Terms of service

Last update: 26/05/2019
For CompaniesFor Candidates

Tres Techies S.L., (hereinafter "Joppy", "we", "us" and "our") a company established and existing under laws of Spain, provided with CIF B67380402, domiciled in Raval de Corbera 39, 08740, Sant Andreu de la Barca, Barcelona, Spain and registered in Registro Mercantil de Barcelona (Tomo 46850, Folio 40, Hoja 533002, Inscripción 1) is the owner of an online marketplace connecting Companies intending to fill their job vacancies with talented job seekers ("Candidate" or "Candidates"), whereas the connection is made through an anonymous employment mediation platform www.joppy.me and app.joppy.me (hereinafter "Websites").

For the use of Joppy by a company

The term "Company" or "you" refers to a legal entity who has accepted these Terms of Service ("Terms"). By using Joppy services and accessing the Websites, you confirm that you have carefully read and understood these Terms of Service and you agree to comply with and be bound by these Terms of Service and policies referenced herein. Acceptance of these Terms of Service shall form a legally binding agreement between the Company and us for using Joppy service.

1. Joppy service

1.1 Joppy enables Companies to publish job openings for reaching Candidates who may or may not be currently working and are anonymously available on the job market. Upon publishing the job opening, Joppy uses an algorithm which will find candidates whose profile matches with the requirements established in the respective job opening.

1.2 Company's job opening shall be disclosed to Candidates whose profile meet the requirements and criteria set in the job opening. Candidates can show their interest in Company's job opening by accepting it. Once the Company's job opening is accepted both parties can start a conversation between them. Candidate's profile could be disclosed to the Company by the Candidate after starting a conversation with the Company. Up until then information concerning specific Candidate information will not be available to the Company. For avoidance of doubt, without the consent of the Candidate the Company does not have the opportunity to meet the profile of the Candidate nor find out more about the Candidate provided by Joppy platform.

2. Using the service

2.1 In order to be able to use Joppy service, the Company shall create a profile by providing us Company's identification information, size of the Company, place of activity and information related to the representative of the Company (e.g., name, e-mail). To speed up the process we may obtain Company's information from their official website or social media pages.

2.2 Before service first use, the Company will be asked to accept these Terms of Service. By doing so, the Company confirms that any registration information submitted is true, accurate and complete, and the Company consents to use the Joppy service in compliance with these Terms of Service. For avoidance of doubt, the Company may use the Joppy service only if these the Terms of Service have been accepted. If the Company does not accept these Terms of Service, then the Company's account registration shall be declined and the information thereof shall be deleted.

2.3 You may create the Company's account and enter into these Terms of Service on behalf of the Company, if you you have full legal authority to bind and represent that Company. The Company must have full legal capacity in order to purchase Joppy service.

2.4 Joppy service can only be used by logging in to the Company's account. You understand and agree that you are liable for maintaining confidentiality of your username and password. You shall immediately notify us if you believe the security of your account has been compromised.

2.5 You will be able to edit the Company's profile information at any point, adding or removing any information by sending us an e-mail to help@joppy.me or through the Website if available. While using the Joppy service, the Company shall provide accurate, complete, true and up-to-date information. We reserve the right to restrict Company's ability to use Joppy Website, if we have reason to believe that editing of the Company's profile is lead from unethical or unfair purpose, information concerning the Company is misleading, inappropriate or unsuitable.

2.6 If the Company wants to know more about Candidates who have exposed their interest regarding the Company's job opening, the Company may start a conversation in Joppy chatroom. Please be informed that Joppy is participating in all conversations held in Joppy chatroom and is collecting and processing any data exchanged by parties in the Joppy chatroom. It is your sole responsibility to ensure that you do not submit business secrets, know-how, confidential or other type of sensitive or valuable information via Joppy chatroom. Joppy will not disclose information received from Candidates and Companies to any third parties, but Joppy shall not be under any confidentiality obligation nor bear any liability for the loss, damage or negligent transmission of your valuable information transmitted by the chatroom.

