Platform Use Terms and Conditions
These terms and conditions are aimed at providing information about the Web Portal and its use. This technological platform is used by both PERFILES Y SOLUCIONES LOGÍSTICAS S.A.S., as well as by PERFILES Y SOLUCIONES TECNOLÓGICAS S.A.S., and by LEAN STAFFING SOLUTIONS INC. to put job seekers who are seeking employment in contact with those clients offering job opportunities in different areas of industry, such as logistics, marketing, technology, and sales.In consideration of the foregoing and for practical purposes, throughout the terms and conditions PERFILES Y SOLUCIONES LOGÍSTICAS S.A.S., PERFILES Y SOLUCIONES TECNOLÓGICAS S.A.S., and LEAN STAFFING SOLUTIONS INC.; will hereinafter be referred to as “THE COMPANIES.”
If you access the Web Portal or use it as an employee or representative of a Business User, you declare and guarantee that you have the authority to bind said Business User to these Legal Conditions.In general, access to the Web Portal does not require prior subscription or registration by Users. However, the User will choose an identifier (ID or login) and password to gain access. THE COMPANIES reserve the right to modify, without prior notice, the design, presentation and/or configuration of this website, as well as some or all of the services offered therein, and add new services, as well as the content of the Legal Conditions so that acknowledgement of these conditions is made by the User each time the Web Portal is accessed.In any case, THE COMPANIES reserve the right to access this website, at any time and without prior notice, to those Users who fail to comply with any of the Legal Conditions that apply to them.
USER OBLIGATIONS ON WEB PORTAL USAGE
The User promises to:
- Make diligent use of the Web Portal and its services, and solely for purposes intended, and to comply with all applicable laws and the Legal Conditions of the Web Portal, while maintaining due respect for other Users at all times;
- Respect the rights of third parties when using the services of the Website. Therefore, this would include the reproduction, distribution, transmission, adaptation or modification, by any means and in any form of the contents of the Web Portal or of third parties, texts, designs, graphics, information, databases, sound files and /or image, trademarks, software, logos, etc., and other elements of this Website, unless previously authorized by their legitimate owners or when allowed by law;
- Not carry out any action that damages or disables the materials and information contained therein, including the information in system platforms or documents, files or any kind of content stored in any computer equipment of the Web Portal, its Users and/or third parties.
- Safeguard the selected password when registering on the Web Portal, avoiding its use by third parties;
- Not use any mechanisms, software or scripts, in relation to the use of the Website;
- Not block, overwrite, modify or copy content, unless this is strictly necessary for the correct use of the Website services and for the purpose described above;
- Not publicly broadcast and reproduce content from the Website or from other Users;
- Not carry out any action, which may impair the functionality of the infrastructure of the Website, especially to overload it;
- Under a prohibited condition, not carry out any advertising activity, offering or distributing goods or services, even when these are legally protected, as well as carrying out or promoting actions contrary to free competition, including those aimed at progressively attracting customers;
- Refrain from obtaining and/or using data and/or content from other Users published on the Web Portal, for activities with promotional or advertising purposes, as well as from sending commercial communications of any kind, and through any medium not requested, nor previously consented by THE COMPANIES and/or the interested parties.
- The User Content sibmitted, posted, displayed or otherwise made available on or through the Web Portal is owned by the User, or otherwise has the right or authorization to publish and make such content available on the Web Portal, and grants a license of use to any of THE COMPANIES, according to the demand for which it is applied.
- Such User Content and its submission, publication, display or availability on or through the Web Portal does not infringe on applicable law, privacy rights, publicity rights, copyrights, contractual rights, property rights intellectual property or any other right of any person or entity.
- Such submission, publication, exhibition or availability on the Web Portal or through it, will not give rise to any breach of any given contract between the User and a third party, and that the User expressly agrees to pay all royalties, fees, damages and any other amount owed to any person or entity due to said User Content submission, published or displayed on or through the Web Portal deriving from a breach of contract.
- It is the responsibility of the User to keep all the User Content continuarlly updated so that it effectively shows results in real time to the demands made. The User agrees to defend, indemnify and hold harmless THE COMPANIES against any claims resulting from such User Content made public by the User.
