These general conditions of contract (the “General Conditions”) apply to entities (the “Employers”) that wish to contract the services of BOOMERANG TALENT, S.L., with registered office at C/ Aribau 205, Planta 5, 08006 Barcelona, and CIF number B75922393 (“Boomerang Intelligence”), for the provision of the services chosen by the Employer through the Website (the “Services”).
The General Conditions establish the terms and conditions that govern the relationship between Boomerang Intelligence and the Employers, including the provision of the Services between Employers and Recruiters and/or Candidates, which will be further regulated by the particular conditions applicable to each Service (the “Particular Conditions”). Together, the General Conditions and the Particular Conditions are referred to as the “Conditions of Contract.” Registration by the Employer on the Website implies full acceptance of the Conditions of Contract. If the Employer does not accept them, the Services will not be contracted and, accordingly, no obligation or liability shall be assumed by Boomerang Intelligence and/or the Recruiter and/or the Candidate.
Boomerang Intelligence reserves the right to modify the content and/or scope of the Conditions of Contract at any time; therefore, before requesting any Services, the Employer shall carefully read their contents, as it is the Employer’s responsibility to review the Conditions of Contract in force at all times.
The Employer must register on the Website following the procedure provided therein. For subsequent requests for Services, the Employer shall only provide the email address and password in the “Log In” section.
Upon registration, the Employer will receive a notification from Boomerang Intelligence confirming that the registration process has been successful.
By registering on the Website, the Employer consents to Boomerang Intelligence using its distinctive signs on the Website and declares that it has full capacity to contract. To this end, Boomerang Intelligence reserves the right to request documentation from Employers at any time. In the event that the Employer does not comply with Boomerang Intelligence’s request or does not address it properly, Boomerang Intelligence may prohibit the Employer’s use of and/or access to the Website and revoke its status as an Employer.
If the Employer does not provide all required information and/or does not complete the registration procedure provided on the Website, it will not be registered as such and, therefore, may not benefit from the Services provided by Boomerang Intelligence.
Additionally, the Employer may come from another provider (the “External Platform”), in which case their profile will be registered and integrated directly into Boomerang Intelligence, provided that the Employer accepts the Conditions of Contract and the rest of the Website policies.
After registering with Boomerang Intelligence, the Employer must choose the Service mode and follow the procedure provided on the Website, which shall be governed by the Particular Conditions applicable to each type of Service.
Boomerang Intelligence will invoice the Employer the amount due in accordance with the Rate corresponding to the Service accepted through the Website.
The Employer must pay Boomerang Intelligence, by bank transfer or any other means of payment provided on the Website, within a maximum of thirty (30) calendar days from receipt of the invoice.
The Rate does not include VAT at the current legal rate or any other applicable tax.
In the event of non-payment of an invoice, Boomerang Intelligence may claim interest from the Employer at the statutory interest rate in effect at the time the Rate becomes due, without prejudice to Boomerang Intelligence’s option to terminate the Employer as provided for in the “Employer Cancellation” section.
Boomerang Intelligence acts as an intermediary and is therefore exempt from any liability and/or claim arising, directly or indirectly, from the execution of the Services, except with respect to incidents in the management of payments for the Services that are directly attributable to Boomerang Intelligence. Consequently, the Employer undertakes to keep Boomerang Intelligence harmless from any penalty, fine, compensation, and/or damages that may be imposed in connection with the provision of the Services.
Boomerang Intelligence shall not be liable for any damages that may accrue to Employers, directly or indirectly, from their access to or use of the platform, including, without limitation, damages affecting computer systems, those caused by the introduction of viruses and/or cyberattacks, or by outages, interruptions, or defects in communications and/or the Internet.
The Employer undertakes to fully comply with the obligations provided in these General Conditions, the Particular Conditions, and any other terms and conditions established by Boomerang Intelligence and/or applicable legislation at all times; consequently, the Employer shall be liable for any damages of any nature that Boomerang Intelligence may suffer as a result of a breach of such obligations.
