Privacy Policy

Última actualización: 2 de Mayo de 2024

Emi Labs, Inc. and its subsidiaries (Emi Labs, LLC., Emi Labs SAS, Emi Labs Mexicana, S.A.P.I de C.V.), hereinafter “Emi Labs”, operate the site https://www.emilabs.ai/, the Emi Labs domains, and the Emi Labs chat interactions through different channels (hereinafter, the “Service”).

This page provides information about the policies for collecting and using personal data when you use the Service, and the choices you have associated with the data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information as set out in this Policy.

Definitions

• Applicant: A person who intends to be hired for a specific position.

Employee: Person hired for a specific position.

• Potential Employer: Person interested in hiring Candidates through Emi Labs Services (“Employer” or “Potential Employer”).

• Personal Data: Data about an individual who can be identified from such data (or from such data together with other information in our possession, or that may be in our possession).

• Usage Data: It is automatically collected data, whether it was generated by the same use of the Service, or by the Service's infrastructure (for example, the duration of a visit to a page).

• Data Responsible: It means the legal or legal person who, independently or together with other persons, determines the purposes for which, and the ways in which, any type of personal information is or will be processed. For the purpose of this Privacy Policy, Emi Labs is a Data Controller for personal data collected through the Emi Labs chat service and on the site https://www.emilabs.ai

• Data Processor (or Service Provider): It means the legal or legal person who processes the data on behalf of the Data Controller. Emi Labs may use the services of several Service Providers to be able to process your data more effectively.

• Data Subject (or User): It is any individual who is using our Service and is a subject of Personal Data.

• Site: the official site of Emi Labs located at https://www.emilabs.ai/

COLLECTION AND USE OF INFORMATION

We collect different types of information for various purposes in order to provide and improve our Service.

Types of Data Collected

Personal Data

When using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”), including:

• Personal identification data

• Personal contact details

• Personal data related to your academic career

• Personal data related to your work history

• Personal patrimonial or financial data

We may collect and use information to help Candidates apply for jobs, and to provide and improve the Services offered. In the case of Employees, we may also collect reasons for termination of employment.

Usage data

We may also collect information regarding how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visited, the time and time of the visit, the time you stayed on those pages, unique device identifiers and other diagnostic data.

Tracking Data and Cookies

Cookies are files with a small amount of data that may include an anonymous unique identifier. Cookies are sent to your browser from a website, and are stored on your device. We also use other tracking technologies such as beacons, tags, and scripts to collect and track information, and thus analyze and improve our Service.

We use cookies and similar tracking technologies to track activity on our Service and on our Site. Please see our Cookie Policy for more information related to our use of cookies, including how you can control the use of these cookies through your browser settings, and how you can prevent the use of unnecessary cookies. However, if you do not accept Cookies, you will not be able to use some parts of our Service.

Calendar Information

A User can connect their calendar to our Service. In that case, we will create, read and modify events in the User's calendar, for example by adding Candidates as guests to an interview.

DATA USAGE

Emi Labs can use the collected data for several purposes:

Provide and maintain our Service.

Notify you about changes to our Service.

Allow you to participate in interactive features of our Service, when you choose to do so.

Monitor and improve the use of our Service.

Verify the data provided.

Verify your identity

Detect, prevent, and resolve technical problems.

When you provide contact information, you grant consent for us to communicate with you as part of our services, or to initiate communication with you on behalf of a third party, through various means of communication. By entering your phone number, you are confirming that it is your number, that you have the right to accept text messages sent to that number, and you agree to receive such messages on your mobile phone, including messages that can be sent in an automated manner. Emi Labs offers Candidates and Potential Employers the possibility of using an automated messaging service to facilitate contact for the purpose of submitting employment applications and for other communications related to a recruitment process. By using this Service, you are agreeing to receive text messages about the job for which you have applied, as well as to appear in job searches that may interest you according to your profile, and you also accept that Emi Labs may use your Personal Data to submit your application for employment as established in this Privacy Policy. At no time does the use of your Personal Data imply a promise or offer of employment, but only participation in an application process. To unsubscribe at any time from the messages, you can contact the Emi Labs Support team at the email address privacy@emilabs.ai.

Emi Labs may also provide information collected in accordance with this Privacy Policy, including Personal Data, to Potential Employers who may be interested in your professional profile. By exchanging text messages with Emi Labs, answering questions, expressing your interest in a particular position, you agree to have that information disclosed to that Prospective Employer. The information that Emi Labs shares with Potential Employers is made in the course of an employment application process. That Personal Data will be processed in accordance with this Privacy Policy and in accordance with the Employer's Policies. Candidates who apply for jobs through Emi Labs who are outside their country agree to have their Personal Data sent to countries that may have lower levels of data protection.

