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Terms and conditions of Use

1. Subject and general comments

These Terms and Conditions of Use (hereinafter, “Terms and Conditions”), regulate the use of the service of publishing job offers and managing resumes of candidates (hereinafter, “Services”) offered at the following website www.osclass.com (hereinafter, “Website” or “Portal”), property of Osclass S.L. (hereinafter, “Osclass”), VAT Reg.No. B-65307910 and registered in the Companies Register of Barcelona under Book 41.817, Page 204, Sheet B-398.088, and registered office at Avda. Diagonal, 601, 9th floor, 08028, Barcelona (Spain).

By registering or using Services offered on this Website, the User accepts totally and without any exception this Terms and Conditions.

2. User responsibilities

2.1. In order to have an access to the services offered on the Website, it is necessary that the User register on the Portal. During the registration process, the User is obliged to provide the accurate and lawful information. Osclass, on its part, may establish different authentication systems on the Website so that the Users have to validate themselves using identifiers and/or passwords in the registration process.

If the Website validates the User through identifiers and passwords, both the identifier and the password belong exclusively to the granted User. The User is the unique person responsible for his/her identifier, password and/or access codes and should keep them confidential; the User is the only person responsible for the consequences arising from passing this data to the third parties, without prejudice to the right to refrain from making up any damages or harms caused as a consequence of such act by Osclass.

2.2. The User commits himself/herself to make a proper use of the services offered by Osclass on this Portal and refrain from (i) carrying out illegal, illicit or contrary to the good faith of the society activities, (ii) distributing any content or propaganda related to racism, xenophobia, pornographia, terrorism, illegal nature and/or violating human rights, (iii) causing damages to hardware or software of Osclass, its suppliers or third parties and introducing or distributing virus, malware or any harmful hardware or software that might cause mentioned damages, (iv) trying to access and/or use an account of other User and modify or manipulate his/her job offers and (v) failing to fulfil any of the obligations arising from the content of this Terms and Conditions and especially, the one arising from the personal data protection.

3. Osclass obligations

3.1. Provide Users with the Services defined in this Terms and Conditions at any time.

3.2. Fulfilment of all the obligations deriving from this Terms and Conditions and especially those regarding the confidentiality and protection of personal data.

3.3. Osclass will use reasonable technical solutions and media in order to provide secure environment of its Services. Notwithstanding the aforementioned, the User accepts and understands that by using Services on this Website he/she does not have any antivirus protection.

3.4. Osclass guarantees the access and the availability of the Services, apart from the maintenance periods, unforeseen circumstances, circumstances depending from third parties or that are beyond control of Osclass. Notwithstanding the aforementioned, a part of Services or its entirety might be interrupted temporarily due to the reparations, actualizations or maintenance.

3.5. Osclass guarantees that it has taken all the necessary measures to prevent an access or unauthorized use of stored information, its transformation, elimination or extraction.

4. Contact details and CV

When you provide personal data as well as residency information, you are authorising Osclass SL to use these data as specified in this document. You agree that, as a part of the services we offer, Osclass or any third party, may contact with you through your Osclass account or through any other available means of contact, by using your contact details, for example, email address, phone number or postal address.

To the extent permitted by the law, Osclass or its partners, may also use your personal data to send you job offers;(ii) sign up in new websites; (iii) sending periodical information regarding Osclass and its activities. Osclass may use the information contained in your CV attached to any job offer to personalise navigation on Osclass website, show information which Osclass consider may be of your interest and, indeed, information that match your interests.

Your data will be included into Osclass files once you upload or fill in your CV in Osclass and, whenever possible according to your privacy preferences, CV, name and any other personal data included in the document, it will remain available to third parties interested in a prospective hiring; this data will be displayed by internet search engines. This data may be tracked and displayed by search engines when someone makes a search with your name and surname. Thus, third party users, outside to Osclass may read the information contained in your CV and, therefore, may be able to contact without your previous authorization. If you do not want to allow this, you should delete any CV, file or data which has been previously uploaded to the Osclass website, as well as indicate your preference to not being contacted through our site, or unsubscribe from it. Osclass reserves the right to charge a monetary amount to third parties in return for granting access to your labour information always wuth a view to a prospective job offer. In addition, Osclass will be able to send your CV to third party companies.