2.7 We reserve the right to use the Company's name and logo or activity (e.g. offer posted, successfully hiring a Candidate) for public communication to our users and/or our social media followers.

2.8. Joppy reserves the right to modify, without prior notice, the design, presentation and / or configuration of these Websites, as well as some or all of the services, and to add new services.

2.9 We reserve the right to update, amend or replace any part of Terms of Service on the basis of objective reason. In case of any update to the Terms of Service, Joppy will notify the Company via e-mail or by posting revised terms on our website joppy.me/terms. Unless the Company deletes its account within ten (10) days, the new terms will be effective immediately and apply to any continued or new use of our services.

3. Requirements for job openings

3.1 We enable the Companies to create their own job openings which shall be posted to find suitable Candidates registered in Joppy.

3.2 The job opening created by the Company shall not contain any inaccurate, misleading or false information. Nor can the job opening contain any content which is offensive, indecent, defamatory, threatening, contain attacks on racial, ethnic or other bases, is malicious, incite physical or psychological violence, advocate illegal activities, etc.

3.3 Every job opening shall be reviewed and validated by Joppy before posting it into live. Joppy is entitled to conduct pre-moderation of the job opening, including but not limited to making linguistic and content-based corrections to the text, created by the Company.

3.4 Under our sole discretion, we reserve the right to reject or remove any job opening posted by the Company through Joppy Website which does not comply with the requirements of these Terms of Service or is not appropriate for Joppy.

4. Privacy

4.1 In order to provide Joppy's service, we shall collect and process personal data as provided in our Privacy Policy.

4.2 Any collection, use or information shared in relation to your personal data will be subject to this Privacy Policy and its updates. Likewise, you agree with us that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy.

5. Fees and payment

5.1 Opening a Company account, opening jobs and starting a conversation with Candidates has no associated costs.

5.2 For each job applicant referred to you by Joppy ("Applicant") who is hired by you within twelve (12) months after such referral by Joppy, you will pay Joppy a non-refundable fee of €1.000 (one thousand euros) (the "Hiring Fee"), subject to any applicable discounts granted by the Joppy in its sole discretion. Failure to pay this fee may result in the termination of the services you receive.

5.3 You shall not take any fraudulent or deceptive action or any other action intended to avoid paying the Hiring Fee due to the Company, in whole or in part.

5.4 Joppy may contact Candidates to request status updates about ongoing negotiations.

5.5 Payment Conditions

By accepting this Agreement, you are bound to pay the fees associated with any of Joppy’s Services.

5.5.1 Company agree to notify Joppy within 5 days of the terms of any offer it makes to a Candidate;

5.5.2 Company agree to notify the Joppy within 5 days that its offer to a Candidate has been accepted and to provide details to Joppy of the Start Date agreed with Candidate together with any documentary evidence as requested by Joppy;

5.5.3 The Hiring Fee will be invoiced on the first work day of the hired Candidate, regardless of the Candidate is starting on a trial period basis, as a contract employee, as a freelance contributor or as an effective full-time hired employee, and shall be paid within the following 30 consecutive days;

5.5.4 If you hire a candidate who was delivered by Joppy within the 12 months after receiving their application, then you must pay the corresponding Hiring Fee. A Candidate is considered delivered by Joppy when at least one of the following happens: (a) Company became aware of the Candidate's profile on Joppy; (b) Candidate is referred to Company’s ATS/Career Page from Joppy (c) Candidate confirms he/she got aware of the job position via Joppy, although he/she applied to it via an alternative channel.

5.5.5 Joppy will not invoice you a hiring fee if any one of the following conditions is met: (1) the Company provides written proof that it had approached (or had been approached by) the Candidate in the two months preceding the date on which the Company became aware of the Candidate's profile on Joppy; (2) the Candidate responded positively to the approach (or that the Company responded positively to the approach by the Candidate); and (3) a discussion was on-going between the Candidate and the Company on the date on which the Company became aware of the Candidate's profile on Joppy.