Potential Employers agree to fulfill all their responsibilities for the protection of Personal Data, both in its collection, processing and storage, as well as to provide adequate protection to all data rights subjects under all data protection rules applicable to their jurisdiction.

Emi Labs sends Candidates certain information related to Potential Employers. This can include the City/State of an Employer site, regardless of whether the Prospective Employer has already made a decision regarding a Candidate's application or whether the Prospective Employer has made a decision about their job offer, such as pausing or canceling it.

Personal Data may be processed for as long as the purpose of its processing justifies it.

DATA RETENTION

Emi Labs will retain your Personal Data for as long as necessary to provide you with the Service and for the purposes described in this Privacy Policy, or until You decide to delete them. In addition, we will retain and use your Personal Data in order to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and ensure compliance with our agreements and policies. Emi Labs will also retain Usage Data for purposes related to internal analysis, to reinforce our security, or to improve the functionality of our Service.

DATA TRANSFER

Your information, including your Personal Data, may be transferred to and maintained on computers located outside your state, province, country or other governmental jurisdiction where data protection laws may differ from those in your jurisdiction.

If you are located outside the United States and choose to provide us with information, please know that we transfer your data, including Personal Data, to the United States for processing there.

Your consent to this Privacy Policy, followed by the provision of such information, represents your agreement to that transfer.

Emi Labs will take all steps reasonably necessary to ensure that your data is treated securely and in compliance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or country without adequate controls, including the security of your data and other personal information.


DATA DISCLOSURE

Disclosure for reasons of law enforcement

Under certain circumstances, Emi Labs may be required to disclose your Personal Data if required to do so by law, or in response to valid requirements from public authorities (for example, a court of law or government agency).

Legal Requirements

Emi Labs may disclose your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
To protect and defend the rights or property of Emi Labs
Prevent or investigate potential misuse related to the Service
Protect the personal safety of users of the Service or the public
Protect yourself against any legal obligation

DATA SECURITY

The security of your data is important to us, but remember that no mechanism for transmitting data over the Internet, nor any method of electronic storage, is 100% secure. Although we do our best to use commercially accepted methods to protect your Personal Data, we cannot guarantee its absolute security.

 

LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are part of the European Economic Area (EEA), Emi Labs' legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect, and the specific context under which we collect it.

Emi Labs may process your Personal Data in cases where:

We need to contact him

He has given us permission to do so.

The processing is in our legitimate interest and does not violate your rights

It is necessary to comply with the law

YOUR PERSONAL DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Emi Labs takes reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you want to be informed about what Personal Data we hold about you, and if you want to have it removed from our systems, please contact us at privacy@emilabs.ai

Under certain circumstances, you have the following data protection rights:

The right to access, modify, or delete the information we hold about you. When possible, you can access, modify, or request the deletion of your Personal Data directly from the settings section of your account. If you are unable to perform these actions yourself, please contact us at privacy@emilabs.ai so that we can assist you.

The right to rectification. You have the right to have your information rectified if it is incorrect or incomplete.

The right to object. You have the right to object to the processing of your Personal Data.

The right to restraint. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of your information in a structured format that is machine-readable.

The right to withdraw your consent. You also have the right to withdraw your consent at any time for personal information where your consent has been previously required.

Please note that we may need to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about the collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

OUR POLICY ON “DO NOT TRACK” SIGNALS UNDER THE CALIFORNIA ONLINE PROTECTION ACT (CalOPPA)

We do not offer Do Not Track (“DNT”) support. Do not Track is a preference that you can set in your web browser to report sites where you do not want to be tracked.

You can enable or disable Do Not Track by visiting your web browser's preferences or settings page.

YOUR DATA PROTECTION RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA) OF 2018 AND THE CALIFORNIA PRIVACY ACTS RIGHT (CPRA) OF 2020

If you are a California resident in the United States, you have certain data protection rights, including:

The right to know what personal information about you is being collected by a Company and how it is being used and shared;
The right to delete personal information that has been collected from you (with some exceptions);
The right to opt out of the sale or transfer of your personal information; and,
The right not to be discriminated against in exercising your CCPA rights.

As of January 1, 2023, in accordance with additional new privacy protections from the CPRA, you also have:

The right to correct inaccurate personal information that a Company may have about you;

The right to limit the use and disclosure of your sensitive information.

