GENERAL USAGE CONDITIONS
The present Legal Notice establishes the usage terms and conditions that regulate access to and use of the website www.swolfgroup.com (hereinafter the Site or Website), owned by STAFF PREMIUM, SL, which makes the website available to internet users, with the aim of providing them information on recruiting and procuring personnel for events and promotions.
To this end, the identifying data and contact details of the service providers are set out below: STAFF PREMIUM, SL, with CIF (Spanish corporate tax ID) B87588976, with registered address for these purposes at Calle Aribau 171, Principal 1ª, 08036 Barcelona.
We welcome you to our site and suggest that you read the General Usage Terms and Conditions for this Website carefully (hereinafter the ‘General Usage Conditions’), which describe the terms and conditions that will be applicable when browsing on the Site, in accordance with that which is established in applicable Spanish regulations. As STAFF PREMIUM, SL may modify these General Usage Conditions in the future, we recommend that you read them occasionally so that you are duly notified of any changes made.
With the hope that use of the Website is adapted to criteria of transparency, clarity and user-friendliness, we would like to tell you that any suggestion, question or query on the General Usage Conditions will be welcomed and resolved by contacting STAFF PREMIUM, SL at the address set out above.
STAFF PREMIUM, SL provides the contents and services that are available on the Website, subject to the present General Usage Conditions, as well as the policy on personal data processing (hereinafter the ‘Data Protection Policy’). Access to this Website and its use in any way qualifies you as a ‘User’ and involves your unreserved acceptance of each and every one of the present General Usage Conditions, where we have the right to modify them at any time. Consequently, all Users will be responsible for carefully reading the General Usage Conditions in force every time they access this Website, so that if you do not agree with any of the conditions set out herein, please abstain from using the Website.
You are also notified that particular conditions may occasionally be established for using specific contents and/or services on the Website, where the use of these contents or services will involve accepting the particular conditions specified for them.
Through the Website we offer Users the possibility to access information on hiring and procuring personnel for events and promotions (hereinafter the ‘Services’).
3. Privacy and data processing
When it is necessary to provide personal data to access specific contents or services, Users will guarantee their truthfulness, exactitude, authenticity and validity. The company will process these data in different ways depending on their nature and purpose, under the terms set out in the Data Protection Policy section.
4. Intellectual and industrial property
Users acknowledge and accept that all contents displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, tradenames, brands and any other signs liable for industrial and/or commercial use are subject to intellectual property rights and all brands, tradenames and distinctive signs, all industrial and intellectual property rights on the contents and/or any other items inserted on the page, which are proprietary to STAFF PREMIUM, SL and/or third parties, who hold the exclusive right to use them in the course of trade. Due to the above, Users pledge to not reproduce, copy, distribute, make available or in any other way publicly disclose, transform or modify these contents, where the company is held free from harm from any claims stemming from the breach of these obligations. Accessing the Website shall never represent any type of waiver, transmission, license or total or partial assignment of these rights, except when otherwise expressly established. The present General Usage Conditions for the Website do not confer Users any other right for usage, alteration, operation, reproduction, distribution or public disclosure of the Website and/or its contents other than those expressly set out herein. Any other use or operation of any rights will be subject to previous express authorisation specifically granted to this end by the company or by the third party who owns the rights in question.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on this Site, as well as the Site as a whole, as a multimedia artwork, are protected as author rights by intellectual property legislation. The company owns the items making up the Website’s graphic design, the menus, browsing buttons, HTML code, texts, images, textures, graphics and all other contents on the Website, or holds the pertinent authorisation to use these items. The contents available on the Website cannot be reproduced either totally or partially, or transmitted or registered by any information retrieval system in any way or on any medium, unless previous written authorisation is held from the aforesaid company.
Deleting, circumventing and manipulating the copyright are also prohibited, as well as with regard to the technical protection devices and any information mechanisms that the contents could contain. Users of this Website pledge to respect the aforesaid rights and to avoid any action that could damage them, where the company always reserves the right to exercise as many legal resources or actions available to it to defend its legitimate intellectual and industrial property rights.
