Terms and Conditions Laborin Mobile Application

Index:

• Introduction
• Obligations
• Rights and limitations
• Responsibility
• Rescission
• Applicable legislation and conflict resolution
• Laborin Do’s and Don’ts
• Complaints regarding content
• How to contact us

Introduction

1.1 Laborin

Laborin (hereinafter and interchangeably, “Laborin” the “Application”, the “Company”, “Our” or “We”), makes available to its users (the “User” or the “Users”), a mobile application called Laborin available on the Play Store and App Store platforms, for Android and Apple, respectively.

Our application is designed to provide support to users by functioning as an intermediary platform. Thus, in the case of applicants, it offers them a variety of job opportunities based on the offers published by employers. Then, with respect to employers, our functions as intermediaries allow us to generate an effective link between the profiles sought by the company and the applicants.

Laborin works with a series of technical skills defined in response to the different employment opportunities that can be found on the platform. LABORIN rejects any discrimination that is not based on professional suitability.

These terms and conditions (“Contract” or “Conditions of use”) regulate the entire commercial relationship that Users will have with Laborin, constituting a legally binding contract between the parties.

You are signing this Contract with Laborin.

1.2 Contract

In general terms, we must note that when you use our Services you agree to comply with all of these terms.

Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share and store your personal information.

By clicking on “Join Now”, “Join Laborin”, “Register” or another similar link, registering, accessing or using our services (described below), you agree to enter into a legally binding contract with Laborin (even if you are using our Services on behalf of a company).

If you do not agree to this Agreement, do not click “Join Now” (or similar link) and do not access or otherwise use our Services. If you wish, you can terminate this contract at any time; To do this, you must close your account and (not access or use our Services).

These Conditions apply to all our members, whether you enter as an “applicant” or “employer.”

An applicant will be: Any natural person who uses the application in search of a job opportunity from those offered by the platform.

An employer will be: Any natural or legal person who uses the application in search of a job opportunity from those offered by the platform.

Laborin reserves the right to alter the essential characteristics of the respective applicants and employer for the purposes of the platform.

If you are a Member or Visitor of our Services, any collection, use and sharing of your personal data will be subject to this Privacy Policy and any updates thereto.

1.2 Members and Visitors

When you register and join the Laborin Service, you become a Member. If you have decided not to register for our Services, you can access certain features as a “Visitor”.

1.3 Changes

We may make changes to this Agreement.

We may modify this Agreement and our Privacy Policy from time to time. If we make any material changes to the Agreement, we will notify you through our Services or by other means, to give you the opportunity to review the changes before they become effective. We agree that modifications cannot be retroactive. If you do not agree with any of the changes, you can close your account. Your continued use of our Services after we post or provide notice of changes to these terms will mean that you agree to the updated terms as of their effective date.

Obligations

2.1. Requirements to use the Services

Here are some of the things you agree to in this Agreement:

You meet the requirements to subscribe to this Contract and have at least the established “Minimum Age”. In turn, you agree to respect the do’s and don’ts at Laborin.

“Minimum age” means 18 years. Minors under 18 years of age cannot use the Services, unless, being over 16 years of age, they are subject to the following provisions:

They accompany, in accordance with article 13 of the Chilean Labor Code, express authorization from the father and mother; in their absence, from the paternal or maternal grandfather or grandmother; or in the absence of these, of the guardians, persons or institutions that have taken care of the minor, or in the absence of all of the above, of the respective labor inspector.

Accompany, in accordance with article 13 of the Chilean Labor Code, a certificate that accurately proves that you have completed your secondary education, or are currently studying it, or basic education.

To use the Services, you agree that: (1) you are at least the “Minimum Age” (defined below); (2) you will only have one Laborin account, which must be in your real name; and (3) Laborin has not restricted your use of the Services.

Creating an account with false information is a violation of our Terms; This also applies to accounts registered in the name of other people or used by minors under 18 years of age and/or 16 years of age without meeting the newly stipulated requirements.

