Legal Advice

1. ADDRESSEE AND CHANGE OF WEBSITE

The following General Terms and Conditions govern the use of the Website www.atento.bensyagency.com and website sub domains property of ATENTO SPAIN HOLDCO S.L.U Sociedad Unipersonal with Tax Identification Number B-86445731, headquarters in Santiago de Compostela 94, 9ª planta, 28035 Madrid, and registered in Registro Mercantil de Madrid, Volume 29.588, Folio 142, Section 8, Page M-532.484 (hereinafter referred to as, “ATENTO”), provide the following to the visitors of this web site (hereinafter referred to as, “User”). The use of the Website implies full acceptance by the User of all General Terms and Conditions of the Website in effect every time the User accesses the Website. ATENTO reserves the right to amend the current General Terms and Conditions of the Website, as well as any other specific or private conditions, rules, instructions or warnings, whenever it considers appropriate. Likewise, ATENTO reserves the right to suspend, interrupt, or cease to operate the Website at any time.

2. OBJECT

Through this Website, ATENTO allows the access to different materials, information and data (hereinafter referred to as “Material”) made available to the User by ATENTO or third-party suppliers of services and materials. ATENTO has the right to change, at any time, the presentation, configuration and location of the Website, as well as the Material and terms and Conditions. ATENTO reserves the right to modify the presentation, configuration and location of the Website at anytime, as well as the Contents and its conditions of access.

3. CONDITIONS OF USE AND ACCESS TO THE WEBSITE
3.1 Use and access to the website

The User acknowledges and accepts that the access and use to the Website and/or the Contents therein is free and under their sole responsibility. The User agrees to make a legal and appropriate use of this Website and its Material, pursuant to the current legislation, General Terms and Conditions of this Website, laws, morality and proper conduct. The User shall refrain from (I) making unauthorized or fraudulent use of the Website and/or its Material; (II) accessing or trying to access resources or restricted areas of this Website, without compliance with the conditions required for such access; (III) using the Website and/or its Material for illicit or illegal purposes, contrary to the terms established in the present General Terms and Conditions, good faith and law and order, to affecting the rights and interest of third parties, or that may otherwise affect, damage or overload the Website or prevent its normal use; (IV) cause damage to ATENTO’s physical or logical systems, its suppliers or third parties; (V) introduce or spread viruses in the systems, or any other physical or logical systems; (VI) try to access, use and/or handle data pertaining to ATENTO, third parties or other users; (VII) reproduce, copy, distribute, allow access to the public through any type of media, change or amend the Material, except if the holder of such rights or his/her legal representative authorizes the User to do so; (viii) suppress, hide or handle notices about rights of industrial or intellectual property and other data pursuant to the rights of ATENTO or third parties included in the Material; as well as technical protection clauses or any mechanism of information that may be included in the Material; (IX) obtain and try to obtain the Material through the use of means or procedures different to those means or procedures made available for such effect, or expressly mentioned in the Web pages in which the Material is displayed, or different to those means or procedures frequently used in the Internet to prevent risk of damage or harm to the Web Address and/or its Material.

3.2 Establishing hyperlinks

Users willing to establish a link or hyperlink with ATENTO’s Website shall obtain ATENTO’s previous authorization and be subject to the compliance with the following obligations: (I) the link shall exclusively provide Access to the Website, any reproduction is forbidden; (II) no links shall be established with other pages except the home pagehttps://www.atento.bensyagency.com using a single browser window to said effect; (III) frames or other means that may imply or lead to the assumption that there is a connection between ATENTO and the website in which the link is included shall not be used; (IV) false, inaccurate or incorrect indications or information about ATENTO’s Website shall not be provided; (V) statements or assumptions indicating that ATENTO has supervised or is responsible for material or services offered or displayed on the website in which the link was established shall not be made; (VI) the website with the link shall not display any brand, trade name, company label, denomination, logo, slogan or any signs owned by ATENTO and/or third parties without authorization; (VII) the website with the link shall not have information, images or any other item against the good moral principles or law and order. ATENTO has the right to forbid the inclusion of links to its Website when it believes that the address in which the link was included does not comply with the requirements set forth above. Under no circumstances shall ATENTO be liable for the consequences that may result from the introduction of links by third parties, or any material, information and services offered at the websites in which such links were created. ATENTO reserves the right to reject the admission of hyperlinks to its Website if it considers the website including the link does not comply with requirements, and under no circumstances will be liable for the consequences of introducing hyperlinks by third parties, nor for the materials, information and/or services offered through the website in which the link has been inserted.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The User acknowledges and accepts that all industrial and intellectual property rights on the Material and/or any other items included at the Website (including, without limitation, brands, logos, trade names, text, images, chats, audio and video, data base, software and presentations) are held by ATENTO and/or third parties. Under no circumstances does access to the Website grant a waiver, succession, license or partial or full assignment of such rights, except when expressly established otherwise. The current General Terms and Conditions of the Website do not grant to Users any other right to use, amend, exploit, reproduce, distribute or communicate to the public the Website and/or its Material, except when expressly provided for. Any other use or exploitation of any rights shall be subject to the previous and express authorization, specially granted to such effect, by ATENTO or a third party holder of such rights. ATENTO authorizes the Users to use, view, print, download and save the Material and/or items published on its Website exclusively for personal and not-for-profit use, provided that the source and/or author of such material is mentioned ( copyright symbol and/or notes of industrial property of their holders shall be displayed). The use, reproduction, communication and/or distribution of such elements for profitable or commercial purposes are expressly forbidden, as well as any amendments or fragmentation thereto. Previous consent by the holder of such rights, in writing, is necessary for any use other than that expressly permitted. If such rules are breached, ATENTO shall file legal proceedings with the corresponding authorities for the breach of industrial and intellectual property rights.

