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TERMS AND CONDITIONS
OF USE www.Wisar.co
The refusal to accept this Terms and Conditions of Use implies the impossibility of the user to use the platform- The owner of the platform may offer services whose particular conditions will be specifically reported to each user in each specific case.
The platform is not intended to be used, or targeted to, anyone under the age of 16 years old. The access and use of the platform www.wisar.co implies that you are at least 16 years old. Please, activate parental control to prevent and control the access of minors to the internet and inform minors about all the aspect related to security.
According to Spanish regulation Act 34/2002, 11th July, Information Society Services and Electronic Commerce, this document constitutes the Terms and Conditions of Use that regulates the navigation and use of the website located at the URL www.wisar.co (hereinafter “Platform”).
www.wisar.co is a website managed by TALENT REVOLUTION, S.L. (hereinafter “WISAR”) Spanish company, with registered offices in Avenida de la Torreblanca, 57, 08172, Sant Cugat del Vallés, Barcelona (Spain), with Tax ID number B-66896911 and registered in the Trade Register of Barcelona, Tome 45664, page 6, section 6, sheet B495058, Inscription 1.
From WISAR we ensure that the contents of the Platform are up-to-date although the information may be inaccurate or inconclusive in some aspect. In any case, WISAR will not be responsible for the transmissions of information among users of this Platform.
It is forbidden any kind of communication that infringes or violates someone else’s rights and any kind of transmission which content is threatening, obscene, defamatory, pornographic, xenophobic, threatening the dignity of the person or the rights of children, or that violates the current legality.
It is also forbidden the inclusion and communication and provision of any false or inaccurate personal information that induces or may induce errors to other users.
WISAR has developed a platform that allows freelancer to enter and get registered to receive offers that fit their professional profile, and that in general, can be developed with a certain flexibility when it comes to timetables and location.
In WISAR’s platform, companies and common people can also get registered to look for professionals to develop their own project.
Access to the Platform is free and is intended to be used by people over 16 years old. However, in order to access the services offered by WISAR, users will have to register through the platform. Accordingly, there are two types of users:
Regardless of their category, the requirements to use the platform and its services are the followings:
By using WISAR’s Platform you guarantee that you have the full right and ability to access this platform and you agree to follow and respect the Legal Notices and not to infringe any law or regulation of the country where you reside. As an user of this platform, you are solely responsible for respecting the laws of your region.
WISAR may reach any user asking for any additional information to verify all information provided. In the event that such requested documentation is not provided within ten calendar days, WISAR reserves the right to block or cancel the users account. All Data provided by the users will be exclusively reviewed by WISAR’s authorised staff for its verification.
By using WISAR’s Platform, you commit to:
While using WISAR’s platform, you commit to not do any of the following premises:
If we consider that you breach any of the above conditions, we reserve the right to withdrawal the published content, as well as to eliminate your account and restrict your access to the Platform, regardless of any prejudice to the pertinent legal actions in each case.
The use of passwords is a security element established by WISAR for the identification and authentication of its users, therefore, the password is personal and non-transferable, and must be generated by the user according to the rules of robustness and complexity established at any time by WISAR. The password created by the user will have unlimited time validity, however Users may change it when they deem it necessary.
Users are responsible for the proper safeguard and confidentiality of any identifiers and / or passwords they select, and agree not to assign their use to third parties, either temporarily or permanently, or allow their access to outsiders. Users will be responsible for the unlawful use of the Platform and its services by any illegitimate third party, that may access the Platform using their password.
In accordance with the above, it will be the user’s obligation to immediately notify the Platform’s managers about any fact that allows the improper use of the identifiers and / or passwords, such as theft, loss, or unauthorized access, to proceed to their immediate cancellation.
Certain legislations do not allow certain exclusions of liability, in such case, those exclusions will not be applicable in the specific case. Likewise, if any provision is declared null, it will not affect all the accepted conditions or the remaining provisions.
