Platform Terms, and Conditions of Use.
A 99Hunters commitment to security, privacy, and transparency.
Last updated: February 2022.
99Hunters: It is an intermediation company for recruitment and selection services, through the use of autonomous recruiters ("Hunters"), owner of the 99Hunters electronic platform, which, like its contents, online communication means (example: e-mails and forms) and other tools available on the page “99hunters.com” and sub-domains, together, will be referred to herein as “Platform”.
- Hunters: Professionals in the field of recruitment and selection previously selected by 99Hunters, commonly referred to as “HeadHunter” (or recruiter), which may be an individual or legal entity, including, but not limited to, self-employed professionals and recruitment and selection companies or whose corporate purpose is compatible with the activity, who will use the Platform to access the Vacancies opened by the Contracting Parties and work in the search for qualified professionals who can fill them. Collectively, the Hunters will be called “Hunter Network” here.
- Budget: Amount determined by the Contracting company to be paid to 99Hunters after completing a certain Candidate recruitment process that has taken place through the Platform, to which the due taxes and charges will be added.
- Placement Fee: Payment to which Hunter will be entitled in the event of presenting a compatible and suitable professional for the open Vacancy, whose hiring is successful and the professional in question will be part of the Contracting Party's staff.
- Interview Fee: Payment to which the Hunter will be entitled in the event of presenting Candidates with the appropriate profile for the Vacancy and who have been interviewed by the Employer, but who have not been admitted by the Employer. The total amount of the Interview Fee will be divided among the Hunters with nominations of Candidates who have reached the interview stage at the Employer, according to the total number of candidates interviewed. The Hunter who is responsible for the Candidate admitted by the Contracting Party will not be entitled to the Interview Fee, even if other Candidates indicated by him have reached the stage of client interviews. The Interview Fee will not be paid in the event of cancellation of the Vacancy by the Contracting Party, provided that the latter has informed 99Hunters of the cancellation before receiving the Shortlist. The Interview Fee and Placement Fee, when combined in this instrument, are simply referred to as “Fee.”
- Company or Contractor: Legal person looking for qualified professionals to fill a job opportunity available in its staff, which, by hiring 99Hunters, will use the Platform to publish the Vacancy to be worked by the Hunters Network.
- Vacancy: Position and/or function to be exercised in a particular Contracting Party, which will signal, through the Platform, the characteristics it wants for the professional in question. As provided in this Term, Hunters will be previously selected by 99Hunters to work the Vacancies made available on the Platform.
- Candidate: Professional in the job market, employed or not, who may be nominated by Hunters to compete to fill the Vacancy.
- Marketplace: Business models in which a tool curates and connects two different parties with common business interests. In the present case, 99Hunters, through its Platform, promotes the connection of Contractors, who make their Vacancies available, with the Hunters Network, responsible for the presentation of Candidates.
- Shortlist: List of Candidates presented by the Hunters Network to be sent by 99Hunters to the Contracting Party after evaluation and screening to be carried out on the previous lists.
- Bypass: Recurring in Marketplace business models, the term in question refers to the search by one of the parties to disrespect the previously adjusted business model, circumventing such previous adjustments and, consequently, suppressing the intermediary responsible for connecting the parties. In the present case, the Bypass is configured in the suppression of 99Hunters as a connecting agent between the Contracting Party and the Candidate, so that the Contracting Party and Hunter or the Contracting Party and the Candidate directly negotiate the hiring of the Candidate by the Contracting Party, depriving 99Hunters of receiving of its due commission.
- Controller: Natural or legal person, governed by public or private law, responsible for decisions regarding the processing of personal data.
- Processor: Natural or legal person, governed by public or private law, who processes personal data on behalf of the Controller.
- Personal Data: Information related to the identified or identifiable natural person.
- The purpose of this document "TERMS AND CONDITIONS OF USE OF THE PLATFORM" consists of disciplining the provision of services by the Hunters Network within the scope of the Platform, which aims to intermediate the recruitment and selection of professionals within the specific qualifications indicated for a previously registered Vacancy by the Contracting Parties, according to the business model in the recruitment and selection intermediation Marketplace format operated by 99Hunters.
