TERMS AND CONDITIONS iHunt
FIRST: Background
iHunt SpA, RUT 76.580.320-9 is a crowd-hunting service provided through its website or platform that allows
companies
to hire the service, search and recruit personnel based on the search, recommendation and processes of
recruitment carried
out by independent professionals registered on the Site.
SECOND: Object
The present terms and conditions are intended to regulate the conditions of use that govern the Site, the
Platform,
the Services, the contractual relationship between iHunt and the Users, as well as the rights and obligations
that
are generated between the participants of the Platform (as of know referred to as: "Terms and Conditions").
THIRD: Definitions
For the purposes of these Terms and Conditions, as well as in the other contracts and annexes that are currently
or
successively signed between the parties, the words listed below, used in singular or plural, will have the
meaning that for each one isindicated as follows.
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Authentication: the action of accessing the Site as a Registered User by entering ausername and Password in
the authentication section of the Site.
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Candidate: aperson who has been contacted by an iHunter and who is available to apply for a Position.
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Password or Access Code: they mean, interchangeably, the alphanumeric combination, designated by the
Registered User, which is registered in the iHunt database,andwhich is required for Authentication.
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Account: the instance of the Site that the User accesses upon authentication, which corresponds to
the personal page of the Registered User on the Site.
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Days: meansconsecutive days, unless expressly stated otherwise.
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Company, Employer or Client: any natural or legal person that contracts the Services offered by iHunt.
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Interview: the completion of a questionnaire by an iHunter to a Candidate for a specific position.
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Filterer: that person,independent of iHunt,who participates in the Candidate filtering process.
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iHunt: means iHunt SpA, RUT 76.580.320-9
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iHunter or Recruiter: the person who, through the Platform, provides sporadic recruitment services
for the Company, independently and without a relationship of subordination or dependence on iHunt.
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Incentives: that amount that the Company assigns to encourage iHunters to search for Candidates.
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Short List:the pre-selection of Candidates with the best fit according to the vacancy published by the
Company.
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Offer: that communication in which a Company, iHunt or an iHunter discloses a Position.
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Profile: the systematized exposure of the information that a Candidate has provided to iHunt and / or
iHunter,
both at the time of registering on the site and subsequently.
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Position: a vacancy or job that a Company needs to fill through the Service.
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User Registration: the process by which a Non-Registered User proceeds to successfully complete the
registration
procedure on the Site, obtaining a username and password.
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Services: search, recommendation and recruitment processes carried out by independent professionals and /
or technological means,
in order to make the information requested regarding Candidates available to the Employer, in order to make
an informed decision
regarding the selection of a particular Candidate.
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Site or ihunt.one or Platform: refers to the website www.ihunt.one, as well as the web platform owned and
operated by iHunt,
the other web pages that make it up and the contents that are available at its pages, currently and as they
change from time to time.
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Terms and Conditions, Terms of Use: has the meaning given in the second clause.
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User: any natural or legal person, or representative in any form thereof, who uses or who is registered as
such on the
Site or Platform, and who may be classified as: I-Hunter, Company, Registered User, Unregistered User and
Candidate. The
term "User" covers any and all of the aforementioned categories.
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Unregistered User: means that User who has not completed the User Registration process, and therefore does
not have a User Name and Password.
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Registered User: means, indistinctly, any person, natural or legal, who has successfully completed the
Registration process,
both as iHunter or as a Company on the Site, and who, therefore, has a User Name and Password to
authenticate on the
Platform and hasexpressly accepted and consented to these Terms and Conditions.
FOURTH: Consent and Modification of Terms and Conditions
By registering and / or using the Services in any way, the User declares to have read and accepted, in all its
parts,
these Terms and Conditions and its Privacy Policy, which establish the contractual relationship between the
Users and iHunt .
iHunt reserves the right to modify, at its sole and absolute discretion, these Terms and Conditions, as well as
its Privacy Policy.
These modifications will be applicable only once they are published on the website www.ihunt.one or the mobile
application and
will govern the acts or operations that are held after their publication, without altering those held prior to
said publication.
In the event that the User does not accept or does not agree with the aforementioned modification, they must
refrain from using the Services,
consequently ending the relationship between the User and iHunt. Notwithstanding the foregoing, some Users may
be subject to additional terms
and conditions. In this case, the User, in addition to being subject to these Terms and Conditions, will be
subject to the
additional terms and conditions that are incorporated into theseServices. If they do not agree, the User must
refrain from using theseServices
in any way.