5. Obligations and responsibilities of Users of the Website
Users pledge to:
a) Use the Website and its contents and services lawfully and properly, in accordance with: (i) legislation applicable at all times; (ii) the General Usage Conditions for the Website; (iii) generally accepted morality and best practices; and (iv) public order.
b) Have all technical media and requirements necessary to access the Website.
c) Provide true information when filling out the forms on the Website with personal data and keep them updated at all times so that they reflect Users’actual situation at all times. The User shall be the sole party responsible for false or inexact statements made and any damages this causes to the company or third parties due to the information provided. Despite that which is set out in the previous section, the User must also refrain from:
d) Making unauthorised or fraudulent use of the Website and/or the contents for unlawful purposes or effects, which are prohibited in the present General Usage Conditions, damage third party rights and interests, or that in any other way could damage, render useless, overload, wear down or prevent the normal usage of the services or documents, files and all types of contents stored on any computer equipment.
e) Accessing or trying to access restricted resources or areas of the Website, without meeting the conditions required for this access.
f) Causing damages to the Website’s physical or logical systems or those of its providers or third parties.
g) Entering or disseminating computer viruses on the web or to any other physical or logical systems that could causes damages to the physical or logical systems of the company, its providers or third parties.
h) Trying to access, use and/or manipulate the data of the company, third party providers or other Users.
i) Reproducing, copying, distributing and permitting public access by any means of public communication, unless the pertinent authorisation of its owner is held for the rights in question or this is legally permitted.
j) Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other identifying data on the rights of the company or third parties added to the contents. This includes technical protection devices and any information devices that may be inserted into the contents.
k) Obtaining or trying to obtain the contents, employing to this end media and procedures other than those that, where applicable, are made available for this purpose or expressly indicated on the webpages on which said contents are located or, in general, those that are commonly used on the internet due to not entailing any risk of damage or disablement of the Website and/or its contents.
l) In particular and including but not limited to the following items, Users pledge to not transmit, disseminate or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any type of material that: • Is contrary to, undermines or violates the fundamental rights and public liberties that are recognised in the Spanish constitution, in international treaties and in all other legislation in force.• Induces, incites or promotes criminal, denigrating, defamatory, violent or in general contrary to law, morality, generally accepted good usage customs and public order.• Induces, incites or promotes discriminatory actions, attitudes or thoughts by way of gender, race, religion, beliefs, age or condition.• Incorporates, makes available or permits access to products, items, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, unlawful, contrary to morality and to generally accepted good customs or public order.
- Induces or could induce an unacceptable condition of anxiety or fear.
- Induces or incites involvement in dangerous or risky practices or that are damaging to the health or mental stability.
- Is protected by legislation on intellectual or industrial protection held by the company or third parties without first receiving authorisation for this use.
- Is contrary to the right to honour, personal or family privacy or people’s own images.
- Constitutes any type of advertising.
- Includes any type of virus or program that prevents the normal operation of the Website.
If Users are provided with a password for accessing some of the services and/or contents on the Website, they are obligated to use it conscientiously, keeping it secret at all times. Consequently, Users will be responsible for their suitable safeguarding and confidentiality, pledging to not transfer it to third parties either temporarily or permanently, and to not permit access to these services and/or contents by other people. Users also must notify the company of any event that could entail undue use of their password including, but not limited to, its theft, loss or unauthorised access, with the aim of immediately cancelling it. Consequently, while this notification has not been made, STAFF PREMIUM, SL will be exempt from any responsibility that could stem from the improper use of their passwords, where Users are responsible for any unlawful use of the Website contents and/or services by any illegitimate third party. If any of the obligations established in these General Usage Conditions are breached due to negligence or malicious intent, they will be held liable for all damages and losses that could occur to the company due to this breach.
STAFF PREMIUM, SL does not guarantee the continued access or correct displaying, downloading or utility of the items and information contained on the Website that could be blocked, difficult to use or interrupted because of factors or circumstances outside of its control. It will not be held responsible for any decisions that could be adopted as a consequence of access to the offered contents or information.
STAFF PREMIUM, SL may interrupt service or immediately terminate relations with any User if use of its Website or any of the services offered therein is contrary to the present General Usage Conditions. It will not be held liable for damages, losses, claims or expenses incurred from use of the Website.
It will only be responsible for deleting the contents as quickly as possible that could lead to these damages, provided that it is notified to this end. In particular, damages that it shall not be held liable for include, but are not limited to:
a) interferences, interruptions, failures, omissions, telephony breakdowns, delays, blocks or disconnections to the operation of the electronic system, caused by deficiencies, overloads or errors to the telecommunications lines or networks, or any other cause outside of the company’s control.
b) unlawful intrusions through the use of malware of any type or through any communication media, such as computer viruses or any others.
c) undue or unsuitable abuse of the Website.
d) security or navigation errors caused by the browser operating poorly or use of its versions that are not updated. Company administrators reserve the right to totally or partially remove any contents or information on the Website.