5. PRIVACY POLICY

1 IDENTIFICATION

Owner: ATENTO SPAIN HOLDCO S.L.U (hereinafter, “ATENTO”).
NIF: B86445731
Registered office: Calle Santiago de Compostela, 94, 9ª Planta 28035 Madrid (Spain)
Email: dpo@atento.bensyagency.com
Data Protection Officer (DPO): The User can contact the DPO through the following address dpo@atento.bensyagency.com, or by writing a letter to ATENTO’s address to the attention of the “Data Protection Officer”.

2 INFORMATION AND CONSENT.

By reading this Privacy Policy, the User is informed about the way in which ATENTO collects, process and protects the personal data that is provided through the website www.atento.bensyagency.com, as well as the data collected from the connection and navigation through the Website (hereinafter, the “navigation”).

The User must read carefully this Privacy Policy, which has been written in a clear and simple manner, to facilitate its understanding, and determine if he freely and voluntarily wish to provide his personal data, or those of third parties, to ATENTO.

3 OBLIGATION TO PROVIDE THE DATA.

The data requested in the forms provided on the ATENTO website are, in general, mandatory (unless specified differently in the required field) to meet the stated purposes. Therefore, if it is not provided or is not provided correctly, the purposes cannot be attended.

4 WITH WHAT PURPOSE WILL ATENTO PROCESS THE PERSONAL DATA OF THE USER AND FOR HOW LONG?

The data that ATENTO will process of the User will depend on the requests he has addressed. In any case, the data may be process with the following purposes:

To respond to contact requests by telephone or email that has been sent by him to ATENTO.
To send commercial information regarding the services provided and the actions developed by ATENTO.
Manage the application for the recruiting processes that are developed in ATENTO and in any of the companies of the Group that fit the user profile.

The User’s data will be kept for the period necessary for the fulfillment of each purpose or until the User requests the erasure or revokes his consent to ATENTO.

5 WHAT USER DATA WILL ATENTO PROCESS?

ATENTO may process the following categories of data, depending on the request made by the User:

Identification and contact information: full name, email, mailing address, telephone.
Data of professional characteristics for employment management: date of birth, nationality, professional experience, image, training, economic situation.
Geolocation data.

In case of registration and/or access through a third party account, ATENTO may collect and access certain information of the User’s profile of the corresponding social network, only for internal administrative purposes and/or for the purposes indicated above.

In the event that the User provides data of third parties, he/she declares to have their consent and commits to transfer the information contained in this Privacy Policy to the data subject, to whom the data belongs, exempting ATENTO from any liability in this respect. However, ATENTO may carry out the necessary corroborations to verify this fact, adopting the appropriate due diligence measures, in accordance with the data protection regulations.

6 WHAT IS THE LEGITIMACY FOR THE PROCESSING OF THE DATA?

The processing for the aforementioned purposes, will always be carried out, with the prior consent of the User and will be necessary to attend the request.

Similarly, in case the User withdraws his consent to any of the processing, this will not affect the lawfulness of the processing carried out previously.

To revoke the consent, the User may contact ATENTO through the address indicated in the heading of this policy or at the address indicated in the section related to the exercise of rights, accompanying his request with a copy of his ID.

7 TO WHICH RECIPIENTS WILL THE DATA BE DISCLOSED?

The User’s data may be disclosed to:

Investee companies or from ATENTO corporate group, solely for internal administrative purposes and/or for the purposes indicated above, as well as to manage the recruiting processes to which the users application has been sent.
Public Administrations, in the cases provided by the Law.

In the cases in which the companies of the ATENTO Group are located outside the European Economic Area, the transfer of the mentioned data will be made on the basis of their explicit consent. Therefore, it will only be sent to those states specifically requested (for example, when requesting to contact with a particular country through our contact form).