FIFTH: Payments and Fees.
IHunt's payment structure is intended to compensate bothiHunters and Filterers and iHunt for the provision of
the Services.
The values and payments for each type of User will be governed by the following conditions and by those
published by iHunt for each Position.
5.1 The Candidate:The Candidate will not have to pay to navigate and access the information published on the
Site,
neither to apply for Offers nor in the case of being hired by a Company.
5.2 The iHunter and Filterer:The iHunter will be entitled to an Incentive, for the amount that is reported in
the Platform,
if and only if, his or her proposed Candidate / s is / are selected in the Short List, which is sent to the
Company.
The pre-selection of the candidates included in the Short List is defined by the Filterer or automated
mechanisms, according to
the degree of fit with the published Offer. It is expressly stated that the amounts for the reward that are
reported
on the Platform are gross, so that the corresponding tax must be deducted from said sums. Prior to the payment
of any Incentive,
the iHunter or Filterer must issue and send to iHunt the respective fee slip or Invoice for the corresponding
amount, which will be previously
confirmed and informed by iHunt.
5.3 The Company:The rates for the subscription of the Services will be informed onthe Platform. The payment
corresponding to the value for
the concept of access and use of the Platform and the Services may be made according to the plans and payment
methods published on the website.
In addition, each time the Company posts an Offer on the Site, it must establish Incentives for iHunters and
Filterers. iHunt reserves
the right to verify with the Company, the Candidate and the iHunter the fact of the eventual hiring of the
Candidate. The payment that
the Company must make for each concept, whether subscription or incentives, may be made by online payment,
deposit, voucher or
check. Once the payment has been validated, iHunt will send the respective invoice to the Company. All services
provided by
iHunt are subject to Value Added Tax ("VAT"),therefore, this concept must be added to all amounts. Any change in
the information
regarding the prices for the Services offered by iHunt, promotions, offers or conditions will take place before
receiving a request and will
only refer to future operations, without affecting, in any case, rights acquired by Users.
SIXTH: iHunt's obligations.
iHunt agrees to:
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Provide the Services in accordance with these Terms and Conditions and / or any other attached document
that the parties subscribe.
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To process the User's personal data in accordance with the Privacy Policies attached to this instrument and
current legislation.
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Pay the Incentives that are defined for each search according to the percentages and amounts published for
each Position.
SEVENTH: User's Obligations
The User agrees to:
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To use the data to which you have access according to the purposes for which they were provided,
as well as to keep absolute confidentiality and reserve over the data provided by other Users.
Likewise, the User undertakes to process the personal data to which they have access in accordance with the
Privacy Policies attached to this instrument and current legislation.
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Safeguard your Username and Password ("Account"), which are your responsibility and of exclusive use, and
you must make
correct use of them. Consequently, the Registered User will be, for all intents and purposes, solely
responsible for damages
caused by misuse by third parties of their Account. In case of detecting misuse of your Username or
Password, the User undertakes
to immediately notify iHunt,byEmailto the followingaddress:contacto@ihunt.one.
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Not to carry out any action or operation tending to hinder, evade or avoid the payments that correspond to
iHunt for
subscription concepts, Incentives or any other that is generated by reason of the Services.
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That all the information provided to iHunt, by whatever means, is true, reliable and verifiable. The User
will be
responsible for the damages generated in the event of inaccuracies in the information provided.
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Keep your personal information always updated.
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Use the Site, as well as its content, only for purposes that fall within the legal and regulatory
framework, in accordance
with morals and good customs, in accordance with public order and in accordance with these Terms and
Conditions, having,
by therefore, refrain from engaging in any type of discriminatory or threatening conduct or that may affect
the dignity of a person.
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Not to misuse passwords, either your own or those of third parties, as well as use accounts and / or
personal information of third parties.
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Not to produce, cause, take advantage of, or attempt to take advantage of, any error, virus, failure, defect
or inconsistency
("Error") in the Service or the Site or Platform, to achieve any advantage or disadvantage for, if or other
users. Likewise,
you are obliged to informiHunt of any Error, as soon as it comes to your knowledge.