PUBLISHING REGULATIONS USER CONTENT
It is requested of the User committ to, and to comply with the following rules:
- The User Content provided by the User to any of THE COMPANIES must be truthful and accurate. For these purposes, the User guarantees the authenticity of all datacommunicated on the Web Portal, as well as their right or authorization to provide or post such information;
- It is the responsibility of the User to keep all the User Content continuarlly updated so that it effectively shows results in real time to the demands made. The User will be solely responsible for the false or inaccurate statements made and the damages that these may cause to any of THE COMPANIES and/or third parties.
- The User must refrain from using, publishing, or making available on the Web Portal any User Content that is legally protected as trademarks, patents, utility models or aesthetic models, trade secrets, without having the right or authorization to do so.
- The User must refrain from using, publishing or making any User Content that deteriorates or may deteriorate or in any way affect the quality of the services offeredon the Web Portal;
- The User must refrain from using, publishing or making available any User Content that is or may be interpreted as libelous, defamatory, slanderous, discriminatory, abusive, obscene, that contains insults of a sexual, ethnic or racial or that you know to be false, misleading or inaccurate on the Web Portal.
- The User must refrain from using, publishing or making available any User Content that is pornographic in nature or that violates the laws for the protection of minors, or with the intention of advertising, offering or distributing products pornographicin nature or that violate the laws for the protection of minors, or may annoy other Users on the Web Portal;
- The User acknowledges and accepts that the use of the services of the Web Portal takes place under his sole and exclusive responsibility;
- THE COMPANIES reserve the right to remove any User Content or part of it, which at the sole discretion of any of THE COMPANIES, if it violates the above publication rules or any other obligation contained in these Legal Conditions. If you consider that a User Content does not comply with the provisions of this section, contact our customer service team so that we can have the opportunity to analyze and consider its elimination where appropriate.
- The User will be liable for damages of any nature that THE COMPANIES may suffer as a result of intentional or culpable breach of any of the obligations to which they are subject in accordance with these Legal Conditions and the applicable regulations.
- The Business User acknowledges that in their public profile or company page, as well as on job offers published by same, evaluations may appear from private users based on prior dealings or last work experience with the Business User, or if a selection process was carried out with said business user, as long as the content of the evaluations and comments are not offensive, insulting, defamatory, slanderous or violate any of the publication rules for User Content. Supervising web content personnel from the companies will ensure compliance with the foregoing, thus affording the User the ability to report the content of such evaluation or comment on the Web Portal in a responsable and approapriate manner.
- The Business User must not offer incentives to employees, former employees or candidates in exchange for evaluations and/or comments. THE COMPANIES will eliminate those evaluations when queries have been satisfied, documented or stored on the Web Portal for future reference.
- The Business User may not threaten or coerce any person to perform evaluations or comments. The evaluations are anonymous, so the Business User cannot force THE COMPANIES to reveal who has made them and cannot force employees, former employees or candidates to show the content of the evaluations or comments already made.
- Private Users, when making evaluations and/or comments, must comply with all the publication rules set forth in the previous section, as well as with the rest of the obligations contained in this Legal Conditions document.
- When a Private User makes an evaluation and/or comment, they must represent their personal opinion within the limits indicated above, without coercion and without following instructions from the company in question.
- Private Users are prohibited from requesting incentives (for example, gifts, financialrewards) in exchange for posting evaluations and/or comments.
PUBLISHING REGULATIONS THIRD PARTY CONTENT
The Web Portal may also make the content available to other Users, advertisers and other third parties. For these purposes, “Third Party Content” means any work of authorship or information, company reviews, interview reviews, company photos, job offer responses, jobpostings, job offering company profile information, employment, advertisements, comments, opinions, publications, resumes, messages, text, files, images, works of authorship, email, data or any other material that you as a User find on the Web Portal.Because we do not control such Third Party Content, you as a User acknowledge and agree that:
- THE COMPANIES are not responsible for, and do not endorse such Third Party Content, including advertising and information about third party products and services, job postings or information related to the job seeker, company evaluations and selection processes, as well as salary information by other Users;
- THE COMPANIES do not guarantee the accuracy, suitability, reliability or quality of the information contained in such Third Party Content;
- THE COMPANIES do not assume any responsibility for Third Party Content that is objectionable, inaccurate, misleading or illegal, or that violates these Legal Conditions made available to Users, advertisers and third parties.
