JOBECAM PLATFORM TERMS OF SERVICE
JOBECAM TECNOLOGIA LTDA., headquartered in the City of São Paulo, State of São Paulo, at 115 Corveta Camacua Street, Vila Inah, ZIP CODE 05619-020, registered with CNPJ / MF under the number 26.517.659 / 0001-03, (“Contracted Party”); aims to enable the contracting of services by fully electronic recruitment, excluding the need to fill out paper data, intended for you, the Contracting Party, to validate and provide the necessary information for this purpose.
To access the Platform and use its features, the Contracting Party must read these Terms carefully and in full and, if they agree with its content, they shall express their views upon their first access to the Platform by selecting the corresponding checkbox to the “I Accept the Terms” option, demonstrating their free, express consent and agreeing to enter into a legally binding agreement with the Contracted Party (“Agreement”).
Further, by accepting these Terms, the Contracting Party declares that it has provided, by free and express consent, information for registration and login creation (“Registration”), and the Contracted Party has been authorized to use them for such purposes.
1.1. Thus, upon acceptance of these Terms, the Contracting Party acknowledges that the Contracted Party may use their contact details, such as telephone and email, to validate the information provided and generate the Agreement. The Contracting Party understands that, by clicking on “I accept the Terms”, it signs it electronically, having this signature legal value, equivalent to the handwritten signature, as provided for in article 10, paragraph 2 of Provisional Measure 2.200-2 / 2001, for all legal purposes.
1.2. Further, by accepting these Terms, the Contracting Party declares to be aware that it is solely and exclusively liable for all information provided upon registration, and is liable, including for third parties, for any damage or loss arising from incorrect, incomplete or untrue information inserted in this.
1.3. In addition, the Contracting Party acknowledges that the inclusion of any untrue, false or misleading information will subject it to all applicable sanctions under Brazilian law, including criminally.
2. PURPOSE AND LIMITATIONS OF THE PLATFORM USE
2.1. The Contracted Party is an online platform that enables the recruitment and the hiring of candidates digitally, electronically, through the Contracted Party’s video and artificial intelligence technology. By means of this Term, the Contracted Party will make available to the Contracting Party the use of the Platform and the services available described below (“Services”). The Contracting Party will have access to the video resumes or video interviews, resumes of the registered professionals (“Professionals”).
2.2. By using the Platform, the Contracting Party may also:
2.2.1. For the purposes of Clause 2.2 above, all Resumes and Professionals information that is shared with the Contracting Party's managers will be carried out via links that will have a term of 5 (five) days, then expire. Such links, within the specified term, will be the property of the Contracting Party.
2.2.2. The Contracting Party shall ensure that managers and others involved in the process who have access to the Professionals’ data and information, under the terms of Clause 2.2.1 above, shall comply with the data processing rules laid down in this Agreement and applicable legislation, and will not share the data with any third parties, otherwise will be charged the fine provided in Clause 4.5 below.
2.2.3. In the event of non-compliance with data processing rules by the Contracting Party’s manager or any of its employees, representatives or agents, the Contracting Party shall report such breach, as well as be liable for any and all consequences arising from the breach, keeping the Contracted Party free and hold harmless from any obligations to the Professional on this regard.
2.3. The Contracted Party has no obligation to verify the veracity or adequacy of the Contracting Party or advertisements, nor the information provided by the Contracting Party.
2.4. The Contracted Party does not guarantee that the Platform will run without interruption or error, and it may be temporarily interrupted for reasons of maintenance, upgrades or technical improvements. The Contracted Party disclaims all liability for damage caused by any interruption or functional failures. Under no circumstances will the Contracted Party be liable for any damages caused.
3. FEE AND PAYMENT TERMS
3.1. To use the Platform, the Contracting Party will pay to the Contracted Party the amount linked to the plan chosen on our site, which may be annual or monthly (“Plan”), through a Contracted Party’s currency package (“Jobcoins”) established in accordance with Annex I, which is an integral and inseparable part of this Agreement.
