Privacy and Data Usage Policy

Last updated on October 18, 2022 at 11:45 pm (UTC-3)

Our mission is to connect candidates from around the world with companies that use our system to advertise and manage their selection processes.

Doing this transparently regarding which of your data is used, and how, by the companies is extremely important. That is why we value and respect this information; thus, the following guidelines are directives for protecting your data and, depending on your jurisdiction, they describe your rights under applicable data protection laws.

The Policy clarifies the general conditions for collecting, using, storing and other means of processing and protecting personal data on our website www.empregare.com (“Website”) and subdomains https://companyname.empregare.com (“hotsites”), on our Empregare application (“App”), in accordance with current Brazilian privacy and personal data protection legislation, including, but not limited to, Law No. 12.965, of April 23, 2014 and Decree No. 8.771, of May 11, 2016 (“the Brazilian Civil Framework for the Internet”) and Law No. 13.709, of August 14, 2018 (“the Brazilian General Data Protection Law” or “LGPD”).

To maintain direct contact with you, a Data Controller (“Supervisor”) has been designated by Empregare to manage a communication channel:

By using our website, hotsites and app, you freely, informedly, unequivocally, expressly and fully acknowledge your agreement with this policy. We recommend that you read it carefully

Introduction

We are a recruitment and selection software (ATS and Job Board) where candidates register their résumé and apply for positions offered by EMPREGARE.com client companies in order to be located or viewed by the companies for participation in selection processes.

Our registered users (candidates) share their professional information or identities, find job opportunities, and apply for them by making their data available to companies to contact them in search of a professional who fits the posted opportunity.

Given that Empregare.com Software connects companies and candidates, candidate data is inserted and made available to the companies.

1. What types of information do we collect?

Important: You are not required to provide us with your information; however, without obtaining certain information when so requested, you will not be permitted to access certain functionalities.

The nature and purpose of the personal data we collect may differ depending on the area of the website accessed (for example, if you provide your data to apply for a job or when you simply contact us).

To the extent permitted by applicable law, Empregare may process the following personal data that you provide to us:

2. What you do with your information

By registering the information available in item 1 above, the candidate is aware that they will make such information available to all Empregare client companies, and they can define the privacy levels available on the Empregare website (as per item 8 of this Policy).

The Candidate may also apply for selection processes, respond to questionnaires and requests from the companies, and export their résumé to Word or PDF for submission to non-customer companies of Empregare.

The Candidate is aware that if they do not complete their résumé with some key details for the selection process, the company posting the position may block your participation by requesting that you complete your résumé prior to the application. This functionality allows companies to select résumés that fit the vacancy posted.

3. What do others do with your information?

When applying for positions or making your résumé available for searches, companies can access all your registered data comprising the résumé, except your CPF (in the case of Brazil) and access password.

This information, in addition to files and test results, is used only by client companies and their respective managers, or, in the case of consulting companies, by their clients for application in selection processes.

This information will be saved on the database of the companies in whose selection processes you participated, and will be shared with the persons responsible for analysis and selection.

4. How do we use this information?

The manner in which we use your data depends on how you have configured and opted to organize your level of privacy as shown in section 8 of our privacy policy.

When you apply for positions or when your résumé is searchable, all Empregare client companies can access the data comprising your résumé.

In addition to the purposes contemplated in section 1 of this Policy, the collection of information aims to maintain and improve the services provided to afford you a better experience.

Thus, as necessary, the information collected will be used for the following purposes:

3. To expand our relationship, keeping you abreast of new developments, functionalities, content, news and other events;
4. To promote our products and services or those of our customers;
5. To contact you as requested through our help desk;
6. To send you promotional, marketing, and prospecting messages, market research, opinion polls on our services, or those of our partners;
7. To improve our website, our services, as well as those of our customers;
8. To escalate to government authorities when the request is made through subpoenas, court orders or other legal processes, to establish or exercise our legal rights or protect our property;
9. To defend ourselves against legal claims or as required by law;
10. ITo investigate, prevent or take action referring to illegal activities, suspected fraud or situations involving potential threats to the physical and technological safety of any person and of Empregare, or if otherwise legally required, to the extent permitted by applicable law.

We will only share your CPF number when you are selected and hired by the company whose position you participated in and, in this case, you will need to submit your admission documents.

Occasionally, if you are an active employee of a client company, it shall import a list of the CPF numbers, enrollments or other data that connects the employment relationship of active employees, in order to identify in the Empregare system who its employees are, enabling it to use the Employee Management/Internal Recruitment feature.

The candidate (user) is solely responsible for their password and we do not make it available to any of our customers.

5. On what legal basis is your information processed?

The classification of the legal basis of data stored and processed by Empregare listed in Section 1 occurs by analyzing the specific context in which we collect it.

