TERMS OF USE FOR CANDIDATES

Last updated: 17 January 2023

The following terms of use (henceforth “TERMS”) regulate your access to and use as a CANDIDATE (henceforth “CANDIDATE”) from whichever country or location to webpages, content, products and services made available by SBA INNOVATION SPA (henceforth “AIRA”) or any of its subsidiaries. AIRA is a Joint-Stock Company established in Chile, based in Santiago de Chile, and is registered with the Santiago Chamber of Commerce.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. By accessing and/or using the SERVICES, you agree to be legally bound by these TERMS without reservation. If you do not accept these TERMS, you will not be able to access or use the SERVICES.

DESCRIPTION OF SERVICES

SERVICES: AIRA offers an internet web platform through which the COMPANY can create and administer recruitment and selection processes which CANDIDATES can apply to (henceforth the “SERVICES”).

In this context:

COMPANY: refers to an organisation that creates and manages recruitment and selection processes for its job opportunities (henceforth, the “JOB OPPORTUNITIES”) or third parties, through their user accounts (henceforth, the “COMPANY”). Each COMPANY assigns one (or more) employee(s) and/or contributor(s) who act(s) on its behalf to make use of the SERVICES. In the case of corporate businesses or conglomerates made up of various business units and/or brands, these multiple business units and/or brands that use the SERVICES will be treated as a single COMPANY.

CANDIDATE: refers to a natural person participates in a recruitment and selection process as offered by a COMPANY through the SERVICES.

RESPONSIBILITIES

RESPONSIBILITIES OF AIRA: AIRA offers its SERVICES in a proper and timely manner, in accordance with the conditions outlined in these TERMS, thereby allowing the CANDIDATE to apply to the published JOB OPPORTUNITIES through AIRA’s SERVICES. To facilitate this, AIRA will carry out the actions that will:

1. Assure the CANDIDATES that they will be subject to selection processes defined by the COMPANY, but executed through the technology offered by AIRA, in a standardised manner. This way, the CANDIDATES will have the same opportunity to demonstrate their suitability for a job opportunity, and thereby convince the COMPANY that they are the right candidate.

2. Render the SERVICES through techniques and procedures that seek to create an appropriate experience for the CANDIDATES.

3. Protect the privacy of the CANDIDATES, according to the Chilean Law Nº19.628 on Protection of Privacy and Personal Data or any other Applicable Law in any country where the data is processed.

AIRA is in no way involved in (1) the definition of the recruitment and selection processes or in (2) the hiring decisions made by the COMPANY, nor in (3) the relationship, whatever form it takes, between the CANDIDATE and the COMPANY. Thus, AIRA solely provides its technology to carry out the SERVICES through which the CANDIDATE and the COMPANY interact. Accordingly, AIRA has no control over the conduct of COMPANIES or CANDIDATES, and therefore, is not involved in any deal or agreement, in any format, that occurs between the COMPANY or its users nor the CANDIDATE, and, to the extent permitted by the applicable law, does not assume any responsibility in this respect.

RESPONSIBILITIES OF CANDIDATES:

Without prejudice to the remaining provisions contained in these TERMS, the CANDIDATE’S obligations are:

1. Taking full responsibility when applying to the JOB OPPORTUNITIES offered by the COMPANY, by providing AIRA with the information required by AIRA or the COMPANY as necessary for the execution of the SERVICES. This information must be submitted with truthfulness, accuracy, validity, and authenticity.

2. Using the SERVICES through techniques and procedures that do not negatively affect AIRA.

3. Providing AIRA with all the information that could be useful for the delivery and/or improvement of the SERVICES.

4. Providing AIRA with the minimum required rights to be able to process and transmit their personal information, as requested by the COMPANY through AIRA’s SERVICES.

5. Respecting the intellectual property of AIRA and its SERVICES, promising in good faith to not modify it, reproduce it, or copy it, as well as not providing information to third-parties, maintaining absolute confidentiality about the Solution or the SERVICES, which could lead to one of the actions described above.

