These conditions of use ("CONDITIONS") regulate the access or use that you make, as an applicant ("APPLICANT"), from any country in the world of web pages, content, products and services ("SERVICES") made available by SBA TECHNOLOGY & SOLUTIONS SPA, (hereinafter "AIRA") a Joint Stock Company incorporated in Chile, with registered office at Alberto Risopatrón 2739, Providencia, Santiago, Chile, registered in the Chamber of Commerce of Santiago with RUT N° 76.543.818-7.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. By accessing and using the SERVICES you agree to be legally bound without any reservation by these CONDITIONS. If you do not agree to these TERMS, you may not access or use the SERVICES.
DESCRIPTION OF SERVICES
AIRA SERVICES: AIRA offers an online platform through which the COMPANY can create and manage recruitment and selection processes and APPLICANTS can apply to them (hereinafter collectively, the "SERVICES").
In this context:
COMPANY: refers to an organization that creates and manages recruitment and selection processes for its job offers through its user accounts. Each company assigns one(s) employees acting on behalf of that company to use the SERVICES.
APPLICANT: refers to a natural person who requests from a COMPANY the opportunity to participate in its recruitment and selection process, with the aim of eventually being hired for said job offer.
RESPONSIBILITIES OF AIRA: AIRA undertakes to make the SERVICES available in a correct, complete and timely manner, in accordance with the terms agreed in these CONDITIONS, thus allowing the APPLICANT to apply for job offers warned through the SERVICES of AIRA. To facilitate this, AIRA is committed to:
- Provide the SERVICES in a correct, timely and complete manner, such that all APPLICANTS will be subject to selection processes defined by the COMPANY but executed by AIRA in a highly objective and standardized manner, thus giving all APPLICANTS equal opportunities to provide and convince the COMPANY of its good fit with the job offer.
- Execute the SERVICES using techniques and procedures that do not cause harm to the APPLICANTS.
- Protect the Privacy of Applicants, as regulated in Law 19.628 on the Protection of Private Life and Personal Data or some other Applicable Law.
AIRA is in no way involved in the recruitment and selection processes administered on its platform between the COMPANY and the APPLICANT. Thus, AIRA has no control over the conduct of COMPANIES and APPLICANTS and is not a party to any agreement signed between the COMPANIES and APPLICANTS and, to the maximum extent permitted by law, assumes no responsibility in this regard.
RESPONSIBILITIES OF APPLICANTS:
Without prejudice to the other provisions contained in these CONDITIONS, the following will be the obligations of APPLICANTS:
- Take charge of the responsibility of applying for job offers of the COMPANY, providing exclusively information with veracity, accuracy, validity and authenticity; and
- Use the SERVICES using techniques and procedures that do not cause harm to AIRA.
- Provide AIRA in a timely manner with the information that is necessary for the execution of the SERVICES, which has been previously required by the AIRA; and
- Deliver in a timely manner to AIRA all information that may be useful for the improvement and provision of the SERVICES; and
- Grant AIRA the minimum rights necessary to be able to process and communicate your personal information, as requested by the COMPANY through the AIRA SERVICES,
- Respect the intellectual property of AIRA of its SERVICES, obliging itself in good faith not even to try to modify, reproduce or copy it, as well as to deliver any information to third parties, keeping the most absolute confidentiality of the Solution or the Services, which could lead to any of the actions described above.
RIGHT OF USE: Subject to compliance with these CONDITIONS, AIRA grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access to and use the SERVICES exclusively to be able to apply to the VACANCIES noticed by the COMPANY; and (ii) access to and use of any content, information and related material that may be made available through the SERVICES, in each case only for your personal, non-commercial use. AIRA reserves any rights not expressly granted herein.