PUBLISHING REGULATIONS CORPORATE USER CONTENT
PERFILES Y SOLUCIONES LOGÍSTICAS S.A.S., PERFILES Y SOLUCIONES TECNOLÓGICAS S.A.S. and LEAN STAFFING SOLUTIONS INC., authorize the User to use the Web Portal for the services and functionalities offered on this platform. The Web Portal contains material provided by THE COMPANIES, who own and retain all property rights (including all intellectual property rights) in the content they provide on the Web Portal. If you are a User, THE COMPANIES hereby grant you a limited, revocable and non-sublicensable license, under the intellectual property rights licensed by THE COMPANIES, solely for your personal use in relation to the use of the Web Portal and for its purpose. THE COMPANIES do not grant any other license or authorization of use of any kind on their intellectual and industrial property rights or on any other property or right related to the functionalities and services of this Web Portal.
Under this understanding, the User acknowledges and commits to respect industrial property and any element of an intellectual nature that emerges from the Web Portal at all times.
Except as provided above, Users must refrain from:
- reproducing, modifying, publishing, transmitting, distributing, publicly performing or displaying, selling, adapting or creating derivative works based on the Website or its content (excluding your own User Content); or renting, leasing, lending or selling access to the Web Portal. LEAN SOLUTIONS GROUP, LEAN SALES, LEAN MARKETING, LEAN BPO and LEAN TECH are registered trademarks. The trademarks, logos and registered service registration marks ("Marks") displayed on the Website are property of THE COMPANIES or the property of third parties. You are not permitted to use these registered trademarks without prior written consent or the consent of THE COMPANIES or the third party that owns the registered trademarks.
REGULATIONS FOR CORPORATE USERS
The review of profiles and posted job offers, as well as the use of certain services provided by THE COMPANIES, require registration on the Web Portal of company providing job offers as a Business User. The contact person of the company providing job offers will provide the identification information of the company, as well as their professional contact information and a password.
In the registration of the Business User it is mandatory to:
- register only existing and duly constituted companies in accordance with the application requirements;
- register the company only once, regardless of the existence of subsidiaries, branches or the alteration of any fiscal data of the previously registered company;
- have been granted previous legal authority by the company’s legal representatives(acknowledgement is obtained from the Business User during the registration process on the Web Portal, where the Business User declares and guarantees the above;
- have some kind of direct employment or professional relationship between the naturalcontact person in charge of carrying out the registration and the Business User (Employment Offering Company). The natural person, contact or representative of the Business User may not be an independent agent, nor represent and register more than one company offering employment;
- accept that the use of the Website's services is limited to the search done by job seekers, for those job offers offered by the Business User. Any other use is strictly prohibited;
- access the services or any information published on this website in a personal and interactive way. However, the access or reading by bots or automatic programs on the Website is not permitted.
By registering on the Web Portal, the Business User automatically gets a public profile or company page to provide general information about the company in general, its brand, which will include its logos, information about awards and recognition programs, disclose the benefits offered by the company, as well as news and developments within the company. Likewise, the Business User or its employees may include photos and videos, to show the culture of the company or any other User Content, which is deemed appropriate for the management of its business reputation, to improve its visibility and mention the company history.
In order to complete, update and/or improve the public profile or page of the company, the Business User authorizes any of THE COMPANIES to include information, photos, videos, brands or logos or any other information that the Business User has available publicly on its corporate website and/or on social networks. The Business User may edit, modify, delete or update said content included either by PERFILES Y SOLUCIONES LOGÍSTICAS S.A.S., by PERFILES Y SOLUCIONES TECNOLÓGICAS S.A.S. and/or by LEAN STAFFING SOLUTIONS INC., on the company’s public profile or company page at any time. THE COMPANIES will only include content that complies with these Legal Conditions and, in particular, with the content publication regulations outlined above.