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Unless expressly authorized by law, the User undertakes not to use, under any pretext, any name or trademark
that belongs to
iHunt, unless it has prior written authorization, and not to infringe any right of trademarks, patents,
trade secret, property
rights, representation and copyright, being otherwise responsible for the infringement of the obligations
assumed in this clause.
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Not to convert, reverse engineer, decompile, disassemble, or create derivative works of iHunt materials,
graphics, text, code, images, or software.
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To not remove any copyright or proprietary notices from iHunt or the materials contained therein.
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Tonot frame or use framing techniques in connection with the Service or any of the materials contained
therein;
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To not use, post or distribute any tag, meta, or other "hidden text" that uses the iHunt name or trademarks;
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Not to circumvent any encryption tool or other security measures used in any part of the Service
and the Platform, including the theft of usernames and passwords or the use of another person's username
and password in order to gain access to a restricted area of the Serviceor the Platform;
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Not to use any data mining, robots or similar tools to compile or extract data from the Platform;
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Not to use any device, software or routine to circumvent any operational element or to interfere, or attempt
to interfere,
with the proper functioning of the Platform, the server or the activities carried out on them;
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Not to take any action that imposes an unreasonable or excessive load on the Platform or its network
infrastructure;
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Not to use the Platform in connection with the distribution of emails or unsolicited commercial advertising.
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Strictly comply with the law applicable to its activity, including, but not limited to, environmental,
labor, fiscal, tax,
social security, anti-corruption and prevention and fight against money laundering, terrorism financing ,
bribery, bribery, as well as all the rules
and all other legal and regulatory obligations applicable to their activities.
EIGHTH: Non-Discrimination
The Service may never be used as a means or end for arbitrary discrimination of Candidates. For the purposes of
these Terms and
Conditions, discrimination will be understood as distinctions, exclusions or preferences based on reasons of
race, color, sex, age,
marital status, unionization, religion, political opinion, nationality, national ancestry, socioeconomic
situation, language, beliefs,
participation in trade union organizations, sexual orientation, gender identity, affiliation, personal
appearance, illness or disability or
social origin, which aim to nullify or alter equal opportunities or treatment in employment and occupation.
Consequently, the job offers made by a
Company, directly or through third parties and by any means, that indicate as a requirement to apply for them
any of the conditions referred to
in the preceding paragraph shall be considered, among others, acts of discrimination. . The iHunter must refrain
from carrying out any
conduct that could be classified asdiscriminatory. The above, specially in the interviews and questions that
they ask the Candidates, so the
evaluation that they carry out cannot be based on any of the criteria indicated in the first paragraph. The
Company must refrain from asking
questions that may be classified as discriminatory and undertakes to comply with the anti-discrimination
standards contemplated in the Labor
Code and current regulations. Both iHunter and the Company, in the event of engaging in arbitrary discrimination
behaviors, will be
personally liable for their actions, applying in any case the provisions of the following twelfth clause. The
obligations
and responsibilities contained in this clause not only govern conduct within the Platform, but also in social
networks or other means of
communication.
NINTH: Declarations and Special Obligations
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The User declares to be over 18 years of age and that he/she has the free administration of his/her assets,
that is,
that he/she can act in the sphere of law, without the ministry or authorization of third parties.
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The User authorizes iHunt so that the latter can send him/hernotifications and communications.
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The User declares that, in the event of being a legal person, he has all the legal and contractual
authorizations that are necessary
to sign these Terms and Conditions and assume the rights and obligations that emanate from it, as well as
that he
acts by means of a duly authorized agent or agents with sufficient powers, representation and powers to
contract legally
binding rights and obligations for the principal or principal legal entity.
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The User declares to know and accept that the use of the Platform, as well as the Services, is done at their
own risk,
criteria and discretion. The User acknowledges and accepts that given the technological nature of the Site
and, therefore, of the
software that stores its content, it is subject to inherent failuresin its operation and, therefore, is
exposed to
interruptions and / or unavailability , which are not necessarily under the control and responsibility of
iHunt. Due to the foregoing,
and given the aforementioned nature, iHunt may, from time to time, voluntarily affect the availability of
the Site, especially in
those cases where it is required (but not limited): a) to carry out maintenance, both preventive, as
corrective; b) update
its content; c) safeguard or incorporate measures to the security and integrity of the Site; d) or for any
other cause or reason. The User
acknowledges and accepts that iHunt is not and will not be responsible for the temporary delay, cut or
interruption of the Services if
said delay, cut or interruption was caused by the performance of the maintenance described above. Due to the
foregoing, the
User expressly renounces any action that is intended to pursue the damages or losses generated by said
interruption, temporary
delay or cut in the Services
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The User acknowledges that, in attention to what is stated in the preceding paragraphs, iHunt does not
guarantee continuous and
uninterrupted access to the Site and / or sections of it. In case of interruption, iHunt will do its best to
restore the Site, without any
kind of obligationor liability for iHunt.