Subject to the CCPA, Emi Labs has several responsibilities, including responding to your requests to exercise these rights. If you would like to exercise any of these rights, please contact us at privacy@emilabs.ai. Please note that we may ask you to verify your identity before responding to such requests. Emi Labs takes all reasonable precautions to verify your identity in connection with the fulfillment of its responsibilities under the CCPA. The verification steps may vary, depending on the law and the nature and sensitivity of the Personal Data. We will process your request based on information in our records that is linked to or reasonably linked to the information provided in your request. In some cases, additional information may be requested to verify your request or, when necessary, to process your request. If we are unable to properly verify a request, we will notify the applicant.

The CCPA defines “sale” as the disclosure or availability of Personal Data to third parties in exchange for monetary compensation or other valuable compensation, and “sharing” includes the disclosure or availability of Personal Data to a third party. Although we do not disclose Personal Data to third parties in exchange for monetary compensation, we may disclose some Personal Data (for example, name, email address, telephone number) to Prospective Employers to assist you with your employment application. To choose not to share or sell your Personal Data by Emi Labs, please contact us at privacy@emilabs.ai.

California residents have certain rights in connection with the disclosure of their Personal Data to third parties for direct marketing purposes. We do not disclose your Personal Data to third parties for direct marketing purposes.

YOUR DATA PROTECTION RIGHTS UNDER THE VIRGINIA CONSUMER PROTECTION ACT (VCDPA) OF 2021

If you are a Virginia resident in the United States, you have certain data protection rights, including:

The right to confirm whether or not a Controller is processing the consumer's personal data and to access such personal data;

The right to correct inaccuracies in the consumer's personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data;

The right to delete personal data provided by or obtained about the consumer;

The right to obtain a copy of the consumer's personal data that the consumer has previously provided to the controller in a portable and, as far as technically possible, user-friendly format that allows the consumer to transmit the data to another controller without obstacles, when the processing is carried out by automated means.

The right to choose not to participate in the processing of personal data for the purpose of (i) targeted advertising, (ii) sale of personal data, or (iii) profiling for decision-making that produces legal or similar effects in relation to the consumer.

As a Controller subject to the VCDPA, Emi Labs has several responsibilities, including responding to your requests to exercise these rights. If you would like to exercise any of these rights, please contact us at privacy@emilabs.ai. Please note that we may ask you to verify your identity before responding to such requests. As a Company, Emi Labs takes all reasonable precautions to verify your identity in connection with the fulfillment of its responsibilities under the VCDPA. The verification steps may vary depending on the law and the nature and sensitivity of the Personal Data. We will process your request based on information in our records that is linked to or reasonably linked to the information provided in your request. In some cases, additional information may be requested to verify your request or, when necessary, to process your request. If we are unable to properly verify a request, we will notify the applicant.

SERVICE PROVIDERS

We may employ third-party companies and individuals (“Service Providers”) to facilitate our Service, provide the Service on our behalf, provide services related to our Service, or assist us in analyzing how our Service is used.

These Service Providers have access to your Personal Data only to perform such tasks on our behalf, and are required not to disclose or use such data for any other purpose.

LINKS TO OTHER SITES

Our Service may contain links to other sites that are not operated by us. If you access a third party link, you will be directed to that third party site. We strongly advise you to review the Privacy Policy of any site you visit.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any external site or the services that those sites may provide.

USE BY MINORS

If you are under 18 (“Minor”), your parent, guardian or legal representative declares that you use our Services and share your personal data under their supervision and with your explicit consent. If you are a parent, guardian, or legal representative and you know that a dependent Minor has provided us with your Personal Data, please contact us at privacy@emilabs.ai.

YOUR DATA PROTECTION RIGHTS UNDER THE FEDERAL LAW ON THE PROTECTION OF PERSONAL DATA HELD BY INDIVIDUALS (“LPD”)

If Mexican regulations on privacy and personal data protection are applicable to the processing of your data, the following additional sections will apply, complement or prevail over any provision in conflict with this Privacy Policy:

1. Comprehensive Privacy Notice: This Privacy Policy is considered a Comprehensive Privacy Notice in terms of the LPD and other applicable provisions.

2. Responsible: The person responsible for the processing of your personal data is Emi Labs, Inc., with registered address at 548 Market St, San Francisco, CA 94104.

3. Consent. Your consent is the legal basis for the processing of your data.

4. Types of Data Collected. We may collect personal data belonging to the following categories: i) identification data; ii) contact data; iii) work data; iv) academic data; v) data collected automatically regarding your use of our Service, including tracking data; vi) social security data; vii) economic dependents; viii) results of skills tests; ix) data relating to your nationality; x) type of driver's license, as well as; ix) personal financial data consistent with the desired salary and INFONAVIT credit. In addition, we may collect the following sensitive personal data: i) health data; ii) criminal records, and; iii) toxicological test results.

