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Terms and Conditions of Use for Gupy Recruitment and Selection for Companies

Welcome to Gupy Recruitment and Selection!

These Terms and Conditions of Use ("Terms") apply to Client Companies as users of the platform and services offered by GUPY TECNOLOGIA EM RECRUTAMENTO LTDA., the developer and owner of Gupy Recruitment and Selection (hereinafter referred to as "Gupy Recruitment and Selection").
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Overview

These terms establish rules that must be followed when using Gupy Recruitment and Selection and can be consulted by the User at any time through Gupy Recruitment and Selection.

It is important for you to know that the Privacy Notice of Gupy Recruitment and Selection for Companies is an integral part of these Terms.

The acknowledgment and acceptance of these Terms are absolutely indispensable for the use of Gupy Recruitment and Selection and the Services offered by Gupy. Therefore, for the correct use of Gupy Recruitment and Selection, you must read, ensure you have understood, and accept all the conditions established in these Terms.

Definitions

Talent Pool: a location where information about candidate individuals who have previously applied for positions with the Client Company and/or have been invited by the Client Company to join their respective Talent Pool is stored;

Content: Any information inserted by Users in Gupy Recruitment and Selection;

Talent CRM: also known as Candidate Relationship Management, is a paid module of Gupy Recruitment and Selection for Client Companies seeking to add talents (potential candidates) to the pool and develop a relationship to expedite their arrival to a position;

Client Company: a company that contracts the services offered by Gupy, especially services related to Gupy Recruitment and Selection to advertise job opportunities or to attract qualified individuals to identify potential talents among them, selecting them to join their team. Job opportunities may be advertised in the "Work with Us" section of the Client Company's career page;

Gupy: GUPY TECNOLOGIA EM RECRUTAMENTO LTDA, registered under CNPJ number 23.514.668/0001-52, headquartered at Avenida Paulista, 1079, Bela Vista, in the city of São Paulo, State of São Paulo, ZIP code 01.311-200. Manager of Gupy Recruitment and Selection;

Gupy Recruitment and Selection: Gupy's Recruitment and Selection Platform, a tool used by Client Companies to manage their Selection Processes;

LGPD: Lei Geral de Proteção de Dados Pessoais (General Data Protection Law) - Law No. 13,709, of August 14, 2018;

Candidate Individuals: individuals who apply and are interested in occupying a specific position or role through selection processes for the Client Company;

Selection Processes: a set of techniques that aid in choosing the most suitable candidates for a particular job opening. Through it, it is possible to identify skills and competencies and verify which profiles have the greatest compatibility with the position and the company's culture;

Users: Candidate Individuals and Client Companies that use Gupy Recruitment and Selection;

Company User: an Employee of the Company who uses Gupy Recruitment and Selection for selection processes.

Application of these terms

These Terms will be applicable to you as soon as you start using Gupy Recruitment and Selection by creating a company user account and will only cease to apply if and when your relationship with Gupy ends, especially in the following scenarios:

  • Due to your departure from the Client Company;
  • Due to the revocation of your access by the administrative User;
  • Due to the termination of the contract between Gupy and the Client Company.

If your account is subsequently reactivated, these Terms will again apply to you in their current version.

Services provided through Gupy Recruitment and Selection

Gupy offers the following Services to Client Companies:

  • Mapping the profile of Client Companies;
  • Identifying professional characteristics of Candidate
  • Individuals through tests provided by Gupy or third parties;
  • Matching the profile of Client Companies seeking Candidate Individuals and Candidate Individuals seeking new job positions, participating in a Selection Process when vacancies are available;
  • Talent Pool for Client Companies with Candidate Individuals who have already participated in their Selection Processes;
  • Talent CRM for companies to add potential candidates to their Talent Pool.

Access and Use Conditions

Registration: Your registration will be done by the administrator of Gupy Recruitment and Selection indicated by your company or with the support of Gupy. If you want to make any changes to your registration, access the profile screen or contact the administrator.

