- You are a person with sufficient capacity to contract.
- You assume all the obligations here arranged. If you act on behalf of a legal person, you declare that you have sufficient power of representation to do so.
- You are at least eighteen (18) years old.
- If you do not understand or have doubts about this document before hiring, you will consult HIREFLIX in writing to resolve them.
1. The parties
The service provider is HIREFLIX, S.L. (hereinafter, "HIREFLIX"), with CIF B-67189183 and address in Travessera de Gracia, 15 - planta sob, puerta 2, 08021 Barcelona, España, mercantile company registered in the Mercantile Registry of Barcelona in Volume 46365, Sheet 95, Page B-517676.
- User: The natural or legal person who contracts with HIREFLIX.
- Services: online video interview activity provided by HIREFLIX and contracted by the User.
- Service Provider: HIREFLIX is the legal person that provides or performs the Services.
- Candidate: A natural person who is interviewed by the User through the Services provided by HIREFLIX.
4. Requirements for the contracting and use of the Services
The requirements to be able to contract a Service are:
- To have the legal capacity to contract.
- In order to contract a Service, it will be necessary to have a device with Internet access. Such access to the Internet may generate a consumption of connection data and may entail an expense for the User who is solely responsible for such consumption. The Users understand that if the device from which they want to contract a Service has no connection, they can not make use of the Services.
The User must use the Services for his/her own use and must be registered and have an account with HIREFLIX in order to use the Services.
The User is responsible for maintaining the confidentiality of the account data and password, as well as for restricting access to his/her Internet access device. Likewise, the User is responsible for maintaining the confidentiality of the personal data of the Candidates who are contacted through the use of the Services. To the extent permitted by applicable law, the User is solely responsible for maintaining under its control the account access data and understands and accepts that all operations carried out with its username and password are binding.
6. Process of contracting the Services:
The contracting process will be carried out in Spanish and English. The steps will be the following ones for the contracting of the Services:
- Send request for access to beta using the contact form at hireflix.com
- User registration using the registration form for beta
- Confirmation of the account using the link sent to the registered email address
7. Price and payment methods.
Hireflix is a paying service for the User.
8. Limitation of liability. Exclusion of warranties.
8.1. Content of the Services
The Services offered by HIREFLIX are intended for explicit and specific uses and purposes. HIREFLIX will not be held responsible in the event that the User's expectations of the Services are frustrated, and other uses or purposes have been attributed which have not been fulfilled by the end of the Services.
8.2. Devices and browsers
HIREFLIX is not responsible for the possible damages that could be produced by the fact of using devices with defective access to Internet or versions of navigators not updated, or as a consequence of the bad functioning of the device or navigator.
9. Intellectual and industrial property
The intellectual and industrial property rights over the website, its contents (including but not limited to texts, documents, photographs, graphics, images, icons and their design) are the property of HIREFLIX, and none of the intellectual or industrial property rights existing over them may be understood to have been assigned to the User.
CWhen technically possible, in the event that the User provides any type of opinion, assessment or content through the Service, he/she declares to be the holder of the rights over these contents or to have the necessary authorisation or licence from their owner and expressly declares that he/she does not infringe the rights of any third party. The User assigns to HIREFLIX, free of charge, the rights of public communication, reproduction, distribution and transformation for use in HIREFLIX.
The User accepts that HIREFLIX will keep a copy of the first videoconference interview with each Candidate, also that HIREFLIX holds the rights of image, public communication, reproduction, distribution and transformation over such copy for the worldwide territorial scope and for the maximum term of protection foreseen by the applicable intellectual property legislation.
10. Data protection
10.2. Processor clause
Object: To regulate the relationship between the User, as Data Controller, and HIREFLIX, as Data Processor, for the purposes of complying with the provisions of Article 28 of Regulation (EU) 2016/679. Duration: The validity of this clause shall be equal to that of the provision of the Services contracted. Nature and purpose of the treatment: The treatment of the data will be carried out solely and exclusively for the purpose of providing the Services. Type of personal data and categories of interested parties: Unless the User specifies any modification, the data that may be subject to processing are non-sensitive data relating to Candidates. Obligations and rights of the User: a) Give or allow HIREFLIX access to the data specified in this clause; b) Carry out an privacy impact assessment on the protection of personal data of the processing operations to be carried out by HIREFLIX, when applicable; c) Carry out the corresponding prior consultations; d) Ensuring, prior to and throughout the processing, that HIREFLIX complies with Regulation (EU) 2016/679; e) Supervising the processing, including the performance of inspections and audits; f) Facilitating the right to information at the time of data collection; g) Complying with the other obligations that Regulation (EU) 2016/679 establishes for the Controller. Obligations of HIREFLIX: a) Process personal data only following the User's documented instructions, including the respect to transfers of personal data, unless there is the obligation to do so by virtue of the law of the Union or of the Member States; in such case, HIREFLIX will inform the User of this legal requirement prior to processing, unless such law prohibits it for important reasons of public interest; b) Guarantee that the persons authorized to process personal data have undertaken to respect confidentiality; c) Take all necessary measures in accordance with Article 32 of Regulation (EU) 2016/679; d) Do not subcontract the processing of the data to other processors, without the prior written authorization of the User. When HIREFLIX has recourse to another processor to carry out certain processing activities on behalf of the User, HIREFLIX shall impose on this other processor, by contract, the same data protection obligations as those stipulated in this clause. If this other party fails to comply with its data protection obligations, HIREFLIX shall remain fully liable to the User for the performance of the other party's obligations; by means of this clause, the User authorises HIREFLIX to subcontract with the following categories of sub-contractors: hosting and communications providers, management software and technical support. e) Assist the data controller, taking into account the nature of the processing, through appropriate technical and organisational measures, whenever possible, so that the data controller can fulfil its obligation to respond to requests for the exercise of data subjects' rights; f) To help the User to ensure compliance with the obligations established in Articles 32 to 36 of Regulation (EU) 2016/679, taking into account the nature of the processing and the information at the disposal of the data processor; g) Unless otherwise indicated by the User, to delete all personal data once the provision of the Services has ended, as well as to delete existing copies, unless the conservation of personal data is required by virtue of the law of the Union or of the Member States; h) Make available to the User all the information necessary to show compliance with the obligations established in this clause, as well as to allow and contribute to the performance of audits, including inspections, by the User or another auditor authorized by the User; i) Immediately inform the User if, in the opinion of HIREFLIX, an instruction violates Regulation (EU) 2016/679 or other provisions on data protection of the Union or the Member States; j) Comply with any other obligation that corresponds to it in accordance with current legislation on data protection.
11. Nullity or ineffectiveness
12. Applicable law and competent jurisdiction