In order to download and use the App, it is only necessary that Users meet the age requirement, have a smart mobile phone (“smartphone”) or a tablet (“tablet”), with an iOS or Android operating system and an Internet connection, that meets the minimum specifications required to make the App work. When downloading the App, it will be necessary for its use that Users register and provide the data requested. In addition, they will be asked to create an access code for the App, maintain its confidentiality and remember it. He

2.2 Your account

You will keep your password secret

You will not share your account with anyone else and you will abide by our rules and applicable laws.

Members are the account holders. You agree to: (1) use a secure password and keep your password confidential; (2) do not transfer any part of your account (for example, contacts), and (3) follow applicable laws, our list of dos and don’ts, and our Professional Community Policies. You are responsible for everything that happens to your account unless you close it or notify us that it is being misused.

The management and confidentiality of the access code will be the exclusive responsibility of each User.

2.3 Notices and messages

You agree that we may send you notices and messages through our application, as well as through the contact information you have provided to us. If your contact information is not up to date, you may not receive these important notices.

You agree that we may send you notices and messages in the following ways: (1) on the Service, or (2) through the contact information you provided to us (for example, email, mobile phone, postal address).

You agree to keep your contact information up to date.

Review your settings to manage and limit the messages we send you.

2.4 Application Functionalities

If you are an applicant: The application will provide you with a series of job opportunities offered by employers. In addition, you will be able to develop a profile that contemplates or validates your professional experience and specific work skills.

If you are an employer:  The application will allow you to offer a series of job opportunities according to your needs and, in turn, have access to a series of qualified candidates for such offers.

Rights and limitations

3.1. Your license regarding Laborin

You are the owner of all personal data you provide to us, but you also grant us a non-exclusive license to such information.

Additionally, you agree with Laborin that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy.

By sending Laborin suggestions or other feedback about our Services, you agree that Laborin will use and share (but does not have to) such feedback for any purpose without compensating you.

You agree to only provide us with the information and content to which you have the right and that the information in your Laborin profile is true.

You agree to only provide information that does not violate the law or the rights of any person (including intellectual property rights). You also agree to provide truthful information in your profile.

3.2. Availability of Services

We may change, suspend or withdraw any of our Services. Likewise, we may modify our prices prospectively, upon notification within a reasonable period and to the extent permitted by law.

We cannot guarantee that we will store or continue to display any information you have posted. Laborin is not a storage service.

You agree that we have no obligation to store, retain or provide you with a copy of any content or information provided to us by you or others, except to the extent required by law, as set forth in our Privacy Policy.

3.3. Other types of content, websites and applications

Your use of other people’s information posted on our Services is at your own risk.

Other third parties may offer their own products and services through our Services, but we are not responsible for the activities of such third parties.

When using the Services, you may encounter information or content that is inaccurate, incomplete, out of date, misleading, illegal, offensive or harmful. We ask that you use the mechanisms contained in the Application to let us know.

You acknowledge and accept that (1) Laborin is not responsible for the development of job offers that appear in the application; (2) Laborin is not subject to an employment relationship with any particular User, and (3) nothing will create an employment, agency or joint venture relationship between Laborin and any User offering services.

The Users declare that there is no contractual relationship between them and Laborin, in addition to that regulated in these Terms and Conditions.

3.4 Limitations

We have the right to limit how you connect and interact with our Services.

Laborin reserves the right to limit your use of the Services, including your number of offers or applications and your ability to contact other Members. Laborin reserves the right to restrict, suspend or close your account if it believes that you may have violated this Agreement, the law or that you are misusing the Services (for example, you have violated the “Do’s and Don’ts” list). ).

Users may be blocked and will be prevented from using the application in the following cases:

1. If you impersonate a third party and/or provide untrue data.
2. If it is discovered that you do not meet the minimum age requirements to use the application.
3. If you incur any violation of these Terms and Conditions and/or the applicable laws in force, especially if you commit a crime or attempt to commit a crime through the use of the application.

