TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THE SITE AND/OR SERVICE MAY ONLY BE USED AFTER ACCEPTING THE FOLLOWING TERMS AND CONDITIONS.

QALEON Solution S.L. (hereinafter » QALEON», «Company») makes this document available to Users, intending to comply with the obligations set out in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all Users of the Website and the GrowUpTalent® service regarding the conditions of use. The GrowUpTalent® service (hereinafter «Service») is available on our Website www.growuptalent.com directly or through the Company’s website www.qaleon.com (hereinafter jointly and interchangeably the «Site» or «Web Space»).

Any person who accesses the Site and the Service assumes the role of User, regardless of the profile under which they registered, their level of privileges in the use and/or management of information available in the system, committing to the strict observance and compliance with the provisions set out herein, as well as any other applicable legal provision.

QALEON reserves the right to modify any information that may appear on the Site, without any obligation to give prior notice or inform Users of such changes, it being sufficient to publish them on QALEON’s website.

1. IDENTIFYING INFORMATION

Company name: QALEON Solution S.L.

Service name: GrowUpTalent®

Tax ID: ESB88073416

Address: c/ Guadalquivir 22 – 28002 Madrid

Email: info@aleon.com

2. PURPOSE

The purpose of the GrowUpTalent® Service differs depending on the type and/or profile of the User. The essential bases for service provision are described below, which may be expanded and/or improved in future versions of GrowUpTalent® made available to Users:

  • User Profile: Individual User

GrowUpTalent® helps boost employability by analysing the suitability of the User’s profile against market demands, either in the User’s current professional field or with a change in career direction, identifying potential gaps and generating personalised, tailored training pathways to enable unemployed individuals or those in career transition to achieve rapid and effective (re)integration into the labour market of their choice, through training courses with better employment prospects to reduce unemployment or the duration of transitions.

Through the Site, we offer Users the possibility of accessing courses and content specifically tailored to their stated specific needs, at Study Centres, Universities and other providers, as well as information about their offerings.

  • User Profile: Companies and their employees

Through the Site, GrowUpTalent® enables the creation of training pathways adapted to the needs of employees and the development goals the client company envisages for each of them, as well as their continuous training needs according to the forecasts and policies of the user or client company, and provides vocational training that helps develop the potential of workers optimally. Through the Site, we offer end Users (registered profiles of the client company and their employees) the possibility of accessing courses and content specifically tailored to their stated specific needs, at Study Centres, Universities and other providers, as well as information about their offerings.

  • User Profile: Training Centres

Through the Site, we offer end Users the possibility of accessing courses and content specifically tailored to their stated specific needs, at Study Centres, Universities and other providers, as well as information about their offerings. Specifically, GrowUpTalent® enables a training centre to position its courses and programmes against the competition in order to reach prospective students and attract enrolments.

  • User Profile: Public Institutions

GrowUpTalent® helps boost employability through training courses and programmes with better employment prospects to reduce unemployment or its duration. It generates personalised, tailored training pathways to enable unemployed individuals or those in career transition to achieve rapid and effective (re)integration into the labour market. Through the Site, we offer end Users the possibility of accessing courses and content specifically tailored to their stated specific needs, at Study Centres, Universities and other providers, as well as information about their offerings.

3. PRIVACY AND DATA PROCESSING

Where it is necessary to provide personal data in order to access certain content or services, Users shall guarantee its truthfulness, accuracy, authenticity and currency. The Company will apply the corresponding automated processing to such data according to its nature or purpose, under the terms set out in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Web Space, and in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights, and that all trademarks, trade names or distinctive signs, all industrial and intellectual property rights over the content and/or any other elements incorporated into the page, are the exclusive property of QALEON and/or third parties, who hold the exclusive right to use them in commercial activity. Accordingly, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding QALEON harmless from any claim arising from the breach of such obligations. In no case shall access to the Web Space imply any waiver, transfer, licence or total or partial assignment of such rights, unless expressly stated otherwise. These Terms of Use of the Web Space and the GrowUpTalent® Service do not confer upon Users any other right of use, modification, alteration, exploitation, reproduction, distribution or public communication beyond those expressly provided herein. Any other use or exploitation of any rights shall be subject to prior and express authorisation specifically granted for that purpose by QALEON or the third party holding the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a multimedia artistic work, are protected as copyright works under intellectual property legislation. QALEON owns the elements comprising the graphic design of the Web Space, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Space, or in any case holds the corresponding authorisation for the use of such elements. The content on the Web Space may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.