RESTRICTIONS OF USE: The APPLICANT is explicitly prohibited from using AIRA for any purpose except to apply as a natural person to the job offers noticed by COMPANIES through our SERVICE. In addition, applicant may not: (i) remove any copyright, trademark or other proprietary notice from any part of the SERVICES; (ii) reproduce, modify, prepare derivative works on the SERVICES, distribute, license, lease, resell, transfer, publicly display, publicly perform, transmit, retransmit or otherwise exploit the SERVICES, except as expressly permitted by AIRA; (iii) decompile, reverse engineer or disassemble the SERVICES, except as permitted by applicable law; (iv) link, mirror or frame any part of the SERVICES; (v) cause or launch any program or script for the purpose of extracting, indexing, analyzing or otherwise prospecting data from any part of the SERVICES or improperly overloading or blocking the operation and/or functionality of any aspect of the SERVICES; or (vi) attempt to gain unauthorized access to or damage any aspect of the SERVICES or their related systems or networks.
MODIFY CONDITIONS: AIRA may modify the CONDITIONS when it deems appropriate. The modifications will be effective after the publication by AIRA of said updated CONDITIONS on its website. Your continued access to or use of the SERVICES after such posting constitutes your consent to be bound by the TERMS and their modifications.
VALIDITY CONDITIONS: APPLICANT declares through his access and use of the SERVICES to be legally bound without any reservation by these CONDITIONS. The APPLICANT may not assign or transfer these CONDITIONS, in whole or in part, without the prior written consent of AIRA. By ceasing to use the AIRA SERVICES, the APPLICANT remains legally subject to the AIRA CONDITIONS. Applicant gives its approval to AIRA to assign or transfer these TERMS, in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of AIRA's capital, business or assets; or (iii) a successor by merger. There is no joint venture or partner, employment or agency relationship between the APPLICANT, AIRA or any Third Party Provider as a result of the use of the SERVICES.
If any provision of these TERMS is held to be unlawful, void or unenforceable, whether in whole or in part, pursuant to any law, such provision or part thereof shall be deemed not to form part of these TERMS, although the legality, validity and enforceability of the remainder of the provisions of these TERMS shall not be affected. In that case, the parties shall replace such illegal, void or unenforceable provision, in whole or in part, with a legal, valid and enforceable provision that has, to the extent possible, an effect similar to that of the illegal, null or unenforceable provision, given the contents and purpose of these CONDITIONS. These TERMS constitute the entire agreement and understanding between the parties in relation to the subject matter and supersedes and supersedes all prior or contemporaneous contracts or agreements relating to such subject matter. In these TERMS, the words "including" and "includes" mean "including, but not limited to."
LIMITATIONS OF LIABILITY: Services are provided "as is" and "as available." AIRA disclaims all representations and warranties, express, implied or statutory, not expressly set forth in these TERMS, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, AIRA makes no representations or warranties regarding the reliability, timeliness, quality, suitability or availability of the services or any of the services or goods requested through the use of the services, or that the services will not be interrupted or error-free. AIRA does not guarantee the quality, suitability, safety or skill of the selection by COMPANIES. The APPLICANT agrees that AIRA is not in any way responsible or directly involved in the hiring decision, which is the sole responsibility of the COMPANY. The APPLICANT agrees that all risk arising from his use of the services and any service or good requested in relation to those will be solely of the APPLICANT, to the maximum extent permitted by applicable law.
APPLICABLE JURISDICTION: These CONDITIONS shall be governed by and construed exclusively by virtue of the legislation of the city and commune of Santiago de Chile through its Ordinary Courts of Justice, regardless of the provisions in case of conflict of law, for any processes for which the parties reserve the right to claim precautionary measures or other similar measures before a competent court in order to prevent non-compliance, the misappropriation or actual or potential infringement of the copyrights, trademarks, trade secrets, patents or other intellectual property rights of one of the parties. The 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG) will not apply. The language of mediation and/or arbitration shall be Spanish. The existence and content of mediation and arbitration proceedings, including documents and reports submitted by the parties, correspondence from the Ordinary Court of Justice, correspondence from the mediator and correspondence, requests and awards issued by the sole arbitrator shall remain in strict confidence and shall not be disclosed to any third party without the express written consent of the other party, unless: (i) disclosure to the third party is reasonably necessary to conduct the mediation or arbitration proceeding; and (ii) the third party unconditionally agrees in writing to be bound by the obligation of confidentiality set forth herein.
