Terms and Conditions of Use
1. General Information
THE WISE SEEKER S.L. (hereinafter referred to as The Wise Seeker) manages the access and use of a software platform for talent identification and management through the domain thewiseseeker.com and its corresponding subdomains.
The Wise Seeker has CIF number B-88209929 and is headquartered at Calle Collado Mediano, 6, bis, 28034, Madrid, with its business address at Calle Orense 62 (local Utopicus), 28020, Madrid.
Any doubts, concerns, questions, or suggestions can be directed to our email address at info@thewiseseeker.com.
2. Acceptance of the Terms and Conditions of Use
Explicit acceptance of the Terms and Conditions of Use is required in order to use the platform. Users who register on the platform are required to accept these terms along with the Privacy Policy.
The Wise Seeker reserves the right to ban users from the platform without prior notification if they fail to comply with the Terms and Conditions of Use.
The Wise Seeker reserves the right to inform platform users of any changes made to it. Any changes to the Terms and Conditions of Use and the Privacy Policy must be explicitly and unequivocally accepted by the users after notification.
Every user of The Wise Seeker platform commits to:
- Ensure the authenticity, truthfulness, timeliness, and accuracy of all data provided through The Wise Seeker, with the user being solely responsible otherwise.
- Use the platform exclusively for the purposes and functionalities provided for this purpose, as presented by The Wise Seeker. Users are prohibited from using the platform for any other purpose or means.
- Make legal and legitimate use of the platform, avoiding unauthorized, fraudulent, illegal, or illegitimate use of it and/or the content and information made available through it. Users must avoid violating this legal notice and applicable regulations and refrain from damaging the legitimate rights and interests of The Wise Seeker or any other third party that may be affected by such actions.
- Avoid causing damage to the systems or elements associated with the platform, its providers, or third parties, or attempting to break their security or authentication measures, taking actions that cause disproportionate or unnecessary overload on the infrastructure or communication environment related to the platform, in general, the Service, or in any other way attacking it. The Wise Seeker may take any preventive or corrective measures that are necessary to protect its interests to ensure the proper functioning of the platform, the service, and the specific functionalities provided in each case.
- Not introduce or disseminate computer viruses or malware through the platform that are likely to cause damage.
- Not attempt to access, use, or manipulate The Wise Seeker's data, or, under their responsibility, those of third-party providers and other users.
- In particular, and by way of example and not limitation, not to transmit, disseminate, or make available to third parties information, data, content, or messages that could constitute a violation of the rights of The Wise Seeker or third parties.
- Access without authorization or interact with a false identity, whether or not impersonating the identity of third parties or using a profile or taking any other action that may cause confusion or lead to an incorrect identification of the user concerned.
Any violation of the Terms and Conditions of Use may result in The Wise Seeker expelling the user from its platform and initiating legal actions against the user, with no compensatory effect.
3. Keywords
Companies using The Wise Seeker platform for talent assessment or selection processes are referred to as clients.
Individuals who register on the platform individually will be considered candidates.
Both groups, clients, and candidates, will be considered users.
4. What is The Wise Seeker?
The Wise Seeker is a Software as a Service (SaaS) platform that serves to assess and map the talent of a portion of its users, the candidates, for their identification and management by the other group of users, i.e., the clients.
On one hand, candidates can take multiple tests on The Wise Seeker platform, falling into two categories:
- Tests of knowledge (hard skills), grouped into different categories, disciplines, or subjects: finance, marketing, technology, etc.
- Tests of soft skills, including personality assessments, skills, competencies, aptitudes, and similar evaluations.
Most tests are conducted using true or false questions or simple or multiple-choice selection among different possible options. Some of the tests, due to the specificity of the subject matter, deploy specific questionnaires or different dynamics that facilitate interaction with the candidates.
On the other side are the clients or companies who, using various means provided by The Wise Seeker platform, access the information that candidates provide voluntarily or by accessing the mentioned evaluations. The most common use of this group is posting job positions, the fundamental characteristics of which will be contrasted with the information collected from the candidates to determine their suitability or affinity for the position.
Candidates can take assessments associated with a job or not. This second option allows candidates to provide information to the platform about their profile, enabling it to provide information about similar job positions published by clients or companies on the platform.
Tests cannot be taken continuously; there will be controls within the platform to ensure the accuracy of the data collected from candidates.
The analysis of the suitability of candidates for a job position conducted by The Wise Seeker is entirely objective and free from any bias based on sex, age, race, birth, religion, or any other potentially discriminatory trait.
The Wise Seeker does not guarantee the accuracy of job offers from clients or companies using its services. The Wise Seeker does not certify the knowledge of candidates but merely conducts evaluations in certain disciplines or subjects, providing the resulting information to the client for comparison.