- Hunter, or the Hunters Network, when registering on the Platform to provide the recruitment and selection services intermediated by it, use the tools available there, will adhere to this document, including the Privacy and Confidentiality Policy that makes up Annex I and constitutes an integral and inseparable part thereof, indicating that they have read, accept and agree to comply with this instrument in its entirety.
Term and Termination
- This instrument will remain in force for an indefinite period from the acceptance of the Hunter through its registration on the Platform.
- Any of the Parties may, at any time, terminate the relationship initiated by accepting this instrument, at its sole discretion and understanding, without the need for prior notice, simply by communicating to the other party or by unsubscribing the Hunter from the Platform, except for the hypotheses of compliance with the deadlines and obligations in progress, such as, for example, Hunter's compliance with the guarantee period for the Vacancy, or payment pending completion by 99Hunters, occasions in which the Parties will undertake to terminate the relationship after ending any pending issues.
- As these terms and the Platform may be updated and modified at 99Hunters ' sole discretion from time to time given the need for continuous improvement and evolution, changes may occur without notice. If you do not agree, the Hunter must not make use of the 99Hunters Platform and may request its exclusion at any time. 99hunters undertakes to communicate all relevant changes proposed in this term, in addition to always keeping it updated on its website.
- This term will prevail over any other communication or prior agreement, oral or written, between the Hunters Network and 99Hunters unless expressly provided otherwise in the respective communication or agreement.
- By using the Platform, the Hunter represents warrants and agrees that its use does not violate any applicable law or regulation.
- The validity of this term does not determine the obligation to present Candidates by the Hunters Network to Vacancies, given that the format proposed by the Marketplace operating model determines the payment in a freeway, which will indicate to the Hunter Network if the opportunity is attractive or not.
- In the same vein, the validity of this term does not oblige 99Hunters to present Vacancies to all Hunters, nor to accept the application of Hunters to work the Vacancies, except if Hunters reassess their participation in the Platform at any time, deciding or not for their dismissal, without any burden or need for notice and provided that they are not involved in any ongoing selection process, in which case the Vacancy Guarantee Term must be respected, and/or payment that may be considered pending.
- 99Hunters may, at any time, terminate the relationship initiated by accepting this term with the Hunter that fails to comply with any of the clauses and provisions of this document, in its sole discretion and understanding, canceling Hunter's registration from the Platform without the prior notice required.
- The Hunter will be entitled to receive the Fee on the hiring of professionals indicated by him for a specific Vacancy for a period of 12 (twelve) months, as determined in the Validity Period of the List, to be discussed later.
- Within the process of recruiting and selecting professionals intermediated by its Platform, 99Hunters has the role of Marketplace, connecting the Contractors that they come to prospect to the potential Candidates that will be presented by the Hunters Network, so that the management of the entire process, which will be carried out exclusively by 99Hunters, will result in the presentation of the best Candidates to the Contractors, after correctly carrying out the following steps.
- To ensure the highest possible quality, standardizing the demands and aiming at uniformity in the quality of the service provided, in addition to equal opportunities to the Hunters Network, 99Hunters establishes that the process below must be followed and applied to any vacancies open in the Platform, in the following terms:
- Contracting Party Registration: Contractors wishing to work with 99Hunters will undergo an approval process, through which the veracity of all registered information will be checked, with the subsequent execution of a “Recruitment Services Agreement”.
- Vacancy Registration: After its approval, the Contracting Party may register its Vacancies available on the Platform with as much information as possible, so that, in its absence, 99Hunters will contact you to request the completion of the information, when applicable.
