Definitions

• Job Seeker: individual searching for employment.

• Potential Employer: individuals and/or organizations seeking to make available information regarding employment openings

• Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

• Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Data Controller: Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of the Personal Data collected through Emi Lab’s chat service and at the site https://www.emilabs.ai/.

• Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

• Data Subject (or User): Data Subject is any living individual who is using our Service and is the subject of Personal Data. This applies to both Job Seekers as well as Potential Employers.

• Site: Emi Lab's website located at https://www.emilabs.ai/

• Employee: individual hired for a specific position.

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INFORMATION COLLECTION AND USE

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

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Types of Data Collected

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Personal Data

While 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”). Personally, identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Phone number

• Address, State, Province, ZIP/Postal code, City

• Professional or employment related information

• Education information

We may collect and use your information in order to help Job Seekers apply to jobs, to help Potential Employers select candidates, and to provide and improve our Services to you. In the case of Employees, we may also collect information about employment termination.

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Usage Data

We may also collect information on 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 visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

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Tracking & Cookies Data

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

We use cookies and similar tracking technologies to track the activity on our Service and our Site. Please see our Cookie Policy for further detailed information regarding our use of cookies, including how you can control the use of these cookies via your browser settings, and where you wish to opt-out of our use of unnecessary cookies. If you do not accept cookies, you may not be able to use some portions of our Service.

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Calendar Information

A user may connect their calendar to our Service. We could then create, read and modify events on the users calendar, for example adding Candidates as guests for an interview.

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USE OF DATA

Emi Labs may use the collected data for various purposes:

• To notify you about changes to our Service.

• To allow you to participate in interactive features of our Service when you choose to do so.

• To monitor and improve the usage of our Service.

• To verify received information.

• To detect, prevent and address technical issues.

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When you provide contact information you agree that we may, as part of our Services to you, communicate with you or initiate communication with you on behalf of a third party, or on behalf of Emi Labs to improve the quality of our service, through various means of communication. By entering your phone number, you are representing and confirming it is your number, you have the right to accept text messages at the number, and you agree to accept such text messages on your cell phone including messages sent by an automated telephone dialing system. Emi Labs offers Job Seekers and Potential Employers the ability to utilize an automatic text messaging service to facilitate contact for the purpose of submitting applications and for other communications related to Job Listings. By using this Service you are consenting to receive text messages about the Potential Employer’s Job Listings as part of the application process, and to receive information about Job Listings that that could be of your interest based on your profile, and acknowledge Emi Labs may use your Personal Data to submit your application to the Potential Employer in accordance with this Privacy Policy. To unsubscribe at any time, reply to any text sent by Emi Labs with the word STOP or contact Emi Labs Customer Support at privacy@emilabs.ai. Replying STOP in response to an SMS sent by Emi Labs will unsubscribe you from all SMS messages from Emi Labs. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. By no means receiving text messages from Emi Labs can guarantee a job offering; using the Services only enables you to participate in an application process.

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Emi Labs may also provide information collected pursuant to this Privacy Policy, including Personal Data, to Potential Employers that may be interested in your application. By exchanging text messages with Emi Labs, answering questions, expressing your interest in a particular Job, you agree to the disclosure of your information to that Potential Employer. Emi Labs sends Job Seeker Personal Data to Potential Employers. Such transfers are performed in the course of the job search, application and interview process. Such Personal Data will be processed in accordance with these terms and those of the relevant Potential Employer. Job Seekers that apply to jobs through Emi Labs that are outside their own country may involve sending their Personal Data to countries with lower levels of data protection.

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Potential Employer account holders agree to comply with all their responsibilities under applicable data protection rules with respect to the collection, processing and storage of Personal Data, as well as providing adequate protection of all data subject rights provided for under all applicable data protection rules.

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Emi Labs sends certain Potential Employer-related information to Job Seekers. This may include the Potential Employer’s location, whether the Potential Employer has taken an action with regard to the Job Seeker’s resume or application such as making a decision in regard to it, and whether the Potential Employer has taken an action in regard to a Job Listing such as pausing or closing it. As a Potential Employer, when you use the Platform (for example by posting a Job Listing) you agree that Emi Labs may provide this information to Job Seekers.