Likewise, it is prohibited to remove, circumvent and/or manipulate copyright notices as well as technical protection devices, or any information mechanisms that the content may contain. The User of this Web Space undertakes to respect the rights stated herein and to refrain from any action that could harm them, with the Company reserving in all cases the right to exercise any legal means or actions available to it in defence of its legitimate intellectual and industrial property rights.

The use by any means of autonomous agents, models or systems, whether generative Artificial Intelligence or otherwise, reverse engineering, or any other similar methods, for the purpose of training, improving, replicating or editing, with or without modifications, reproducing with or without the intent to alter or evolve, any element, result, data or content of GrowUpTalent® in the broadest legally possible sense, whether carried out within or outside the European Union, is expressly prohibited. QALEON reserves all legal actions of any kind, both national and international, against any such activity.

5. USER RESPONSIBILITIES

Provided the User has contractual capacity and forms a binding contract with QALEON, they undertake to:

  1. Make lawful and appropriate use of the Web Space and of the content and services of GrowUpTalent®, in accordance with: (i) applicable legislation at all times; (ii) these Terms of Service; (iii) generally accepted moral standards and good conduct; and (iv) public order.
  2. Obtain all technical means and requirements necessary to access the Web Space.
  3. Provide truthful information when completing forms on the Web Space with personal data, and to keep such information updated at all times so that it reflects the User’s actual situation. The User shall be solely responsible for any false or inaccurate statements made and for any harm caused to the Company or third parties as a result of the information provided.

Notwithstanding the above, the User must also refrain from:

  1. Making unauthorised or fraudulent use of the Web Space and/or the content of GrowUpTalent® for unlawful purposes or effects, purposes prohibited under these Terms of Use, purposes that are harmful to the rights and interests of third parties, or that in any way could damage, disable, overload, impair or prevent the normal use of the services or documents, files and all types of content stored on any computer system.
  2. Accessing or attempting to access restricted resources or areas of the Web Space without meeting the conditions required for such access.
  1. Causing damage to the physical or logical systems of the Web Space and the GrowUpTalent® tool, of its providers or of third parties.
  2. Introducing or distributing computer viruses or any other physical or logical systems capable of causing damage to the physical or logical systems of QALEON, its providers or third parties.
  3. Attempting to access, use and/or manipulate the data of QALEON, third-party providers and other Users.
  4. Reproducing or copying, distributing, enabling public access through any form of public communication, transforming or modifying content, unless authorised by the holder of the corresponding rights or permitted by law.
  5. Removing, concealing or manipulating intellectual or industrial property rights notices or other identifying data of the Company’s or third parties’ rights incorporated into the content, as well as technical protection devices or any information mechanisms that may be embedded in the content.
  6. Obtaining or attempting to obtain content by means or procedures other than those made available for that purpose or expressly indicated on the web pages where the content is found, or, in general, those commonly used on the Internet that do not entail a risk of damage to or disabling of the Web Space and/or the content.
  7. In particular, and by way of example only and not exhaustively, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any material that:
    • In any way is contrary to, undermines or infringes upon the fundamental rights and public freedoms recognised constitutionally, in International Treaties and in the rest of applicable legislation.
    • Induces, incites or promotes criminal, denigrating, defamatory, violent or generally unlawful acts, contrary to morality, generally accepted good conduct or public order.
    • Induces, incites or promotes discriminatory acts, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition.
    • Incorporates, makes available or provides access to criminal, violent, offensive, harmful, degrading or generally unlawful products, elements, messages and/or services contrary to morality, generally accepted good conduct or public order; or that induces or may induce an unacceptable state of anxiety or fear.
    • Induces or incites engagement in dangerous, risky or health-damaging practices.
    • Is protected by intellectual or industrial property legislation belonging to the company or third parties without authorisation for the intended use.
    • Is contrary to the honour, personal and family privacy or image rights of individuals.
    • Constitutes any type of advertising.
    • Includes any type of virus or program that impairs the normal functioning of the Web Space.