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The User acknowledges and accepts that errors, omissions, inaccuracies and / or falsehoods in published
content, as well as
those supplied to iHunt by its Users, registered or not, are the responsibility of their authors.
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The User declares to know and accept that any damage or harm derived from failures in the Site, iHunt
software and /
or in its systems, which are not attributable to iHunt, will be the responsibility of whoever causes them.
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The User declares to know andaccept that iHunt has the right and not the obligation to monitor the Site,
therefore, it may, from
time to time, follow up on any information and / or suspicious behavior of the Users, according to its own
criteria, to ensure
the correct operation of theSite and to protect itself and other Users of the Site, with respect to conduct
that could be fraudulent and /
or infringement of the rights of the Users. The User declares to know and accept that in the event that
iHunt detects the use of material
protected by copyright, or receives a request from its owner or a competent authority, the latter will be
empowered to remove said
content from their systems.
TENTH: Absence of Labor Relationship
The contractual relationship between iHunt and iHunters and Filterers will be governed solely by this instrument
and will not give rise to a
relationship of subordination or dependency, but rather to a provision of services governed by the Civil Code.
The parties leave express testimony that these terms and conditions do not create a bond of subordination or
dependence between
them and that, consequently, the parties are not and cannot be considered an employer and worker, respectively,
nor do they create any
employment relationship; since the provider's work is discontinuous. Consequently, it is understoodthat these
Terms and Conditions are not
an employment contract covered by the Labor Code, but rather a civil service provision agreement.
ELEVENTH: Liability and Indemnity
11.1 The User undertakes to hold iHunt, as well as its directors, shareholders, managers, workers and
consultants, harmless from
and against any loss, claims, costs, damages, penalties, fines, including without limitation attorney's fees,
civil actions,
labor, social security and / or criminalactions, that third parties direct against you, or the persons indicated
above, in
relation to the purpose of the Services and that originates from acts carried out with intent or gross
negligence. This obligation
includes reasonable defense fees in court,costs and notifications.
11.2 Likewise, the User agrees to indemnify iHunt with respect to any claim, action, procedure, responsibility,
damage, punishment,
fine or expenses that iHunt must incur in any event that is related to: violation or breach of any term,
condition, representation or
guarantee of these Terms and Conditions, their annexes, any illegal or inappropriate use of the Services, any
violation
or alleged violation or transgression of any intellectual property, trademark, copyright, patent, or trade
secret, or non-proprietary
rights of third parties , including defamation, violation of privacy or any other fault
11.3 The Employer declares to know and accept that the purchase of the report and / or report called "Public
Background Report"
(hereinafter the "Report") that will accompany the candidate, has been prepared by the company Truora SAS
(hereinafter "Truora" )
based on information obtained by Public Accessible Sources (as this term is defined below) for which iHunt does
not provide any
guarantee regarding the accuracy or veracity of the information contained in the Report. Likewise, and
considering that the vast majority
of Public Accessible Sources use the name of a person as the only search parameter, the Employer declares to be
aware ofthose errors that may occur
as a result of scope or coincidence of names that do not necessarily relate with a Candidate. Due to the
foregoing, every Employer
must evaluate, according to their need, legal obligation and due diligence the results shown in the Report and,
in turn, will be solely responsible
for the use and decisions made based on the information provided in the report. Likewise, and especially
considering that neither iHunt
nor Truora manage or are responsible for managing and keeping the information updated, they will not be
responsible for its quality, and, therefore,
iHunt will only be responsible for communicating that information to Clients, which is available in Public
Accessible Sources. The foregoing with all
the limitations and errors that may occur as a result of matches in search patterns based on certain Personal
Data. In light of the foregoing, the
Employer exempts iHunt from all responsibility with respect to anything that relates to the content, quality,
veracity or the use or use of the information
contained in the Report.