THE COMPANIES will validate compliance with the requirements for registration on the Web Portal according to their best judgment or to the legitimate and accredited demand of third parties, entities or institutions, and they reserve the right not to admit the registration of a company or entity, for commercial reasons, or due to previous contractual breaches or breaches of the Legal Conditions, whether proven or due to well-founded suspicions of said breach, or due to having received complaints from third parties for inappropriate activities.Failure to comply with the registration regulations may mean the immediate cancellation of the Business User account and the removal and destruction of the contents associated with the Web Portal, without the possibility of recovery.
Any Business User who places content that goes against current legislation and the Legal Conditions, will assume sole responsibility for the damages and consequences arising from its publication, exempting THE COMPANIES from any responsibility in this regard.
If you notice any inappropriate content on the Website, please contact us through our contactapplication form.
OTHER CORPORATE USER OBLIGATIONS
Business Users shall not use the posted advertisement(s) for the following purposes:
- To falsely and inaccurately give misleading information;
- To post advertisements on behalf of another person, living or dead;
- To advertise businesses or attract clients (including positions for multilevel companies, franchises, membership clubs, product distribution, or any other that requires monetary investment by the Private User;
- To posting chain letters or pyramid schemes;
- To publish opinions or news, commercial advertisements, promotion of products or services;
- To obtain massive information from Users, in particular their resumes, for uses other than the purpose of the Website;
- To comply with the following, as it relates to both Business Users and Private Users:
- Treat candidate information with the utmost confidentiality and in accordance with the provisions of the legislation on the protection of personal data that is applicable at all times;
- To not collect personal data to build databases, unless express authorization of the owner of the information for such purposes has been given, nor to transfer personal data to natural or legal persons other than those who may have been expressly authorized, and for uses nonother than for the purpose of the Web Portal, which is to establish a conctact zone between individuals who are looking for work with employers or recruiters who are looking for candidates to offer them work;
- To protect the personal data to which it has access, guaranteeing its confidentiality and preventing unauthorized third parties from having access to such information;
- To, under no circumstances, as a Business User, store the data of Private Usersfor other job advertisements or to create a private database of resumes or for any other use other than the purpose of the Web Portal, hence the privacy policies of each of THE COMPANIES. The Business User must, at all times, respect the Privacy and Data Protection Policies of PERFILES Y SOLUCIONES LOGÍSTICAS SAS, PERFILES Y SOLUCIONES TECNOLÓGICAS SAS, and that of LEAN STAFFING SOLUTIONS INC, as the case may be.
TERMINATION OF SERVICES CORPORATE USER
The Legal Conditions will remain in force while the Business User uses the Web Portal and his account remains open. The Business User can delete his profile and account, as well as his job offers at any time.
Failure to comply with the registration rules may mean the immediate cancellation of the Business User account, and the destruction of the contents in association with the account without the possibility of recovery.
In no case the suspension of the service or the non-activation due to non-compliance with the registration regulations or any of those established in this document of Legal Conditions.
THE COMPANIES, as the case may be, reserve the right to terminate the relationship with the Business User at any time, with or without prior notice, without giving rise to indemnities, compensation, or economic sanctions or of any other nature against any of THE COMPANIES.
REGULATIONS FOR THE PRIVATE USER
Registration of the Private User and services:
Access to the Web Portal by Private Users, or job seekers, does not require their prior subscription or registration. However, in order to enjoy certain services offered by the Web Portal, the Private User must register. To create an account you must provide the following information: name and surname, valid email address, as well as a password. Likewise, the Private User may include their academic data, work experience and aptitudes, a photograph, and location informatio in their profile. A resume can be uploaded to our Web Portal in Microsoft Word or Adobe Acrobat (PDF) format.
The services offered free of charge are the following:
- A search engine and directory guided to job offers;
- A list of job offers;
- A record of the last searches for job offers made by the User, which is accessible by the userfrom any computer;
- A subscription to posted job offers and alerts to recently published job opportunities;
- Embedded application job offers platform, published in such a way that contact details are accessible to the company advertising such opportunities immediately;
- Free publication of candidate’s resume on the Web Portal.
THE COMPANIES may decide, at any time and without prior notice, to stop offering their services or some of them for free, without said modification to the conditions as a service provider, giving rise to compensation or indemnity of any kind in favor of the Private User.