- Registration of Hunters: Hunters, like Contracting Parties, will undergo a process of approval of their registration, which is free of charge, so that, if approved, they must accept this instrument and send the documents requested by 99Hunters within the deadline indicated. The Hunter may, as the case may be, change its registration on the Platform to an individual or legal entity in which it appears as a partner and whose corporate purpose is compatible with the activities described in this instrument, and such change will be made upon request to 99Hunters and after the (i) approval of the new registration by 99Hunters, with the consequent cancellation of the previous registration; and (ii) signature of the documents corresponding to the new registration, which will be sent to Hunter by 99Hunters.
- Distribution of Vacancies: Once the Vacancy is registered by the Contracting Party, 99Hunters will distribute the Vacancy, through the Platform, to the Hunters most suitable for that opportunity, according to its exclusive criteria, which will take into account aspects such as suitability, experience, area of expertise, etc.
- Vacancy Work: The hunter who wishes to work a particular Vacancy must, via the Platform, express his interest in participating in the process, an opportunity in which he will automatically agree with the specific conditions of the Vacancy in question, such as the Fee and the Term of Vacancy Guarantee. In case Hunter's participation is approved by 99Hunters, he will receive all the forms and worksheets corresponding to the Vacancy, which will contain all the information necessary to search for suitable Candidates and other specifications about the selection process as a whole, in addition to the deadline for submission. of your 99Hunters candidates.
- It should be noted that there is no obligation for members of the Hunter Network to send their nominations of candidates for the Vacancies, so that Hunters who do not send within the established deadlines will not bear any burden, emphasizing that it may be one of the criteria of their Assessment. This fact does not represent the definitive exclusion of the Hunter from that selection process, since if the Contracting Party has not admitted a Shortlist Candidate that it deems fit to occupy the Vacancy, it may reopen it and restart the process.
- Receipt and Evaluation of Candidates: Upon receipt of Candidate nominations by 99Hunters, the latter will carry out an assessment based on the information provided by the Hunters Network, and Candidates will be able to receive contact from 99Hunters for clarification of doubts, eventual interviews (by telephone, electronic means such as e-mail) and obtaining additional information. Afterward, 99Hunters will determine which Candidates have a profile that adheres to the Vacancy, classifying them into 3 (three) groups:
- Discarded from the Process (Denied): Candidates who, in the opinion of 99Hunters, are not suitable for the Job by, for example, are considered well below the level of other competitors and do not meet the desired criteria.
- On Hold: Candidates who are within the desired profile, but still considered below the level of the other competitors, with the possibility of entering a new Shortlist in the future; and
- Shortlist: Candidates considered high potential who will be forwarded to the Contracting Party responsible for the Vacancy.
- Each Hunter who participates in the process will be notified of the evaluation conducted by 99Hunters on the Candidate(s) presented and will be positioned regarding their classification in one of the 3 (three) groups above. At this stage, it will be up to the Hunter to inform the Candidate about the progress of their participation in the process.
- Duplication of Candidates: If two or more Hunters nominate the same candidate for the same Vacancy, 99Hunters must notify the Hunters within a period of 01 (one) business day. Nominations from Hunters who have provided incomplete or incorrect information will be discarded. After the withdrawal of invalidated referrals, 99Hunters will verify on the Platform the moment of submission of referrals, so that only the referral that arrived earlier will be valid (chronological criterion). If other Hunters nominate the same Candidate, they will be notified within the same period as above about the duplicity and 99Hunters will apply the same criteria as above for adequacy and chronology.
- Preparation of the Shortlist: After the submission of all indications and the respective evaluation of the Candidates, 99Hunters will send to the Contracting Party a Shortlist with the information of the Candidates that it deems most suitable for the Vacancy.
- Interviews with Candidates: The process of interviewing Candidates will occur at the discretion of the Contracting Party, which will decide which ones it wants to interview, which will be notified to Hunters by 99Hunters. Candidates, from that moment on, will be informed of the rest of the process and the interview schedule by 99Hunters.
- Completion of the Hiring: Aspects of negotiating wages, working conditions, and benefits, as well as other bureaucratic details, such as start date, will be dealt with between 99Hunters and the Candidate, or as otherwise determined by the Employer. Once the basis for the hiring is established, it will be up to the Contracting Party to notify 99Hunters of the conclusion of the selection process, which, in turn, will inform the Hunter responsible for appointing the Candidate of the success of their hiring, the same being true for Hunters who did not have their Shortlist Candidates. hired.