3.2. The Contracting Party may request upgrade of the previously chosen plan directly by the Platform, by clicking [-], whose value and quantity of Jobcoins may be negotiated and determined according to the Contracting Party’s need (“Customized Plan”).
3.3. The values of the Plans made available by the Contracted Party may be changed at any time, without the prior approval of the Contracting Party, however, the Contracted Party shall notify the Contracting Party about the change of values at least 15 (fifteen) days in advance of the end of the Contracting Party Plan, so that the Contracting Party may, in the following month, choose the Plan that best suits it or customize them.
3.4. In the event of non-payment within the deadlines indicated in Annex I, the Contracting Party will be prevented from accessing the Platform and using the Services, being fined 5% (five percent) and interest of 3% (three percent) per month on the amount of payments due and not made on time, without prejudice to the IPCA update, calculated on a daily pro rata basis from the due date to the actual payment date.
4. GENERAL OBLIGATIONS OF THE PARTIES
4.1. The obligations of the Contracted Party are, in addition to the others provided under these Terms and without prejudice to others arising from the existing legal system:
4.2. The Parties hereby agree that the Contracting Party may not share the data and information of the Professionals obtained through the Platform, under any circumstances, except with other agents, employees and / or directors of the Contracting Party.
4.3. Considering the obligations provided for by Law No. 13,709, of August 14, 2018 (“General Data Protection Law ”), in the event that any of the Professionals registered in the Platform request the deletion, alteration or correction of their registration information, or revocation of consent to the processing of your registration data, the Contracted Party shall notify the Contracting Party about the Professional's request, and the Contracting Party undertakes to delete, amend or correct, within two (2) calendar days, any and all data or information of such Professional under your care due to this Agreement and the Platform.
4.4. The Contracting Party further undertakes to notify the Contracted Party of any possible leakage of the Professionals’ data and information obtained through the Platform, within 24 (twenty-four) hours.
4.5. Non-compliance with the obligations laid down in Clauses 4.3 and 4.4 above, will result in the motivated termination of this Agreement, pursuant to Clause 8.2, as well as a daily fine of R $ 100,000.00 (one hundred thousand reais), plus interest of 3% ( per cent) per month, without prejudice to the IPCA update, calculated on a daily pro rata basis from the due date to the actual payment date.
4.5.1. Without the prejudice to the fine laid down above, in the event of non-compliance of the obligation to delete and protect the data of the Professionals, the Contracting Party shall also be liable for all losses and damages caused to the Contracted Party due to the non-compliance, and shall indemnify and compensate the Contracted Party for any amounts related to administrative and / or judicial proceedings filed against the Contracted Party.
220.127.116.11. In addition to the matter describe above, in case of non-compliance of the data protection obligation of the Contracting Party that may result in the application of the fine provided for in article 52, item II of the General Data Protection Law to the Contracted Party, it is hereby expressly agreed between the Parties that the Contracting Party shall fully reimburse the Contracted Party for the amount of the fine.
4.6. The Contracting Party declares knowledge that the Contracted Party has no liability for the Professionals selected through the Platform.
5. RISKS AND LIABILITIES
5.1. The Platform is accepted in its technical condition and perfection as it stands, and therefore the Contracted Party does not respond for any other warranties, including quality, internet functioning, productivity or results, or any other adjustments or adaptations not agreed accurately between the parties by written and signed document.
5.2. Both the Contracted Party and the Contracting Party declare to be fully aware that the use of any computer system, whether on the internal network or on the Internet, is subject to attacks by third parties, and neither party is liable to the opposing party or third parties for any damages caused by intrusions by any third party, such as hackers, except for liability for any breach of security obligations, especially the Contracting Party’s liability for the security of their passwords.
5.3. The Contracting Party is solely and exclusively liable for the use of the Platform, as well as for logins and passwords, before the Contracted Party or any third party, and undertakes to fully indemnify the Contracted Party for any damage caused to it by the illegal or irregular use of the Platform.
5.4. THE CONTRACTING PARTY SHALL NOT BE LIABLE FOR THE VERACITY OF ANY PROFESSIONALS’ INFORMATION PROVIDED BY RESUMES OR VIDEO INTERVIEW, OR ANY REGISTRATION OF THESE.