Osclass allows any user to use the Osclass site. If you fill in or upload your CV to Osclass, if you apply to any job offer published on Osclass or either if you use Osclass services, you are giving Osclass explicit consent to use your personal data you have provided us with, as expressed in this document and the Conditions of service.

5. Osclass responsibilities

5.1 Osclass is going to provide all the necessary technological solutions in order to facilitate the reasonable use of its Services continuously.

5.2. Notwithstanding the aforementioned, the User will not hold Osclass responsible for damages and harms caused by circumstances that are beyond its control, such as: (i) in case of data deviation or system collapse by suppliers caused by exceptional circumstances beyond Osclass control; (ii) as a consequence of interferences caused by third parties in communication and/or data transmission used by the User; or (iii) bad running or break in Services by virtue of bad faith, fault, error or any act of the User or third parties.

5.3. The User commits to inform immediately about any incident he/she detects in the Service via e-mail to datos@osclass.com

If the User does not report immediately on this incident by sending an email to the address provided in the previous paragraph, Osclass will not be responsible for any damages or harms experienced by the User and related to the incident.

5.4. The User is the only person responsible for the information provided during the use of Services on this Portal and therefore, will have total responsibility on the consequences derived from such circumstances. In this sense, the User will keep Osclass fully unhurt from any damage or harm that might have been caused from such circumstances.

5.5. In any case, Osclass is not responsible for the veracity, legitimacy and the source of the information provided by the Users during publishing their job offers or using any of the tools in the Portal.

5.6. The User refrains from any behaviour during the use of Services that might break a intellectual or property law of Osclass or third parties, that harms or violates dignity, personal or family privacy or the image of third parties, or illegal and attempts against the society and keeps Osclass free of any reclamations, legal or any other consequence of such use.

The User will pay all the damages and costs, that includes reasonable fees of lawyers and attorneys, although its intervention might not be mandatory, and all the expenses imposed over Osclass for final judgement or decision of corresponding tribunal, or reached in a contractual agreement, attributable to the reclamation.

5.7. Any modification, change and/or alteration of the information provided by the User on the Portal during the use of the Services, will be done by the User on his/her responsibility and risk.

6. Personal data protection

6.1. Whether during the use of Services it becomes necessary for Osclass to access and modify the personal information being the responsibility of the User (hereinafter, “Data”), Osclass announces to know its obligations defined in the article 12 of Organic Law 15/1999, of 13th December, Protection of Personal Data (hereinafter, “LOPD”) and its ordinance, and commits to fulfil its obligations on a compulsory basis. According to aforementioned and determined in the article mentioned, if Osclass have to access the Data under the User’s responsibility in order to offer its Services, it will not be considerate enough to be communicated or Data transfer according to the article 11 of LOPD.

6.2. The User is the only person Responsible for the File or Treatment according to the current legislation. In any case these Terms and Conditions gives over to Osclass the responsibilities for the File or Treatment. In this sense, the User commits and guarantees to have complied with the obligations defined in LOPD and its ordinance that concern him/her as the Responsible of Data Treatment which assigns to Osclass with its treatment in order to offer the Services.

6.3. During the use of the Services, Osclass as a responsible of treatment, gathers all the personal data on behalf of the User. The User on its part commits to comply with his/her obligations established in LOPD and its ordinance corresponding to the Responsible of Data Treatment during the use of the Services, particularly with his/her duty to information defined in article 5 of LOPD.

Therefore, the User should include to the published job offers a link to the Privacy Policy so the other Users can consult it at any time.

6.4. In compliance with the article 12 of LOPD, Osclass commits to:

  • Deal the Data it has access to exclusively and only in order to carrying out the Services and in any other case, in accordance with the instructions that might be provided by the User.
  • Do not send or assign any Data with any other aim, nor communicate it to any other third party, even for saving it, unless it has been previously clearly authorized by the User in writing. Osclass will not be liable for receiving or communicating the personal data to third parties, clearly expressed previously by the User, both during the Service or already finalized.
  • Destroy or send back the Data to the User or any other person previously designated it has had an access, both during the Service or already finalized.