STAFF PREMIUM, SL is exempt from any responsibility for damages and losses of any type that could be due to the poor use of the services that are freely available and used by Website Users. It is also exempt from any responsibility for any contents or information that may be received as a consequence of the data collection forms, as they are solely for the purpose of consultation and question response services. Moreover, if damages and losses are incurred due to the illegal or incorrect use of these services, Users can be claimed for any damages and losses caused.
Users will protect, compensate and keep the company free from harm from any damages and losses that stem from third party claims, actions or demands due to their access or use of the Website. You are the User are also obligated to compensate for any damages and losses that are incurred due to using robots, spiders, crawlers or similar tools employed with the aim of collecting or extracting data or any other action they do that puts an unreasonable load on Website operation.
Users are obligated to not reproduce in any way, not even via a hyperlink, the Website or any of its contents, except after obtaining express written authorisation from the file controller.
The Website includes links to other websites managed by third parties, with the aim of facilitating the User’s access to information on collaborating and/or sponsor companies. Due to this, the company shall not be held responsible for the contents on these websites and does not endorse and is not an offering party of the services and/or information third parties may offer via third party links.
Users are granted a limited, revocable and non-exclusive right to create links to the Website homepage exclusively for their private and non-commercial use. The websites that include a link to our Website (i) cannot falsify their relationship or state that the link was authorised, or include brands, names, tradenames, logos or other distinguishing signs of our company; (ii) cannot include contents that could be considered in bad taste, obscene, offensive, controversial, that incite violence or discrimination based on gender, race or religion, contrary to public order or illegal; (iii) cannot link to any page on the Website other than the homepage; (iv) must link to the actual Website address without letting the website making the link reproduce the Website as part of its web or inside one of its frames or create a browser for any of the Website pages. STAFF PREMIUM, SL may request that any link to the Website is deleted at any time, after which time it must be immediately deleted. STAFF PREMIUM, SL cannot control the information, contents, products or services provided by other websites that have links to the Website.
8. Data protection
To use some of the services, Users must first provide some personal data. To this end, STAFF PREMIUM, SL will process mixed personal data, in compliance with Law 3/2018 of 5 December on Personal Data Protection. Users can access the policy followed when processing personal data, as well as the establishment of the previously established purposes, as set out in the conditions defined in the Data Protection Policy on this Website.
Cookies are files sent to a browser by a Website server to record the Users’ browsing on the Website, when Users accept their receipt. If you as the User want, you can configure your browser so that you receive an on-screen notification of the receipt of cookies or to block the installation of cookies on your hard drive. Please read the instructions and manuals for your browser to find out more about this subject.
Owing to cookies, it is possible for STAFF PREMIUM, SL to recognise the browser on the computers used by Users, with the aim of providing contents and offering the browsing and advertising preferences that Users, the Users’ demographic profiles, as well as to measure the visits and parameters of traffic and to control the progress and number of visits (See Privacy and Cookies Policy).
10. Term and termination
The provision of the service on the present Website and the other services have an open-ended term at first. However, STAFF PREMIUM, SL may terminate or suspend any of the services on the Website. When possible, STAFF PREMIUM, SL will announce the termination or suspension of the provision of the service in question.
11. Declarations and guarantees
In general, the contents and services offered on the Website are merely informative. Therefore and by offering them, STAFF PREMIUM, SL makes no guarantee or any declaration with regard to the contents and services offered on the Website including, but not limited to, guarantees of lawfulness, reliability, utility, truthfulness, exactitude or marketability, except to the degree to which these declarations and guarantees cannot be excluded by law.
12. Force majeure
STAFF PREMIUM, SL shall not be responsible if it should be impossible to provide service if this is due to extended interruptions to the electrical supply, telecommunications lines, social conflicts, strikes, rebellions, explosions, flooding, government acts or omissions or, in general, any cases of force majeure or chance.
13. Conflict resolution, applicable law and jurisdiction
The present General Usage Conditions, as well as use of the Website, shall be governed by Spanish legislation. The parties shall submit to the courts and tribunals of Barcelona for conflict resolution, waiving any other jurisdiction.
If any provision in these General Usage Conditions cannot be enforced or is null in virtue of applicable legislation or due to a judicial or administrative resolution, this unenforceability or nullity will not make these General Usage Conditions unenforceable or null as a whole. In these cases, STAFF PREMIUM, SL shall proceed to modify or replace this provision with another that is valid and enforceable and that, as far as possible, achieves the purpose and aim of the original provision.