TWELFTH: Term of Services
12.1 By the Company:The Company may terminate its Subscription by entering the Site with its User Name and
Password. The foregoing as
long as it is up to date with its payments, be they subscription concepts, incentives or any other.
12.2 By iHunter:The iHunter may
deleteitsaccount by entering the "My Account" section on the Site or the Platform.
12.3 By iHunt: iHuntmay terminate a subscription, at any time, with a notice with at least 5 days in advance.
Notwithstanding the foregoing,
iHunt may terminate the subscription earlier, without notice and immediately, if the reason for early
termination is caused by the violation,
by the User, of these Terms and Conditions or, in its defect, in situations of fortuitous event or force
majeure.
THIRTEENTH: Various
13.1 In the event that any of the provisions of these Terms and Conditions is judicially declared as
non-mandatory, such failure will not affect
compliance with the rest of the provisions. If any provision of these Terms and Conditions is considered
invalid, unenforceable, void
by any administrative body or competent court, or if, by law, any provision becomes invalid, unenforceable, null
and void, the
provisions
Remaining conditions will continue to be valid, in full force and effect and the parties will replace the
invalid, null or unenforceable
provision with a valid and applicable one that is as close as possibleto the spirit and purpose of the replaced
rule. If for
any reason a court of competent jurisdiction or an arbitrator determines that any provision of these Terms and
Conditions is not
applicable, or is null or for any reason, ineffective, said provision will apply to the extent permitted and the
other conditions of service will
continue.
13.2 The User may not assign their contractual position or the rights arising from these Terms and Conditions,
without the express written
authorization of iHunt. However, iHunt may assign this Agreement, it being sufficient for iHunt to inform the
User of the
transfer. The foregoing, unless the assignment is to a related party, in which case, the information will not be
necessary.
13.3 The delay or non-exercise of a right or remedy will not be considered as a waiver.
13.4 It will not be considered as an infringement of these Terms and Conditions, for an iHunter to publish on
their social networks, or to report by any means, the existence of a Position.
FOURTEENTH: Applicable Law and Jurisdiction
15.1 These Terms and Conditions will be governed by the laws of the Republic of Chile.
15.2 Any difference, controversy or conflict, in relation to these Terms and Conditions or that for any fact
related or not
to them, that arises between the User and iHunt, as well as its related parties, will be subject to the
exclusive jurisdiction
of the Courts Ordinaries of Justice based in the city of Santiago de Chile.
PRIVACY POLICY
These privacy policies describe the way that iHunt storesinformationabout its Users, Candidates or those who
visit the Site or
Platform, as well as the processes and ways in which such information is processed and protected. By
registering, visiting and / or
browsing or making use of any of the Services provided on the Site or Platform, you grant your consent to the
processing of the
Personal Data that you provide in accordance with the stipulations contained herein and Law 19.628 relating to
the Protection of
Private Life. In this way, this Privacy Policywill constitute a valid agreement between iHunt and the User who
freely uses the Services.
Similarly, the use of the Services implies acceptance by the User of the Terms and Conditions to which this
Privacy Policy is attached.
Definitions
For all purposes it will be understood that:
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Personal Data or Personal Data: those relating to any information concerning natural, identified or
identifiable persons.
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Sensitive Data: those personal data that refer to the physical or moral characteristics of people or to
facts or circumstances
of their private life or privacy, such as personal habits, racial origin, ideologies and political opinions,
religious
beliefs or convictions , physical or mental health states and sexual life.
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Sources Accessible to the Public: without prejudice to the provisions of letter i) of the second article of
the Data
Protection Law, it will also be understood as Sources Accessible to the Public any database whose query can
be made by anyone,
without further ado requirement that, where appropriate, the payment of a consideration and whose
consultation is open to the general public.
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Data Storage: the conservation or custody of data in a registry or data bank.
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Communication or Data Transmission: disclose in any way the personal data to people other than the owner,
whether determined or indeterminate.
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Data Owner: the natural person to whom the personal data refers.
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Data Processing, any operation or complex oftechnical operations or procedures, automated or not, that
allow to collect, store,
record, organize, elaborate, select, extract, compare, interconnect, disassociate, communicate, assign,
transfer, transmit or cancel
personal data, or use them in any other way.