Data processed by Empregare tends to be collected only:

6. Data of Adolescents

EMPREGARE.com may offer vacancies for Youth Apprentices on its website, pursuant to the Consolidated Labor Laws - CLT, the Brazilian Apprenticeship Law No. 10.097/2000 and Decree No. 9.579, and for processing the data of adolescents over the age of 14, always in their best interests.

Our system does not allow registration of résumés of children under 14 years of age; however, we are not accountable for false or untrue registrations.

7. When is this information shared?

The information contained in the curriculum is made available to all companies registered on our data base, their respective managers or, in the case of consulting companies, their clients, according to the level of privacy chosen by the candidate in accordance with section 8 of this Policy.

When necessary to achieve the purposes described in this Policy, Empregare may share your personal data with the third parties listed below in order to properly provide the services offered, secure storage of your personal data and a better experience with Empregare. Whenever data is shared it will be within the limits and purposes of our business, in accordance with the purpose of processing personal data and as per the governing law. Therefore, your data may be shared with:

1. The system of the company by whom the candidate is to be hired.
2. Third-party software platforms and tools for the purposes of managing the provision of services offered by Empregare;
3. Computer services and information technology providers and service provider companies focused on guaranteeing information security within Empregare or improving existing resources;
4. Marketing and communication tools of Empregare or those of our customers so that they can keep the candidate informed about their business or professional development activities;
5. Tax authorities and government, police, local authority and judicial bodies for the purpose of responding to complaints, investigations, judicial measures and legal proceedings; as well as complying with legal, regulatory and tax obligations.

8. How do I manage information about myself?

On your dashboard you will be able to choose how you want to use our account and make your data available using our curriculum privacy levels, namely:

• Public
  The résumé is visible to all companies, agencies or consultancies posting on the site when they do searches
• Private
  Your contact information will be available only on job applications or upon prior request by the companies posting the positions. Only your first name, age, city and résumé details will appear.
• Invisible
  Your résumé will not be found by companies and you will receive no alerts from our system, either by email our by means of our apps. Companies will only have access to your information in the positions you apply for, in which case you will receive emails about these positions.

9. Account Maintenance, Disabling and Deletion System Rules

The Empregare website has rules for maintaining, disabling or deleting registered accounts, ensuring that the information will not remain on our database indefinitely.

Empregare’s clients include public entities as well as private companies, and in some cases its processes are audited and the information needs to be kept and recorded.

If the CANDIDATE wants to DISABLE their account and their access to the website, they can do so through their candidate area, and under Settings click on “Disable Account”. By performing this procedure the CANDIDATE agrees:

1. That your résumé information and contact details will no longer be available in new résumé searches by companies;
2. That the information in your résumé, except the contact details, will be visible to all companies for which you have applied for a vacancy, thus preserving those companies’ internal audit processes and indicators;
3. The CANDIDATE is aware that they will no longer receive information by e-mail about any position related to their profile, including information about the positions they have already applied for;
4. In the event the account is disabled, Empregare reserves the right to maintain in its database the résumé information and other data registered on the website, for up to 5 (five) years, and the candidate agrees and is hereby aware that due to the audit processes and indicators, all their information will only be deleted after this period;

For your information, Empregare has detailed below some rules for DELETING your account:

RULE 1:

• If the candidate does not fill out their application in full (which means a completion rate of less than 50% (fifty percent) according to the candidate's dashboard)
• If they fail to make new accesses in the 3 months following this registration;
• They are not enrolled in any selection process;

Empregare will automatically delete the candidate’s account without prior notice.

RULE 2:

• If the candidate fills out their application in full (which means a completion rate of more than 50% (fifty percent) according to the candidate's dashboard);
• They are not enrolled for any job positions;
• Go 1 (one) year without logging onto the website;

Empregare will send an email to the candidate informing them that their account will be disabled within ten (10) days. If the candidate wishes to keep the account active, they must follow the instructions received in the email. If the candidate does not follow the instructions received, the account will be automatically deleted without prior notice.

RULE 3:

• Request by the candidate to exclude the account;
• They are not enrolled for any job position.

Empregare will have up to 7 (seven) business days to proceed with the deletion of the data.

RULE 4:

• Request by the candidate to exclude the account;
• They are enrolled for a job position.

The account will be initially disabled and, if after five (5) years the candidate has still not logged on during this period, the account and all data will be permanently deleted without prior notice.

In all of the above cases where the account is disabled, if the candidate logs onto the site, the system will issue a request for the candidate’s agreement to activate the account and, with their “I concur”, the account will be reinstated along with the deadlines. 

10. How We Store and Process Personal Data

Empregare holds the personal data collected in a controlled and secure environment in order to fulfill specific purposes, as contemplated in sections 1 and 4 of this Policy. The personal data collected is kept confidential, with strict access control using authentication mechanisms.

Empregare adopts security, technical and administrative measures to keep all stored data secure. Specifically with respect to the data collected through our website, it is stored, processed and protected through best hosting, processing, and backup practices in accordance with its respective criticality.