These Terms and Conditions of Use regulate the access to the Platform for the interrelation between the Users and the achievements of user’s participation on the projects facilitated by WISAR (hereinafter, “Collaborations”)
WISAR will not act as an agency or an intermediate between professionals and users/suppliers. In a general basis, the access to WISAR’s Platform is free for its users, however, additional services may be offered with an additional cost. Applicable charges and the characteristics of the additional services will be shown during the corresponding process when the project offer is being elaborated.
Each project may contain its own terms and conditions that could be shown on WISAR’s Platform or may be directly agreed with the user/supplier. The User/Supplier, has to provide the Professional with all the required information related to the Collaboration that are eventually required. The development and the negotiation of the projects, the collaboration and the fulfilment of it, is an exclusive responsibility that remains on the users involved on the Collaboration.
Users are free to determine the modality of the Collaboration, as long as it does not contradict with the Spanish legislation, nor the legal provisions from the User’s different countries.
Professionals’ reputation on WISAR depend on the fulfilment of their Terms and Conditions and the particular conditions of the Collaboration. This is why the Professionals, firm a commitment with WISAR to save and comply with strict confidentiality concerning the Collaborations establish. For that purpose, without prejudice of any other agreements that have been agreed between the parties in the Collaboration, Professionals must comply with strict confidentiality with regard the users, and recognize that any provision of services or execution of work carried out on the framework of the collaboration will be for the full ownership of the client/supplier without any right of authorship and ownership for the Professional.
By “Confidential Information” it is understood the information provided, whether in writing, verbally or in graphic, electronic or any other support, by the Professional in the framework of Collaboration with the client/provider and that has a significant value that could be diminished if it was disclosed to a third party. To the extent that it is consistent with what has been said above, “Confidential Information” will cover, without limitation to: trade secrets, product information, plans, specifications, designs and rates; application program interface (API), financial information that is not in the public domain, including forecasts, budget and data, studies, budgets for marketing and publicity campaigns; business strategies; contracts, terms and conditions, procedures; development and investigation plans; business plans; modifications and development plans for new or future products; sales forecasting; business projections; business analysis; pertinent information about clients or suppliers; software (all kind of data and codes), software and hardware designs, architecture and protocols, manufacturing processes, logistics and sales.
Once the collaboration is completed, the professional will refrain from using the Confidential Information to which he would have had access as a result of his Collaboration with the Client/Supplier and will eliminate it from any database which it could have been hosted.
The Professionals are the soles responsible, that the Collaboration with the Client/Suppliers comply with any legal requirements that the Spanish legislation stipulates in labour matters, contractual, social security and those legal requirements of the countries of the respective User to realize the Collaboration at the indicated territory.
To such, WISAR makes available all the infrastructure necessary; however, WISAR will not represent any User and it cannot be considered as a contracting party between Professionals and clients/providers. Once the Collaboration is finished, the Client/Supplier will deliver an invoice on behalf of […introduce name…] and will pay the Service fee plus a commission to WISAR, who will be responsible for proceeding the payment for to the User. Payment for the Service to the User will be made once the provider has satisfied the payment to WISAR. Under no circumstance, will WISAR be responsible for the lack of payment of the suppliers.
Intellectual property and any right of exploitation and reproduction of this Platform are exclusive property of WISAR. Any undue use by third party will be prosecuted in accordance with the in-force and applicable legislation.
WISAR is holder of all the rights of industrial and intellectual property of the Platform, as well as all the elements on it (including, without limitation, graphic design, source code, logo, contents, images, texts, graphics, illustrations, photography’s, data base and any other element shown on the Platform), unless otherwise indicated.
However, the reason why a dispute may be established over the ownership or exploitation of the aforementioned resources, the holder of the Platform will be cautioned to withdraw them.
Professionals and Clients/Suppliers will be the legitimate owners or will have the proper authorization for the use of the photographs or logos that they use in their identification as a User, excluding WISAR from any type of responsibility in case of any claim of a third party for the violation of rights over the aforementioned photographs or logos.