8 RESPONSIBILITY OF THE USER.

The User:

Guarantees that is over 18 years old and that the data provided to ATENTO is true, accurate, complete and current. For these purposes, the User is responsible for the truthfulness of all the data communicated and will keep the information provided properly updated, in a way that responds to its real situation.
Guarantees that has informed to the third parties that he provided the data from, if any, of the aspects contained in this document. It also guarantees that has obtained the authorization to provide the data to ATENTO for the purposes indicated.
Will be responsible for false or inaccurate information provided through the Website and for damages, direct or indirect, that this may cause to ATENTO or to third parties.

9 COMMERCIAL AND PROMOTIONAL COMMUNICATIONS.

One of the purposes for which ATENTO deals with the User’s data will be for sending commercial communications, by electronic and/or conventional methods, with information related to products, services, promotions, offers, events or relevant news for Users. Whenever any communication of this type is made, it will be addressed solely and exclusively to those Users who have authorized its reception.

In the event that the User wishes to stop receiving commercial or promotional communications from ATENTO, he can request to unsubscribe from the service by sending an email to the following email address, as well as indicating his refusal to receive them through the unsubscribe option provided in each of the commercial communications sent.

10 EXERCISE OF RIGHTS.

The User can send a letter to ATENTO SPAIN HOLDCO, S.L.U. (Calle Santiago de Compostela, 94 9th Floor 28035 Madrid – Spain), or through an email to the address dpo@atento.bensyagency.com with the reference “Data Protection”, attaching a photocopy of his identity document, at any time and free of charge, for:

Revoke the consents granted.
Access his personal data.
Rectify inaccurate or incomplete data.
Request the erasure of his data when, among other reasons, the data is no longer necessary for the purposes that were collected.
Obtain from ATENTO the restriction of data processing when any of the conditions provided in the data protection regulations are met.
Request the portability of his data.

Similarly, the User is informed that at any time he may file a claim about the protection of his personal data before the Spanish Agency for Data Protection at the address Calle de Jorge Juan, 6, 28001 Madrid.

11 SECURITY MEASURES.

ATENTO will process the data of the User at all times in an absolutely confidential manner and keeping the mandatory duty of secrecy for it, in accordance with the provisions of the applicable legislation, adopting the necessary technical and organizational measures to guarantee the security of the data and avoid its alteration, loss, or unauthorized processing or access, taking into account the state of the technology, the nature of the stored data and the risks to which they are exposed.

Last update: May 2018.

6. DISCLAIMER OF WARRANTIES AND LIABILITY
6.1 Disclaimer of warranties and liability for the functioning of the Website.

ATENTO does not warrant the availability and continuity of the Website or those websites with which it has established a link. In addition, Atento will in no way be liable for any damages that may result from (i) the lack of availability or accessibility of the Website or those sites that link has been established, (ii) interruption in the operation Website or IT failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads of telephone lines, the Internet system or other electronic systems produced in the course of its operation, (iii) the inadequacy Website for User’s needs, (IV) other damages that may be caused by third parties through unauthorized use beyond the control of Atento, (V) the presence of viruses or other elements that may cause changes in physical systems or software, electronic documents or files, and Conditions.

6.2 Disclaimer of warranties and liability for the use of the Website.

ATENTO is not responsible in any way for the use that Users and / or third parties may make of the Website or the Content, or for any damages arising therefrom.

6.3 Disclaimer of warranties and liability for the Contents.

ATENTO does not edit the Content posted on the Site by third parties, nor is it responsible for the legality, reliability, truthfulness, accuracy, thoroughness or timeliness of such Content.

6.4 Disclaimer of warranties and liability for links.

The Website may make available to Users the technical means to allow users to access pages and/or websites belonging to or managed by third parties. ATENTO checks the contents of those sites at the time it establishes a link to them and does so in good faith and the belief that such contents comply with applicable legislation. However, in no event is ATENTO liable for or does it approve nor endorse products, services, content, information, data, files, and any kind of material on such web pages and does not control nor does it accept responsibility, endorse or own any subsequent modifications of such materials. In the event that it deems appropriate or is required to by a court or administrative order, ATENTO will remove links to those websites that violate the applicable law and/or adversely affects the rights of others.

7. IN CASE OF BREACH

ATENTO reserves the right to exercise all available legal actions to claim liabilities derived from the breach of any of the provisions included in the Terms and Conditions and Conditions of the Website by a User.

8. PARTIAL ANNULMENT

Declaration of any of these General Terms and Conditions null and void or ineffective shall not affect the validity or enforceability of the remainder, which will remain binding between the parties. The waiver by either party to demand at any given time the compliance of any of the conditions set forth herein does not imply a general waiver to the fulfillment of another condition or conditions, nor create a vested right to the other party.

9. APPLICABLE LAW AND JURISDICTION

The service of the Website and these Terms and Conditions of the Website are governed by Spanish law. Insofar as is permitted by law, the parties expressly waive any other jurisdiction that may apply, agree to submit to the jurisdiction of the courts of the city of Madrid. This is a translation, in case of any discrepancy or dispute, the original Spanish version shall prevail.