legal notice reference check.

For the purposes of the interpretation of this Legal Notice, the following terms will have the meaning attributed to them below:

• RANDSTAD REFERENCE CHECK: application owned by Randstad designed to obtain labour and professional references for the Randstad candidates, the application contains a series of questionnaires necessary to obtain such references.

• User: the natural persons who access RANDSTAD REFERENCE CHECK, after receiving an invitation from Randstad, they can be:

i) the Randstad participants in a personnel selection process, with a view to obtaining labour and professional references from the referees.

 ii) candidates from Randstad clients participating in a personnel selection process carried out by Randstad, with a view to obtaining labour and professional references from the referees.

iii) referees: people who have worked with the candidate and are familiar with his/her professional development, who the candidate has indicated as referees, they access the application to complete one or more of the Randstad Reference Check questionnaires prepared for obtaining labour and professional references.

• Randstad: the company or entity linked to the Randstad Group who has invited the user to provide referees and fill in any of the RANDSTAD REFERENCE CHECK questionnaires.

• Services: obtaining labour and professional references on the candidates via RANDSTAD REFERENCE CHECK.

The Randstad Group (or Randstad), made up of the following entities: Randstad Chile S.A, RUT: 96.692.900-3 Randstad Servicios Limitada, RUT: 76.437.740-0 Randstad Transitional Services Company, RUT: 76.733.620-9 Headquarters Address: Avenida Apoquindo 4501, Office 501-502, Las Condes.

This Legal Notice establishes the conditions for access to and use of the RANDSTAD REFERENCE CHECK application. By accessing and using it, you become a User, which means you adhere to and undertake to comply with each and every one of the conditions contained in this Legal Notice in the version published at the moment of access. Randstad reserves the rights to amend at any time and without the need to give advance warning, all or part of the conditions of use of RANDSTAD REFERENCE CHECK, as well as the services contained therein. The conditions of use in force will be those published in this Legal Notice at any given time. Each User will be solely responsible for checking the content of the same in order to be familiar with the updated version every time they access.

We inform you that the main service provider of RANDSTAD REFERENCE CHECK is Randstad Group.

RANDSTAD REFERENCE CHECK can only be used correctly if the technical specifications for which it has been designed are met. Access to RANDSTAD REFERENCE CHECK is the exclusive responsibility of the User, who will use it and its services lawfully in accordance with this Legal Notice and the legislation in force. Randstad will not be responsible for any damages caused to Users due to improper use of RANDSTAD REFERENCE CHECK. The following actions are prohibited in any event:

• Using RANDSTAD REFERENCE CHECK and/or its content for purposes or effects that are unlawful, illegal or contrary to the terms of this Legal Notice, to good faith and to public order, harmful to the rights and interest of Randstad or third parties, or that can in any way damage, disable or overload RANDSTAD REFERENCE CHECK or prevent the normal use of the same (the use of mechanisms, software or scripts in relation to the use of RANDSTAD REFERENCE CHECK is expressly prohibited as is copying using search technology such as "Robot/Crawler").
• Unauthorised or fraudulent use of RANDSTAD REFERENCE CHECK and accessing or attempting to access restricted resources of the same.
• Provoking damages to RANDSTAD REFERENCE CHECK or to the systems of Randstad or third parties.
• Reproducing or copying, distributing, allowing public access via any form of public communication, transforming or modifying the content of RANDSTAD REFERENCE CHECK.
• Including any kind of data or variations in the application that infringe third-party ownership rights, are obscene, pornographic, defamatory, threatening or constitute material that may be considered criminal by virtue of the Criminal Code in force.

Users who perform these actions or any other than can harm the rights of Randstad or of third parties will be liable for any loss or damage caused.

Randstad is not responsible for and does not guarantee access to RANDSTAD REFERENCE CHECK being uninterrupted or error-free. RANDSTAD REFERENCE CHECK is placed at the disposal of Users “as is” (in the state in which it is and when it is available). Randstad is in no way responsible for failures, interruptions, faults or defects in telecommunications that may occur while the User is browsing it. 

Neither Randstad nor any other party involved in the creation, production or development of RANDSTAD REFERENCE CHECK will be responsible for any kind of loss or damage, direct or indirect, or of any other kind, caused by the access to, use or examination of RANDSTAD REFERENCE CHECK or as a result of the transfer that the User may make to its equipment of any file, data, text, image, video and/or audio, contained in RANDSTAD REFERENCE CHECK which includes -without limitation- the loss of good commercial reputation, lost data, or any other loss or damage resulting from mistakes, omissions, interruptions, deleted files, errors, defects, virus, delays in operation or transmission, or any other operational failure, communications failure, theft, destruction or unauthorised access to the registries, programmes or services of Randstad. 