- Payment of Fees: The term for payment of the Fee is up to 30 (thirty) days from the date on which the Candidate starts their activities at the Contracting Party. Selection processes whose negotiations and conditions are differentiated in terms of terms will be duly communicated to the Hunters by 99Hunters.
- Vacancy Guarantee Term: Except for situations in which there is excess labor at the Contracting Party, mass cuts and reasons of major force, and if the Contracting party's amounts to 99Hunters are observed, once the process is completed selection process with the choice of Candidate brokered by the Platform, if the professional in question requests their dismissal from the Contracting Party, or even if he/she is terminated on its initiative, within 3 (three) months from the date of the hiring, the Hunter responsible for the appointment of the contracted Candidate must carry out a new recruitment process for the appointment of a new Candidate who meets the same profile, free of charge to the Contracting Party and also to 99Hunters. In the event of non-compliance with this clause by Hunter, which includes the non-commitment of Hunter in the same way as at the first opportunity, it will be obliged to reimburse 99Hunters for the Placement Fee received, without prejudice to its exclusion from the list of service providers.
- Vacancy Validity Period: 99Hunters, for a period of 12 (twelve) months from the submission of the Shortlist, will be entitled to receive from the Contractor the remuneration due in the event of hiring any Candidate participating in the Shortlist, even if it is for a company of the same economic group or in any way linked to it so that 99Hunters guarantees Hunter the right to receive the Placement Fee.
- Validity of nominations: Candidate nominations are valid only for the Vacancy of that specific selection process. The submission of Candidates does not guarantee Hunter any right if one of its Candidates is hired via the Platform by another Contractor and another Vacancy, different from the Vacancy that originally applied since other Hunters will work other vacancies and may indicate the same Candidate.
- Candidate Authorization: Hunters may only nominate Candidates who previously express their authorization to participate in the selection process. If the Candidate has not authorized Hunter for his nomination to be made, he will be automatically disregarded from the process, the nomination of Candidates without consent by Hunter will negatively impact his Assessment.
- Identification of Bypass or detection of its attempt: If the Bypass or its attempt is identified, through direct contact between the Hunter and the Contracting Party or the Contracting Party with the Candidate, so that the position of 99Hunters in the selection process is suppressed, the parties involved in the Bypass, whether they are acting as Contractor, Candidate or Hunter, may be permanently excluded from the Platform, 99Hunters reserving the right to judicially claim compensation for the damages suffered by the loss of their commission, including expenses incurred to that title.
- Communication: Any communication between the parties must be made electronically, preferably made available by the Platform, as its internal chat system, for proper registration and without prejudice to the use of email, in addition to the forms and spreadsheets used in the course of the selection process, so that all communication outside these parameters will be considered invalid and 99Hunters will not be responsible for any failures or delays in communication arising from malfunction or misuse of the Platform and e-mail.
- Expenses for Participation in the Recruitment Process: 99Hunters and the Contracting Party will not be responsible for the expenses that the Candidate may incur as a result of their participation in the selection process. Exceptions must be overseen between the Hunter and 99Hunters, with prior approval and the respective record of communication.
- Conflict of Interest: It is mandatory to communicate within 24 (twenty-four) hours of any fact that configures the situation of "Conflict of Interest" by the Hunter, including, but not limited to, the hypotheses that the Hunter himself competes for the Vacancy he should work, without prejudice, however, to being nominated by another Hunter.
- Evaluation: At the end of each selection process, 99Hunters will carry out an internal evaluation of each Hunter that participated in the selection process, based on factors such as (i) the complete completion of the information in the form; (ii) correct fulfillment of all stages of the process; (iii) quality of the Candidates sent; and (iv) respect for the Vacancy guarantee.