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RETENTION OF DATA

Emi Labs will retain your Personal Data only for as long as is necessary to provide you our Service and for the purposes set out in this Privacy Policy, or until you decide to eliminate them. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Emi Labs will also retain Usage Data for internal analysis purposes, to strengthen the security or to improve the functionality of our Service.

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TRANSFER OF DATA

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

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If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

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

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Emi Labs will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

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DISCLOSURE OF DATA

Disclosure for 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 requests by public authorities (e.g. a court or a government agency).

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Legal Requirements

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

• To comply with a legal obligation

• To protect and defend the rights or property of Emi Labs

• To prevent or investigate possible wrongdoing in connection with the Service

• To protect the personal safety of users of the Service or the public

• To protect against legal liability

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SECURITY OF DATA

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means 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 from 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 in which we collect it.

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Emi Labs may process your Personal Data because:

• We need to perform a contract with you

• You have given us permission to do so

• The processing is in our legitimate interests and it is not overridden by your rights

• To comply with the law

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YOUR 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 aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

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

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

• The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us at privacy@emilabs.ai to assist you.

• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

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

• The right of restriction. 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 the information we have on you in a structured, machine-readable and commonly used format.

• The right to withdraw consent. You also have the right to withdraw your consent at any time where Emi Labs relied on your consent to process your personal information.

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

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

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

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

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You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

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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 resident of California, you have certain data protection rights, including:

• The right to know about the personal information a business collects about you and how it is used and shared;
• The right to delete personal information collected about you (with some exceptions);
• The right to opt-out of the sale or sharing of your personal information; and
• The right to non-discrimination for exercising your CCPA rights.

As of January 1, 2023, according to new additional privacy protections added by the CPRA, you also have:

• The right to correct inaccurate personal information that a business has about you;

• The right to limit the use and disclosure of sensitive information collected about you.

Subject to the CCPA, Emi Labs has several responsibilities, including responding to your requests to exercise these rights. If you wish 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 fulfilling its responsibilities under the CCPA. The verification steps may vary — depending on the right and the nature and sensitivity of the Personal Data. We will process your request based upon the information in our records that is linked or reasonably linkable to the information provided in your request. In some cases, additional information may be requested in order to verify your request or where necessary, to process your request. If we are unable to adequately verify a request, we will notify the requestor.

The CCPA defines "sale" as disclosing or making available to a third-party Personal Data in exchange for monetary or other valuable consideration, and “sharing” includes disclosing or making available Personal Data to a third party. While we do not disclose Personal Data to third parties in exchange for monetary compensation, we may disclose some Personal Data (e.g. name, email address, phone number) to Potential Employers to help you go through an employment application. To opt out of Emi Labs’s “sale” or sharing of your Personal Data, as applicable, please contact us at privacy@emilabs.ai.

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

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

If you are a resident of Virginia, 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 previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means.

• The right to opt out of the processing of the personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning 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 wish 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 Business, Emi Labs takes all reasonable precautions to verify your identity in connection with fulfilling its responsibilities under the VCDPA. The verification steps may vary — depending on the right and the nature and sensitivity of the Personal Data. We will process your request based upon the information in our records that is linked or reasonably linkable to the information provided in your request. In some cases, additional information may be requested in order to verify your request or where necessary, to process your request. If we are unable to adequately verify a request, we will notify the requestor.

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SERVICE PROVIDERS

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

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These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

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LINKS TO OTHER SITES

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

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

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USE BY MINORS

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

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YOUR DATA PROTECTION RIGHTS UNDER THE MEXICAN LEY FEDERAL DE PROTECCIÓN DE DATOS PERSONALES EN POSESIÓN DE LOS PARTICULARES ("LFPDPPP")

In case Mexican laws & regulations of privacy and data protection are applicable to the treatment of your data, the following sections will be applied, complement or prevail over any other disposition that may be in conflict with this Privacy Policy:

1. Full Privacy Notice: This Privacy Policy is considered a full Privacy Notice in terms of the LFPDPPP and other applicable dispositions.

