Terms and Conditions

Terms & Conditions

1. General Information

1.1. CIRCULAR TALENT, S.L. (hereinafter "CIRCULAR"), with VAT number B88203641 and registered office at C/ Alcalá 155, 3ºI 28009 - Madrid is the owner of the website https://trycircular.com/ (hereinafter the "Website").

1.2. These terms and conditions (hereinafter the "T&C") regulate the access, navigation and use of the Website as well as the service by which CIRCULAR makes available to users and companies a digital platform (hereinafter the "Platform"), intended for any natural or legal person, through which they can exchange applications, 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 various selection processes and their subsequent recruitment (hereinafter the "Service").

1.3. Anyone who makes use, in any of the possible ways, of the Website and/or the Platform may be considered a user (hereinafter "User"). In this sense, a User may be: (i) an entity accessing 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 in search of a job position through any of the forms established in the Platform (hereinafter "Candidate") and (iii) any person accessing, using or browsing the Website.

1,4. These T&C are available to all Users of the Website and / or the Platform at the following link https://trycircular.com/terms-and-conditions/ freely and free of charge.

1.5. In case you complete the registration process on the Platform, checking the box of acceptance of these T&C during registration on the Platform implies the hiring of the Service in accordance with the T&C. Similarly, the User must have read the Privacy Policy that applies (Web Privacy Policy or Privacy Policy Candidates) available at https://trycircular.com/privacy-policy/ before proceeding with the registration on the Platform.

1.6. Also, access, navigation and use of the Website also implies the express and unreserved acceptance of the T&C, to the extent applicable, having the same validity and effectiveness as any written and signed contract. Their observance and compliance shall be enforceable with respect to any User who accesses, uses or browses the Website. If you do not agree with the T&C, do not access, browse or use the Website.

1.7. In case the User wants to contact CIRCULAR for any doubt or incident regarding the Website and/or regarding the registration on the Platform or the service it entails, he/she may contact CIRCULAR through the following email address contact@circular.io .

2. Platform Registration Process

2.1. Registration on the Platform through the Website is prohibited both for those individuals who do not have full legal capacity, and for minors under 18 years of age who do not have the proper authorization of their parents and / or legal representatives, except in case of emancipation. Registration on the Website shall be completely free of charge, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

2.2. It is forbidden to use or attempt to use another person's account or to create a false identity on the Platform.

2.3. In the event that the registration process is initiated on the Platform, the registration process differs depending on whether the User is a Recruiter or a Candidate:

In case of being a Recruiter, to register on the Platform the User must access the section Registration as a startup enabled on the Website and provide certain information accurately and completely in order to create your profile within the Platform. To do this, the User must confirm that you have read the Privacy Policy and accept these T&C.

By registering, the Recruiter - who accesses through a natural person - declares and guarantees that he/she is authorized to accept these T&Cs on behalf of the entity he/she represents and that, therefore, the latter agrees to assume responsibility for the use of the Platform and the Service in compliance with these T&Cs, as well as to indemnify CIRCULAR for the violation of any aspect of the same.

In case of being a Candidate, to register on the Platform the User must access the section Registration as a candidate and provide certain information accurately and completely in order to create your profile within the Platform. To do this, the User must confirm that you have read the Privacy Policy and accept these T&C.

2.4. The password chosen during the registration process will be personal and non-transferable, not being allowed the transfer, even temporarily, to third parties. In this sense, the User agrees to make diligent use and keep secret the password chosen, if any, to access your profile on the Platform and the Service provided. In the event that the User knows or suspects the loss, theft or use of your password by third parties, you should bring such circumstances to the attention of CIRCULAR as soon as possible.

2.5. Each User shall be liable for the costs and damages caused by the use of the services by any third party who uses its password for this purpose as a result of improper or negligent use or as a result of the loss of the same by the User.

2.6. If the User makes a mistake in entering data during the hiring of the Service offered on the Platform, this can be identified and corrected by the User before completing the registration, or after having done so, by sending an email to contact@circular.io . Please note that it is important that you check the information you enter and correct any errors before finalizing your registration.

3. Use of the Platform

3.1. License on the contents published on the Platform

3.1.1. The Recruiter is the owner of the content and information provided or published on the Platform, including but not limited to, job offers and references made to Candidates, granting CIRCULAR a non-exclusive, non-transferable, free and global geographic license to use, copy, modify, publish and process the information provided through the Platform. The Recruiter may terminate this license by deleting such content from the Platform or by deleting its User account, unless (i) it has shared it with other Users as part of the Service and they in turn have copied, shared or stored it; and (ii) during the reasonable time it takes to remove it from backup copies and other systems.

