on "Payment Method."
If any invoice remains unpaid, B4work will proceed with the suspension of the Service. However, if there is a reasonable and good-faith negotiation and diligent cooperation to resolve the unpaid fees, B4work may extend the deadline for payment regularization. B4work reserves the right to suspend access to the Service after this period.
If the Client decides not to renew, this notification must be made via the following means:
The price (hereinafter, "the Price") that the Client must pay to B4Work will be that corresponding to the chosen modality, among those presented below:
B4work reserves the right to claim a 1% monthly late interest on all overdue and/or unpaid invoices.
The Client with a high volume of hirings may benefit from certain volume rebates indicated in the Commercial Proposal.
5. Intellectual property
All intellectual property rights, including reproduction, distribution, public communication, and/or transformation, on any type of media or mode of exploitation, related to all the contents, materials, and software that B4work may display, deliver, or allow the Client to use for the proper development of the Services, understood as any literary, artistic, or scientific work, as well as any other documentation or information in writing, are reserved in favor of B4work. Consequently, the Client may not directly or indirectly dispose of any of the aforementioned contents, materials, and software for use and for a time different from those specified in this Contract. Once the Services are completed, the Client must immediately return all such contents and materials to B4work, retaining no copies thereof.
The Client guarantees that they will not use or disclose through any means the image of B4work or B4work's clients, as well as the projects in which they work, of which they become aware during the provision of the Services, unless they have the express authorization from B4work.
6. Confidentiality
The mere existence and content of these GTC, the commercial Proposal, as well as all the information and/or documentation produced or known by the Client by virtue of the planning, development, or execution of these GTC, whether referring to B4work or to third parties, whether physical or legal persons, shall be considered confidential information. The Client undertakes to take appropriate measures to ensure its proper treatment. These measures will be no less than those applied by the Client to its own confidential information and will consist of:
The personal data provided will be used to fulfill the purpose of the present contractual relationship. The legal basis for the processing of personal data is the execution of the contract in which the Client is a party. The data may be communicated to the following third-party recipients: Public Administrations for compliance with legal obligations. They may also be communicated to the following categories of processors: Providers of electronic communications and online office services, hosting, SaaS services such as CRM/ERP, management, accounting, auditing, and lawyers. B4work may transfer personal data to processors located in third countries with which the standard data protection clauses adopted by the European Commission have been formalized (Commission Decision (EU) 2021/914 of June 4, 2021). The data will be kept for the entire contractual relationship and, once it ends, for the conservation periods and prescription of responsibilities legally provided. The Client may exercise their rights of access, rectification, deletion, limitation, opposition, or portability at any time by sending their request to Edif Pier 01, Block A, Floor 3, Door 3A3, 08003 in Barcelona. The Client has the right to lodge a complaint with a supervisory authority if deemed appropriate.
As Vehículo de Inversión Tecnológica, S.L. is a company established in Spain (European Union), the data processing carried out must comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD). Therefore, the following clause on the processing of personal data is described.
Purpose. This clause regulates the relationship between the Client, as the Data Controller, and B4work, as the Data Processor. The Processor undertakes to process personal data only following the instructions provided by the Client and guarantees that the persons authorized to process the personal data are committed to confidentiality or are subject to confidentiality by statutory obligation.
Services and duration. The validity of this clause will be equal to the duration of the Services contracted by the Client to the Processor.
Nature and purpose of the processing. The processing of personal data will be carried out solely and exclusively for the purpose of providing the Services.
Type of personal data and categories of data subjects. The typology of data to be processed includes identification, academic and professional data, social and financial conditions. The category of data subjects is candidates.
Client's (Controller) obligations and rights.
a) Deliver or allow the Processor access to the data to provide the Services.
b) Perform an impact assessment on the protection of personal data of the processing activities to be carried out by the Processor when applicable.
c) Carry out the necessary prior consultations.
d) Ensure, prior to and throughout the processing, compliance with the Regulation by the Processor.
e) Supervise the processing, including conducting inspections and audits.