2. Responsible. Emi Labs, Inc., with address at 548 Market St, San Francisco, CA 94104, USA, is considered responsible for the treatment of your personal data.

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

4. Type of Data Collected. Emi Labs 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 on the use of our Service, including tracking data; vi) social security data; vii) economic dependants; viii) results of skill tests; ix) nationality data; x) driver’s licence type; ix) expected salary data and INFONAVIT credit. Additionally, we may collect the following sensible data: i) health data; ii) criminal background data; iii) toxicological test results.

5. Data Transfer. Data transfer that occurs in order to comply with laws or legal requirements, or between Emi Labs’ subsidiary companies, does not require your consent.

Additionally, your personal data can be transferred to Potential Employers, in accordance to that established in this Privacy Policy. We may provide information collected compliant with this Privacy Policy, including personal data, to Potential Employers that may be interested in your professional profile, in order to contact you, evaluate you, and consider you for a potential hiring. By exchanging text messages with Emi Labs, answering questions, expressing interest in a particular position, you accept that information to be transferred to the Potential Employer, and that before the transfer Emi Labs can conduct data analysis activities to identify the best suited Job Seeker profiles to fill Potential Employer’s job vacancies. The information we share to Potential Employers is shared over the course of an application process of a Job Seeker to a Job Listing. The Potential Employers that receive personal data from Job Seekers accept to fulfill all of their obligations corresponding to the protection of Personal Data under the LFPDPPP and other applicable regulations, not only on its collection, processing and storage, but also to provide adequate protection to all of the data rights subjects.

6. Use of data. The section denominated “Use of Data” included in this Policy is referred to the list of uses for the data. All of the uses listed there are considered primary uses, including the analysis of data that can identify the most suited Job Seeker profiles to fill Potential Employers’ Job Listings. We won’t treat your data for secondary uses.

7. Your rights.

7.1. How can you act on your ARCO rights?

You are entitled to know which personal data we have collected from you, what we use them for, and the conditions under which we use them (Access). You are also entitled to: request  the correction of your personal data in case it is out of date, not exact, or incomplete (Rectification); request the deletion of your personal data from our records when you consider that it is not being used appropriately (Cancelation); oppose the use of your personal data for specific purposes (Opposition). These rights are known as ARCO rights.

For the exercise of any of your ARCO rights, you must present the request by sending an email to privacy@emilabs.ai 

With respect to the procedures and requirements to exercise of your ARCO rights, we inform you the following:

a) Through which communication channels can you validate your identity, or the identity of your Representative? By email to the following address privacy@emilabs.ai 

b) What information and/or documentation should the request have? i) Full name; ii) Copy of your official identification, and; iii) a clear description of the data over which you would like to exercise your rights.

c) How many days will it take for us to provide a response to your request? We will respond to any complete request within 20 business days after receiving your request. The response will indicate if the request is admissible. If it’s admissible, we will take the corresponding determination within 15 business days from the date in which the first response is communicated to you. These timeframes may be extended in accordance with applicable law.

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

7.2. Revokement of Consent

You may revoke your consent to the use of your Personal Data which, at some point, you had provided us for the treatment of your Personal Data. However, it’s important you consider that not always will be able to process your request or conclude the use in an immediate way, since it’s possible that due to some legal obligation we may need to continue treating your Personal Data. Moreover, you must consider that for certain purposes, your consent’s revokement will cause that we will no longer be able to provide you the Service you requested from us, or conclude your relationship with us.

In order to revoke your consent, you will have to submit your request by sending an email to the following address: privacy@emilabs.ai. The request must contain the same requirements as in a request to exercise ARCO rights.

7.3. Limitation of the use and disclosure of your personal data

You can limit the disclosure and use of your personal data by sending an email to the following address: privacy@emilabs.ai. The request must contain the same requirements as in a request to exercise 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 through general publications in our web page or through email. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

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YOUR DATA PROTECTION RIGHTS UNDER ARGENTINA’S PERSONAL DATA PROTECTION LAW 25.326

In case Argentinean laws & regulations of privacy and data protection are applicable to the treatment of your data, the following sections will be applied, complement or prevail over any other disposition that may be in conflict with this Privacy Policy:

1. Full Privacy Notice. This Privacy Policy is considered the full document that informs data subjects how their personal data is collected, to which purposes, what type of treatment is given to such data, and how to act on rights protected by Argentina’s laws.