The user acknowledges that the reproduction, distribution, marketing, transformation, and in general, any other form of exploitation, by any procedure, of all or part of the contents of this website constitutes an infringement of intellectual and / or industrial property rights of WISAR or the holder thereof.
The Platform may contain hyperlinks to other websites, some of which are not edited, controlled, maintained or supervised by WISAR, therefor, WISAR is not responsible for the content of such websites. Their respective owners are the soles responsible for their content, and WISAR does not guarantee or approve such contents for the mere fact that a hyperlink to them is established on the Platform. The function of the links that appears on this Platform is exclusively to inform the user about the existence of other sources of information on the subject on the Internet, where you can expand the information offered on this Platform. WISAR will not be in any way responsible for the result obtained through such hyperlinks.
Those users who wish to establish hyperlinks to the Platform must refrain from making false, inaccurate or incorrect statements about the Platform or its content. Under no circumstances will be declared or implied that WISAR authorizes the hyperlink, or that it supervises, approves or assumes in any way the contents or services offered or made available to the web page in which the hyperlink to the Web is established. The establishment of the hyperlink does not imply in any case the existence of any relationship between WISAR and the owner of the website on. Hyperlinks to the Web will not be established on web pages that include information or content that is unlawful, immoral or contrary to good customs, to public order, to uses accepted on the Internet or that in any way contravene the rights of third parties.
In order to be registered as a Professional and/or Client/Supplier to access WISAR’s Services, you must read the PRIVACY POLICIY and grant us your consent through the checkbox shown on the registration form, authorising us for the treatment of your personal data. Likewise, due to the Services offered through the Platform, Users must consent that their personal data may be brought to the attention of the rest of the Users registered in the Platform.
Any dispute or conflict that may arise from matters relating to the use of the Platform shall be exclusively subjected to the jurisdiction of the courts of the city of Barcelona. You expressly waive the right to subject any controversy that may arise, to any other jurisdiction that you may be entitled and agree to submit any dispute resulting from the existence, access, use or content of the Site solely to the Courts of Barcelona.
You may terminate this Agreement by notifying us or deleting your account at any time. In case you fail to comply with any of the provisions contemplated in this Terms and Condition of Use, any kind of legal dispute arises as a result of actions derived from the use of our Platform, we reserve the right to terminate our agreement unilaterally, without prejudice to the continued application of clauses that by their nature subsist in after their termination.
You will be able to reach WISAR at any time through postal mail, to Media WISAR, S.L., Avenida de la Torreblanca, 57, 08172, Sant Cugat del Vallés, Barcelona (España); or through e-mail, at firstname.lastname@example.org.
In accordance with the Data Protection Law in force, in an expository and no-limitative way, the General Data Protection Regulation [EU] 2016/679 (hereinafter, the “GDPR”), the information of the data protection’s controller is the following:
We understand that providing information on internet implies a high degree of trust from you. This is why we take this trust very seriously and it is our first priority to guarantee the security and confidentiality of the information you provide us.
In compliance with the current data protection laws, we inform the users that in WISAR, technical and organizational measures have been adopted in accordance with the provisions of the afore mentioned regulations. All personal data collected from the forms will be treated, exclusively, by WISAR’s authorised personnel or the data processor herein established. Appropriate levels of security have been adopted according to the persona data recollected and, in addition, all the means and technical measures available have been installed in order to prevent any loss, misuse, alteration, unauthorized access and theft of the data.
The user declares that all personal data is correct and accurate and undertake to keep them up to date, communicating Wisar any further modification. The user will respond of the accuracy of their data and will be solely responsible for any conflicts or disputes that may arise due to the falsity of the same. It is important, in order to keep all personal data up to date, the user informs Wisar any time there is a change to it. Otherwise, we will not be able to respond for the veracity of it.
Likewise, the consent granted by the Users complies with the requirements of article 4 of the GDPR, meaning that they give consent “freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her”
In order to enjoy and take advantage of all the services, benefits and experiences that Wisar can offer you, when you register on our Platform, it is legitimate for us to process your data in order to personalize and improve your Wisar experience.
