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.
Authentication: the action of accessing the Site as a Registered User by entering ausername and Password in the authentication section of the Site.
Candidate: aperson who has been contacted by an iHunter and who is available to apply for a Position.
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.
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.
Days: meansconsecutive days, unless expressly stated otherwise.
Company, Employer or Client: any natural or legal person that contracts the Services offered by iHunt.
Interview: the completion of a questionnaire by an iHunter to a Candidate for a specific position.
Filterer: that person,independent of iHunt,who participates in the Candidate filtering process.
iHunt: means iHunt SpA, RUT 76.580.320-9
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.
Incentives: that amount that the Company assigns to encourage iHunters to search for Candidates.
Short List:the pre-selection of Candidates with the best fit according to the vacancy published by the Company.
Offer: that communication in which a Company, iHunt or an iHunter discloses a Position.
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.
Position: a vacancy or job that a Company needs to fill through the Service.
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.
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.
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.
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.
Unregistered User: means that User who has not completed the User Registration process, and therefore does not have a User Name and Password.
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.
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:
Provide the Services in accordance with these Terms and Conditions and / or any other attached document that the parties subscribe.
To process the User's personal data in accordance with the Privacy Policies attached to this instrument and current legislation.
Pay the Incentives that are defined for each search according to the percentages and amounts published for each Position.
The User agrees to:
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.
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:email@example.com.
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.
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.
Keep your personal information always updated.
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.
Not to misuse passwords, either your own or those of third parties, as well as use accounts and / or personal information of third parties.
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.
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.
Not to convert, reverse engineer, decompile, disassemble, or create derivative works of iHunt materials, graphics, text, code, images, or software.
To not remove any copyright or proprietary notices from iHunt or the materials contained therein.
Tonot frame or use framing techniques in connection with the Service or any of the materials contained therein;
To not use, post or distribute any tag, meta, or other "hidden text" that uses the iHunt name or trademarks;
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;
Not to use any data mining, robots or similar tools to compile or extract data from the Platform;
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;
Not to take any action that imposes an unreasonable or excessive load on the Platform or its network infrastructure;
Not to use the Platform in connection with the distribution of emails or unsolicited commercial advertising.
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.
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
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.
The User authorizes iHunt so that the latter can send him/hernotifications and communications.
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.
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
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.
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.
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.
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.
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.
For all purposes it will be understood that:
Personal Data or Personal Data: those relating to any information concerning natural, identified or identifiable persons.
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.
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.
Data Storage: the conservation or custody of data in a registry or data bank.
Communication or Data Transmission: disclose in any way the personal data to people other than the owner, whether determined or indeterminate.
Data Owner: the natural person to whom the personal data refers.
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
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.
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 firstname.lastname@example.org. 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 email@example.com.
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: firstname.lastname@example.org