Likewise, Randstad will not assume any liability for the losses or damages that may be suffered as a result of events that were unforeseeable, or that even if foreseeable, were unavoidable, whether fortuitous or due to force majeure.

Randstad is not responsible for and does not guarantee access to RANDSTAD REFERENCE CHECK being uninterrupted or error-free. RANDSTAD REFERENCE CHECK is placed at the disposal of Users “as is” (in the state in which it is and when it is available). Randstad is in no way responsible for failures, interruptions, faults or defects in telecommunications that may occur while the User is browsing it. 

Neither Randstad nor any other party involved in the creation, production or development of RANDSTAD REFERENCE CHECK will be responsible for any kind of loss or damage, direct or indirect, or of any other kind, caused by the access to, use or examination of RANDSTAD REFERENCE CHECK or as a result of the transfer that the User may make to its equipment of any file, data, text, image, video and/or audio, contained in RANDSTAD REFERENCE CHECK which includes -without limitation- the loss of good commercial reputation, lost data, or any other loss or damage resulting from mistakes, omissions, interruptions, deleted files, errors, defects, virus, delays in operation or transmission, or any other operational failure, communications failure, theft, destruction or unauthorised access to the registries, programmes or services of Randstad. 

Likewise, Randstad will not assume any liability for the losses or damages that may be suffered as a result of events that were unforeseeable, or that even if foreseeable, were unavoidable, whether fortuitous or due to force majeure.

RANDSTAD REFERENCE CHECK, its source code, algorithms and its content, including the questionnaires and any texts, data, logos, trade names, trademarks and other distinctive signs, denominations, images, sounds and other resources of the same, are protected by the regulations in force with regard to intellectual and industrial property rights, and will not be exploited, reproduced, distributed, modified, made public, assigned or transformed by third parties, without the express, written authorisation of Randstad. The dissemination of any content of RANDSTAD REFERENCE CHECK by means of the inclusion of all or part of it on the Internet, Intranets, email or via any means, whether in written, audio-visual or digital form, even if the source is cited, is expressly prohibited, without the prior, written authorisation of Randstad. 

The downloading and printing of the content of RANDSTAD REFERENCE CHECK is expressly prohibited. Access to RANDSTAD REFERENCE CHECK does not grant the Users rights over, or any title to, the intellectual or industrial property rights of its content. Any alternation of the content or structure of RANDSTAD REFERENCE CHECK by the User is strictly prohibited. Randstad reserves the right to bring any legal action against Users who violate or infringe these intellectual and industrial property rights.

In accordance with the Personal Data Protection Law No. 21.096 and its regulatory and complementary regulations, we inform you that your personal data will be processed in accordance with the requirements established in the referred regulations.

• If, as a User, you are a CANDIDATE participating in a selection process being carried out:

A. If you are a Randstad candidate taking part in a selection process currently underway:

In order to obtain all the information on the processing of your personal data, please contact Randstad at the email address comunicaciones@randstad.cl.

B. If you are a candidate whose data has been supplied to us by a client in the context of a selection process and/or consultancy project commissioned from Randstad:

Access by the User to RANDSTAD REFERENCE CHECK implies that Randstad is authorised, as data controller, to supply labour and professional references to that client. Randstad informs you that in relation to such references, the User will be able to exercise its rights of access, correction, opposition and erasure by sending a request to the client via the route used to disclose the data, and Randstad will not include such data in any database it owns or process it for purposes other than that indicated. The User releases Randstad from any responsibility for a client failing to obtain consent or failing to inform it of such disclosure, in the event such actions are necessary. 

In the event the candidate exercises the right of access in relation to the replies, appraisals issued by the referees, we can inform you that for reasons of privacy and confidentiality you will only have access to the consolidated report on the information supplied by the referees.

• If, as a User, you are a REFEREE for a candidate participating in a selection process being carried out:

In accordance with the Data Protection Law No. 21.096 and its regulatory and complementary regulations, we inform you that your personal data will be processed in accordance with the requirements established in the referred regulations.

• Who is the Data Controller? The Randstad Group (or Randstad), comprised of the following entities:

• Randstad Chile S.A, RUT: 96.692.900-3

• Randstad Servicios Limitada, RUT: 76.437.740-0

• Randstad Transitional Services Company, RUT: 76.733.620-9

• Headquarters Address: Avenida Apoquindo 4501, Office 501-502, Las Condes.