The Employer also undertakes to contract the Services offered by the Recruiter through the Website and, therefore, shall not engage the Recruiter outside the Website or disregard the procedure and fees provided on the Website. In the event of a breach of this obligation, the Employer shall pay Boomerang Intelligence the Fee that would have applied had the Recruiter’s Services been contracted through the Website.
Both parties agree to maintain absolute confidentiality regarding each other’s Confidential Information. For these purposes, “Confidential Information” means any technical, commercial, financial, or business information to which either party has had access in connection with the provision of the Services.
Accordingly, the parties shall maintain the secrecy and confidentiality of all Confidential Information and shall not, at any time, sell, transfer, and/or disclose such Confidential Information, in whole or in part, to any third party, nor use it for any purpose other than that for which it was disclosed, without the prior written consent of the other party.
The obligation of confidentiality shall be of indefinite duration and shall remain in force after termination, for any reason, of the relationship between the parties, and shall be binding on the relevant employees and collaborators, both internal and external.
The obligation of confidentiality in this clause does not apply to (i) information that, at the time of disclosure, is already in the public domain; and (ii) information that, after disclosure, becomes public knowledge through publications or other means, without breach by the receiving party.
In accordance with EU General Data Protection Regulation 679/2016 (GDPR) and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), Boomerang Intelligence informs Employers that the personal data provided through the Website will be integrated into a file owned by Boomerang Intelligence in order to manage the intermediation of the Services and, in particular, the management of collections and payments arising therefrom. Employers may exercise their rights under applicable law at Boomerang Intelligence’s registered office or by email to atencion@beboomerang.es (Ref. RGPD).
The Employer shall provide Boomerang Intelligence with its current personal data, as well as any modifications thereto, so that the information contained in Boomerang Intelligence’s files is, at all times, up to date and error-free. The Employer shall be responsible for the accuracy of the data provided, and Boomerang Intelligence reserves the right to exclude from the Website and/or the Services any Employer that has provided false or fraudulent data, without prejudice to other legal actions.
In addition, if, in connection with the intermediation carried out by Boomerang Intelligence, Boomerang Intelligence accesses personal data held by the Employers, the following provisions shall apply:
Boomerang Intelligence will treat confidentially any personal data provided by Employers or to which it has direct access in connection with the Services.
Boomerang Intelligence will process such personal data according to the Employer’s instructions, will not apply or use them for any purpose other than those provided in these General Conditions, and will not communicate them, not even for storage, to other persons. If Boomerang Intelligence needs to subcontract part of the intermediation services and this entails processing the Employers’ personal data by a third party, Boomerang Intelligence will act in the name and on behalf of the Employers, for which it is expressly authorized under this clause.
Upon termination of the Employer’s relationship in accordance with the “Employer Cancellation” section, personal data shall be returned to the Employer, as well as any medium or document containing personal data subject to processing, in the format and on the media used to store such data, where appropriate.
Boomerang Intelligence states that it has implemented the necessary technical and organizational measures to guarantee the security of personal data—preventing alteration, loss, processing, and/or unauthorized access—taking into account the nature of the data processed and the risks to which such data may be exposed, all in accordance with the GDPR and the LOPDGDD.
To unsubscribe as an Employer, the Employer must notify Boomerang Intelligence by email using the contact details on the Website.
If the Employer fails to comply with any of the obligations provided in these Conditions of Contract and/or any other terms and conditions provided on the Website, Boomerang Intelligence reserves the right to immediately cancel the request and/or provision of the Services and/or remove the Employer from the Website, taking any technical measures necessary to that effect.
The relationship between Boomerang Intelligence and the Employer is one of intermediation and, therefore, strictly commercial. Consequently, there is no agency, joint venture, or employment relationship between the parties.
The Conditions of Contract constitute the only valid agreement between the parties in relation to the subject matter hereof and supersede any other contracts or agreements previously reached by the parties on the same subject matter, whether oral or written.
If any provision of the Conditions of Contract is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness shall affect only that provision or the part thereof which is null or ineffective, and the Conditions of Contract shall remain in force in all other respects, subject to the non-application of the affected provision, unless such provision is essential to the Conditions of Contract as a whole.