5. Data Transfers. The transfer of data for the purpose of compliance with laws or in compliance with a legal requirement, or between affiliated or subsidiary companies of Emi Labs, does not require your consent.
Additionally, your personal data may be transferred to Potential Employers, in accordance with what is mentioned in this Policy. We may provide information collected in accordance with this Privacy Policy, including personal data, to Potential Employers who may be interested in their professional profile for the purpose of contacting them, evaluating them and considering them for possible employment. By exchanging text messages with Emi Labs, answering questions, expressing your interest in a particular position, you agree that this information will be transferred to that Prospective Employer, and that after transferring it, Emi Labs will carry out data analysis activities to identify the most similar candidate profiles to fill vacancies for Potential Employers. The information we share with Potential Employers is made in the course of an application process for a Job Applicant. Potential Employers who receive personal data from Candidates agree to fulfill all their responsibilities for the protection of Personal Data under the LPD and other applicable regulations, both in its collection, processing and storage, as well as to provide adequate protection to all subjects of data rights.

6. Use of data. The “Use of Data” section included in this Policy refers to the list of purposes for processing your personal data. All of the listed purposes are considered primary purposes, including the analysis of data to identify the most suitable candidate profiles to fill vacancies for Potential Employers. We do not process your personal data for secondary purposes.

7. Your rights.

7.1. How can you act on your ARCO rights?

You have the right to know what personal data we have about you, what we use it for and the terms of use we give them (Access). It is also your right to request the correction of your personal information if it is out of date, inaccurate or incomplete (Rectification); that we delete it from our records or databases when you consider that it is not being used properly (Cancellation); as well as to object to the use of your personal data for specific purposes (Opposition). These rights are known as ARCO rights.

To exercise any of the ARCO rights, you must submit the respective request by sending an email to privacy@emilabs.ai

With regard to the procedure and requirements for the exercise of your ARCO rights, we inform you of the following:

a) By what means can the owner and, if applicable, his representative prove his identity, as well as the latter's personality? By email to the address privacy@emilabs.ai 

b) What information and/or documentation should the request contain? i) Full name; ii) Official copy of your identification, and; iii) a clear description of the data you intend to exercise your rights over.

c) In how many days will we respond to your request? We will respond to any complete request within 20 business days of receiving your request. The response will indicate whether the request is admissible. If admissible, we will make the appropriate determination within 15 business days from the date the first response is communicated to you. Deadlines may be extended in accordance with applicable law.

d) By what means will we communicate the response to your request? By email. If you exercise your right of access, we provide you with digital documents.

7.2. Revocation of Consent

You can revoke your consent to the use of your Personal Data that, if any, you have given us for the processing of your Personal Data. However, it is important to keep in mind that not in all cases we will be able to respond to your request or complete the use immediately, since it is possible that due to a legal obligation we may need to continue processing your Personal Data. In addition, you should consider that for certain purposes, the revocation of your consent will mean that we cannot continue to provide you with the Service you requested, or the termination of your relationship with us.

To revoke your consent, you must submit your request by sending an email to privacy@emilabs.ai. The request must contain the same requirements as a request for ARCO rights.

7.3. Limiting the Use and Disclosure of Your Personal Data

You can limit the disclosure and use of your personal data by sending an email to privacy@emilabs.ai. The request must contain the same requirements as a request for ARCO rights.

8. Changes to the Privacy Policy. We may update our Privacy Policy from time to time. We will notify you of any changes by means of general publications on our website or by email.

We recommend that you review this Privacy Policy periodically to find out if there are any changes. Changes to this Privacy Policy are effective as soon as they are posted on this page. The use of any of the Services, after the changes have been made to the Policy, implies their acceptance

YOUR DATA PROTECTION RIGHTS UNDER ARGENTINE LAW 25,326 ON THE PROTECTION OF PERSONAL DATA

If Argentine regulations on privacy and personal data protection are applicable to the processing of your data, the following additional sections will apply, complement or prevail over any provision in conflict with this Privacy Policy:

1. Comprehensive Privacy Notice: This Privacy Policy constitutes the complete document that informs data subjects how their personal data is collected, for what purposes, what treatment is given to the data, and how to exercise the rights protected by Argentine Law.

2. Responsible. The person responsible for the processing of your personal data is EMI LABS S.A.S., with address at Loreto 2133, CABA, CP 1426, Argentina. In accordance with the provisions of Law 25,326, EMI LABS S.A.S. complies adequately with the registration of its user database with the Agency for Access to Public Information and makes the corresponding renewals, in accordance with current regulations.