Processor's obligations.
a) Process personal data only following documented instructions from the Client, including regarding the transfer of personal data, unless required by Union Law or Member State law; in such a case, the Processor will inform the Client of this legal requirement before processing, unless such law prohibits it for reasons of important public interest.
b) Ensure that persons authorized to process personal data have committed to confidentiality or are subject to a statutory confidentiality obligation.
c) Take all necessary measures in accordance with Article 32 of the Regulation.
d) Assist the Controller, considering the nature of the processing, through appropriate technical and organizational measures, whenever possible, to enable the Controller to fulfill its obligation to respond to requests exercising the rights of data subjects. In this case, the Processor must notify this by email. The communication must be made immediately and in no case beyond the next working day following receipt of the request, together, where appropriate, with relevant information to handle the request.
e) Assist the Client in ensuring compliance with the obligations established in Articles 32 to 36 of the Regulation, considering the nature of the processing and the information available to the Processor.
f) Unless otherwise instructed by the Client, delete all personal data once the Services have ended, as well as delete any existing copies, unless the retention of personal data is required by Union Law or Member State law.
g) Provide the Client with all necessary information to demonstrate compliance with the obligations established in Article 28 of the Regulation, as well as to enable and assist in conducting audits, including inspections, by the Client or another auditor authorized by the Client.
h) Immediately inform the Client if, in the opinion of the Processor, an instruction violates the Regulation or other provisions on data protection of the Union or Member States.
i) Comply with any other obligation required by current data protection regulations.
j) Notify the Client, without undue delay and in any case, before the maximum period of 48 hours, by email, of any breach of the security of personal data of which it becomes aware, along with all relevant information for the documentation, resolution, and communication of the incident.
Subcontracting. The Client authorizes the Processor to subcontract with the following categories of processors (all of them necessary auxiliary services to provide the Services): Providers of electronic communications and online office services, hosting, SaaS services such as CRM/ERP, management, accounting, auditing, and lawyers. When the Processor resorts to another processor to carry out certain processing activities on behalf of the Client, it will impose on this other processor, through a contract, the same data protection obligations stipulated in these GTC. If this other processor fails to comply with its data protection obligations, the Processor will remain fully responsible to the Client regarding the fulfillment of the obligations of the other processor.
8. Nullity and ineffectiveness of clauses
If any clause included in these GTC or in the commercial Proposal signed between the parties is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall affect only said provision or the part thereof that is null or ineffective, with the rest of the clauses remaining in force in all other respects, considering such provision, or the affected part thereof, as not being set.
9. Applicable law and jurisdiction
For the resolution of any issue or dispute that may arise in the interpretation and/or compliance with these GTC, the Parties expressly submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain) with express waiver of their own jurisdiction if it is different. These GTC will be governed and interpreted in accordance with the laws of Spain.
Conditions
1. Service provisionSubject to the terms and stipulations contained in this document, B4work, through the Application, provides the Client with the possibility of receiving candidates for job offers that the Client publishes on B4work from their ATS (Applicant Tracking System) or Recruitment Software. Consequently, B4work will enrich the Client's database with candidates to expedite the selection process as much as possible. Hereinafter, all referred to as "the Service".The specific conditions of the service will be those outlined in the commercial Proposal.2. Complete agreementThese GTC, together with the commercial Proposal, constitute the complete agreement between B4work and the Client regarding the subject matter herein. Accordingly, any statements, documents, or agreements between the Parties prior to the formalization of these GTC that contradict or establish greater obligations for either of the Parties shall not apply.
3. Effectiveness and duration
These GTC shall remain valid according to the term contracted by the Client in the commercial Proposal.
The Service will be automatically renewed once the initial period of the Service is completed, unless either the Client or B4work object, in accordance with the section on "Payment Method."
If any invoice remains unpaid, B4work will proceed with the suspension of the Service. However, if there is a reasonable and good-faith negotiation and diligent cooperation to resolve the unpaid fees, B4work may extend the deadline for payment regularization. B4work reserves the right to suspend access to the Service after this period.
If the Client decides not to renew, this notification must be made via the following means:
- By email.
- In writing by sending the notice to B4work's premises.
- By email.
- In writing by sending the notice to the Client's premises.