Access account: For the use of Gupy Recruitment and Selection, a user account will be provided to the User, accessed through email (login) and password.

Individual and non-transferable access: It is prohibited to disclose your access data to third parties, and the User is fully responsible for their use. In case of unauthorized use of your account, you must inform us immediately through support-empresa@gupy.com.br, assuming all risks arising from any unauthorized access.

Account linked to the Client Company's management platform: If your user account is linked, via single sign-on, to the Client Company's management platform (SAML), Gupy will not have access to your data nor be able to modify them within Gupy Recruitment and Selection. Any necessary changes, including password changes, must be made by contacting the administrator of Gupy Recruitment and Selection at the Client Company and/or the IT Department of the Client Company.

Authenticity, Updating, and Truthfulness of data: All information provided by the User to access and use the Service must be true. The User is responsible for the truthfulness, accuracy, and authenticity of the registered data, as well as for the safekeeping, confidentiality, and proper use of registered logins and passwords, releasing Gupy from any liability. It is the User's sole responsibility to keep any information provided through Gupy Recruitment and Selection permanently updated to always reflect the User's real data.

Assignment of Candidate Individual to the position: On behalf of the Client Company, you may invite Candidate Individuals to participate in Talent Pools and selection processes for open positions that match the profile and skills of the Candidate Individuals.

Talent CRM: In compliance with applicable law, on behalf of the Client Company, you may add talents to your Talent Pool.

General Guidelines for Company Users

All information, data, texts, programs, music, sounds, photographs, graphics, videos, advertisements, messages, and other materials that may be sent, inserted, or displayed by the Client Company are the sole responsibility of the author of such content.

The Company User on behalf of the Client Company must use Gupy Recruitment and Selection only for lawful and authorized purposes. Gupy has the right to take actions, including the removal of job opportunities or Content, suspension or cancellation of registration, temporary or permanent, and other appropriate actions, if the Company User uses Gupy Recruitment and Selection in violation of these Terms and in an improper manner, such as providing false information or compromising its integrity. This also applies to actions that may create liabilities for Gupy, including defamation of its brand, public image, or its Internet service providers and other suppliers.

The Company User is prohibited from:

  • Violating/attempting to violate the security of Gupy Recruitment and Selection, such as attempting to investigate, copy, and test the system's vulnerability, network, security breach, or authentication measures without authorization;
  • Forgery of TCP/IP headers or any part of header information in any email or postings in news groups;
  • Aggregating, copying, or duplicating parts of Gupy Recruitment and Selection, including expired job opportunities, with the exception of Client Company templates;
  • Adapting or providing a link to any Gupy Content or information available on the Site or the App, unless allowed by these Terms;
  • Posting content or materials that promote or endorse false/misleading information or illegal activities, as well as information that provides instructions for illegal or prohibited activities according to these Terms;
  • Accessing third-party data, servers, or accounts that you are not authorized to access;
  • Publishing content that contains restricted access or password-protected pages, as well as hidden pages or images;
  • Attempting to interfere with services for Users, administrators, or the network, including, but not limited to, methods of sending viruses to the site, overload, accumulation of contentless messages, spam, "email bombs," or glitches;
  • Using Gupy Recruitment and Selection unlawfully for any illegal activity, including or submitting any type of defamatory, accusatory, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, angry, racist, discriminatory content, and that may cause irritation, inconvenience, humiliation, anxiety, and be considered harassment. Links to pornographic, indecent, or explicitly sexual content of any kind are also not allowed, as determined at the discretion of Gupy.

Violations of system and network security may result in civil and/or criminal proceedings: Gupy will investigate occurrences that may result in violations, including but not limited to those mentioned above, and may engage and cooperate with authorities and public security agencies in the punishment of Users who engage in acts of violation.