6.1. Through the Platform, the Contracted Party collects and stores the information actively entered by the Contracting Party, and may also collect some automatically generated information, such as access device characteristics, browser characteristics, IP access with date and time, IP source, information about clicks, pages accessed on and off the Platform, and more. Moreover, some technologies of a standard nature may be used to collect Contracting Party’s information, especially cookies, in order to improve its browsing experience.
6.2. The Contracted Party considers all information collected through the Platform confidential, ensuring that it will be treated and stored in accordance with the provisions of these Terms. The information registered and collected is used for the proper provision of services by the Contracted Party and for the submission of the Agreement, for statistical purposes and to improve the Contracting Party’s browsing experience, with which, from now on, the Contracting Party manifests its free, express and informed consent.
6.3. The data collected by the Contracted Party through the Platform will be stored on its own servers or contracted by it, ensuring compliance with current Laws involving the subject, including accredited security tests to ensure the security of their systems in the storage of such information, including the guidelines on safety standards established in art. 13 of Decree No. 8.771 / 2016, and requires the Contracting Party to store in the same way to ensure security in the storage of information collected through the Platform.
7. INTELLECTUAL PROPERTY
7.1. The intellectual and industrial property rights of any of the creations or innovations generated, developed or modified by reason of these Terms of Service, whether trademarks and other distinctive signs, reports, researches, inventions, utility models, industrial designs, computer programs and its source code, technology in general and works of any kind are and will be attributed solely and exclusively to the Contracted Party, in Brazil or abroad, with no rights to the Contracting Party.
7.2. Belong to and continue to belong to the Contracted Party all intellectual property rights that fall upon the Platform, as well as all other related products, services or programs, including the curriculum database registered at the site https: // jobecam .com /, existing or to be developed.
7.3. The Contracting Party may not reproduce, market, license, distribute the information of the Services or Platform of the Contracted Party, whether free of charge or not, even partially, by any mechanical, electronic, reprographic process, etc., without the written consent of the Contracted Party, being subject to the penalties provided by law and this Agreement.
7.4. Violation of the intellectual property obligation dealt with in the above Clauses by the Contracting Party (extended to its representatives), will promptly terminate the Agreement for breach of obligations, as well as compensation for the amount of damage suffered by the Contracted Party, to be duly updated accordingly to the base on the variation of lGP-M / FGV up to the date of its effective payment, without prejudice to indemnity for loss and damage and the adoption, by the aggrieved party, of the judicial and extrajudicial measures deemed appropriate.
8. TERM AND TERMINATION
8.1. This Term of Service shall become effective at the time the Contracting Party clicks on “I ACCEPT THE TERMS OF LIABILITY OF USE” and begins to use the Platform, and will remain in effect for a period of one (1) year, being automatically renewed every 1 (one) year, unless the Contracting Party expressly indicates non-renewal of the contract.
8.2. The Contracted Party reserves the right, at any time and for reasonable reasons, which shall include, without limitation, any reasonable belief in fraudulent or illegal activity or actions or omissions that violate any term or condition of these Terms of Service, to deny access to the Contracting Party to the Platform to protect its name, its business, and / or other users, including candidates. In this case these Terms of Service will be automatically terminated.
8.3. The Contracting Party may also terminate these Terms of Service after the expiration of the term described in item 8.1 above, upon notice of cancellation at least thirty (30) days in advance, but all applicable provisions of these Terms of Service shall survive termination, as identified below.
8.3.1. In the event of cancellation of the annual plan by the Contracting Party, before the termination term of this agreement, the Contracting Party shall bear a fine of 50% (fifty percent) of the total value of the contracted plan.
8.4. In any event of termination, the Contracted Party declares that understands and is aware that (i) the resume bank structure is and will remain the sole and exclusive property of the Contracting Party; (ii) all information from applicants is considered to be personal and sensitive information and may be restricted as a result of applicable law.
8.5. As a result of the termination of these Terms of Service, by any means or form, the Contracting Party will lose its access to the Platform, including its access to curriculum banks, and the Contracted Party may maintain in its systems the Contracting Party’s information required by law, or whose custody is recommended by the competent government agencies.