3. Consent. Your consent is the legal basis for the processing of your data. As the owner of your data, you are not required to provide them. If you wish not to provide your data, you will not be able to access the Emi Labs Services, since their proper functioning requires having certain Personal Data from their owners. If you provide inaccurate data, the Emi Labs Services may not be able to be provided properly.

4. Types of Data Collected. We may collect personal data belonging to the following categories: i) identifying data; ii) academic and professional data; iii) data collected automatically regarding your use of our Service.

5. Transfer of Data. By accepting this Privacy Policy, you give your prior, express and informed consent to Emi Labs to provide your personal data to: (i) any company that is part of the same business group to which Emi Labs belongs, and (ii) suppliers of products and/or services with whom Emi Labs has a current commercial agreement for the purpose of providing the Services (including suppliers located in the United States of America). Additionally, your personal data may be transferred to Potential Employers in the Argentine Republic, in accordance with what is mentioned in this Policy. We may provide information collected in accordance with this Privacy Policy, including personal data, to Potential Employers who may be interested in their professional profile for the purpose of contacting them, evaluating them and considering them for possible employment. By exchanging text messages with Emi Labs, answering questions, expressing your interest in a particular position, you agree that this information will be transferred to that Prospective Employer, and that after transfer, Emi Labs will carry out data analysis activities to identify the most similar candidate profiles to fill vacancies for Potential Employers. The information we share with Potential Employers is made in the course of an application process for a Job Applicant. Potential Employers who receive personal data from Candidates agree to fulfill all their responsibilities for the protection of Personal Data under Law 25,326 and other applicable regulations, both in their collection, processing and storage, as well as to provide adequate protection to all subjects of data rights. If you want to know the identification and data of the transferee of the personal data transferred, you must request it from Emi Labs by sending an email to privacy@emilabs.ai reliably proving their identity.

6. Purpose of the data. The “Use of Data” section included in this Policy refers to the list of purposes for processing your Personal Data. Emi Labs does not collect data for any purpose other than or incompatible with the purpose set out in this Policy, nor does it collect data through unfair, fraudulent means or contrary to current legal provisions.

7. Data quality, security and confidentiality. The data we collect must be certain, adequate, relevant, accurate and not excessive in relation to the scope and purpose for which they were collected. They will be stored, facilitating the exercise of the rights of their owners at all times and updated if necessary, and will also be destroyed in accordance with the provisions of the current regulatory framework. Emi Labs implements all the necessary measures to maintain the security of its Users' personal information, including the practical, technical and internal organizational measures necessary to guarantee the security, integrity and confidentiality of the data, diligently trying to prevent unauthorized access, destruction, use, modification or disclosure of data, in accordance with the provisions of Law 25,326 and complementary regulations that establish the different security measures for the treatment and conservation of data personal data contained in private databases. Emi Labs is also obliged to maintain the duty of confidentiality of Personal Data, which can only be relieved of this obligation by law or judicial decision issued by a competent authority.

8. Your rights.

8.1 How can you act on your rights as a data subject?

You can consult the Access Agency for Access to Public Information (or the supervisory authority that replaces it in the future), free of charge, about the existence of files, records or databases, their purposes and the identity of those responsible. This body is responsible for the National Database Registry, which is publicly accessible and free of charge.

You also have the right to request and obtain information about the personal data that we collect from you (Access) following the guidelines defined in Argentine Law. It is also your right to have your personal data rectified, updated and, when appropriate, deleted or subject to confidentiality (Rectification, Update or Deletion). To exercise any of these rights, you must submit the respective request by sending an email to privacy@emilabs.ai

With regard to the procedure and requirements for exercising your rights, we inform you of the following:

a) By what means can the owner and, if applicable, his representative prove his identity, as well as the latter's personality? By email to the address privacy@emilabs.ai

b) What information and/or documentation should the request contain? i) Full name; ii) Official copy of your identification, and; iii) a clear description of the data you intend to exercise your rights over.

c) In how many days will we respond to your request? We will respond to any complete request within the time limits set out in Law 25,326, its regulatory decree and complementary rules for each type of request. Deadlines may be extended in accordance with applicable law.

d) By what means will we communicate the response to your request? By email. If you exercise your right of access, we provide you with digital documents.

8. Changes to the Privacy Policy. We may update our Privacy Policy from time to time. We will notify you of any changes by means of general publications on our website or by email.

We recommend that you review this Privacy Policy periodically to find out if there are any changes. Changes to this Privacy Policy are effective as soon as they are posted on this page. The use of any of the Services, after the changes have been made to the Policy, implies acceptance of them.

CONTACT US

For any questions related to this Privacy Policy, please contact us by email at privacy@emilabs.ai.