2. Responsible. EMI LABS S.A.S., with address at Loreto 2133, CABA, CP 1426, Argentina, is considered Responsible for the treatment of your personal data. As established by Argentina’s law 25.326, EMI LABS S.A.S. has rightfully registered its user database with the Agencia de Acceso a la Información Pública, and conducts the corresponding renewals according to current legislation.

3. Consent. Your consent is the legal basis for the processing of your data. As the owner of your data, you are not obliged to provide them. If you do not wish to provide your data, you will not be able to access Emi Labs Services, as their proper functioning requires certain Personal Data of their owners. In case of providing inaccurate data, it is possible that Emi Labs Services cannot be provided properly.

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

5. Data Transfer. By accepting this Privacy Policy, you give your prior, explicit, and informed consent to Emi Labs to provide your personal data to: (i) any company that is part of the same business group as Emi Labs, and (ii) product and/or service providers with whom Emi Labs has a current commercial agreement for the purpose of providing the Services (including providers located in the United States of America). Additionally, your personal data may be transferred to Potential Employers in Argentina, 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 your professional profile for the purposes of contacting, evaluating, and considering you for possible employment. By exchanging text messages with Emi Labs, answering questions, expressing your interest in a particular position, you agree to disclose that information to such Potential Employer, and that Emi Labs carries out data analysis activities that allow the identification of Candidate profiles that are more suitable to fill vacancies of Potential Employers. The information we share with Potential Employers is done in the course of a Candidate's application process for a job. Potential Employers receiving personal data from Candidates agree to comply with all their corresponding 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 in providing adequate protection to all data rights subjects. If you want to know the identification and data of the assignee of the personal data transferred, you must request it from Emi Labs by sending an email to privacy@emilabs.ai accrediting your identity in a reliable manner.

6. Data Purposes. The section called "Use of Data" included in this Policy refers to the list of purposes for processing your Personal Data. Emi Labs does not collect data for any other purpose that is different or incompatible with the purpose stated in this Policy, nor does it collect data through unfair, fraudulent, or contrary means to current legal provisions.

7. Data Quality, Security and Confidentiality. The data we collect must be true, appropriate, relevant, accurate, and not excessive in relation to the scope and purpose that motivated their collection. They will be stored, facilitating at all times the exercise of the rights of their owners and will be updated if necessary, as well as being destroyed according to what is mandated by the current regulatory framework. Emi Labs implements all necessary measures to ensure the security of its Users' personal information, contemplating the practical, technical, and organizational internal measures necessary to guarantee the security, integrity, and confidentiality of the data, diligently trying to prevent unauthorized access, destruction, use, modification, or disclosure of the data, in accordance with the provisions of Law 25,326 and complementary regulations that establish different security measures for the treatment and conservation of personal data contained in private databases. Emi Labs also undertakes to maintain the duty of confidentiality of Personal Data, and can only be relieved of such obligation by law or judicial resolution emanating from a competent authority.

8. Your rights.

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

You can consult the Access to Public Information Agency (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 their responsible parties. This agency is responsible for the National Register of Databases, which is publicly and freely accessible.

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

Regarding the procedure and requirements for the exercise of your rights, we inform you of the following:

a) Through which means can the owner and, where applicable, their representative, verify their identity as well as the latter's personality? By email at privacy@emilabs.ai 

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

c) Within how many days will we respond to your request? We will respond to any complete request within the deadlines provided by Law 25.326, its regulatory decree and complementary regulations for each type of request. The deadlines may be extended in accordance with applicable law.

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

9. Changes to the Privacy Policy. We may update our Privacy Policy over time. We will notify you of any changes through general posts on our website or via email. 

We recommend you review this Privacy Policy periodically to find out if there are any changes. Changes to this Privacy Policy are effective from the moment they are posted on this page. The use of any of the Services, following the changes to the Policy, implies acceptance of them.

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CONTACT US

If you have any questions about this Privacy Policy, please contact us to the following address: privacy@emilabs.ai