Mail: comunicaciones@randstad.cl

• For what purpose do we process your data?

Your personal data will be processed for the purpose of obtaining the corresponding labour and professional references of the candidates participating in the personnel selection processes and including it in the information on the same. 

If you expressly grant your consent by ticking the corresponding boxes, your contact details may be used to inform you of promotional offers, including via electronic means, of any products, services or activities that the Randstad Group companies may offer in Argentina and consider you as a potential customer; and/or to contact you in relation to job vacancies that we consider may be of interest to you, now or in the future. In that case, the privacy policy for clients and/or the privacy policy for candidates will apply, respectively. 

The term for storage of your data will be the time necessary to satisfy the purpose for which it was supplied. This notwithstanding, your data will be stored, duly blocked, in order to cover any responsibilities of the Randstad Group derived from the data supplied or any other legal requirement.

• What is the legitimacy for the processing of your data?

The legal basis for the processing of your data is the consent you grant by accepting this Privacy Policy.

Randstad has adopted the technical and organisational measures necessary to guarantee the security and integrity of your data, as well as to avoid alteration or loss, or unauthorised processing or access.

• What recipients will your data be sent to?

Randstad may disclose your identity data to Randstad clients in whose selection processes the candidate you are providing a reference for is participating, as well as the replies, appraisals included in the questionnaire, which will be confidential and will only be seen on a consolidated basis with those of other referees. 

Randstad may also disclose your identity details to the candidate you are providing a reference for and who is participating in personnel selection processes, as well as the replies, appraisals included in the questionnaire, which will be confidential and will only be seen on a consolidated basis with those of other referees.

• What are your rights when you supply us your data?

Your rights set out in the legislation on personal data protection are guaranteed and you can, free of charge and whenever you see fit, exercise the rights of access, correction, erasure, restriction of processing and portability as well as the right to revoke the consent given with regard to processing, without this affecting the lawfulness of the processing based on the consent before it was withdrawn.

For the exercise of any of the aforementioned rights, you can send the request by email to communications@randstad.cl so that they can resolve your requests in relation to the protection of personal data.

In any event, at the end of the retention period or if you request cancellation, Randstad reserves the right to store your data, duly blocked, in the event it were necessary in order to comply with obligations and responsibilities imposed by mandatory laws or rules or when required to do so by an order of a competent authority in accordance with the law.

• Where does your data come from?

Your personal data (name, surname, email address, professional relationship with the candidate) have been supplied by the candidate for whom you are providing the reference. Likewise, we gather your data (telephone number, type of labour relationship you maintained with the candidate, your current position, your assessments) by means of the corresponding form you fill in, which is strictly necessary in order to achieve the purposes mentioned above.

• Security

Access to the transactional services and those that include the capture of personal data is carried out in a secure environment using protocols for protection of the information disclosed. The secure server establishes a connection so that the information is transmitted in coded form. This ensures that the content transmitted is only intelligible for the user’s computer and the Randstad server. The User can verify that he/she is in a secure environment by checking that a closed padlock appears in the status bar of his/her browser. This guarantees that the client is sending his/her data to a Randstad server and not to a third party trying to pass itself off as said server.

“Phishing” and other fraudulent methods of impersonation and identity theft consist of third persons passing themselves off as employees or assuming the identity of an entity by means of fraudulent use of email to obtain personal data by deceit. We ask that you heed the following advice:

Randstad will only communicate via email using the “…@randstad.com.ar” format. Therefore, you should mistrust any other electronic communications sent in Randstad’s name from a domain that is different to the one indicated.

In any event, Randstad will never ask you, either by telephone or via email, for your personal access code, if it is necessary to access RANDSTAD REFERENCE CHECK. In this regard, we remind you that the username and password supplied are exclusively for personal use and are strictly confidential.

Do not access RANDSTAD REFERENCE CHECK via a link in an email that was not sent by Randstad.

In the event of doubt regarding the authenticity of any message or communication you receive in the name of Randstad, please contact Randstad at the email adress info@randstad.com.ar or by calling (0341) 4105100.

The use of RANDSTAD REFERENCE CHECK and any legal consequences derived from the same will be governed by and interpreted in accordance with the content of this Legal Notice and any matters not expressly regulated herein will be governed by and interpreted in accordance with the applicable Spanish legislation. Any dispute derived from the access to or use of RANDSTAD REFERENCE CHECK and its content will be submitted to the exclusive jurisdiction and competence of the Courts of CABA, notwithstanding the applicability of any mandatory legal provision stipulating otherwise, in which case the content of the same will apply.