    If there is a legal order demanding its conservation, the Data will not be deleted; in this case Osclass will proceed to return them to the Client.

    Osclass will only save the Data properly blocked, that might lead to Osclass responsibilities in its relationship with the User.
  • Maintain the technical and organizational measures necessary to guarantee the security, confidentiality and integrity of the Personal Data and avoid its alteration, loss, treatment or non authorized access according to the Regulations of LOPD, approved by Real Decret 1720/2007, 21st December (hereinafter, “Regulations”), having into account the technology, the kind of data and risk they might undergo. Particularly, Osclass declares to have effectively implemented all the security measures at medium level according to the Regulations, providing the mandatory Security Document with all the security measures described.

    Where applicable, the User commits to inform Osclass immediately the necessity to implement the security measures at high level regarding the Data treatment.

6.5. Each of the parties involved commits to keep unharmed the other of any type of harm, damage, cost and/or fine of any order, especially, the one that are a result of any notice initialed by the Spanish Data Protection Authority (AEPD), as a consequence of failure of corresponding obligations and guarantees assumed in these Terms and Conditions as well as inobservance of the obligations that in its corresponding conditions of the Responsible of the File and Responsible of Treatment are necessary in accordance with the regulation of Personal Data Protection.

7. Refund policy for paid services

7.1. General Terms

Premium services are not obligatory and are available from Osclass.com dashboards at yourdomain.osclass.com/oc-admin By selecting any of the paid services, the User agrees to pay the required fee indicated for each of them. Payments will be charged on the day the User sign up for a premium service and will cover the use of that service for a subscription period as indicated.

7.2. Automatic renewal

Once a premium service has been acquired, but the User wants to correct/cancel it, the User has to contact Osclass within 72 hours from the moment of purchase. After this time, all the premium services purchased are final and non-refundable.

7.3. Osclass denies to offer services

Osclass can deny to offer its services to the Users who do not comply with the Terms and Conditions and can delete the accounts without preview warning. In case of premium services, Osclass will notify the User about its decision and will refund all the fees entirely. Please see also point 9 of the Terms and Conditions.

8. Cookies

In Osclass we use a cookie (Google Analytics) that provides us information about the way the Users use our website, how they have arrived to it, the number of unique users and duration of their visits. If you continue to browse the website without changing its configuration, you accept receiving the cookie on this website. For more information, please click here.

To delete all the cookies, click here.

9. All rights reserved

Osclass reserves the right to delete or remove, temporarily or permanently, any content that violates the dignity of another person, such as discriminatory, racist, xenophobic, pornographic, illegal or violating the dignity of children or public security or that is not appropriate for this Website.

Osclass may ban access to the Portal to the User that is suspected or said to use the Services in different than described in these Terms and Conditions way, or when accessing the Website the User will disrupt the use of the system.

10. Amendments to General Conditions

Osclass reserves the right to modify an appearance and configuration of this Website at any time and without prior warning, as well as these Terms and Conditions. The Users will always have a free access to these Terms and Conditions available in a visible place and without a time limit or similar. The Users are committed to read carefully these Terms and Conditions each time they access to the Portal. In any case, the acceptation of these Terms and Conditions is a previous step and necessary to use the Services offered on this Website.

11. Communications between Osclass and the User

All the communications between the User and Osclass related to these Terms and Conditions or to the use of the Services offered through the Website, will be done in accordance with the communication procedure defined in these Terms and Conditions.

Should they not be regulated by Terms and Conditions, all the communication to Osclass will be forwarded to the Osclass address indicated in the 1st condition and will be forwarded in writing and by a system confirming the reception of all the communication by Osclass.

12. Integrity of General Conditions

The General Conditions, Privacy Policy and Legal Policy are express will of Osclass and the User regarding the object and invalidate and replace all the previous agreements and contracts between the parties.

13. Severability

If any provision of these Terms and Conditions is declared invalid, it shall withdraw or replace it. In any case, such declaration of invalidity shall not affect the validity of the remaining provisions in these Terms and Conditions.

14. Jurisdiction and applicable law

These Terms and Conditions should be interpreted and applied in accordance with Spanish law. In case of any discrepancy or claim between the parties regarding the content or executing the General Conditions, the parties are submitted to courts and tribunals of Barcelona.