The price (hereinafter, "the Price") that the Client must pay to B4Work will be that corresponding to the chosen modality, among those presented below:
- Success Fee Modality: Under this modality, the Client can publish as many offers as desired and will only pay if they end up hiring the candidate. The Price will be based on the candidate's gross salary (fixed + variable) for the first year, expressly excluding the candidate's social benefits, plus the Value Added Tax (VAT) at the legally applicable rate. A one-time payment per hired candidate according to the rate indicated in the Commercial Proposal. The type of contract offered to the candidate, whether employed or self-employed, will not exempt B4work from collecting its fees.
- Flat Rate Modality: Under this modality, the Client can make up to 30 monthly candidate hirings. In this modality, the Price will consist of a monthly fee of €495, VAT not included. The Client can contract the Flat Rate Modality while having the Success Fee Modality active, in which case, the price paid under the Success Fee Modality will be deducted, if applicable. To contract this modality, it is essential for the Client to contact B4Work at the email sales@b4workapp.com, stating their intention to contract the Flat Rate Modality.
B4work reserves the right to claim a 1% monthly late interest on all overdue and/or unpaid invoices.
The Client with a high volume of hirings may benefit from certain volume rebates indicated in the Commercial Proposal.
5. Intellectual property
All intellectual property rights, including reproduction, distribution, public communication, and/or transformation, on any type of media or mode of exploitation, related to all the contents, materials, and software that B4work may display, deliver, or allow the Client to use for the proper development of the Services, understood as any literary, artistic, or scientific work, as well as any other documentation or information in writing, are reserved in favor of B4work. Consequently, the Client may not directly or indirectly dispose of any of the aforementioned contents, materials, and software for use and for a time different from those specified in this Contract. Once the Services are completed, the Client must immediately return all such contents and materials to B4work, retaining no copies thereof.
The Client guarantees that they will not use or disclose through any means the image of B4work or B4work's clients, as well as the projects in which they work, of which they become aware during the provision of the Services, unless they have the express authorization from B4work.
6. Confidentiality
The mere existence and content of these GTC, the commercial Proposal, as well as all the information and/or documentation produced or known by the Client by virtue of the planning, development, or execution of these GTC, whether referring to B4work or to third parties, whether physical or legal persons, shall be considered confidential information. The Client undertakes to take appropriate measures to ensure its proper treatment. These measures will be no less than those applied by the Client to its own confidential information and will consist of:
- 1. Limiting the use of confidential information strictly to what is necessary to fulfill the purpose of this Contract.
- 2. Granting access to confidential information only to those physical or legal persons who, while providing services to the Client, require such information for tasks for which the use of this information is strictly necessary. For these purposes, the Client will inform these physical or legal persons of their confidentiality obligations, ensuring compliance with the same. The Client undertakes to take the necessary measures, both regarding its employees and third parties who may have any relationship with these GTC, to ensure compliance with what is agreed in this clause.
- 3. Reporting to B4work any leakage of information that the Client becomes aware of, resulting from the breach of this clause or disloyalty of the persons who have accessed the confidential information. This communication will not exempt the Client from its responsibility.
- 4. Respecting the obligations contained in this clause indefinitely, even after ending its relationship with B4work for any reason.
The personal data provided will be used to fulfill the purpose of the present contractual relationship. The legal basis for the processing of personal data is the execution of the contract in which the Client is a party. The data may be communicated to the following third-party recipients: Public Administrations for compliance with legal obligations. They may also be communicated to the following categories of processors: Providers of electronic communications and online office services, hosting, SaaS services such as CRM/ERP, management, accounting, auditing, and lawyers. B4work may transfer personal data to processors located in third countries with which the standard data protection clauses adopted by the European Commission have been formalized (Commission Decision (EU) 2021/914 of June 4, 2021). The data will be kept for the entire contractual relationship and, once it ends, for the conservation periods and prescription of responsibilities legally provided. The Client may exercise their rights of access, rectification, deletion, limitation, opposition, or portability at any time by sending their request to Edif Pier 01, Block A, Floor 3, Door 3A3, 08003 in Barcelona. The Client has the right to lodge a complaint with a supervisory authority if deemed appropriate.