The General Conditions shall be governed by and construed in accordance with the laws of Spain.
For any discrepancy that may arise and is not resolved amicably, Boomerang Intelligence and the Employer, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction and competence of the Courts and Tribunals of Barcelona.
These Particular Conditions set forth the terms and conditions for the provision of the Services by Boomerang Intelligence to Employers.
The terms and definitions included in the Particular Conditions shall have the same meaning as in the General Conditions. In case of contradiction between the provisions of the General Conditions and the Particular Conditions, the latter shall prevail.
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In consideration for the Services, the Employer agrees to pay, on a success-fee basis, through Boomerang Intelligence, the amount of the Rate.
Once the Candidate has signed the contract with the Employer, if the Employer terminates the contract, dismisses the Candidate, or the Candidate voluntarily resigns within the first three (3) months (from the beginning of the Candidate’s professional activity in the Employer’s organization), the Recruiter will carry out a new selection of a Candidate for the same Employer free of charge. Conversely, if the Employer covers the guarantee on its own, Boomerang Intelligence will not issue a refund.
The guarantees will apply once per process, and only provided that termination of the Candidate’s contract is not based on a breach of contract by the Employer.
Boomerang Intelligence undertakes to refund the corresponding amount if the position is not filled within a period of no less than three months.
A Candidate who is part of a selection process carried out by Boomerang Intelligence shall be deemed to be their ownership for a period of two (2) years from validation. Therefore, if the Candidate is hired by the Employer (or any company in the same group), the Rate established in the selection process for which the CV was submitted by the Recruiter shall be due.
The Recruiter may not propose as a Candidate any employee of the same Employer within the timeframes established in the Guarantees section (from the date of completion of the last selection process); notwithstanding the foregoing, nothing prevents a Candidate who unilaterally and spontaneously, and, where appropriate, by mutual agreement with the Employer, from submitting their application to the same Employer independently.
Also, once a Candidate is hired by an Employer, they may not be included by Boomerang Intelligence in another selection process for other Employers for a period of one (1) year from their hiring and provided that they continue to be employed by that Employer.
These Particular Conditions shall terminate in the following cases:
(i) by express agreement of both parties;
(ii) for breach of obligations under the Particular Conditions; and
(iii) by unilateral termination by either party, provided that thirty (30) calendar days’ prior written notice is given.
Both parties agree to maintain absolute confidentiality regarding each other’s Confidential Information. For these purposes, “Confidential Information” means any technical, commercial, financial, or business information to which either party has had access in connection with the provision of the Services.
Accordingly, the parties shall maintain the secrecy and confidentiality of all Confidential Information and shall not, at any time, sell, transfer, and/or disclose such Confidential Information, in whole or in part, to any third party, nor use it for any purpose other than that for which it was disclosed, without the prior written consent of the other party.
The obligation of confidentiality shall be of indefinite duration and shall remain in force after termination, for any reason, of the relationship between the parties, and shall be binding on the relevant employees and collaborators, both external and internal.
The obligation of confidentiality contained in this clause does not apply to (i) information that, at the time of disclosure, is already in the public domain; and (ii) information that, after having been disclosed by a party, becomes public knowledge through publications or by other means, without breach by the other party.
The Employer and Boomerang Intelligence shall comply with the personal data protection regulations in force (in particular, GDPR 679/2016 and LOPDGDD 3/2018, and any regulations that develop and/or replace them) in relation to the personal data that they process and/or provide to the other party and, in particular, with respect to the personal data of Candidates that Boomerang Intelligence provides to the Employer.
The relationship between the Employer and Boomerang Intelligence is one of service provision and therefore strictly commercial. Consequently, no agency, joint venture, or employment relationship is created between them.
If the Employer and Boomerang Intelligence wish to modify any aspect of the Particular Conditions, they must agree to such modification through the corresponding Appendix, and notify Boomerang Intelligence by email for prior approval.
The Particular Conditions shall be governed by and construed in accordance with the laws of Spain.
For any discrepancy that may arise and is not resolved amicably, the Employer and Boomerang Intelligence, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of Barcelona.