If a password is provided to access certain GrowUpTalent® services and/or Web Space content, the User undertakes to use it diligently and to keep it confidential at all times. Consequently, the User shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, nor to allow access to the aforementioned services and/or content by unauthorised persons. The User also undertakes to notify the Company of any event that may constitute improper use of their password, such as, by way of example, theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Accordingly, until such notification is made, the Company shall be exempt from any liability arising from improper use of the User’s password, with the User being responsible for any unlawful use of the Web Space content and/or services by any unauthorised third party. If the User negligently or wilfully breaches any of the obligations set out in these Terms of Service, they shall be liable for all damages and losses arising from such breach for the Company.

Furthermore, QALEON shall have an exclusive, royalty-free, fully paid-up, worldwide, perpetual and irrevocable licence over any comments or suggestions provided by the User to QALEON («Feedback»). The User must accept that all feedback will be considered non-confidential and that they will receive no additional compensation. The User must also ensure that their feedback is not subject to any licence terms that would seek to require QALEON to comply with any additional obligations.

Any reverse engineering or code investigation operation intended, deliberately or consequentially, to wholly or partially disclose the trade, intellectual or industrial secrets of QALEON in the GrowUpTalent® Service is expressly prohibited, as these are the exclusive property of QALEON and are legally protected exclusively in QALEON’s favour. QALEON does not grant any licence or permission to copy, reproduce or exploit to third parties, as it carries out all such activities using its own material and human resources.

6. QALEON’S RESPONSIBILITIES

Continuous access is not guaranteed, nor is the correct display, download or usability of the elements and information contained on the website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control. No responsibility is accepted for decisions that may be taken as a result of accessing the content or information provided.

The service may be interrupted, or the relationship with the User terminated immediately, if it is detected that use of the Web Space or any of the GrowUpTalent® services is contrary to these General Terms of Use. We accept no liability for damages, losses, claims or expenses arising from the use of the Web Space and GrowUpTalent®.

We shall only be responsible for removing, as soon as possible, content that may give rise to such harm, provided we are duly notified. In particular, we shall not be liable for harm arising from, among others:

  1. Interference, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the Company’s control.
  2. Unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
  3. Improper or inappropriate use of the Web Space and GrowUpTalent®.
  4. Security or browsing errors caused by a malfunction of the browser or by the use of outdated versions thereof. The web space administrator reserves the right to remove, in whole or in part, any content or information present on the Web Space.

The Company disclaims any liability for damages of any nature that may arise from the improper use of the freely available services by Users of the Web Space and GrowUpTalent®. Likewise, it is exempt from any liability for the content and information entered by each User through data collection forms, which exist solely for the purpose of providing query and enquiry services. On the other hand, should damages arise from unlawful or improper use of such services, the User may be held liable for the damages and/or losses caused.

The User shall hold the Company harmless from any damages arising from claims, actions or demands by third parties as a result of their access to or use of the Web Space and GrowUpTalent®. The User also undertakes to indemnify against any damages arising from their use of «robots», «spiders», «crawlers», Generative Artificial Intelligence (generative AI) agents or similar tools used for the purpose of collecting or extracting data, or from any other action on their part that imposes an unreasonable burden on the operation of the Web Space and GrowUpTalent®.

7. HYPERLINKS

The User undertakes not to reproduce in any way, including by means of a hyperlink, the Web Space or any of the GrowUpTalent® content, without the express written authorisation of the person responsible for the file.

The Web Space may include links to other websites managed by third parties, in order to facilitate the User’s access to information from partner and/or sponsoring companies. Accordingly, the company accepts no responsibility for the content of such websites and does not act as guarantor or offeror of the services and/or information that may be offered to third parties through third-party links.

