Terms of Use

Please, read carefully these particular conditions. The use of the service described here will imply, for its part, the prior, express and without exception acceptance of all the terms herein provided.

When using the service, you recognize and manifest to know their functionalities and consider it apt to meet their needs.

If you are not satisfied with these particular conditions, do not use the service.These particular conditions are an integral part of the legal notice of the website.

1- Object

The present Particular Conditions for Employees are intended to regulate the terms applicable to the use, by the employees of companies, of the Factorial Platform accessible on the Website (hereinafter, the Service).

The Service is intended for company personnel, and must be used by Users of legal age, who have the legal capacity to understand and accept these Particular Conditions, as well as fulfill the obligations set forth herein.

2- Service Description

The Service consists in a Human Resources Management Software for small and medium enterprises (SMEs). The Service has no cost to Users; notwithstanding the foregoing, Factorial reserves the right to demand, in the future, the payment of a compensation, which will be properly informed and notified.

The access and use of the Service is done via the Internet, requiring that the User has previously registered. The Users will have a profile linked to their belonging company, through which they will be able to make use of the Service functionalities.

The access will take place using the credentials chosen by the User and the User is the exclusively responsible for the use and conservation of the identifiers and passwords necessary to access the Service. The use of these identifiers and communication, even to third parties, occurs under the sole and exclusive responsibility of the User.

The Service will be available 24 hours a day, 365 days a year, except scheduled downtime and any incidents that may occur. Notwithstanding the foregoing, Factorial reserves the right to interrupt the Service when it is necessary to undertake technical repairs, maintenance and/or improvement of the Service. To the extent possible, Factorial will notify in advance about interruptions due to foreseeable circumstances, such as maintenance and connectivity cuts.

Benefits management

Through the Service, Factorial will be able to manage the benefits that, at each moment, are offered. In this sense, Factorial may mediate between the User and the provider of the aforementioned benefits, for which Factorial will send commercial communications to the User and, at his request, will gather the necessary information from the User to send him the proposed services and budgets requested. and, if applicable, activate the corresponding benefits.

3- Use of the Service

The access and use of the Service takes place under the sole and exclusive responsibility of the User, who must use it in a diligent, correct and lawful manner, in accordance with the legislation in force and it is expressly forbidden to use the Service to provide service, paid or not, to third entities.

Factorial doesn't control, intervene, review or endorse the contents hosted by the User in the Service, the User is the solely responsible for the contents and information stored in the Service, not being Factorial responsible for the contents and information uploaded and published by the Users, in the Service. Nevertheless, Factorial may be obliged to monitor the contents and information (eg, in compliance with a legal obligation or by mandate of the competent authority) and, in any case, Factorial reserves the right to block and eliminate any information or content accessible through the Service that violates these Particular Conditions and/or the Legal Notice.

The User accepts and consents that Factorial may access, preserve and disclose their account information and content: (a) in order to properly manage their User account; and (b) if required by law or competent authority, or if such access is necessary to: (i) comply with a legal procedure, (ii) enforce the Legal Notice and/or the Particular Conditions; or (iii) respond to claims that any Content infringes the rights of third parties.

The use of the Service is prohibited in case that:

• It is contrary to applicable legislation (including criminal legislation)
• The threatening content is obscene, defamatory, pornographic, xenophobic, harmful to the dignity of the person or the rights of children and/or infringing the rights of third parties (among others, intellectual, industrial, image, advertising or similar nature);
• Are incorporeted viruses or any other electronic element that could damage or impede the Service operation, the network, Factorial or third-party computer equipment and/or the access to the Service by other users;
• The stored data or information is false or inaccurate and induces or may mislead other Users and/or the Factorial staff.

If the User fails to comply with the terms and conditions set forth herein and/or the Legal Notice, or Factorial has reasonable grounds to suspect that a User has breached them, Factorial reserves the right to suspend or cancel the User's account and deny any access and use, current or future, of the Service.

4- License

Under this Agreement, the User is granted, who in turn accepts, a non-exclusive use license, of a non-transferable nature, to make use of the Service, in accordance with the terms of this Contract, being expressly reserved, any other rights that have not been expressly granted.

It is forbidden to print, copy, store or save the screens or the process of use and operation of the Service, as well as any other reproduction or transformation unnecessary for the use of it in accordance with its functionalities.

The User will refrain from copying, using, analyzing, reverse engineering, decompiling, disassembling, translating, converting or applying any other procedure or process to the Service in order to find out, obtain or appropriate, whatever the reason or purpose, of the source code, including any development of it, or source lists of the Software or of information or process constituting the commercial secret contained in it.

The User will not eliminate, alter or delete any of the rights warnings (including the reservation warnings of intellectual and industrial property rights) that appear in the Service or in any additional tool that is provided (user manual, useful guides, Websites, etc.)

5- Confidentiality

The Parties agree to make this Contract confidential, and therefore, any information or documentation that any of the Parties contributes to the other in the development and execution of this Contract will be considered confidential and exclusive of the one who provides it and will not be able to communicate to third parties without your express consent.

The Parties exclude from the category of confidential information all information that is disclosed by the affected party, that which becomes public, or that which is to be disclosed in accordance with the laws or with a judicial resolution or imperative act of competent authority , and that which is obtained by a third party that is not under any obligation of confidentiality.

This obligation of confidentiality will continue for five (5) years after the end of this Contract for any reason.

6- Data and information treatment

The User is informed and consents that the personal data provided as a consequence of this Agreement will be processed by Factorial for the fulfillment of the following purposes:

• Manage the registration process of the Users;
• Communicate and inform Users of the services and functionalities offered through the Website;
• Show and remit, including by electronic means, publicity and information, own and of third parties, relevant to the interests and preferences of the Users (among others, information related to the benefits for employees);
• Answer requests for consultation, information, complaints and claims.

When the activation of social benefits has been requested, Factorial will communicate to its provider, on User's behalf, the data and information necessary for the activation.

Whenever requested, and the User provides, an email address, mobile phone or other means of electronic communication, the User expressly accepts and authorizes that said means are preferably used as a communication channel, as a channel to fulfill all or some of the the purposes set forth in these Particular Conditions as well as a channel through which we can inform you of any other relevant changes that may occur on the Website.

The User states and guarantees that his/her personal data provided are true, accurate, complete and updated, being the solely responsible for any damage, direct or indirect, that may be caused as a result of breach of such obligation. Likewise, in order to guarantee the duty of quality and the update of the data, the User must keep his personal data updated.

Factorial may use the information available in the Service to prepare and publish reports with aggregate and anonymous data. The User has recognized the rights of access, rectification, cancellation and opposition (A.R.C.O) which may be exercised by directing a postal communication, and a photocopy of the DNI, with the subject "Ref. Privacy" to Factorial address provided on the Website.