By registering as a Private User of the Web Portal, the job seeker expressly authorizes both PERFILES Y SOLUCIONES LOGÍSTICAS S.A.S., as well as PERFILES Y SOLUCIONES TECNOLÓGICAS S.A.S., and LEAN STAFFING SOLUTIONS INC. to provide certain information about the candidateto enable companies or job offerers (Business Users) to contact them directly, respecting at all times the level of privacy determined by the Private User and in accordance with the Privacyand Data Protection Policy of both PROFILES AND SOLUTIONS LOGÍSTICAS SAS., PERFILES Y SOLUCIONES TECNOLÓGICAS SAS, and LEAN STAFFING SOLUTIONS INC., as the case may be.
The Private User, through the Web Portal, is availed a free job offer alert that will be sent to the user’s email once they have properly registered on the Web Portal using the corresponding form.
The Private User can modify or eliminate the alert notifications in a simple, fast and easy way: either by accessing their personal account and deactivating the option to send job offer alerts, or by following the instructions indicated in the bottom of the body of notification alertreceived. Likewise, the Web Portal avails the Private User a messaging or direct chat service feature with the Business Users.
The Legal Conditions will remain in full-force while the Private User utilizes the Web Portal and his account remains open. The Private User can delete his profile and account, as well as his job offers at any time.
THE COMPANIES reserve the right to prevent or limit access and suspend or cancel the account of the Private User in the event that it is used in breach of these Legal Conditions and against the purpose of the Web Portal.
Both PERFILES Y SOLUCIONES LOGÍSTICAS S.A.S., and PERFILES Y SOLUCIONES TECNOLÓGICAS S.A.S. and LEAN STAFFING SOLUTIONS INC., will treat the personal data of the Users in accordance with the terms of the Privacy and Data Protection Policy of each COMPANY.
THE COMPANIES have implemented the appropriate security measures on the Web Portal and are constantly working to adequately protect the Web Portal. However, given that securitymeasures on the Internet are breachable, regarding privacy and security, THE COMPANIES do not guarantee that unauthorized third parties may have knowledge of the type, condition, characteristics and circumstances of the use for which the accesses the Web Portal, or that Third Parties can access, intercept, delete, alter, modify or manipulate the messages, communications and contents of any kind that Users disseminate or make available to third parties through for said purposes.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
The exclusions and limitations of liability in this section apply to the maximum extent permitted by applicable law. Nothing in this section is intended to limit any rights of Users that cannot be legally limited.
THE COMPANIES provide the services and accesses to the Web Portal as established in these TERMS AND CONDITIONS and according to the attainability. Any type of guarantee of results after the use of the Web Portal, whether expressed or implied, including the guarantees or conditions of merchantability, suitability for a particular purpose, title, quiet enjoyment, accuracy or non-infringement, is expressly excluded. THE COMPANIES do not guarantee that the Web Portal may be available in an uninterrupted, timely, secure or error-free manner, nor that the results which are obtained from the use of the Web Portal are accurate or reliable. Due to reasons of maintenance, security or webstite capacity, as well as due to events over which THE COMPANIES do not have control (for example: irregularities in public communication networks, power outages, etc.) brief anomalies or suspension of services which may occur, the User may experience difficulties in accessing the Web Portal. Consequently, THE COMPANIES, exclude, to the maximum extent permitted by current legislation, any liability for damages of any nature that may be due to the lack of service availability or continuity of the operation of the Web Portal and the services provided, as well as access errors in the different web pages or those from which, where appropriate, said services are provided.
THE COMPANIES cannot be held responsible for any damages or disrruption to the services provided by third parties through this Web Portal, as well as damage resulting from the means used or enabled by such third parties to manage service requests, and specifically, by way ofexample and not limitation, acts of unfair competition and illicit advertising through the Web Portal, as well damages restulting from the lack of veracity, accuracy, completeness, defects, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible through the services provided by third parties through this Web Portal.
THE COMPANIES cannot be held responsible for damages of any nature arising from the lack of accuracy, completeness, timeliness, errors or omissions that the information and services contained in this Web Portal or other User and third-party Content may experience while accessing the Web Portal. In the event that a User considers that there is Content on the Web Portal that violates User rights, the User must immediately notify any of THE COMPANIES, as the case may be, through the contact application form provided in the Web Portal. THE COMPANIES do not assume any duty or commitment of verify or monitor the content provided by third-parties, nor any other information beyond the verifications performed by its moderation team, who will follow-up on User complaints submitted through the contact form, which is easily accessible on the Web Portal.