MINORS: AIRA SERVICES are only available to those who have the legal capacity to be hired. Therefore, those who do not meet this condition should refrain from providing personal information to be considered for job offers. However, they can do so through parents or guardians, in accordance with Law 19.628 of Chile or some other Applicable Law.
PROVISION OF CORRECT INFORMATION: Applicants guarantee and respond, in any case, to the veracity, accuracy, validity and authenticity of the personal information provided, and undertake to keep it duly updated. It is explicitly forbidden to provide misinformation and/or accept any kind of outside help in the application process.
OWNERSHIP AND CONFIDENTIALITY
INTELLECTUAL PROPERTY AIRA SERVICES: The APPLICANT accepts and agrees that the SERVICES, including all texts, images, illustrations, designs, downloadable material and other content found on the platform, associated intellectual property rights, are the exclusive, perpetual, irrevocable and global property of AIRA and its licensors and will be transferable (exclusively to a successor in case of an incorporation, reorganization or sale of all or effectively all the property) or licensable to COMPANIES to use the SERVICES. None of these TERMS or your use of the SERVICES transfer or grant applicant any rights: (i) in or in connection with the SERVICES, except as to the limited license granted above; or (ii) to use, copy, reproduce, distribute, remove, alter, hide or otherwise mention the SERVICES, including all texts, images, illustrations, designs, downloadable material and other content found on the portal, associated intellectual property rights of AIRA or its licensors, unless the APPLICANT has the prior express written authorization of AIRA.
PROPERTY INFORMATION PROVIDED BY AIRA: All information, specifications, documentation, business rules, determination of relevant variables and any other antecedents made known to the APPLICANT by AIRA, whether or not for, or in relation to, the provision of the SERVICES and / or for some other reason is the exclusive property of AIRA.
PROPERTY INFORMATION PROVIDED BY APPLICANTS: The information provided by APPLICANTS through the SERVICES of AIRA is considered the property of the applicants themselves. However, by using the SERVICES, the APPLICANT authorizes AIRA to request, process, collect, store and share their personal data, exclusively for the purpose of facilitating their application to job offers of COMPANIES through the SERVICES of AIRA. AIRA undertakes not to disclose the information of APPLICANTS with other companies, except under the express, prior and written authorization of the applicants themselves. However, AIRA reserves the right to use the information provided by APPLICANTS in an anonymized form to improve the quality of its SERVICES.
PRIVACY PROTECTION: Applicants who use AIRA's SERVICES enjoy each and every one of the privacy rights referred to in Law 19.628 of Chile on the Protection of Private Life and Personal Data, and may especially exercise the rights to access, cancel, modify and update their personal information, including your e-mail address, as well as to oppose the treatment of the same and to be informed of the assignments carried out, all in accordance with the provisions of the aforementioned legal body.
CONFIDENTIALITY INFORMATION: All the proprietary information of the APPLICANTS and AIRA is considered confidential information and it is expressly forbidden to disclose it, unless express, prior and written authorization of the corresponding counterparty.
AIRA may only use the INFORMATION owned by the APPLICANT in relation to the SERVICES subject to these CONDITIONS, and must return it at the end of the validity of the CONDITIONS. AIRA undertakes not to disclose the CONFIDENTIAL INFORMATION during the validity of the CONDITIONS or after its termination by any means, whether oral, written or of any other nature, as well as any other antecedent related to the APPLICANT or any of its related companies, which comes to your knowledge on the occasion or occasion of these CONDITIONS, unless expressly authorized, prior and in writing by the APPLICANT.
Likewise, the APPLICANT may only use the INFORMATION owned by AIRA in relation to the SERVICES subject to these CONDITIONS, and must delete it at the end of the use of the SERVICES. The APPLICANT undertakes not to disclose the CONFIDENTIAL INFORMATION during the term of the CONDITIONS or after its termination by any means, whether oral, written or of any other nature, as well as any other antecedent related to AIRA or any of its related companies, which comes to his knowledge on the occasion or occasion of these CONDITIONS, unless expressly authorized, prior and in writing by AIRA.
Possibly under court orders, or legal regulations, AIRA will be compelled to disclose information to authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or data transmissions, in which case AIRA will not be liable for the information that is disclosed.