Conditions of the MONDRAGON People Service for Users and Applicants
IMPORTANT INFORMATION. PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS (T&Cs). THE USER AND/OR APPLICANT ACKNOWLEDGES AND ACCEPTS THAT BY CLICKING ON THE BUTTON “I ACCEPT” OR SIMILAR BUTTONS OR LINKS, AS ESTABLISHED, TO VIEW THESE TERMS, THEY HAVE SUFFICIENT LEGAL CAPACITY AND SIGN A LEGALLY BINDING CONTRACT. THE USE OF THE SERVICE IS NOT ALLOWED UNLESS THIS CONTRACT, AND ANY OTHER RULES AND POLICIES THAT MONDRAGON MAY ESTABLISH OR PUBLISH, ARE ACCEPTED.
MONDRAGON People Employment Portal: A portal specialising in promoting employment and providing Users and Applicants with the search for selection processes and all types of activities related to employment in the companies associated with MONDRAGON. (hereinafter, Portal)
MONDRAGON: MONDRAGON Corporación Cooperativa, S. COOP, NIF No. F20350823, domiciled at Paseo José María Arizmendiarrieta 5, registered in the Register of Cooperatives under No. 162 on 08/02/1991, and registered in the Register of Cooperatives of the Basque Country under No. 2/91, folio GUI-324, record 324, owner and administrator of the Portal.
MONDRAGON People Employment Portal Service: Service for Users and Applicants that access the Portal; Tool for job search management; Registration of the user in the job bank; Service, employment and training alerts, newsletters, communications and information of interest; Other services that may be created and that MONDRAGON considers of interest to its users. (hereinafter, Service)
Aggregator: MONDRAGON, which, through its Portal and Service, gathers a selection of job offers of the companies associated with MONDRAGON and forwards them to its Users and Applicants.
Employer: The different companies associated with MONDRAGON which, through the Portal publish job offers to which the Applicant may register.
Users: Natural person over eighteen years of age, who access the Portal, free of charge.
Account: Identification and authentication, by means of a login, in which the user becomes an Applicant and becomes able to access the employment portal and all its features in a customised way.
Applicant: A user who has an account to sign up for job offers and configure the alert service according to their preferences.
Personal data: Any information concerning identified or identifiable natural persons.
Content: Information, messages, graphics, drawings, audio and/or image files, photographs, recordings, software and, in general, any type of material accessible through the Portal or the Services.
Cookies: Data storage and retrieval devices that are installed in the User’s terminal and that allow the measurement, control, improvement of the Service and identify the User’s device each time they access the Portal and/or Service.
2. Purpose of the T&Cs (Terms and Conditions)
- MONDRAGON, as an Aggregator, offers a set of free services through the Portal for Users and Applicants, whose objective is to promote employment through offers under the responsibility of the Employer.
- These T&Cs also aim to establish the conditions applicable to the Content of the Portal, accessible to Users and Applicants.
- From the moment of acceptance of the T&Cs, the User and/or Applicant may benefit from information of interest, if requested, on customised occasions, received mostly by means of electronic communication.
3. The Service
- Access to an employment Portal; Tools for job search management for all Users and Applicants.
- Registration of the user, free of charge, in the job bank, through the Applicant registration process.
- Service, employment and training alerts, newsletters, communications and information of interest to Applicants.
- Other services that may be created and that MONDRAGON considers of interest to its users.
4. Service Cost
5. Obligations of the Applicant
- Except for the free visit to the portal and search for job offers, the remaining services related to the registration to offers and alert system shall be available exclusively for those who have the status of Applicant and are over eighteen years of age.
- At all times, both the User and the Applicant shall make a lawful use of the Service, in accordance with current legislation. In this sense, the User/Applicant guarantees that the activities developed through the Service shall be adapted to the law, morality, public order, good customs and, in no case, shall be offensive to the good name and commercial image of MONDRAGON, the owner of the Portal and Aggregator, and of the different Employers or third parties.
- The User/Applicant shall not make any action through the Service that may cause damage or alterations to the content or hinder its correct operation, not causing technical problems of any kind, not transferring elements that are susceptible to carrying computer viruses or damaging, interfering or intercepting, in whole or in part, the Portal managed by MONDRAGON.
- The responsibility of the Applicant regarding the veracity of the data entered is exclusive, so that, in the event that false or inaccurate information is provided, MONDRAGON reserves the right to prohibit access to the Portal, its Services and/or Content.
- The User/Applicant acknowledges and accepts that the use of the Service, as well as its Content, is for private purposes only, its use being expressly forbidden for any business and/or commercial activity.
6. Limitation of Liability and Reservation of Guarantees
- The User/Applicant accepts that, if permitted by the applicable legislation, MONDRAGON excludes any liability for damages of any kind that may be due to access to the Portal, Service or Content, and in particular, although not exclusively, for any loss or damage that may be due to (a) the breach of the law, morality, and generally accepted good practices or order; (b) the violation of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honour, personal and family privacy, and the image of persons, property rights and rights of any other nature belonging to a third party as a consequence of accessing and/or using the Portal, Service, or Content; (c) the performance of acts of unfair competition and illegal advertising as a consequence of accessing the Portal, Service, or Content; (d) the lack of veracity, accuracy, exhaustiveness, relevance and/or actuality of the contents; (e) the unsuitability for any type of purpose and failure to meet the expectations generated by the use of the Service; (f) vices and defects of all kinds in the content transmitted, disseminated, stored, made available or otherwise transmitted, received, obtained or accessed through the Service.