If false ideological information or fraud related to the nature of the Company User's activities on Gupy Recruitment and Selection is identified, Gupy may, at its discretion, notify and even terminate the contract with the Company, and may also constitute crimes under the Penal Code, subject to penalties.

Functionalities

  • Mapping the Profile of Your Company

You may be invited to take a test of the Client Company's profile if they wish to use this functionality available in Gupy Recruitment and Selection. However, this test will not be mandatory. The test does not generate individual results for each of the employees who take it but rather an overall result about the Client Company.

  • Profile mapping and tests conducted by Candidate Individuals

On the Platform, Candidate Individuals will take online tests used to map their professional characteristics.

  • Opening and publishing job opportunities

Through Gupy Recruitment and Selection, the Client Company can advertise Selection Processes for open positions, selecting the stages it wants to include, such as tests, video recording, and interviews, as well as the inclusion of additional questions. The Client Company can choose where to advertise the job opportunity and may also choose to advertise it internally or externally. The publication of job opportunities, whether external or internal, and their content are the responsibility of the Client Company, including regarding the hiring model.

  • Tests

The Client Company can use the tests provided by Gupy and can create its own tests tailored to its needs.

The inclusion of tests with prejudiced or immoral content is prohibited. If identified, Gupy may unilaterally delete the tests without prior notice to the Client Company.

  • Interview scheduling

If the Company User, on behalf of the Client Company, selects this option, an email may be sent to the Candidate Individual indicating available dates for interview scheduling. It is the responsibility of the Client Company, not Gupy, to confirm the scheduling.

This step occurs only between the Client Company and the Candidate Individual, and Gupy is not responsible for the parties' attendance or feedback on the conducted interview.

  • Video recording stage

Video recording, for cases where the selection process configured by the Company User requests it, will be done by the Candidate Individual through Gupy Recruitment and Selection.

The videos will be recorded according to pre-established parameters and guidelines in Gupy Recruitment and Selection.

Gupy may remove from Gupy Recruitment and Selection any video that, according to its criteria, contains inappropriate, illegal, or damaging content to Gupy's Client Companies. In this case, the Candidate Individual responsible for the recording may have their account deleted and may be subject to civil and criminal liability for any damages the video content may cause to third parties.

Videos, as well as any comments or recommendations made about the videos by you as a Company User, will only be accessible to you and other Company Users designated by the Client Company for the use of Gupy Recruitment and Selection, if applicable.

  • Internal Recruitment

The Client Company may, at its discretion, publish positions for internal recruitment.

  • Additional Questions

The Client Company may ask additional questions, i.e., beyond those configured by default in Gupy Recruitment and Selection, and request additional data through Gupy Recruitment and Selection, without interference from Gupy.

The inclusion of discriminatory, prejudiced, or immoral questions is prohibited. If identified, Gupy may unilaterally delete the questions without prior notice to the Client Company.

  • Gupy Recruiter

Gupy Recruiter is a Google Chrome plugin that locates contact information for potential Candidate Individuals in their Linkedin profile and, with the recruiter's command, automatically adds this information to the Client Company's account in Gupy Recruitment and Selection. The plugin also allows for the automatic sending of an email by the Client Company, inviting the person to participate in their selection process.

Data can only be obtained from people who make their email visible on the Linkedin profile. Additionally, the plugin will only be available when Google Chrome is used as the browser, and only people with "permission to post a job" can recruit in this way.

  • Talent CRM

The Client Company may, at its discretion and in compliance with applicable law, add and manage new talents to its Talent Pool, as well as carry out endomarketing actions depending on the adopted strategy.

  • Recommendation of Candidate Individuals for Positions

Gupy's Artificial Intelligence may recommend Candidate Individuals registered in the Talent Pool of the Client Company for positions, according to the information on the resume and the job description.

  • Recommendation of Positions to Candidate Individuals

Gupy's Artificial Intelligence may make recommendations to Candidate Individuals registered in the Talent Pool of the Client Company for positions based on the information in the resume and the job description.