If we detect that the User is making inappropriate use of the platform, we reserve the right to unsubscribe the User on our own, notifying the provided contact information in a timely manner of the reason why we carry out this action. Likewise, Laborin may prevent access to the Application or its download to those Users who have breached these Terms and Conditions.

3.5 Intellectual property rights

Laborin reserves all its intellectual property rights in the Services, which are patented in accordance with Chilean regulations. 

3.6 Automated processing

We use data and information about you to make relevant suggestions to you, as well as to offer them to others and improve our platform.

We will use the information and data you provide us, as well as the data we have about Members, to make recommendations regarding contacts, content and features that may be useful. For example, we use data and information about you to recommend jobs to you and to recommend you as a candidate to recruiters.

Maintaining an updated profile with accurate data helps us make more relevant and rigorous recommendations.

4. Responsibility

All Services delivered through Laborin consider good information security practices in their creation and operation, which are aligned with international standards on the subject in order to guarantee the protection and confidentiality of the Users’ personal data. However, it must be taken into account that no data transmission over the Internet, as well as its storage, is completely secure, so total and absolute security cannot be guaranteed; but we implement security measures to minimize the risk of unauthorized access to maintain the confidentiality, integrity and availability of the information collected, stored and processed. The details of these measures can be reviewed in the Privacy Policy.

Also, as we are constantly working on the delivery of new functionalities that allow us to deliver an excellent service, we cannot ensure absolute availability of the Services that allow the application to function, given that there may be updates that require the momentary interruption of the services. operations to ensure correct updating thereof.

The application may contain hyperlinks that redirect to certain Internet sites. Laborin will make its best efforts to verify that the Internet sites to which the application redirects Users are safe and that their information is true. Without prejudice to this, Laborin will not assume responsibility for the content of these websites or for the consequences that may arise from their use, so their use is the exclusive responsibility of each User.

Laborin will not assume any liability arising from the employment relationship that arises from the use of the application nor will it participate in associated administrative or judicial proceedings. Nor from the interview and recruitment processes that arise from the Application.

Laborin no se hace responsable por la comisión de ilícitos en el uso de la aplicación por parte del Usuario. En caso de que esto ocurra, Laborin podrá cancelar inmediatamente la cuenta del Usuario. Todo esto, sin perjuicio de las demás acciones civiles, penales, y/o de cualquier naturaleza que pueda ejercer conforme a la legislación vigente.

5. Termination

Either Party may terminate this Agreement, by means of a notice in the Application, in the case of Laborin, and the cessation of use, in the case of Users.

6. Applicable legislation and conflict resolution

These Terms and Conditions of use will be interpreted and executed in accordance with the laws of the Republic of Chile. By entering or using the Laborin Application, the User submits to the jurisdiction of the courts of the Republic of Chile for the resolution of any doubt, difficulty or controversy related in whole or in part to these Terms and Conditions. For all legal effects derived from this instrument, the parties establish their domicile in the city and commune of Santiago.

7. Laborin Do’s and Don’ts

Laborin is a community of professionals. This list of “Dos and Don’ts” and our Professional Community Policies limit what you can and cannot do on our Services.

7.1. To do

You agree that you will:

• Comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax and tax laws, and other regulatory requirements.
• Provide us with accurate, truthful information and keep it updated.
• Use your real name in the profile.
• Use the Services in a professional manner.
• Notify Laborin of any errors in the Application such as the display of information.
• The User must be liable for any damage and/or loss, of any nature, that Laborin may suffer as a result of non-compliance with any of the obligations established in these Terms and Conditions. Thus, if Laborin is obliged to compensate any damage or loss as a result of misuse by the User, the User will be obliged to reimburse said amount or compensate Laborin, as the case may be.
• You must safeguard and protect the information you view through the use of the Application and correctly use the information and content of the Application, under your exclusive responsibility, respecting at all times these Terms and Conditions, as well as current legislation, morality, good customs and public order, so you will not be able to use the App for illicit purposes or that violate the rights or interests of third parties, or Laborin, nor the current legislation on privacy and data protection, and you will not be able to carry out conduct that causes or may cause the collapse, fall, disablement, damage or loss, in whole or in part, of the Application.