3.2. Candidate Circular Services

3.2.1 CIRCULAR for Candidates services are listed below:

Management of the registration on the Platform, in response to the User's request sent to Circular or as a consequence of the User's acceptance of the invitation to register on the Platform. CIRCULAR may send the User a reminder about the pending invitation through the User's email address. In the event that the User does not register within 24 hours of receiving such a request, the User's personal data will be deleted.

Creation, development and publication of the Candidate profile. The information collected in the profile shall be accessible only by Users registered on the Platform and shall be processed by CIRCULAR in accordance with the provisions of our Privacy Policy.

Management and publication of references granted to the Candidate by Recruiters or third parties not registered on the Platform, following the Candidate's request made through the use of the "Request references" functionality.

Management and publication of referrals made by the Candidate to other Candidates by (i) making a referral link available to them; or (ii) sending the referral email through the Platform on behalf of the Candidate.

Sending and management of satisfaction surveys in order to know the Candidate's feedback about the Recruiters with whom he/she carried out the selection processes. Surveys can be sent via e-mail or SMS.

Personalized advice service on the use of the Platform, through instant chat with a Talent Advocate.

Messaging service through the Platform, mainly to contact Recruiters and the Talent Advisor.

Automatic and free receipt of offers electronically. CIRCULAR offers the possibility of knowing through electronic communications (email, SMS, message on LinkedIn or WhatsApp) the job offers that best suit the Candidate.

Other services that CIRCULAR may create and that it considers of interest to the Candidates such as advice, training, professional contact network, dialogue spaces, access to news, among others.

3.3. Use of the Platform by Recruiters:

3.3.1. CIRCULAR's services for Recruiters are listed below:

Management of registration on the Platform and creation, development and publication of the Recruiter profile. The information collected in the profile will be treated in accordance with the provisions of our Privacy Policy and may be accessed by all Users, including those not registered on the Platform.

Management, development and publication of the Candidates' references sent by the Recruiter by (i) making a reference link available to the Candidate; or (ii) sending the reference email through the Platform, on behalf of the Recruiter.

Design and publication of job offers and/or creation of groups for the dissemination of offers of interest to its members.

Support in the management and selection of candidates proposed by the Website based on the requirements of the offer by sending an invitation to interview or discarding the profile.

Management and development of a recognition program for Recruiters. Specifically, CIRCULAR awards Recruiters recognition points for reaching a series of milestones such as account activation or making a reference to the Candidate, among others. The points earned by the Recruiter can be exchanged for the different prizes offered by CIRCULAR to recognize those Recruiters with the highest activity on the Platform.. Details of the Recruiter recognition program can be found at the following link: Link.

Management of the integration of the Platform with the Applicant Tracking System (hereinafter "ATS") of the Entity in such a way that any progress of the Candidates on the Platform is reflected in CIRCULAR shall only have access to the information strictly necessary to be able to carry out the correct monitoring of the selection processes of the users registered on the Platform. You can request more detailed information about this functionality at the following e-mail address: ats@circular.io.

Management and forwarding of satisfaction surveys to the Candidates with whom the Recruiter carried out the selection processes, the elaboration of statistics based on the feedback received and the presentation of the results on the dashboard offered on the main page of the Platform.

Messaging service through the Platform, mainly for contacting other Recruiters and Candidates.

Other services that CIRCULAR may create and that it considers of interest to Recruiters, such as advice, training, professional networking, dialogue spaces, access to news, among others.

4. Termination of registration on the Platform

4.1. In the event that the registration process on the Platform is completed, the contract between CIRCULAR and the User, whether Candidate or Recruiter, is perfected from the moment the latter completes the registration procedure on the Platform, it being understood that the completion of the registration process and the inclusion of all the requested data, together with the ticking of the corresponding box relating to the acceptance of these T&Cs, is a direct manifestation of having read them and of the User's willingness to accept them.

4.2. CIRCULAR shall keep evidence of the Candidate's or Recruiter's acceptance of these T&Cs.

4.3. The language in which the registration and recruitment procedure will be processed and in which this contract is formalized shall be, unless otherwise indicated, Spanish.

5. Procedure for unsubscribing from the Platform

5.1. If the user wishes to unsubscribe from the platform, he/she should send an email to contact@circular.io. CIRCULAR will unsubscribe the account in less than 24 hours.

6. Accuracy of the User's information and declarations

6.1. In the event that the User completes the registration process on the Platform, the User guarantees that the data and information provided are truthful and do not contain errors. Under no circumstances shall CIRCULAR be responsible for the truthfulness and accuracy of the data and information provided by the User, being the User responsible for any possible consequences, errors and failures that may subsequently arise from the lack of truthfulness of such information in the provision of the Service.