5.5.6 Joppy Service is intended to be used for full-time job openings. If you post a job opening using Joppy and later decide to hire a candidate on a freelancing model or other type of shorter duration contract, Joppy will always charge the fee of €1.000 (one thousand euros);

5.5.7 Candidate profiles and applications are confidential. If, after receiving Joppy and the candidate’s approval, you (or any of your employees involved in the recruitment process) disclose a candidate’s details to any third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in the candidate getting hired by the third party within 12 months of the original date of delivery by Joppy, Joppy is entitled to receive the entire hiring Fee from you.

5.5.8 If Company decides not to keep the new hire Candidate (for reasons strictly associated to the Candidate) or if the hired Candidate leaves the Company within a 60 day guarantee period after his/her starting date, Joppy will give Company a 30 days period to find a new Candidate at not extra cost. However, Joppy will not issue any refund.

5.6 All the previously mentioned fees are presented without VAT, which shall be charged when required by law.

5.7 When invoicing services billed in other currencies rather than Euros (€), all charges will be calculated accordingly to the currency exchange rate at the invoice issue date. Please refer to the Euro foreign exchange reference rates as provided by the European Central Bank .

5.8 According to the European Directive 2011/7/EU, for payments made after the due date, Joppy is automatically entitled to interest for late payment and an additional fee of €40 for recovery costs.

6. Termination and deletion of your account

6.1 These Terms shall remain in effect until terminated as set forth herein.

6.2 The Company has a right to cancel the Joppy service and terminate our legal relationship at any time. Upon cancellation, the Joppy service and data stored in the platform shall be available until the end of the cancellation month. You may contact Joppy for transmission of a copy of your data by that time. Once deleted, you will not be granted your data previously stored within the Joppy platform.

6.3 We have the right to terminate the legal relationship with immediate effect, by deleting your account, if you: (i) have provided morally inappropriate, fraudulent, misleading or inaccurate information (ii) are not eligible or authorized to use Joppy service or (iii) Fail to pay the agreed Fee or (iv) have materially violated any requirement stipulated in these Terms and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us.

7. Liability and indemnification

7.1 Joppy service and any content, or services or features made available in conjunction with or through the Website is provided "as is" and "as available" without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties. We do not provide any guarantees to you regarding Joppy service and/or the Websites. In particular, we shall not be responsible for the following:

7.1.1 any interruption, discontinuance, suspension or other type of unavailability of the Website or Joppy service;

7.1.2 any interruption or cessation of transmission to or from the Website or Joppy service;

7.1.3 any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Website or Joppy service;

7.1.4 deletion of, corruption of, or failure to store any content or data;

7.1.5 the incompatibility of technologies used for accessing the Website or Joppy service.

7.2 Joppy does not mediate any employment contract nor bear liability for legal relations created by the Company and the Candidate as a result of using Joppy service. The terms of employment and any contractual arrangements shall be negotiated and agreed upon between the Candidate and the Company directly.

7.3 Joppy does not warrant, represent or guarantee that the information provided by the Candidate is true and accurate. Nor does Joppy warrant that any Candidate found via Joppy service is suitable for the Company.

7.4 The Company agrees to indemnify and hold Joppy harmless from any damage and loss that result from any violation of the Company. The Company also agrees to indemnify and hold Joppy harmless from any damage and loss that result from third-party claims that result from any of your violation.

7.5 All content (including, but not limited to text, graphics, articles, photographs, images, illustrations) publicly posted or privately transmitted through the service is the sole responsibility of the person from which such content originated and that Joppy will not be liable for any errors or omissions in any content. You understand that Joppy cannot guarantee the identity of any users with whom you may interact in the course of using the service. Additionally, Joppy cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

7.6 Under no circumstances will Joppy be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the service.

8. Applicable law and jurisdiction

8.1 The Website is governed by Spanish law. Any dispute arising or any claim related to the content and services of this website shall be resolved only in Barcelona (Spain), as this will be the jurisdiction of the competent court, and you expressly waive your own forum or any other that may apply to you.

9. Information

9.1 If you have any questions concerning the Terms of Service, you are more than welcome to send us an e-mail to help@joppy.me and we will make an effort to reply within a reasonable timeframe.