Nevertheless, the Holder should be aware that no Internet security system is guaranteed against unwanted intrusions, and Empregare's commitment is limited to the adoption of recommended protection measures in accordance with the current state of the art.

11. How do we respond to judicial requests or prevent damages?

We may access, retain and share your information in response to your requests for support through our service channels or in response to a judicial request (such as a search warrant, court order or subpoena) if we believe in good faith that the law requires us to do so.

We may also access, retain, and share information when we have it on good faith that this is necessary to: detect, prevent and resolve fraud or other illegal activities; protect ourselves, our services, you and others, including as part of investigations; or prevent death or imminent bodily injury. For example, we may convey information to external partners about the reliability of your account to prevent fraud and abuse both inside and outside our services.

We may also retain information about disabled accounts in order to prevent further abuse or violations of our terms.

12. Communication Policy

We strive to avoid sending unsolicited emails by restricting communications with you to matters that are relevant or of specific interest to you.

When you send us your data, we may contact you through the means of communication provided therein.

If you prefer to no longer receive any form of communications from us, you can access the candidate’s dashboard and choose by which means of communication you wish to receive our bulletins, job notices and other communications necessary for the proper performance of the service provided by Empregare.

You should be aware that many fraudsters try to take advantage of traditional brands to obtain personal information such as passwords and financial data. Empregare WILL NEVER REQUEST YOUR FINANCIAL DATA VIA EMAIL OR TELEPHONE. IN THE EVENT OF ANY OTHER SUSPICIOUS ATTITUDE, FORWARD YOUR DOUBT OR ALERT click here.

13. How do our global services operate?

Empregare may share your résumé and test result information with a group of partner companies, customers or third parties for the purposes described in this policy. Information collected within the European Economic Area ("EEA"), for example, may be transferred to countries outside the EEA for the purposes described in this policy.

We use standard contractual clauses and in accordance with the European Data Privacy Commission to legitimize data transfers from the EEA to Brazil and other countries, with due regard at all times for data protection rules and required levels of control.

14. International Transfer of Personal Data

Empregare may transfer some of your personal data to service providers and partners located abroad, including cloud service providers. Where your personal data is transferred outside of Brazil by Empregare, we will take appropriate measures to ensure adequate protection of your personal data in accordance with the requirements of applicable data protection laws, including by entering into appropriate data transfer agreements with third parties where necessary.

15. How you will be notified of changes to this Policy

Our website, in whole or in each of its tabs and sections, may be unilaterally closed, suspended or interrupted by Empregare at any time and without the need for prior notice, in which case we will inform you where the information contained therein will be made available, which you are entitled to access in accordance with prevailing legislation.

This Policy may be updated or amended at any time, and you will be notified of changes to this policy via email, or notification on the candidate dashboard or through our applications.

If you do not accept the new Privacy Policy template, you will not be allowed access to your account and EMPREGARE, without prior notice, will disable these accounts in accordance with Rule 2 described in item 9 above.

16. Connections (Links) to Other Sites

Our website may contain links or frames of other sites. These links or frames seek to provide benefits in addition to the content and services offered to the User.

We wish to clarify that the inclusion of these links on our website does not mean that Empregare is aware of, agrees to or is responsible for the content of such links and frames. It is important to emphasize that our objective is to only provide links or frames from reputable and reliable companies, and that Empregare is not responsible for the information, products and services obtained by the User on these websites, nor for the commercial practices and privacy policies adopted by these companies, and that Empregare cannot be held liable for any losses and damages or loss of earnings incurred from availing of these resources.

To the extent that linked sites are not part of our website, we do not control, recommend or endorse those sites and their content, products, services, policies and privacy practices; we do not have access to your personal data collected and processed by them and their advertising policies, cookies and terms of use. Therefore, we recommend that you read these documents from third-party websites carefully.

17. How to get in touch with Empregare in case of doubt

For the purposes of this Policy, Empregare is qualified as a controlling company, since it stores your personal information, and we are responsible for the decisions regarding the processing of your personal data that we collect. To maintain direct contact with you, a Personal Data Treatment Supervisor has been designated by Empregare to manage a communication channel. If you have any doubts regarding the personal data treatment activities under our responsibility, or questions and observations about this Policy, contact SiqueiraCastro Advogados (“Supervisor”) by clicking here.

We will review your request and respond to it as soon as possible, considering the deadlines and terms provided for in applicable law. If we are unable to immediately deal with your request, we will indicate the factual and legal reasons preventing us from doing so.

Empregare is not responsible for the correctness, truthfulness, authenticity, completeness and updating of the data provided by the Holder, nor even for the possible misuse of information published by them or for fraud arising from the breach of personal passwords.

It is your sole responsibility to provide only accurate, truthful, authentic, complete and up-to-date information, and to ensure the confidentiality of your password, where applicable, by not disclosing it to third parties.

Access our support channel and user help desk to resolve your other doubts by clicking here.