Guidelines for Individuals who are Candidates

To learn about the guidelines directed at Candidate Individuals, please refer to the Terms and Conditions of Use for Candidate Individuals.

Support

The services of Gupy Recruitment and Selection will be available, whenever possible, 24 (twenty-four) hours a day, 7 (seven) days a week, except for acts of God or force majeure, third-party fault, and technical and/or operational maintenance that require the temporary shutdown of the system or prevent access. For this reason, the User is aware that they cannot claim compensation or damages, regardless of the motivation.

Company Users can contact Gupy Support by email at suporte-empresa@gupy.com.br. Contacts will also be responded to by email, from Monday to Friday, from 9 am to 6 pm, except on holidays.

You can also find various information on our Help Center: https://support-companies.gupy.io/hc/pt-br.

Reports

In order to provide Client Companies with information that helps monitor indicators for better performance, Gupy Recruitment and Selection allows reports to be extracted in .xlsx format regarding their job opportunities and selection processes, in the "Analyze Data" tab or through the public API. Access to the Client Company's data is controlled by permissions and/or security tokens, and the responsible use of the extracted information is entirely the responsibility of the Client Company.

Gupy’s responsibility through Gupy Recruitment and Selection

Gupy is responsible for:

  • Providing an online tool for Client Companies to publish job opportunities or Talent Pools and allowing Candidate Individuals to search and apply for job positions;
  • Providing a tool for the application and management of applications in selection processes.

GUPY is NOT responsible for:

  • Job openings by Client Companies

The publication of job opportunities is the exclusive responsibility of the Client Company. Gupy is not responsible for the quality, safety, or legality of the offered positions, the accuracy or precision of listings, and the ability of Client Companies to provide job opportunities to Candidate Individuals. The publication of job opportunities and their content is the responsibility of the Client Company, including the hiring model.

  • Job descriptions

Gupy is not responsible for the creation, writing, and description of job positions carried out through the Artificial Intelligence Job Writing functionality. The Client Company is solely responsible for reviewing, editing, validating, and approving the suggested job description through Artificial Intelligence.

  • Data provided by Candidate Individuals

The data provided by Candidate Individuals are their exclusive responsibility, and Gupy cannot be held responsible for errors in data entry or its accuracy. This includes the inability to contact the Candidate Individual by the Client Company due to hidden or incomplete contact information.

  • Selection of and elimination of Candidate Individuals in the selection process

Gupy has no interference or participation in the selection process, qualification, and choices made by Client Companies in their process, which are the exclusive responsibility of the Client Company. Likewise, Gupy is not responsible for delays in the selection process and the elimination of Candidate Individuals throughout the Client Company's recruitment process.

  • Direct negotiation between Candidate Individuals and Client Companies

Gupy does not get involved in negotiations between Client Companies and Candidate Individuals and is not responsible for any information exchanged in direct contact between the Client Company and the Candidate Individual via email, telephone, or other communication means.

  • Links to other sites

Gupy Recruitment and Selection may contain links to third-party websites, provided for your convenience and not as an endorsement by Gupy of the content on those sites. Gupy has no control and is not responsible for the content, privacy policies, or practices of third-party websites and will not comment on the content or accuracy of third-party materials. If you access the link, the Company User assumes full responsibility.

  • Issues with the Company User's device

Problems occurring on the Company User's device, such as system failures, internet connection issues, hacker attacks, viruses, interference, piracy, or other security breaches on the device, causing harm, losses, or damages, are the responsibility of the Company User to use means that ensure the security of their information.

  • Integration with other systems

Gupy is not responsible for the integrations that the Client Company performs with its systems. Gupy only provides a public API and webhooks to allow the Company to connect Gupy Recruitment and Selection with other systems.

Gupy is not responsible for the internal sharing of the integration token at the Client Company and any data leaks resulting from the Client Company's misuse of the API.