- The Service is available 24 hours a day, all days of the year. Nevertheless, MONDRAGON reserves the right to suspend the Service in the cases set out below (without limitation): (i) to perform maintenance and safety tasks; (ii) for the improvement and installation of new features; (iii) for verification/audit of the operation/use; and (iv) in case of failure or possibility of failure.
- The User/Applicant acknowledges and accepts (i) the characteristics and limits of the Internet; (ii) that the confidentiality of data transmitted over the Internet cannot be fully guaranteed and that this data can be intercepted by malicious users; (iii) that service response times may be affected by malfunctioning of the network; and (iv) that the application made available to the User/Applicant uses complex features, and it is not possible to test all the possibilities of use.
- The User/Applicant acknowledges that the Service may contain defects and errors. Internet access by the User/Applicant is without intervention by MONDRAGON and any use made of Internet access shall be under the responsibility and at the risk of the User/Applicant. To the extent that the applicable legislation permits, MONDRAGON rejects all guarantees, express, implied or legal, including, among others, the implied guarantees of title, non-violation of third-party rights, merchantability or fitness for a specific purpose, availability and Continuity, Utility, Reliability, and/or Quality.
7. Policy on Protection of Personal Data
Notwithstanding this, the following is reported:
- To access and/or use some of the Services, Users are required to previously provide MONDRAGON with certain personal data (hereinafter, the “Personal Data”), which MONDRAGON shall automatically process and incorporate into a file, for the purposes of providing the services of the Website.
- All these circumstances shall be previously and duly informed by MONDRAGON to the Users, in the cases and in the way in which this is legally required.
- In the event that the User or Applicant provides personal data of third parties, the User shall inform those third parties of the data content provided, the existence and purpose of the file containing their data, and the possibility of exercising rights, identifying MONDRAGON and obtaining the consent of said third party to communicate its data to MONDRAGON.
- MONDRAGON guarantees that it has adopted the appropriate security measures in its facilities, systems, and files. Similarly, MONDRAGON guarantees the confidentiality of the Personal Data. Nevertheless, MONDRAGON shall disclose to the relevant public authorities the Personal Data and any other information that is in its power or that is accessible through its systems, as required in accordance with the legal and regulatory provisions applicable to the case.
8. Opposition to Receipt of Communications, Notifications and Alerts
- The Applicant may voluntarily sign up to receive communications, notifications and Alerts according to their interests. Using the Applicant’s profile, the User may configure their interests and, thus, expressly authorise the sending of such communications or unsubscribe from them.
9. Level of Privacy in the Applicant’s Profile
- The level of privacy of MONDRAGON People shall always be the highest.
- The Applicant authorises the viewing of the curriculum and personal identification data exclusively by MONDRAGON and the companies to whose offers the Applicant have signed up. Thus, the offering company shall be able to view the Applicant’s updated curriculum.
10. Deactivation of the Service
- The Applicant may unsubscribe from the Service whenever they wish by accessing their user profile and requesting the definitive deactivation of their account. MONDRAGON shall handle the request for data deletion.
- The Applicant ma continue to maintain the account active, even if they have found a new job. They can continue in the Portal, deactivate alerts and, if necessary in the future to evolve in their professional career, activate them again.
- The data shall be processed by MONDRAGON while the Applicant makes use of the Service. In the event that the Applicant is inactive in the Service for a period of twelve (12) months, MONDRAGON shall delete the data from the profile and shall cancel the account, considering that the profile has been outdated and threatens the quality of the personal data.
11. Cookies Policy
All information regarding the processing of personal data is collected and detailed in the Cookies Policy.
12. Security of the Information
MONDRAGON undertakes to adopt the necessary technical and organisational measures to guarantee the security of personal data and to prevent their alteration, loss, treatment or unauthorised access, taking into account the state of the technology, nature of the stored data and risks to which they may be exposed, whether from human action or from the physical or natural environment.
13. Contract Termination
MONDRAGON may stop providing the Service for Users and Applicants, without any prior notification, in the following cases: (i) use by the User/Applicant in an unethical, offensive or incorrect manner, in violation of the T&Cs; (ii) failure to comply with any of the obligations assumed under these T&Cs;
14. Jurisdiction and Conflict Resolution
- These Conditions are governed by the Spanish law.
- MONDRAGON and the User/Applicant, expressly waiving any other jurisdiction, are subject to the Courts and Tribunals of the registered office of MONDRAGON for any dispute that may arise from the provision of the services subject to these T&Cs. In the event that the User/Applicant is domiciled outside of Spain, MONDRAGON and the User/Applicant also submit, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Bergara (Guipuzkoa).
- The relationship established between the Applicant and the Employers shall be submitted to the Courts and Tribunals of the Employer’s registered office.