TERMS OF USE

RIGHT OF USE: Subject to compliance with these CONDITIONS, AIRA grants the CANDIDATE an exclusive license to access and use the SERVICES in order to apply to the JOB OPPORTUNITIES published by the COMPANY. This license is limited, non-exclusive, non-sublicensable, revokable, and non-transferable. AIRA reserves any right not expressly granted herein.

USE RESTRICTIONS: It is expressly prohibited for the CANDIDATE to use AIRA for any purpose except to apply as an individual (natural person) to the JOB OPPORTUNITIES published by the COMPANIES through the SERVICE. In addition, the CANDIDATE may not: (i) remove any copyright, trademark, or other proprietary notice from any part of the SERVICES; (ii) reproduce, modify, or create derivative works of the SERVICES, distribute, license, lease, resell, transfer, publicly display or present, transmit, retransmit, or otherwise exploit the SERVICES, unless expressly permitted by AIRA; (iii) decompile, reverse engineer, or disassemble the SERVICES, unless 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, analysing, or otherwise data mining any part of the SERVICES or unduly overloading or blocking the operation and/or functionality of any aspect of the SERVICES; or (vi) trying to obtain unauthorised access or damaging any aspect of the SERVICES or its related systems or networks.

CHANGES TO TERMS: AIRA may modify the TERMS when it considers it appropriate. These changes will be effective once the TERMS are published by AIRA on its website. Your continued access or use of the SERVICES after this publication constitutes your consent to be bound by the TERMS and their modifications.

VALIDITY OF TERMS: Through their access and use of the SERVICES, the CANDIDATE declares that they are legally bound without any reservation to these TERMS. The CANDIDATE may not cede or transfer these TERMS, fully or partially, without the prior written consent of AIRA. By ceasing to use AIRA’s SERVICES, the CANDIDATE remains legally subject to these TERMS. The CANDIDATE authorizes AIRA to cede or transfer these TERMS, fully or partially, to: (i) a subsidiary or an affiliate; (ii) an acquirer of the capital, business, or assets of AIRA; or (iii) a successor by merger. There is no joint venture, partner, employment, or agency relationship between the CANDIDATE, AIRA, or any Third-Party Provider as a result of the use of the SERVICES.

If any provision of these TERMS is considered to be illegal, void, of unenforceable, fully or partially, under any law, such provision or part thereof shall be deemed to not form part of these TERMS, although the legality, validity, and enforceability of the remaining provisions of these TERMS will not be affected. In this case, the parties shall replace said illegal, invalid, or unenforceable provision, fully or partially, with a legal, valid, and enforceable provision that has, to the greatest extent possible, a similar effect to that of the illegal, invalid, or unenforceable provision, according to the contents and purpose of these TERMS. These TERMS constitute the entire agreement and understanding between the parties in relation to the object and supersede and replace all previous or current contracts in relation to said object. In these TERMS, the words “included” and “includes” mean “included, merely by way of example”.

LIMITATIONS OF LIABILITY: The SERVICES are provided “as is” and “as available”. AIRA will not provide express, implicit, or statutory guarantees that are not expressly established in these TERMS. In addition, AIRA does not make any statement or offer any guarantee regarding the reliability, timeliness, quality, suitability, or availability of the SERVICES. AIRA does not guarantee the quality, suitability, security, or ability of any candidate selected on behalf of the COMPANY. The CANDIDATE agrees and accepts that AIRA is not in any way responsible or directly involved in the hiring decision, which is the sole responsibility of the COMPANY. The CANDIDATE agrees that all risk derived from their use of the SERVICES and any service or good requested in connection therewith will be solely with the CANDIDATE, to the maximum extent permitted by the applicable law.

