These general conditions of collaboration (the “General Conditions”) apply to entities (the “Recruiters”) that wish to collaborate with BOOMERANG TALENT, S.L., with registered office at C/ Aribau 205, Planta 5, 08006 Barcelona and Tax ID number B75922393 (“Boomerang Intelligence”), for the provision of the services chosen by Boomerang Intelligence through the Website (the “Service(s)”).
The General Conditions set out the terms and conditions governing the relationship between Boomerang Intelligence and the Recruiters. The relationship between Employers and Recruiters for the provision of the Services is regulated by the specific terms and conditions applicable to each Service (the “Specific Conditions”). Together, the General Conditions and the Specific Conditions are referred to as the “Conditions of Collaboration.” Registration by the Recruiter—and acceptance of each new process—on the Website implies full acceptance of the Conditions of Collaboration. If the Recruiter does not accept them, the collaboration on the Services will not take place and, consequently, no obligation or liability shall be assumed by Boomerang Intelligence.
Boomerang Intelligence reserves the right to modify the content and/or scope of the Conditions of Collaboration at any time; therefore, before accepting any Services, the Recruiter must carefully read their content, as it is the Recruiter’s responsibility to review the current Conditions of Collaboration in force at any given time.
The Recruiter must register on the Website following the procedure provided therein. For subsequent access, the Recruiter will only need to provide the email address and password in the “Log In” section of the Website.
Once registered, the Recruiter will receive a notification from Boomerang Intelligence confirming that the registration process has been successful.
By registering on the Website, the Recruiter agrees that Boomerang Intelligence may use the Recruiter’s distinctive signs on the Website and declares that it has full capacity to operate. To this end, Boomerang Intelligence reserves the right to request supporting documentation from the Recruiter at any time. If the Recruiter does not comply with Boomerang Intelligence’s request, or does not comply correctly, Boomerang Intelligence may prohibit use of and/or access to the Website and suspend or revoke the Recruiter’s status.
If the Recruiter does not provide all required information and/or does not complete the registration procedure provided on the Website, they will not be registered as such and, therefore, may not benefit from collaboration with Boomerang Intelligence.
After registering with Boomerang Intelligence, the Recruiter must follow the procedure set out on the Website, in accordance with the Specific Conditions applicable to each type of collaboration.
Boomerang Intelligence shall invoice the Employer the amount due in accordance with the Rate corresponding to the Service accepted through the Website. Based on this Rate, the economic model for the Specific Conditions applicable to each new process will be drawn up.
Boomerang Intelligence shall pay the Recruiter’s invoice 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 and the Conditions of Collaboration do 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 default interest from the Employer at the statutory interest rate in force at the time the corresponding amount becomes due.
Boomerang Intelligence acts as an intermediary and is therefore exempt from any liability and/or claim arising, directly or indirectly, from the performance of the Services, except in relation to incidents in the management of payments for the Services that are directly attributable to Boomerang Intelligence. Therefore, the Recruiter undertakes to hold Boomerang Intelligence harmless from any sanction, fine, compensation, and/or damages that may be imposed on Boomerang Intelligence as a result of the collaboration.
Boomerang Intelligence shall not be liable for any damages or losses that may be caused to Recruiters, directly or indirectly, by their access to or use of the Website, including, without limitation, those affecting computer systems, those caused by the introduction of viruses and/or cyberattacks, or any breakdowns, interruptions, absence, or defects in communications and/or the Internet.
The Recruiter undertakes to fully comply with the obligations set out in these General Conditions, the Specific Conditions, and any other terms and conditions provided by Boomerang Intelligence and/or applicable legislation at all times; consequently, the Recruiter shall be liable for any damages of any kind that Boomerang Intelligence may suffer as a result of a breach of these obligations.
The Recruiter is also obliged to collaborate through the Website with respect to the Services offered to the Employer and, therefore, may not be contracted outside the Website or without following the procedure and fees set out on the Website. In the event of non-compliance with this obligation, the Recruiter shall pay Boomerang Intelligence the Fee that would have applied had the collaboration taken place through the Website.
The Recruiter undertakes to keep Confidential Information secret. For these purposes, “Confidential Information” means any technical, commercial, financial, or business information of Boomerang Intelligence to which the Recruiter has had access in connection with the collaboration.
Accordingly, the Recruiter 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 Boomerang Intelligence.
The obligation of confidentiality shall be of indefinite duration, remaining in force after the termination of the collaboration, and shall be binding on the relevant employees and collaborators of the Recruiter, 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 disclosure by Boomerang Intelligence, becomes public through publications or other means, without breach by the Recruiter.
In accordance with EU General Data Protection Regulation 679/2016 (GDPR) and Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD), Boomerang Intelligence informs Recruiters that the personal data provided through the Website will be included in a file owned by Boomerang Intelligence for the purpose of managing intermediation in the Services and, in particular, managing collections and payments arising therefrom. Recruiters may exercise their rights under current legislation at Boomerang Intelligence’s registered office or by email to the contact address indicated on the Website (Ref. GDPR).
The Recruiter shall provide Boomerang Intelligence with 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 Recruiter will be responsible for the accuracy of the data provided, and Boomerang Intelligence reserves the right to exclude from the Website any Recruiter who has provided false or fraudulent data, without prejudice to any other legally appropriate actions.
If, as a result of intermediation carried out by Boomerang Intelligence, Boomerang Intelligence accesses the Recruiter’s personal data, the following shall apply:
Boomerang Intelligence will treat as confidential any personal data provided by the Recruiter or to which it has direct access as a result of the collaboration.