6.2. In case of being a Candidate, the User acknowledges and agrees that any information transmitted through the Platform is subject to these T&C. In this regard, the User is aware that both CIRCULAR and the Recruiters registered on the Platform rely on the accuracy and completeness of all information provided on the Platform, ensuring that all information included in their Platform profile is truthful, accurate and complete. Similarly, it shall be the responsibility of the Candidate to keep all information provided to CIRCULAR permanently updated so that it responds, at all times to the actual situation of the Candidate In any case, the Candidate shall be solely responsible for any false or inaccurate statements made and the damages caused to CIRCULAR or third parties for the information provided.

6.3. In this regard, the User acknowledges that, by registering and creating his/her profile on the Platform, he/she is requesting and authorizing CIRCULAR to make his/her profile available to the different Recruiters depending on the selected geographical area.

7. Price of the Service provided through the Platform

7.1. The Service provided through the Platform is completely free for the Candidate, so this will not have to pay any amount of money to enjoy the Platform.

7.2. The Service provided through the Platform may have a cost for the Recruiter depending on the type of Service selected. You can check the updated rates for each mode at the following link: https://circular.io/pricing.

8. Duration and Termination

8.1. These T&C shall remain in force until such time as the User unsubscribes from the Platform or the termination of the Service for any of the reasons stipulated in these T&C. Also, in the event that the User only accesses, uses or browses the Website without completing the registration process on the Platform, these T&C shall apply while accessing, using or browsing the Website, to the extent applicable.

8.2. In the event that the registration process on the Platform is completed, the User may conclude the contract established through these T&C by deactivating his account, immediately interrupting the provision of the Service.

8.3. Similarly, in the event that the registration process on the Platform is terminated, CIRCULAR reserves the right to conclude the contract established through these T&Cs by suspending or terminating the User's account, either temporarily or permanently, at any time and for any reason, immediately interrupting the provision of the Service, such as: (i) breach of these T&Cs, (ii) the User causes CIRCULAR to incur legal risk or liability; (iii) the User's account must be terminated due to unlawful conduct; (iv) the User's account must be terminated due to the User's prolonged inactivity; or (v) the provision of the Service is no longer commercially viable.

8.4. CIRCULAR declares that it will make all reasonable efforts to notify the User through the email address associated with its account or profile on the Platform, about the termination and interruption of the provision of the Service.

9. Responsibility for the Website, the contracting process and the provision of the Service

Both the User and CIRCULAR undertake to comply with their legal and contractual obligations generated under these T&Cs.

CIRCULAR shall not be liable in case of unavailability of the Website and/or the Service offered through the Platform when this is due to force majeure, theft or loss or error in the information provided by the User.

CIRCULAR shall use its best efforts to keep the Website and/or the Service available through the Platform, except for lack of availability or performance of the same due to:

Inactivity or temporary unavailability of the Platform due to updating and/or technical maintenance of the Platform, of which it will inform in advance and as soon as possible by means of a communication on Circular's Twitter account: https://twitter.com/trycircular

Causes beyond CIRCULAR's control, such as force majeure, Internet access problems, technological problems, actions or omissions of third parties, etc.

In all the aforementioned cases, beyond the control and diligence of CIRCULAR, the User shall not be entitled to any compensation from CIRCULAR for damages, direct or indirect, or for lost profits. Likewise, CIRCULAR shall 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 shall be promptly informed of the transfer of the service to a new domain, modifying only the provisions of these T&Cs in relation to the domain where the Platform remains active.

CIRCULAR does not represent or vouch for any User, whether Candidate or Recruiter, and therefore the User guarantees to hold CIRCULAR harmless for any dispute or liability arising from the relationship between the Users.

9.1. Responsibility for the contents

9.1.1. CIRCULAR guarantees that the contents, data or information relating to the Website and/or Service provided through the Platform are truthful, reliable and accurate.

9.1.2 The photographs, texts, graphics, information and/or other content and features reproduced that illustrate the Service on the Platform are merely illustrative and may vary.

9.1.3. Notwithstanding the foregoing, CIRCULAR does not control the content and legality of the various job offers (hereinafter "Opportunity") published by Recruiter members of 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 affecting his or her employment situation. In this regard, CIRCULAR (i) has no obligation to screen and analyze 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. For all of the foregoing, CIRCULAR assumes no responsibility for the content, accuracy, completeness, legality, reliability or availability of any Opportunity posted on the Platform.