APPLICABLE JURISDICTION: These TERMS will be governed and interpreted exclusively by virtue of the legislation of the city and municipality of Santiago de Chile through its Ordinary Courts of Justice, regardless of the provisions made in the case of legal challenge, for any processes for which the parties reserve the right to claim injunctions or other similar measures before an appropriate court in order to prevent the breach, misappropriation or the real or potential infringement of copyrights, trademarks, business secrets, patents or other intellectual property rights of one of the parties. The language of mediation and/or arbitration will be Spanish. The existence and content of the mediation and arbitration procedures, including the documents and reports submitted by the parties, the correspondence of the Ordinary Court of Justice, the correspondence of the mediator, and the correspondence, orders, and rulings issued by the sole arbitrator shall remain strictly confidential and shall not be disclosed to any third-party without the express written consent of the other party, unless: (i) third-party disclosure is reasonably necessary for the mediation or arbitration proceedings; and (ii) the third-party unconditionally agrees in writing to be bound by the confidentiality obligation set forth in this document.

MINORS: AIRA’s SERVICES are only available to those who have the legal capacity to be hired and/or used. Therefore, those who do not meet this condition must refrain from providing personal information to be considered for JOB OPPORTUNITIES. Notwithstanding the above, they can do so through parents or guardians, in accordance with Law 19.628 of Chile or any other Applicable Law.

PROVISION OF CORRECT INFORMATION: The CANDIDATES guarantee and are responsible, in all cases, for the veracity, accuracy, validity, and authenticity of the personal information that they provide, and promise to keep it duly updated. Providing incorrect information and/or accepting any kind of external help in the application process is strictly prohibited. In the event that the CANDIDATE fails to comply with this clause, AIRA reserves the right to deny access and use of its SERVICES.

PROPERTY AND CONFIDENTIALITY

AIRA SERVICES INTELLECTUAL PROPERTY: The CANDIDATE accepts and agrees that the SERVICES, including all texts, images, illustrations, designs, downloadable material and other content found on the platform, and associated intellectual property rights, are exclusive property, under perpetual, irrevocable, and worldwide ownership of AIRA and its licensors and will be transferrable (exclusively to a successor in the event of an incorporation, reorganisation, or sale of all or part of the property) or licensable to COMPANIES, as applicable, to use the SERVICES. None of the TERMS or the use of the SERVICES transfer or grant the CANDIDATE any right: (i) over or in relation to the SERVICES, except in relation to access and use of the SERVICES; or (ii) to use, copy, reproduce, distribute, remove, alter, hide, or refer to the SERVICES in any other manner, including all text, images, illustrations, designs, downloadable material and other content found on the portal, associated intellectual property rights of AIRA or its licensors, unless the CANDIDATE has the express prior written authorisation of AIRA.

OWNERSHIP OF INFORMATION PROVIDED BY AIRA: All the information, specifications, documentation, business rules, determination of relevant variables and any other information disclosed to the CANDIDATE by AIRA, whether or not for, or in relation to, the provision of the SERVICES and/or for any other reason, is the exclusive property of AIRA.

OWNERSHIP OF INFORMATION PROVIDED BY CANDIDATES: The information provided by the CANDIDATE through AIRA’s SERVICES is considered the property of the CANDIDATE themselves. However, by using the SERVICES, the CANDIDATE explicitly authorises AIRA to request, use, process, collect, store, and share their personal data, both directly and through the COMPANIES that use its SERVICES. The CANDIDATE's information will be shared with the COMPANIES that make use of the SERVICES. In the event that a COMPANY is part of a business group associated with multiple brands and/or business units, the CANDIDATE's information may be shared among all the units that use the AIRA SERVICES. AIRA reserves the right to use the information provided by CANDIDATES anonymously to improve the quality of its SERVICES.

PRIVACY PROTECTION: The CANDIDATES who use AIRA’s SERVICES will have their privacy protected, in accordance with the Chilean privacy law Law 19.628 of Chile on the Protection of Private Life and Personal Data or any other Applicable Law in each of the countries in which information is processed.