  • Data collection via Talent CRM

Gupy is not responsible for the regularity of data collection and insertion performed exclusively by the Client Company through the Talent CRM, with the Client Company being fully responsible for compliance with the treatment.

Intellectual Property

The license to use Gupy Recruitment and Selection does not imply, in any way, the provision of the source code or internal software structure or any other technology or functionality of the platform, being the exclusive property of Gupy.

The Company User receives a limited, non-transferable, non-exclusive, royalty-free, and revocable license to download, install, run, and use Gupy Recruitment and Selection on their device. The sale, transfer, modification, reverse engineering, distribution, as well as copying of texts, images, or any parts contained therein, is expressly prohibited.

The right to the content of Gupy Recruitment and Selection is owned by Gupy and is protected by intellectual property rights. Users may not create derivative works, copy, sell, or distribute the content, under penalty of civil and criminal liability for the violation of immaterial property, and the use of the material must be done exclusively in a private and individual scope by the User. When the content is produced/provided by the Client Company, this material will be owned by them.

It is not allowed to use any of the registered trademarks, trademarks, service marks, logos, domain names, or other intellectual property of Gupy, whether linked to Gupy Recruitment and Selection or not.

Privacy and Data Protection

Gupy, through Gupy Recruitment and Selection, complies with and follows the guidelines established by the LGPD, prioritizing user privacy, so that the personal data of Company Users collected will only be used for the specific purpose of contractual execution, in the form of service provision.

The Client Company is aware that by choosing to use Gupy Recruitment and Selection outside Brazil, it may be subject to other legislations, in addition to LGPD, which may result in penalties without Gupy having interference.

For more information, refer to our Privacy Notice, available at: Gupy Recruitment and Selection Privacy Notice for companies.

Price

The use of Gupy Recruitment and Selection by Client Companies is formalized through a contract. For more information, refer to your company's contract.

Penalties

Violation of any clause of these Terms of Use may lead to the cancellation of the Company User's registration in Gupy Recruitment and Selection, contractual penalties, and may result in civil and criminal liability.

Changes, Modifications, and Termination

Gupy reserves the right to modify these Terms at any time for legitimate reasons, and it is also allowed to modify or discontinue (temporarily or permanently) the distribution or update of Gupy Recruitment and Selection at any time. Whenever there is a relevant change, we will make our best efforts to communicate it to you. However, we recommend that you visit this page periodically to check the latest Terms established for the use of Gupy Recruitment and Selection.

If any clause of these Terms becomes invalid, illegal, or unenforceable, this will not affect the validity, legality, and enforceability of the other clauses in any way. Gupy does not waive any of its rights by not enforcing the provisions of these Terms and may exercise them as appropriate and within legal deadlines.

This Term is valid for an indefinite period, starting from the date of Electronic Acceptance by the Company User.

Acceptance

THESE TERMS HAVE THE NATURE OF AN ADHESION CONTRACT, AND BY AGREEING TO THE PROVISIONS HEREIN AND STARTING TO USE GUPY RECRUITMENT AND SELECTION, YOU EXPRESSLY, FREELY, AND INFORMEDLY ADHERE TO THE TERMS AND AGREE THAT YOU HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND AGREE TO ITS CONDITIONS. YOU COMMIT, THEREFORE, TO RESPECT THE CONDITIONS STATED HERE IRREVOCABLY AND IRREVOCABLY, AS WELL AS TO USE THE SERVICES OFFERED THROUGH GUPY RECRUITMENT AND SELECTION BY GUPY IN A PROFITABLE AND LEGAL MANNER.

The Company User understands and acknowledges that they have legal capacity to enter into these Terms of Use and use the service.

Applicable Law and Jurisdiction

The Terms of Use are governed and interpreted according to Brazilian law, as the services are offered in national territory. The competent forum to resolve issues related to this document is the forum of São Paulo-SP.

Last updated on December 6, 2023.