- Ranking: The evaluation discussed above will assign each Hunter a score that will serve as the basis for a ranking that will be prepared by 99Hunters via the Platform, which will not be disclosed and must be considered confidential, treated only internally. The purpose of the ranking is to identify the distinct levels of performance of the Hunters, being able to separate them by segment, professional level, and area of expertise, facilitating over time the directing of new selection processes to the most suitable Hunters, as well as identifying Low-performance Hunters, who may have their services discontinued at 99Hunters ' discretion.
- The values of the Placement Fee and the Interview Fee to be paid to Hunters in return for the selection and recruitment activity, intermediated here, will be defined by 99Hunters by the characteristics of the Vacancy and published on the Platform at the time of opening thereof and shall be associated therewith.
- The Hunter who nominates Candidates who carry out interviews at the Contracting Party will be entitled to receive part of the Interview Fee, within 30 (thirty) business days from the communication, by the Contracting Party, that the Candidate indicated by the Platform will be admitted and will be calculated from proportionate to the number of candidates interviewed by the Contractor. The Interview Fee will not be paid in the event of cancellation of the Vacancy by the Contracting Party; and
- The Hunter responsible for indicating the Candidate effectively hired will be entitled to receive the Placement Fee, within 30 (thirty) business days from the communication, by the Contracting Party, that the Candidate indicated by the Platform will be admitted, instead of receiving the Fee of Interview, to which it will not do justice.
- From the moment the Vacancy is opened on the Platform and sent to the Hunters Network, the Placement Fee, and Interview Fee values to be paid to Hunters can only be changed to values greater than those originally posted.
- The amounts to be paid as the Placement Fee and the Interview Fee depend exclusively on the Contractor making a payment to 99Hunters with the completion of the hiring of a Candidate for the Vacancy, which is known in the recruitment market as "Remunerated vacancy in the success ”, without prejudice to the fact that, in the absence of payment, 99Hunters guarantees that it will file the appropriate administrative and judicial measures for the collection, passing on to Hunter the Fee to which it is entitled as soon as it receives the amounts in question.
- To receive the Fees to which he is entitled, the Hunter registered on the Platform as an individual must indicate to 99Hunters whether the payment must be made through (i) Autonomous Payment Receipt, deducting applicable taxes and charges; (ii) compensation of the respective Service Invoice, applicable only if Hunter chooses, after registering on the Platform, for the constitution or designation of a legal entity in which it appears as a partner and whose corporate purpose is compatible with the activities described in this instrument; or (iii) receipt of amounts by way of profit distribution if Hunter chooses to join a Partnership in Participation Account.
- Hunters, when acting on the Platform as legal entities, must issue an Invoice for the services provided and will have the Fee paid in full, being responsible for the payment of all taxes and corresponding charges.
- If the Contracting Party admits a Candidate who may have been nominated by the Network of Hunters for the Vacancy registered on the Platform, but differently, and, provided that it has previously and expressly communicated that said Candidate was mapped and that the Contracting Party already had understandings with him to admit him, both 99Hunters and the Hunters who nominated the aforementioned Candidates will not receive any kind of remuneration, even if the Candidate has been selected for the Shortlist.
- All the Platform's features and services, such as its content, will only be made available to members of the Hunters Network who can enter into valid contracts in light of the applicable legislation. Thus, it is clear that the Platform is not available to persons under 18 years of age. If there is anyone outside this requirement, 99Hunters requests that they do not use the Platform, declaring, therefore, those who make use of it that, when using it, they do so in full enjoyment of their full legal capacity.
License, Virtual Security, and Intellectual Property
- Both the Contracting Party and the Hunters Network hold a limited, non-exclusive, non-transferable, revocable, temporary, and non-assignable license for use, leaving, therefore, authorized to only view and use the Platform's features.
- Any content and material available and/or displayed on the Platform, which includes but is not limited to graphics, documents, texts, sounds, video, audio, software, copyrights, trademarks, computer programs, databases, networks, files, and source codes, among others, is the exclusive property of 99Hunters, which, in turn, reserves all intellectual property rights, thus protected by copyright laws and other rules, regulations, and legislation. applicable intellectual property rights, declaring to 99Hunters that it has all necessary licenses.