9.1.4. Similarly, CIRCULAR does not control the truthfulness and accuracy of the information posted on 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 remove any profile at any time. CIRCULAR therefore assumes no responsibility for the content, accuracy, completeness, legality, reliability or availability of any Candidate that is included in the search results of the Platform.

9.2. Links to other websites

9.2.1. CIRCULAR does not control the content included in third party websites, and therefore assumes no responsibility for the information, practices or privacy policies of such websites.

9.2.2. The User acknowledges and agrees that CIRCULAR is not responsible for the availability of other websites, nor for any loss or damage that may be suffered as a result of the foregoing.

9.3. Intellectual and Industrial Property Rights

9.3.1. CIRCULAR owns or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website and the Platform, as well as all content offered therein, logos, trademarks, graphics, designs, interfaces, texts, photographs or illustrations, or any other information or content, and the services available through them, and their use without the consent of CIRCULAR or their legitimate owners is prohibited. Likewise, the use of all elements subject to industrial and/or intellectual property of the Website and the Platform for commercial purposes is strictly prohibited, as well as their distribution, modification, alteration or decompilation. At no time, unless expressly stated otherwise, access, navigation or use of the Website, Platform and / or its contents gives the User any right to distinctive signs included therein.

9.3.2. All intellectual and industrial property rights over the contents and/or services of the Platform are reserved and, 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, without the prior, express and written authorization of CIRCULAR or, where appropriate, of the holder of the corresponding rights.

9.3.3. In the event that the User sends information of any kind to CIRCULAR through any of the channels provided for this purpose, the User represents, warrants and agrees that he/she has the right to do so freely, that such information does not infringe any intellectual and industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.

9.3.4. The User acknowledges that he/she assumes responsibility, holding CIRCULAR harmless for any communication he/she personally provides or in his/her name, such responsibility covering without any restriction whatsoever the accuracy, legality, originality and ownership of the same.

9.3.5. Any claims that may be filed by the User in relation to possible breaches of intellectual and/or industrial property rights on the Contents of the Website and/or Platform should be sent to the following email address: contact@circular.io .

9.4. Modification of the T&C

9.4.1. Depending on the agreements reached with the market operators, CIRCULAR reserves the right to modify any of the conditions of these T&C, in any form and at any time notifying this circumstance to the Users with reasonable notice. To this effect, in the event that the registration process on the Platform is finalized, CIRCULAR shall notify the User of any modification to the T&Cs. Likewise, CIRCULAR shall publish any change in the same form in which these T&Cs appear or through any type of communication addressed to the Users.

9.4.2.In the event that the registration process on the Platform is completed and in order to continue using the contracted Service, the User must expressly accept the new T&Cs.

9.4.3. Likewise, in the event that the registration process on the Platform is completed, CIRCULAR will send by email, and will make available to the User in its account on the Platform, a copy of the new Terms and Conditions accepted by the User.

9.5. Effectiveness of the T&C

9.5.1. In the event that the registration process on the Platform is completed, these T&Cs shall bind CIRCULAR and the User, whether Candidate or Recruiter, from the moment of their acceptance. The titles or headings of these T&Cs are for information purposes only and shall not affect their interpretation.

9.5.2. The access, navigation and use of the Website also implies the express and unreserved acceptance of all the T&C, having the same validity and effectiveness as any written and signed contract, as far as applicable. Their observance and compliance shall be enforceable with respect to any User who accesses, uses or browses the Website. If you do not agree with the T&Cs, do not access, browse or use the Web Site.

9.5.3. Any clause or provision of these T&Cs that is or becomes illegal, invalid or unenforceable shall be excluded from the same and shall be deemed unenforceable to the extent of such illegality, invalidity or unenforceability, and shall be replaced by another that is as similar as possible to the previous one, but shall not affect or prejudice the remaining provisions, which shall be excluded from any illegal, invalid or unenforceable clause or provision and shall remain in full force and effect.

9.6. Applicable Law and Jurisdiction

9.6.1. Unless otherwise provided by applicable law, for any litigation or incumbent on the Platform, the Website or the contracting of the Service regulated in these T&C, shall apply Spanish law, expressly waiving the parties to the jurisdiction that may apply and submitting the resolution of all disputes arising from or related to the use of the Website and the Platform to the Courts and Tribunals of the city of Madrid (Spain), except in the event that the party holds the status of Candidate, in which case the Courts and Tribunals corresponding to the domicile of the same shall be competent.

9.6.2. Similarly, in case of disputes relating to online contracting, we inform you that the European Commission offers consumers a Platform for the resolution of online consumer complaints, which can be accessed through the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES

Last update: May, 4th 2022.