For the use of Joppy by a candidate

The term "Candidate" or "you" refers to a natural person who has accepted these Terms of Service. By accepting these Terms of Service and using Joppy service and accessing the Websites, you confirm that you have carefully read and understood these Terms of Service and you agree to comply with and be bound by these Terms of Service and policies referenced herein. When accepted by you, these form a legally binding agreement between you and us for using the service.

1. Joppy service

1.1 Joppy enables you to anonymously and secretly participate in the job market, on your own terms and without compromising your current job. For that purpose you can create your own anonymous profile which shall include basic information about your experience and expectations for the possible new job ("Anonymous Profile"). You are also welcome to use our service in case you are currently unemployed and looking to get hired. Once your Anonymous Profile is created you can add your private information ("Private Profile").

1.2 Joppy uses an algorithm which will match your profile with suitable job offers posted by Companies. You will be presented only on such job offers, which requirements match with the information provided in your profile. If you are interested in any job offer presented to you by Joppy then expose your interest by clicking the "accept" button.

1.3 Once you have exposed your interest in a job offer, you enable Company whose job offer attract your interest to start a conversation with you. You can start the conversation too. By starting a conversation your Anonymous Profile shall be disclosed to the Company who has published the respective job offer. Up until then your information provided in your profile shall not be available to the Company. For avoidance of doubt, without the consent of the Candidate (i.e. Candidate changing "Private Profile" visibility settings to "Public" for a particular company or globally) the Company does not have the opportunity to visualize the profile of the Candidate nor find out more about the Candidate that provided on Joppy platform.

1.4 Candidates can disclose their Private Profile to Companies (1) per Company basis once accepted a job offer from the Company (2) globally to all Companies by setting their Private Profile visibility setting to "Public" within the Website.

2. Using the service

2.1 In order to use Joppy service, you shall create your own profile which shall contain the information about your experience and expectations for the possible new job. In creating the profile, you do not have to disclose your name. By default, you will be anonymous in using Joppy service.

2.2 Before the registration process has completed, you will be asked to accept these Terms of Service. By doing so, you confirm that any registration information submitted by you is true, accurate and complete, and you agree to use the Joppy service in compliance with these Terms of Service. For avoidance of doubt, you are able to use the App and Joppy service only if you have accepted the Terms of Service. If you do not accept these Terms of Service, then your account registration shall be declined and your data thereof shall be deleted.

2.3 Minors under 16 can not use the Services. To create your Joppy account, use the Services and enter into the Terms, you agree that: (1) you must have at least 16 years old and have active legal capacity; (2) you will only have one (1) Joppy account; and (3) Joppy has not restricted you from using the Services. The creation of an account with false information constitutes a violation of our Terms; this also applies to accounts registered on behalf of other persons or used by persons under 16 years of age.

2.4 You will be able to edit your profile information at any point, adding or removing any information. While using the Joppy service you shall provide accurate, complete, true and up-to-date information. Joppy reserves the right to restrict your ability to use Joppy, if we have a reason to believe that editing your profile is lead from unethical or unfair purpose, information provided by you is misleading, inappropriate or unsuitable.

2.5 If you want to know more of the job offer or the Company regarding to which you have exposed your interest, then you can either chat anonymously, share your contacts or Linkedin profile in Joppy chatroom. Please be informed that Joppy is participating in any conversation held in Joppy chatroom. Thus, if you decide to share your contacts, Linkedin profile or any other personal data, then such data shall become known also to Joppy. Joppy recommends you do stay anonymous and not to disclose any personal data in Joppy chatroom. Joppy is collecting and processing any data exchanged by parties in the Joppy chatroom. It is your sole responsibility to ensure that you do not submit business secrets, know-how, confidential or other type of sensitive or valuable information via Joppy chatroom. Joppy will not disclose information received from Candidates and Companies to third parties but Joppy shall not be under any confidentiality obligation nor bear any liability for the loss, damage or negligent transmission of your valuable information transmitted by the chatroom the 2.6. Joppy reserves the right to modify, without prior notice, the design, presentation and / or configuration of these Websites, as well as some or all of the services, and to add new services.