- Once the Platform is contracted by the Contracting Parties, they declare that all images, brands, and logos ("Marks") of the Contracting Parties published on the Platform have full authorization for 99Hunters to disclose them for as long as it deems necessary for uniting Vacancies and Candidates. It is therefore prohibited to use the aforementioned trademarks in any other way, without the prior written consent of their holders.
- It is prohibited for the Contracting Party and the Hunters Network, deliberately or unintentionally, to impair the perfect functioning of the Platform, including by facilitating the introduction of viruses and similar actions, the same being true for any other technologically harmful and malicious artifice., and also to steal data.
- 99Hunters will use its best efforts to ensure that the precepts of integrity and virtual security of its Platform are not violated. However, given the notorious technological advances related to virtual invasions and violations, 99Hunters will not be responsible for any losses, damages, or loss of profits that result from the violation of its virtual security by third parties.
- The Contracting Party and Hunters Network, except as expressly permitted in this instrument, as arising from the ordinary use of the Platform, is prohibited from using, copying, altering, displaying, deleting, distributing, publishing, selling, decompiling, or performing reverse engineering that results in modifying the information contained and also the characteristics of the Platform, generating expansion, alteration, merging, or any other form of copying or reproduction, in whole or in part, permanent or provisional, which allows the emergence of websites, Platforms or applications that derive from the Platform, as with any other type of media, such as in network environments, screenshots on social networks and other cyber niches, without the prior written consent of 99Hunters.
- 99Hunters in no way grants any license rights, express or implied, to its patent (including, without limitation, any invention, discovery, improvement, or know-how), copyright, or any other intellectual property right, regardless of the nature by which it was acquired or conceived, before or after the effective date of this instrument, as well as does not grant any rights about Confidential Information arising from the development of the Activities.
- All information made available on the Platform is provided “as is” and without warranty, express, implied, or otherwise as to its accuracy and completeness. The Contracting Party and the Hunters shall not, directly, or indirectly, reverse engineer, decompile, or disassemble any software disclosed hereunder, unless otherwise specifically permitted by law.
Use and Disclosure of Personal, Business, Commercial, and Functional Data
- 99Hunters may use the information obtained through interaction with the Platform, which includes the processing of personal data of registered Hunters, the disclosure of information from Contractors to the Hunter Network, and characteristics of Candidates to Contractors, always most appropriately and appropriately. the provision of services affects the intermediation of the recruitment activity.
- The information obtained through the interaction of the Contractors and Hunter Network with the Platform, such as resumes, professional history and characteristics of the Candidates, and corporate aspects of the Contractors, among others, will not, under any circumstances, be sold or provided to third parties. to the corporate purpose and provision of services performed by 99Hunters.
- At any time 99Hunters may request permission to process, use or disclose information for any other purpose not listed above.
- The Platform may present the opportunity to open registration through login with information from the professional Social Network called LinkedIn, a procedure that will result in the receipt of an account identification (login), also enabling the creation of a password, whose secrecy and responsibility for The use and activities carried out there are entirely managed by the Contracting Parties and Hunters, who must keep the account updated, immediately informing 99Hunters in the event of any problem related to the breach of security, as well as in the case of unauthorized use.
Non-Existence of Employment Relationship Between the Parties
- The Parties understand and agree that the Platform does not exercise or maintain any relationship that involves an employment relationship, nor does 99Hunters act as an employer of Candidates or Hunters, emphasizing that this is not an employment agency.