The User has the right to unsubscribe from the Portal in a simple and effective manner and to stop receiving messages originating from same. THE COMPANIES cannot guarantee that other Users who already have the User's email address through their contact list on the Web Portal will be able to contact them again in the future. Likewise, the inclusion of a resume by candidates into our online database considerably increases their visibility and avails them potential placement. It is expressly stated that THE COMPANIES make an effort to limit accessof Private User’s resume to only companies with job offers. However, THE COMPANIES cannot offer a guarantee in this regard. In any case, THE COMPANIES will ban access of our placementservice to any company that is discovered utilizing this informaton for purposes other than the ones intended.
The Web Portal includes, within its contents, links to websites owned or managed by third parties, in order to facilitate access to other information available through the Internet. THE COMPANIES do not assume any liability derived from the existence of links between the contents of third party websites and contents located outside its internal network, or from any other mention of contents existing externally on third party websites. Such links or mentions have an exclusively informative purpose and, in no case, do they imply the support, approval, commercialization or any relationship between THE COMPANIES and the persons or entities that are authors or managers of such content or owners of the websites where they are found.
The use of a password is of a personal nature and non-transferable, and its transfer, even temporary, to third parties is not permitted. The User must adopt the necessary measures to safeguard the created password, avoiding its use by third parties. The User is solely responsible for the use given to the password, with full indemnity to THE COMPANIES. In the event that the User’s password is suspected as being used by third parties, the User must inform any of THE COMPANIES as the case may be, immediately
MODIFICATIONS TO THE LEGAL CONDITIONS.
THE COMPANIES reserve the right to modify the content of this document and of the other Legal Conditions without prior notice. Therefore, it is recommended the User reads the Terms and Conditions each time the Web Portal is accessed. Moreover, THE COMPANIES reserve the right to modify the design, presentation and/or configuration of this Website, as well as some or all of the services offered, and may include new services or features without prior notice.None of the changes made to the Web Portal will apply to prior claims submitted. The access and use of the Web Portal by the User will constitute their acceptance of said changes.
APPLICABLE LAW AND JURISDICTION
These Legal Conditions, as well as the rest of the terms and conditions mentioned herein, relating to the Website, will be governed by applicable Colombian law, as it may apply in the matter.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All intellectual property rights are reserved as they relate to inventions, ideas and concepts, texts, designs, images, databases, logos, structure, brands and other elements found on theWeb Portal, which are protected by intellectual property rights, and which are property of PERFILES Y SOLUCIONES LOGÍSTICAS SAS., PERFILES Y SOLUCIONES TECNOLÓGICAS SAS., LEAN STAFFING SOLUTIONS INC., and/or of third-parties who have duly authorized their inclusion onthe Web Portal, through the registration form or, where appropriate, agreements of assignment in this regard.
Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other exploitation of all or part of the content of this Web Portal, carried out in any way or by any other means, whether electronic, mechanical or in any other form, is strictly prohibited, except with the prior written authorization of PERFILES Y SOLUCIONES LOGÍSTICAS SAS., PERFILES Y SOLUCIONES TECNOLÓGICAS SAS., and LEAN STAFFING SOLUTIONS INC,and/or legitimate third-party owners. Any violation of these rights may result in due civil or criminal legal proceedings.
If you have any questions, complaints, suggestions or comments about these Legal Conditions, you can contact us as follows:
- Through the application contact form.
- If you use the application contact form, you must provide us with as much information as possible about your request: name and surname, email address you use for our Web Portal and the reasons for your request.
Before submitting any information through the system, please take note of the following:
THE COMPANIES, appreciate the completion and submission of the personal data required on the Web channel. Your authorization is required prior to your submission so that the data can be duly managed and routed appropriately. The data will only be used for the purpose described in the PRIVACY AND PERSONAL DATA PROTECTION POLICY of each of THE COMPANIES as the case may be. By submitting your request, it is understood that you have given your acknowledgement and authorization so that the process can be initiated