Boomerang Intelligence will process personal data held by Recruiters in accordance with their instructions, will not apply or use them for purposes other than those set out in these General Conditions, and will not communicate them, even for storage, to other persons. If Boomerang Intelligence subcontracts part of the intermediation services to a third party and this entails processing the Recruiters’ personal data by that third party, Boomerang Intelligence shall act in the name and on behalf of the Recruiters, for which it is expressly authorized under this clause.
When the Recruiter is deregistered in accordance with the Recruiter Deregistration section, personal data must be returned to the Recruiter, as well as any medium or document containing personal data subject to processing. The return shall be carried out, where appropriate, in the format and on the media used to store such data.
Boomerang Intelligence declares 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 it processes and the risks to which such data may be exposed, all in accordance with GDPR 679/2016 and LOPDGDD 3/2018.
To unsubscribe as a Recruiter, the Recruiter must inform Boomerang Intelligence by email using the contact details provided on the Website.
If the Recruiter fails to comply with any of the obligations set out in these Conditions of Collaboration and/or any other terms and conditions set out on the Website, Boomerang Intelligence reserves the right to immediately cancel the application and/or execution of the collaboration and/or remove the Recruiter from the Website, adopting any technical measures necessary for this purpose.
The relationship between Boomerang Intelligence and the Recruiter is one of intermediation and therefore strictly commercial. Consequently, no agency, joint venture, or employment relationship arises between the parties.
The Conditions of Collaboration constitute the only valid agreement between the parties in relation to the subject matter hereof and supersede any other contracts or agreements previously entered into by the parties in relation to the same subject matter, whether oral or written.
If any provision of the Conditions of Collaboration is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness shall affect only that provision or the part thereof that is null or ineffective, and the Conditions of Collaboration shall otherwise remain in full force and effect, subject to the non-application of the affected provision, unless it is essential to the Conditions of Collaboration 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 Recruiter, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of Barcelona.
These Specific Conditions set out the terms and conditions of the collaboration between Boomerang Intelligence and the Recruiter.
The terms and definitions included in the Specific Conditions shall have the same meaning as in the General Conditions. In the event of contradiction between the provisions of the General Conditions and the Specific Conditions, the latter shall prevail.
Once the Recruiter is proposed by Boomerang Intelligence for a specific selection process, and the Recruiter accepts the assignment within a maximum of three (3) calendar days of receiving notification from Boomerang Intelligence, the Recruiter undertakes to provide the Employer with the Candidate Selection service (the “Candidates”) in accordance with these Specific Conditions.
By accepting the assignment, the Recruiter warrants to the Employer that:
the Services provided to the Employer will not infringe any applicable laws or third-party rights, including those of Boomerang Intelligence; and
the Recruiter has the capacity, experience, and the necessary authorizations and/or permits to perform the Services.
In consideration for the Recruiter’s services under the collaboration, Boomerang Intelligence shall pay the amount established for each new collaboration process.
If the Recruiter must incur certain expenses for the proper provision of the Services to the Employer (such as travel and subsistence), the Recruiter must notify Boomerang Intelligence in writing so it can consult with the Employer and obtain the Employer’s prior written approval.
Once the Candidate has entered into a contract with the Employer, if the Employer terminates the contract, dismisses the Candidate, or the Candidate voluntarily resigns within the first three (3) months (counting from the start of the Candidate’s professional activity in the Employer’s organization), the Recruiter will carry out a new candidate selection for the same Employer free of charge.
The guarantees shall 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.
A Candidate who is part of a selection process carried out by Boomerang Intelligence shall be considered the Recruiter’s ownership for a period of two (2) years from validation. Therefore, if the Candidate is recruited 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 accrue.
The Recruiter may not propose as a Candidate any employee of the same Employer within the time limits set out in the Guarantees section (from the date of completion of the last selection process).
Furthermore, once a Candidate has been hired by an Employer, they may not be included by Boomerang Intelligence in any other Employer’s selection process for a period of one (1) year after being hired and while they remain employed by that Employer.
These Specific Conditions shall terminate in the following cases:
(i) by express agreement of both parties;
(ii) for breach of obligations under the Specific Conditions; and
(iii) by unilateral termination by either party, provided that thirty (30) calendar days’ prior written notice is given.
Both parties undertake to keep the other party’s Confidential Information strictly confidential. For these purposes, “Confidential Information” means any technical, commercial, financial, or business information to which a party has 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 the 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 regulated in this clause does not apply to (i) information which, at the time of disclosure, is already in the public domain; and (ii) information which, having been disclosed by one party, enters the public domain through publication or otherwise, without breach by the other party.
The Recruiter and Boomerang Intelligence shall comply with the personal data protection regulations in force (in particular, GDPR 679/2016 and LOPDGDD 3/2018, and any regulation that develops and/or replaces them) in relation to the personal data that they process and/or provide to the other party and, in particular, in relation to the personal data of the Candidates that Boomerang Intelligence provides to the Recruiter; in this regard, Boomerang Intelligence warrants compliance with applicable obligations.
The relationship between the Recruiter and Boomerang Intelligence is one of provision of services and, therefore, strictly commercial. Consequently, there is no agency, joint venture, or employment relationship between them.
If the Recruiter and Boomerang Intelligence wish to modify any aspect of the Specific Conditions, this must be agreed through the corresponding Appendix, and notified by email to Boomerang Intelligence for prior approval.
The Specific 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 Recruiter and Boomerang Intelligence, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of Barcelona.