COLLECTED INFORMATION:

• What information is collected?:

  1. 1. When creating an account with AIRA, the CANDIDATES are invited to provide their personal contact information, which includes their name and password. Additionally, CANDIDATES may voluntarily provide information regarding their education and work experience, their job preferences and/or other information as deemed relevant.

     2. Additionally, when applying to JOB OPPORTUNITIES, CANDIDATES must provide all information as solicited by the COMPANIES, which may include but is not limited to psychometric tests, video presentations, employer references, and/or information as deemed relevant by the COMPANY.

• Why is the information collected? The information is collected by AIRA in order to evaluate, compare, and rank the CANDIDATES according to the selection criteria defined by the COMPANY for a particular JOB OPPORTUNITY.

• How is the collected information used? AIRA´s SERVICES uses various algorithms and models, which allow CANDIDATES to be measured according to different dimensions and score their results, before presenting the COMPANIES with multifactorial analyses that allow them to decide who will continue in the selection process. AIRA’s algorithms do not consider sociodemographic information, nor do they include irrelevant data for the selection process, always seeking to present the merits of each CANDIDATE for the JOB OPPORTUNITY in question. In any case, AIRA is not in any way responsible for the hiring decisions made by the COMPANY, which weighs the information it receives by incorporating their knowledge of the market and their own criteria.

• Who can see the information? AIRA shares the CANDIDATE’s information with the COMPANIES that use its SERVICE. Notwithstanding the above, to simplify the CANDIDATE’s application process and guarantee that everyone is evaluated under the same conditions, AIRA reserves the right to preload information and/or results of psychometric tests previously completed by the CANDIDATE.

• How can I update my information? The CANDIDATE may at any time exercise their right to access, remove, modify, and update their personal information directly on the AIRA platform. To do this, they can go to different sections depending on the information that they want to update. To:

  1. 2. 1. 1. 1. 1. 1. Update your profile on AIRA -> “My Profile”

                    2. Update your application information -> “My Job applications” -> Choose job application

                    3. Remove yourself from all job applications for a particular company -> “Settings” (within your profile) -> “Follow companies” section

                    4. - Delete all AIRA account data -> “Settings” (within your profile) -> “Manage my job applications”

• How can I request for all of my information to be deleted?: The CANDIDATE can at any time request the deletion of all the information they have entered on the platform, by following one of these steps:

  1. 2. 1. 1. 1. 1. 1. Writing to help@airavirtual.com, requesting to delete your information.

                    2. Delete all AIRA account data -> “Settings” (within your profile) -> “Manage my job applications”

CONFIDENTIALITY OF INFORMATION: All information belonging to the CANDIDATE and AIRA is considered confidential, and it is expressly prohibited to disclose it, unless expressly authorised in advance and in writing by the corresponding counterparty.

AIRA may only use the INFORMATION owned by the CANDIDATE in relation to the SERVICES that are the subject of these TERMS. AIRA is obliged not to disclose the CONFIDENTIAL INFORMATION during the validity of these TERMS or after their expiration by any means, be it orally, written, or in any other manner, as well as any other information related to the CANDIDATE that comes to its knowledge on the occasion of these TERMS, unless there is express, prior written authorisation from the CANDIDATE.

Likewise, the CANDIDATE may only use the INFORMATION owned by AIRA in relation to the SERVICES that are the subject of these TERMS and must delete it at the end of the use of the SERVICES. The CANDIDATE promises not to disclose the CONFIDENTIAL INFORMATION during the validity of these TERMS or after their expiration by any means, be it orally, written, or in any other manner, as well as any information related AIRA or any of its related companies, which comes to their knowledge on the occasion of these TERMS, unless there is express, prior written authorisation from AIRA.

AIRA is not liable for the information that is revealed in the event that due to judicial requests or orders, or legal regulations, it is obliged to share full or partial information with authorities or third parties. In the same way, AIRA will not be responsible in the event that its suppliers fail to comply with its standards in the handling of information.