9. GENERAL DATA PROTECTION LAW
9.1. The Parties acknowledge and agree that they have reviewed and are familiar with the terms and provisions, and agree to comply, even if otherwise directed, in all aspects, the General Data Protection Law, and any other laws regarding data protection, as well as orders, decrees, regulations and their general and specific objectives. The Parties agree to notify each other immediately of any violation or suspected violation of this provision and are subject to the fine set forth in Clause 4.5 above.
9.2. The Contracting Party further undertakes to adopt security, technical and administrative measures to protect the data and personal information of the Professionals to which it has access through the Platform, as well as to formulate rules of good practice and governance that establish the conditions of organization, the operating regime, the procedures and other aspects related to the processing of personal data, which shall be presented to the Contracted Party to be aware of, ensuring the Contracted Party confidentiality of this information.
9.3. In addition, pursuant to Article 3 of the Law of Introduction to the Rules of Brazilian Law, the Parties declare that they may not excuse themselves from complying with the General Data Protection Law alleging that they are unaware of the obligations and principles laid down in that law.
9.4. The Contracting Party shall be prevented from processing the shared data differently from the Contracted Party, leaving the Contracted Party the right to use the necessary legal means, including, but not limited to the return action, in the event of loss.
9.5. The Contracting Party will be prevented from sharing with partner companies, either commercially or for data processing, as an operator, without the prior consent of the Contracted Party, and in such cases shall be submitted to the Contracted Party an impact report for effective sharing.
9.6. In case of an international transfer of the collected data, whether to companies of the same economic group or not, the Contracting Party shall submit all the details of the operation, including the impact report to the Contracted Party, which must be previously approved.
9.7. Henceforth, the Contracting Party hereby agrees to indicate who will be in charge of collecting and processing the shared data to the Contracted Party, including full name, social security number, telephone contact and email, which should always be available for contact.
10. GENERAL PROVISIONS
10.1. The non-exercise by either party of its rights or prerogatives shall always constitute mere liberality, not setting precedent for future noncompliance, nor alteration or extinction of the obligations contractually assumed, and may be exercised at any time, when convenient for its holder, including the requirement of overdue and unfulfilled obligations.
10.2. These Terms of Service may not be assigned in whole or in part by the Contracting Party without the prior and express written consent of the Contracted Party.
10.3. The Contracted Party reserves the right to change the conditions of these Terms of Service at any time, by informing the Contracting Party in advance.
10.4. The Contracted Party reserves the right, without prior notice, to update, modify, adapt or change the Platform and its interface with users and Contracting Party, whenever it believes that such modifications may result in technical improvement.
10.5. These Terms of Service bind the Parties and their successors, whatever they may be.
10.6. All provisions of these Terms of Service that provide for compliance with obligations or liabilities after the termination or extinction of this instrument, will persist its termination or extinction and will continue in full force and effect, specially concerning the intellectual property, confidentiality and privacy of data and information.
10.7. These Terms of Service do not establish any relationship of mandate, partnership and / or association, employment, agency, representation, consortium, joint venture or joint liability between the Contracted Party and the Contracting Party, which are independent and autonomous legal entities for all legal purposes, nor does it empower one party to represent the other in any legal business. The relationship set forth herein between the Contracted Party and the Contracting Party is valid solely for the purpose and effects of these Terms of Service.
10.8. In addition, if any part of these Terms of Service is considered invalid or unenforceable, such excerpt shall be construed in a consistent manner with the applicable law, to reflect, wherever possible, the original intention of the parties, and the other provisions will remain in full force and effect.
10.9. This Agreement, as well as the rights and obligations of the Parties laid down herein, will be governed, performed and construed according to the laws of Brazil.
10.10. Any dispute, controversy or plea relating to this Agreement (“Dispute”) shall be settled in the District of São Paulo City, State of São Paulo, Brazil.
10.11. This Agreement lays down all understanding and agreement of the Parties regarding this matter. Any prior agreement or understanding of the parties related to the subject matter of this Agreement is hereafter terminated.