7.2. What not to do

You agree that you will not:

• Create a false identity on Laborin, falsify your identity, create a Member profile for someone other than yourself (a natural person), or use or attempt to use another person’s account.
• Develop, support or use any programs, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to plagiarize the Services or otherwise copy profiles or other data from the Services.
• Circumvent any security functionality or circumvent any access controls or usage limits of the Service.
• Copy, use, disclose or distribute any information obtained from the Services, either directly or through third parties (such as search engines), without the consent of Laborin.
• Reveal information that you do not have the right to share (such as confidential information of third parties, including your company).
• Infringe the intellectual property or other rights of Laborin, including, without limitation, (i) copying or distributing our technology; (iii) use the term “Laborin” or our logos in any business name, email or URL.
• Post anything that contains computer viruses, worms or any other harmful code.
• Reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain the source code of the Services or any related technology that is not open source.
• Imply or declare that you are associated with or endorsed by Laborin without our express consent.
• Establish links to our Services for any purpose other than promoting your profile or a group on our Services, without the consent of Laborin.
• Use bots or other automated methods to access the Services, to add or download contacts or to send or redirect messages.
• Monitor the availability, performance or operation of the Services for competitive purposes.
• Engage in framing or mirroring or otherwise simulate the appearance or function of the Services.
• Overlay or otherwise modify the Services or their appearance (such as, for example, by inserting elements into the Services or by removing, covering or obscuring advertisements contained in the Services).
• Interfere with the operation of or unreasonably burden the Services (for example, spam, denial of service attacks, viruses or gaming algorithms).
• Violate these Terms and Conditions when using the Service. Especially, engaging in practices that involve:

1. Violence
2. Abusive content
3. Exploitation of minors
4. Illegal or inappropriate conduct
5. Falsification of profiles or information
6. Dangerous behavior
7. Emphasize offer and not marketing. If there is a history of a false account/advertisement/used for marketing purposes, the account will be cancelled.
8. Fraudulent conduct
9. Promotion of sexual services or inappropriate sexual conduct
10. Spam

8. Complaints regarding content

We respect the rights of other people. The definition of competencies by this platform is subjective in relation to the users who use it. The platform does not qualify or evaluate these skills. Our algorithms are guided by objective criteria such as georeferencing and the coincidence between what is required by the Applicant user and the Employer user. Without prejudice to the above, if any type of situation occurs that could be classified as arbitrary discrimination in accordance with the laws of the Republic of Chile, we request that you let us know through the application tools.

We try to limit as much as possible any distinction that the algorithm could inadvertently make that falls within some of the discrimination criteria that Law No. 20,609 of 2012, of the Ministry of the General Secretariat of Government contemplates. This is:

any distinction, exclusion or restriction that lacks reasonable justification, carried out by agents of the State or individuals, and that causes deprivation, disturbance or threat in the legitimate exercise of the fundamental rights established in the Political Constitution of the Republic or in international treaties on human rights ratified by Chile and that are in force, particularly when based on reasons such as race or ethnicity, nationality, socioeconomic situation, language, ideology or political opinion, religion or belief, unionization or participation in union organizations or the lack thereof, sex, maternity, breastfeeding, breastfeeding, sexual orientation, gender identity and expression, marital status, age, affiliation, personal appearance and illness or disability. (emphasis is mine)

We require that information posted by members is accurate and does not infringe the rights of third parties.

9. How to contact us

Our contact information [*].

By accepting the Terms and Conditions, the User declares that he has read them and agrees with them.

These Terms and Conditions were last updated on June 2024.

I accept the terms and conditions