Authorization for the Processing of Personal Data
By virtue of article 4 of the Law on the Protection of Private Life (“Law 19.628” or “Data Protection Law”)
through the use of the Services or the
Registration on the Site or Platform, the User expressly authorizes iHunt to process the Personal Data that you
provide us, be it through the Site,
Platform or any type of electronic communication or on a material support that may be used for the purposes of
the Services. For these
purposes, iHunt may store Personal Data suchit is like your name, address, telephone, email, geolocation, search
preferences, use and visits
to the Site or Platform, browsing habits, or any other necessary or linked to the provision of the Services. Due
to the foregoing, by accepting
this Privacy Policy, the User guarantees and undertakes that all the information provided is true, accurate,
current and authentic. Additionally,
the User is responsible for keeping their information permanently updated. iHunt is not responsible forerrors or
for the lack of veracity of
the data provided by the User. Considering the nature of the Services, the iHunters that make use of the
Services through the Site or the
Platform declare that they have the consent of the Candidate for the sending oftheir Personal Data or, failing
that, of the necessary form
to apply for the Available position. Likewise, through the use of the Services or Platform, or the application
for a Position, the User, and
especially the Candidate, expressly authorizes iHunt to use the Personal Data provided, in order to obtain and /
or collect their Personal Data available
in Public Accessible Sources, as this term is defined in letter i) of the second article of the Data Protection
Law, such as those
records available by the Civil Registry, Servel, Judicial Power, Google, among others. Likewise, through the use
of the Services or the
Platform, the User authorizes iHunt to share part of their personal data with the company Truora.SAS, the latter
provider of data search
servicesfrom Public Access Sources in order to validate the identity and provide the Employers with more
information regarding the Candidate.
Purposes of the Treatment
The Personal Data of the Users will be processed for the purposes of the Services offered on the Site. Likewise,
iHunt may use the Personal
Data for the exclusive use of itself, its associates and the entities to which it is affiliated, for
statistical, pricing or other purposes of general
benefit to them. Furthermore, the Personal Data provided by the Candidates will be used and processed in order
to allow the Candidate to participate
in one or more recruitment processes or offers carried out by one or more iHunters for one or more Companies.
Based on the personal
information that the Candidate provides, directly or through third parties, a Profile will be prepared which can
be viewed by one or
more iHunters and may be transmitted to one or more Companies that have contracted the Service, so that the
latter , evaluate the hiring or
not of the Candidate. The delivery of this information directly or indirectly will also constitute the consent
of the Candidate for the
Processing of their Personal Data.
Processing of Personal Data by Third Parties
In some cases, Personal Data may be processed by related companies or third parties, by themselves or through
suppliers, in order for Companies
to use them in their internal recruitment and selection procedures.
Users' Rights
The User will have, without any limitation, all the rights that the current law contemplates, especially those
contained in Law 19,628
in its articles 12 and following, that is, the right to access, clarification, rectification, cancellation
andopposition of their Data Personal.
To exercise the rights indicated above, the User must send an email to contacto@ihunt.one. The aforementioned
request must contain at
least the following information: (i) name and address; (ii) copy of your identity card, or any other document
that proves your identity,
and if the request is made through the legal representative, accompany the document that proves your powers as a
representative; (iii)
clear and precise description of the Personal Data on which one seeks to exercise any of the aforementioned
rights of access,
rectification, opposition, cancellation or revocation, as well as the clear and precise description of your
request; (iv) date and signature
of the applicant; and (v) any other element or document that facilitates the location of said personal data. The
exercise of the rights indicated
above will always and in any case be free, and they must be processed in a reasonable time and manner, and the
answer must be
intelligible for the User. Likewise, at anytime the User may request the suspension of promotional electronic
communications
in accordance with article 28 B of Law No. 19,496 on the Protection of Consumer Rights in the link designated
for that purpose in each
communication or to the email contact@ihunt.one.
Cookies
The Platform may use its own or third-party cookies, in order toe allow the proper functioning of the Platform,
as well as the provision of
the Services. It is the User's decision to allow or not the use of cookies, but if they do not allow it, their
access to certain sections
or functionalities of the Site or the Service may be limited.
Contact
If the User still has doubts about the way in which we collect Personal Data, its purposes or the rights it has
as the owner
thereof, do not hesitate to contact us at the email: contacto@ihunt.one