As Vehículo de Inversión Tecnológica, S.L. is a company established in Spain (European Union), the data processing carried out must comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD). Therefore, the following clause on the processing of personal data is described.
Purpose. This clause regulates the relationship between the Client, as the Data Controller, and B4work, as the Data Processor. The Processor undertakes to process personal data only following the instructions provided by the Client and guarantees that the persons authorized to process the personal data are committed to confidentiality or are subject to confidentiality by statutory obligation.
Services and duration. The validity of this clause will be equal to the duration of the Services contracted by the Client to the Processor.
Nature and purpose of the processing. The processing of personal data will be carried out solely and exclusively for the purpose of providing the Services.
Type of personal data and categories of data subjects. The typology of data to be processed includes identification, academic and professional data, social and financial conditions. The category of data subjects is candidates.
Client's (Controller) obligations and rights.
a) Deliver or allow the Processor access to the data to provide the Services.
b) Perform an impact assessment on the protection of personal data of the processing activities to be carried out by the Processor when applicable.
c) Carry out the necessary prior consultations.
d) Ensure, prior to and throughout the processing, compliance with the Regulation by the Processor.
e) Supervise the processing, including conducting inspections and audits.
Processor's obligations.
a) Process personal data only following documented instructions from the Client, including regarding the transfer of personal data, unless required by Union Law or Member State law; in such a case, the Processor will inform the Client of this legal requirement before processing, unless such law prohibits it for reasons of important public interest.
b) Ensure that persons authorized to process personal data have committed to confidentiality or are subject to a statutory confidentiality obligation.
c) Take all necessary measures in accordance with Article 32 of the Regulation.
d) Assist the Controller, considering the nature of the processing, through appropriate technical and organizational measures, whenever possible, to enable the Controller to fulfill its obligation to respond to requests exercising the rights of data subjects. In this case, the Processor must notify this by email. The communication must be made immediately and in no case beyond the next working day following receipt of the request, together, where appropriate, with relevant information to handle the request.
e) Assist the Client in ensuring compliance with the obligations established in Articles 32 to 36 of the Regulation, considering the nature of the processing and the information available to the Processor.
f) Unless otherwise instructed by the Client, delete all personal data once the Services have ended, as well as delete any existing copies, unless the retention of personal data is required by Union Law or Member State law.
g) Provide the Client with all necessary information to demonstrate compliance with the obligations established in Article 28 of the Regulation, as well as to enable and assist in conducting audits, including inspections, by the Client or another auditor authorized by the Client.
h) Immediately inform the Client if, in the opinion of the Processor, an instruction violates the Regulation or other provisions on data protection of the Union or Member States.
i) Comply with any other obligation required by current data protection regulations.
j) Notify the Client, without undue delay and in any case, before the maximum period of 48 hours, by email, of any breach of the security of personal data of which it becomes aware, along with all relevant information for the documentation, resolution, and communication of the incident.
Subcontracting. The Client authorizes the Processor to subcontract with the following categories of processors (all of them necessary auxiliary services to provide the Services): Providers of electronic communications and online office services, hosting, SaaS services such as CRM/ERP, management, accounting, auditing, and lawyers. When the Processor resorts to another processor to carry out certain processing activities on behalf of the Client, it will impose on this other processor, through a contract, the same data protection obligations stipulated in these GTC. If this other processor fails to comply with its data protection obligations, the Processor will remain fully responsible to the Client regarding the fulfillment of the obligations of the other processor.
8. Nullity and ineffectiveness of clauses
If any clause included in these GTC or in the commercial Proposal signed between the parties is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall affect only said provision or the part thereof that is null or ineffective, with the rest of the clauses remaining in force in all other respects, considering such provision, or the affected part thereof, as not being set.
9. Applicable law and jurisdiction
For the resolution of any issue or dispute that may arise in the interpretation and/or compliance with these GTC, the Parties expressly submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain) with express waiver of their own jurisdiction if it is different. These GTC will be governed and interpreted in accordance with the laws of Spain.