One of the main objectives of the GDPR is to protect and explain the rights you have in relation to the privacy of your personal data. That is why GDPR grants you various rights associated with your data, even after you have given your explicit consent for the processing of such data.
The Rights to which you have rights, in accordance with the protection regulations currently in force, are as follows:
The User has the right to request the limitation of processing in the following circumstances:
In order to exercise these rights, the user must provide documentation proving his identity (ID card or passport), by e-mail to email@example.com, or by written communication to the following address:
“WISAR BY TALENT REVOLUTION, S.L. En Avenida de la Torreblanca, 57, 08172, Sant Cugat del Vallés, Barcelona (España)”
Such communication must reflect the following information: Name and surname of the user, request for application, address and supporting data.
The exercise of rights must be carried out by the user himself. However, they may be executed by an authorized person as the authorized person’s legal representative. In this case, the documentation proving the representation of the interested party must be provided.
Please find indicated below, in an expository and non-limitative way, all the information we can collect from you.
From the Platform
Candidate Data: From our website, the information we may collect may vary depending on whether or not the User registers on our website. In the event that you decide to register to access our services, depending on the circumstances and applicable local legislation and requirements, the information we will ask you for is as follows:
Data from professionals looking for experts: The data we collect on professionals looking for experts is very limited. We usually only need your contact information within the organization (such as your name, phone number or email address) to ensure a smooth relationship. We may also collect bank details in order to make or collect the necessary payments for you or for Wisar.
All of the above information is collected by Wisar solely and exclusively for the purpose of allowing Wisar to make recommendations that best suit your needs and preferences, as well as to be able to enjoy the full benefits of Wisar.
Information from other sources
We may also collect information on a regular basis, which may be included as personal information. In this regard, additional information may be obtained by the following means:
Automatic information collection
We automatically collect certain information from your computer or device when you visit the Website and/or the App. As an example, we collect the session data, incluiding the IP direction, the used web browser software and the referring website. We may also collect information about your online activity, such as the content displayed, the time you spend on our Website and all the activity done. One of our main objectives is to better understand the interests and preferences of our Users in order to personalize your experience [
Cookies and other web technologies
In WISAR, we understand the value of the information provided by any user, thanks to this information we can optimize the Platform and offer a better service. For that end, you will find below the purpose of the collection and processing of that data:
We don’t want you to miss out on any project in which you could collaborate, so one of the methods we use to achieve this is to send emails that may contain information about your qualities related to the new projects that have been published on our Platform.
The receipt of any email communication for marketing purposes will be based on your prior consent. If you no longer wish to receive such communications, you may unsubscribe from the communications service here.
In WISAR’s Platform, some information may be disclosed according to:
We may also share your information if we believe, in our sole discretion, that such disclosure is necessary for the purposes of:
In addition to the above, you will be notified when your personal data is shared with any third party, and you will be able to choose whether or not you want us to share your information.
We may also share anonymous or aggregated information with third parties, including advertisers or investors. For example, we can tell our advertisers the number of visitors to our website or the most popular holiday destinations and hotels. This information does not contain any personal information and is used to develop content and services that we hope will be of interest to you.
In any case, if you do not agree that your information should be shared with a third party, you may exercise your right to limit processing, in accordance with the section relating to your rights.
We will keep your data for as long as you hold a WISAR account and/or where you are still happy to hear from us about our latest news, products and services. Once you no longer wish to be engaged with WISAR we may still need to keep hold of your data if there is a legal reason for doing so (such as for tax purposes where you have made purchases to play in our competitions or where we need to resolve any disputes with you).
If you would like to discuss anything in this policy or if you want to exercise your rights, please get in touch:
WISAR BY TALENT REVOLUTION, S.L.
Avenida de la Torreblanca, 57, 08172, Sant Cugat del Vallés, Barcelona (España)
Last updated May 2018
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