- The Hunters undertake, during the term of this instrument and for a period of 05 (five) years from its termination, to (i) maintain in strict confidentiality all information, including, without limitation, discussions, plans, data, conditions, research and development, know-how, documents, manuals, reports, projects, drawings, flowcharts, software (in source or object code), software source documents, software programs, program listings, existing or future data, processes, products and/or service information, new product and/or service plans, formulas for existing or future products and/or services, sales and marketing plans and/or programs, pricing information, lists customer and other customer information, financial reports, information from suppliers that participate in the work and/or development of products and/or services, files or other information related to business and technologies, patents, copyrights, trade secrets, information related to properties and relationships, customers, technological information, advertising information, logistical information and business strategies eventually received by 99Hunters as a result of using the Platform (“Confidential Information”) and (ii ) not to reveal, report, publish, disclose or transfer, directly or indirectly, the Confidential Information to any persons or entities or use any of the Confidential Information for any purpose other than the development of the business, under penalty of indemnification with respect to any damages direct, losses, costs and expenses (including legal expenses) caused by the breach of confidentiality obligation.
- Confidential Information will not include information that (i) is in the public domain at the time of signature of this instrument; (ii) after the signature of this instrument, is published or become public domain or known by any third party, other than by the disclosure (or by the default that causes the disclosure) in violation of the confidentiality obligation; (iii) the Party in question can demonstrate that it was in its possession at the time of disclosure and was not acquired, directly or indirectly, from any party subject to the obligation of confidentiality; (iv) 99Hunters declares, in writing, that they are no longer confidential; and (v) are specifically required by a competent governmental authority, by the court decision, arbitration or applicable law.
- The Contracting Party and the Hunters are prohibited from making copies and disclosing any Confidential Information without the written permission of 99Hunters.
- The Hunters Network is allowed to disclose information about the Vacancy that they are working on in their profiles on the professional Social Networks that they may use, with the primary objective of seeking potential Candidates for said Vacancies, being expressly prohibited from disclosing the name of the Contracting Company for which the vacancy is being conducted or of information that allows deducing its name.
- Within ten (10) days of receipt of any order by 99Hunters, Contracting Party and/or Hunter agree to return and destroy all copies of all Confidential Information received hereunder.
Non-Competition and Non-Solicitation
- From this date and for a period of 05 (five) years after the validity of this instrument, Hunter expressly agrees not to develop websites, applications, or platforms that result in the practice of activities similar to those provided for in the 99Hunters Platform in Brazil, either individually or in together with other professionals, directly or indirectly (such as owners, shareholders, quota holders, investors, consultants, partners or co-entrepreneurs), under penalty of a compensatory fine in the amount of R$ 100,000.00 (one hundred thousand reais), without prejudice to the calculation of loss and damage.
- During the term of this instrument and for a period of 5 (five) years after its termination, none of the Contracting Parties and/or the Hunters may, without the prior written approval of 99Hunters (i) employ or contract the services of any employee hereby, on the present date, or at any later time, you are an administrator, employee or service provider of 99Hunters and/or one of its Affiliates; and/or (ii) contact, suggest or in any other way actively induce, duly proven using evidence accepted by Brazilian law, any supplier and/or customer of 99Hunters, under penalty of a compensatory fine in the amount of R$ 100,000.00 (one hundred thousand reais), without prejudice to the calculation of losses and damages. XII - DATA PROTECTION
Data protection and GDPR compliance.
- The Parties, by themselves, by their representatives, collaborators, and by any third parties that, by their determination, participate in the provision of services object of this relationship, undertake to act in a way to protect and guarantee the adequate treatment of the personal data to which they have access. during the contractual relationship, as well as complying with the provisions of the GDPR. The Parties, by themselves, by their representatives, collaborators, and by any third parties that, by their determination, participate in the provision of services object of this relationship, undertake to act in a way to protect and guarantee the adequate treatment of the personal data to which they have access. during the contractual relationship, as well as complying with the provisions of the GDPR. Each Party will be individually responsible for complying with its obligations under the GDPR subsequently issued by the competent regulatory authority.
- The Parties agree that, within the scope of the performance of the Agreement, given that the parties are acting in partnership and jointly, they are co-controllers of the processing operations arising from this agreement.
- Regularity of collection. Each Party shall ensure that any personal data it provides to the other Party has been obtained following the rules set out in the GDPR.