Users are granted a limited, revocable and non-exclusive right to create links to the main page of the Web Space exclusively for private and non-commercial use. Websites that include a link to our Web Space (i) may not misrepresent their relationship with us or claim that such link has been authorised, or include our company’s trademarks, names, trade names, logos or other distinctive signs; (ii) may not include content that could be considered in poor taste, obscene, offensive, controversial, inciting violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful; (iii) may not link to any page of the Web Space other than the main page; (iv) must link to the Web Space’s own address, without allowing the linking website to reproduce the Web Space as part of its own website or within one of its «frames» or to create a «browser» over any of the Web Space’s pages. The Company may at any time request the removal of any link to the Web Space, following which it must be removed immediately.

The Company cannot control the information, content, products or services provided by other websites that have established links pointing to the Web Space.

8. DATA PROTECTION

To use GrowUpTalent®, the User must first provide certain personal data. The Company will process this data in an automated manner and will apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD and LSSI. The User may access the policy governing the processing of personal data, as well as the established purposes, under the conditions defined in the Privacy Policy. To exercise the rights of updating, rectification, withdrawal or information, an email must be sent to dataprotection@qaleon.com with the complete identification of the legally entitled or responsible person for the data, in accordance with applicable regulations.

9. COOKIES

The Company reserves the right to use «cookie» technology on the Web Space in order to recognise the User as a frequent visitor and personalise their use of the Web Space by pre-selecting their language or most desired or specific content.

Cookies collect the user’s IP address, with Google being responsible for the processing of this information.

Cookies are files sent to a browser by a web server to record the User’s navigation on the Web Space, when the User permits their receipt. If you wish, you may configure your browser to be notified on screen when cookies are received and to prevent cookies from being installed on your hard drive. Please consult your browser’s instructions and manuals for further information.

Thanks to cookies, it is possible to recognise the browser of the computer used by the User in order to provide content and offer the browsing or advertising preferences of the User, demographic profiles of Users, as well as to measure visits and traffic parameters, monitor progress and the number of entries.

10. FORCE MAJEURE

QALEON shall in no case be liable for any inability to provide the GrowUpTalent® service if this is due to prolonged power supply interruptions, telecommunication line failures, social conflicts, strikes, riots, explosions, floods, acts and omissions of authorities, and generally all cases of force majeure or unforeseen circumstances.

11. RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within the periods and with the consequences established by applicable legislation.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by means of an unequivocal statement. You may contact us by email (contracts@qaleon.com) or by telephone (+34 912 530 621).

12. APPLICABLE LAW AND JURISDICTION

These General Terms of Use shall be governed by Spanish and European Union legislation. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of QALEON’s registered address.

In the event that any provision of these Terms of Service becomes unenforceable or void under applicable legislation or as a result of a judicial or administrative ruling, such unenforceability or invalidity shall not render these General Terms of Use unenforceable or void as a whole. In such cases, the Company shall proceed to modify or replace said provision with one that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.

13. ARBITRATION

Before resorting to judicial or contentious proceedings, the User and QALEON undertake to submit any dispute arising from or related to this contract or agreement — including any question relating to its existence, validity, termination, interpretation or execution — to arbitration. Disputes shall be resolved by arbitration, administered by the Court of Arbitration of the Official Chamber of Commerce, Industry and Services of Madrid, in accordance with its Arbitration Rules in force at the date of submission of the arbitration request. The Arbitration Tribunal designated for this purpose shall be composed of a single arbitrator and the language of the arbitration shall be Spanish (Castilian).

14. INFORMATION

For any information, comments, questions or error notifications, please contact us. We will do our best to respond within a reasonable timeframe.

By clicking «I Accept» or continuing to enter the data required for the operation of GrowUpTalent® and the provision of the Service, you — the User — have committed to abide by these Terms and Conditions, including the policies previously mentioned. By entering, connecting, accessing or using the Site and/or the Service, you acknowledge that you have read and understood them. You also acknowledge that they constitute a legally binding and enforceable contract between you — the User — and QALEON.