2.6 Joppy may offer a reward to Candidates hired from a Company according to the rule 5.5.4 or 5.5.7 from Company’s Terms sections, when rule 5.5.5 from Company’s Terms does not apply and when the Candidate accepted the Job position after May 27th, 2019. Joppy will give the rewards within 60 days from the Start Day of Candidate at the new job.

2.7. Joppy reserves the right to modify, without prior notice, the design, presentation and / or configuration of these Websites, as well as some or all of the services, and to add new services.

2.8 We reserve the right to update, amend or replace any part of Terms of Service on the basis of objective reason. In case of any update to the Terms of Service, Joppy will notify you via App or by posting revised terms on our website. Unless you delete your account within ten (10) days, the new terms will be effective immediately and apply to any continued or new use of our services.

2.9 Creating an account and using the services for Candidates is free of charge on Joppy Websites. So, it is free to apply to the job offers as well as contacting by chatroom with the Companies.

3. Privacy

3.1 In order to provide you with the Joppy service, we shall collect and process personal data related to you as provided in our Privacy Policy.

3.1 In order to provide you Joppy’s service, we shall collect and process personal data related to you as provided in our Privacy Policy.

3.2 Any collection, use or information shared in relation to your personal data will be subject to this Privacy Policy and its updates. Likewise, you agree with us that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy.

4. Termination and deletion of your account

4.1 These Terms Service shall remain in effect until terminated as set forth herein.

4.2 You have the right to delete your account at any time (no prior notification needed), by following the instructions on the Website or by request by e-mail sent to help@joppy.me . Upon doing so our legal relationship is deemed to be terminated.

4.3 We have the right to terminate the legal relationship with immediate effect, by deleting your account, if you (i) have provided morally inappropriate, fraudulent, misleading or inaccurate information (ii) are not eligible or authorized to use Joppy service or (iii) have materially violated any requirement stipulated in these Terms Service and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us.

4.4 After the deletion of your account your data will be deleted and you will not be granted your data previously stored within the Joppy platform.

5. Liability

5.1 Joppy service and any content, or services or features made available in conjunction with or through the App is provided "as is" and "as available" without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties. We do not provide any guarantees to you regarding the Joppy service and/or the App. In particular, we shall not be responsible for the following:

5.1.1 any interruption, discontinuance, suspension or other type of unavailability of the App or Joppy service;

5.1.2 any interruption or cessation of transmission to or from the App or Joppy service;

5.1.3 any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the App or Joppy service;

5.1.4 deletion of, corruption of, or failure to store any content or data;

5.1.5 the incompatibility of technologies used for accessing the App or Joppy service.

5.2 Joppy does not mediate any employment contract nor bear liability for legal relations created by you or the Company as a result of using Joppy service. The terms of employment and any contractual arrangements shall be negotiated and agreed upon between you and the Company directly. For avoidance of doubt, Joppy does not have control nor affiliations with any Company and is not liable for any behaviour, responses or actions of any Company. Joppy does not warrant, represent or guarantee that the information provided any Company is true and accurate.

5.3 Joppy does not warrant, represent or guarantee that you will be able to find any job, position or offer by using the Joppy service and/or the App.

5.4 All content (including, but not limited to text, graphics, articles, photographs, images, illustrations) publicly posted or privately transmitted through the service is the sole responsibility of the person from which such content originated and that Joppy will not be liable for any errors or omissions in any content. You understand that Joppy cannot guarantee the identity of any users with whom you may interact in the course of using the service. Additionally, Joppy cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

5.5 Under no circumstances will Joppy be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the service.

6. Applicable law and jurisdiction

6.1 The Website is governed by Spanish law. Any dispute arising or any claim related to the content and services of this website shall be resolved only in Barcelona (Spain), as this will be the jurisdiction of the competent court, and you expressly waive your own forum or any other that may apply to you.

7. Information

7.1 If you have any questions concerning the Terms of Service, you are more than welcome to send us an e-mail to help@joppy.me and we will make an effort to reply within a reasonable timeframe.