- Data processing. By the provisions of the GDPR, the Parties undertake to process the personal data to which they have access solely for the purposes and for the time necessary for the fulfillment of their obligations and the proper execution of the contractual object or based on other valid and specific legal bases.
- Security and best practices. Each of the Parties shall also adopt the security, technical and administrative measures capable of protecting personal data from unauthorized access and accidental or unlawful situations of destruction, loss, alteration, communication, or any form of inappropriate or illicit treatment, observing the nature of the data processed.
- Compliance monitoring. Each Party undertakes to monitor and monitor the compliance of its practices, as well as those of its processors and any third parties, with the personal data protection obligations outlined in this instrument, and shall, when necessary, provide the other Party with the pertinent information to prove these controls.
- International data transfer. If necessary for the proper execution of their contractual obligations, the parties may transfer data outside Europe, committing to observe and comply with the rules outlined in the GPDR, as well as to conduct any transfer only to countries that protect personal data adequate to that provided for in European legislation.
- Communication. Each Party undertakes to communicate to the other, within a period of up to 72 (seventy-two) hours, any breach of the obligations outlined in this instrument, as well as any security incident that may cause significant risk or damage to the other Party, the personal data and/or its holders, mentioning at least the following: i) a description of the nature of the personal data affected; ii) information about the holders involved; iii) an indication of the technical and security measures used to protect the data, observing commercial and industrial secrets; iv) the risks related to the incident; v) the reasons for the delay, in case the communication was not immediate; and vi) the measures that have been or will be adopted to reverse or mitigate the effects of the loss.
- Cooperation. The Parties undertake to cooperate, providing information and taking other measures reasonably necessary to assist the other Party in fulfilling its obligations under the GDPR.
- Right of holders. The parties are aware that the GDPR establishes a series of rights for the holder of personal data, which can be exercised in the face of processing agents, and as a result, they must collaborate so that the PARTY responsible for meeting the data subject's requests can thus proceed within a reasonable period and without delay, limited to 15 (fifteen) business days, counted from the receipt of the request, one PARTY may request from the other reasonable and necessary information to fulfill the rights of the holder, to communicate with the Control Authority or another body in inspection activity.
- Responsibilities. The liability arising from the use of personal data is restricted to the scope of the respective spheres of action of each PARTY and its contribution to the occurrence of an incident, violation, or illicit involving privacy and protection of personal data.
- Right of return. The PARTY that suffers damages resulting from the action or omission of the other PARTY will have the right of return assured, without prejudice to the reimbursement of the costs of the process, in addition to other measures, such as denunciation of the dispute, resulting from any incident of information security that will be imputed to him.
- Return/Deletion of Data. Each Party also undertakes, in the event of contractual termination, for any reason, or at the request of the other Party, to return or eliminate, as the case may be, all personal data made available, obtained, or collected within the scope of the contractual relationship unless there is a valid and specific legal basis for maintaining certain information.
- If any of the conditions of these Terms and Conditions of Use of the Platform are held to be invalid, illegal, or unenforceable, it will be complied with to the maximum extent permitted by applicable law, and the validity, legality, and enforceability of the other conditions will not be affected or impeded.
- Any concession or tolerance for non-compliance with any obligation related to this instrument will be considered mere liberality, not constituting a novation, revocable precedent, tacit alteration of its terms and other policies, waiver of rights, or acquired the right of the parties.
- 99Hunters may terminate, at its sole discretion and at any time, with or without just cause or prior notice, in whole or in part and for any reason or reason it deems relevant, any features available on the Platform, reserving the right to remove published content and materials, and may also restrict access to certain areas, the discontinuity of use by the Contracting Party or by a member of the Hunters Network does not generate the right to return or remove information contained in the scope of the Platform, and its withdrawal is by the convenience of 99Hunters.
- This document is governed by the laws in effect in the Federative Republic of Brazil. The Brazilian courts shall have exclusive jurisdiction over any claim resulting from the use of the 99Hunters Platform.
- The central court of the judicial district of São Paulo/SP is hereby elected to settle any controversies arising from the present instrument to the exclusion of any other, however privileged it may be.