The Wise Seeker does not provide any job intermediation services between clients and candidates. Therefore, The Wise Seeker will not be part of any employment or service contracts that may be entered into between the parties.
5. Registration
To use the platform and participate in its various tests, you’ll need to complete the registration process. Users commit to providing current and accurate information about their situation. Any consequences resulting from a user’s error will be the user’s responsibility, with The Wise Seeker
exempt from liability.
During this process, the user will need to create a password and is solely responsible for its reliability, ensuring not to disclose it to any third party. The Wise Seeker recommends that passwords include a combination of uppercase and lowercase letters, numbers, and symbols. It is advisable to avoid using generic passwords that are easily decipherable.
The Wise Seeker reserves the right to reject registration and/or delete the accounts of users who do not comply with the platform’s Terms and Conditions of Use.
6. Industrial and Intellectual Property
All industrial and intellectual property rights of the software developed by The Wise Seeker, including any improvements and updates, source code, design, navigation structure, databases, know-how, derivative works, as well as the documentation associated with the software, and all property rights,
including applications, registrations, renewals, extensions, and reinstatements, current or future, in force and with full effects worldwide, are the property of The Wise Seeker.
All trade names, trademarks, and distinctive signs of any kind contained in The Wise Seeker’s software platform are the property of The Wise Seeker.
The Wise Seeker reserves all rights to the software, including those that have not been expressly granted to the user.
The user acknowledges that The Wise Seeker is the owner of all rights, titles, and interests, including but not limited to all intellectual and/or industrial property rights of the software or any information or material provided with the software.
The user’s right to use the software is limited, and they shall not:
- Sell, distribute, sublicense, publish, rent, lend, assign, or transfer the software of the platform or any information or material related to it to third parties.
- Modify, adapt, translate, create derivative works, decompile, reverse engineer, disassemble, or attempt to derive the source code of the software supporting this platform.
- Rent, lease, or transfer their rights to the software that constitutes this platform.
- Use the software in a way that may harm, disable, overload, or impair the platform, or interfere with the use and enjoyment of the platform by third parties.
- Remove, conceal, or alter any copyright notices, trademarks, or other notices of property rights contained in the software of this platform.
7.Exclusion of Warranties and Limitation of Liability
Software programs may have errors and/or defects. Therefore, the user is responsible for the risk regarding the satisfactory quality of the software provided by the platform, its performance, accuracy, and all consequences of its use. The user will be solely responsible for any damage to their computer system or loss of data resulting from its use. The user waives any warranties regarding the security, reliability, speed, and performance of the software related to The Wise Seeker’s platform, as well as its merchantability, fitness for a particular purpose, non-infringement of third-party rights, or its
ability to integrate into a particular system.
The Wise Seeker is not responsible for interruptions in the operation of its software platform, computer failures, breakdowns, disconnections, delays, or blockages caused by the incompatibility of the platform with the user’s systems. The lack of compatibility, capacity, reliability, or effective operation of the user’s devices for proper access to the platform is the user’s responsibility, and they should verify before purchasing the service that their devices are capable of supporting it. The Wise Seeker is also not responsible for other damages caused by third parties through unauthorized intrusions unrelated to The Wise Seeker. The Wise Seeker will take the necessary measures to protect its platform from unauthorized intrusions.
8. Personal Data Protection
The Wise Seeker guarantees that all personal data collected from its users, both clients and candidates, will be processed in accordance with the European Union Regulation 2016/679 of April 27 (General Data Protection Regulation or GDPR) and in accordance with Organic Law 3/2018 of December 5 (LOPDGDD).
For more information on the processing of personal data, you can refer to our Privacy Policy.
9. Miscellaneous
If any provision of these Terms and Conditions of Use is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will not affect the other provisions of the Terms and Conditions of Use, which will remain in force.
These Terms and Conditions of Use constitute the entire agreement between the parties and replace any prior oral or written agreements or understandings between the parties concerning the subject matter, without prejudice to the parties being able to agree on additional or specific conditions.
The Wise Seeker reserves the right to modify the presentation and configuration of its software platform. Users will always have the Terms and Conditions of Use available on the platform itself, which will be freely accessible for any inquiries.
The provisions of the clauses regarding Industrial and Intellectual Property, Exclusion of Warranties and Limitation of Liability, and Personal Data Protection will remain in effect after the expiration of the period of application of the Terms and Conditions of Use.
For the resolution of any dispute that may arise in relation to the interpretation or execution of these Terms and Conditions of Use, the parties, waiving any jurisdiction that may correspond to them, will submit to the Courts and Tribunals of the city of Madrid. These Terms and Conditions of Use will be governed and interpreted in accordance with Spanish law.
In case of any discrepancy between the Spanish version and the version in any other language, the Spanish version will prevail.
Last updated on October 23, 2023.