Terms and privacy.

Welcome to Yolii.

This website, yolii.co, and its associated technology (Technology) are owned and operated by Xollip SAS (NIT: 901113651-9). By continuing to use the Technology, you agree to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern XOLLIP SAS's relationship with you in relation to the Technology. If you do not agree with any of the terms and conditions of this Agreement, do not use the Technology.

1. Definitions

Forms: Means all the questions or tasks that an employer invites a candidate to complete. Forms are made up of questions of various types, which may request: short answers, long answers, true/false, document uploads and video uploads.

Sequences: Refers to the process of evaluators who will take part in each selection process. These are people, members or non-members of the organization, who will have a vote on the candidates' information.

Evaluation response: Means any content created by a candidate when completing an evaluation, and includes any content titled "Interview response", "Talent test response", "Talent showcase response", "Skills assessment response" or similar.

Candidate: Means any person who uses the Site in order to complete an Evaluation.

Employer: Means any person who uses the Technology to Evaluate Candidates.

Published content: Means any content published or uploaded to the Site by a user, including evaluation responses, evaluation content, author profiles, candidate profiles, employer profiles, and the employer's role requirements and preferences, and such content may take the form of data, videos, photos, documents, files, comments and other materials.

Service agreement: Means any service agreement signed by an Employer and Xollip for the provision of the Technology by Yolii to the Employer, which is subject to these Terms of Use.

Site: Means Yolii.co and includes all services, features or future variations that we provide at Yolii.co.

User: Means any individual or business user of the Site, including Authors, Employers and Candidates, and includes you.

We or "Yolii.co" refers to XOLLIP SAS, a company from Bogotá, Colombia.

You refers to you or any legal entity you represent when you become a User of the Site, and "your" or any similar word has the corresponding meaning in relation to you.

2. Contract

• These Terms of Use form a legally binding contract between you and Xollip S.A.S. once you become a User, and govern our provision and your use of the Technology.
• You acknowledge and agree that you accepted to be unconditionally bound by these Terms of Use: (i) when you registered as a User on the Site and checked the "I accept" option during registration; or (ii) when you signed a Service Agreement (as applicable).
• If you are using the Technology on behalf of a legal entity, you acknowledge that your registration on the Site, or the signing of a Service Agreement (as applicable), binds the legal entity you represent, and you warrant that you have the authority to enter into contracts on behalf of and to bind the legal entity you represent.
• You consent to and allow Yolii to use your company's name or logo in any promotional material or on the Site itself, provided that Yolii's representation is accurate and not misleading. You may request that Yolii stop such use, and such request must be made in writing.

3. User eligibility

• If you are an individual User, you must register with the same name you use in everyday life and provide accurate information about yourself. If you register as an employer or on behalf of an employer, you must register using the name of the company you represent.
• Yolii does not knowingly accept User registrations from anyone under 15 years of age. If you register as an individual User, you represent and warrant to us that you are at least 15 years old and, if you are seeking paid employment, that you are of legal age to perform the role you are applying for.
• It is your responsibility to make sure that your access to the Site is legal and does not breach any law that applies to you.
• Your account belongs to you and is for your use only. You must not authorize or cause any other person to use your account, and you must not transfer your account to anyone else.

4. Intellectual property

All intellectual property in the Technology (which may include, now or in the future, Yolii's compatibility assessment system) is owned and retained by Yolii. You must not copy, reproduce, modify, distribute or create derivative works from (or attempt to do any of these with) any of Yolii's intellectual property.

5. Published content

• Once you are registered as a User, you may upload Published Content to the Site.
• You are solely responsible for your Published Content and take full responsibility for it. You must make sure that: (i) your Published Content is authentic, true, accurate, correct and not misleading; (ii) your Published Content is not rude, offensive, racist or inappropriate, and does not contain material that is contrary to any law that applies to you; and (iii) you have the rights needed to publish your Published Content and your Published Content does not infringe the intellectual property, copyright or moral rights of any other person, and you will indemnify us for any claim or loss we may suffer as a result of your Published Content not complying with these Terms of Use.
• We have no obligation to, but reserve the right to, monitor your Published Content and remove it if we believe (in our absolute discretion) that your Published Content does not comply with these Terms of Use.
• When you upload Published Content, you automatically grant Yolii an exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, reproduce, modify, adapt and publish the content of that Published Content, including the right to sublicense as needed for Yolii to provide and maintain the Technology. You waive any moral rights you may have in the Published Content.

6. Information security, retention and privacy

• By using the Technology, you are deemed to have accepted the terms of our Privacy Policy, which is published on the Site.
• The Site uses cookies to monitor browsing preferences. If you allow cookies to be used, we may store your Published Content for use by third parties.
• While we will comply with the terms of our Privacy Policy, we cannot guarantee the security of your information transmitted over the Internet. The transmission of any information or content through the Site is therefore at your own risk.
• Yolii will retain data in accordance with any data retention provision included in your subscription level or service agreement (as applicable).

7. Candidates: particular conditions

If you are a candidate, the following additional terms apply to you:

• You agree that the information you provide may be provided to Employers.
• Yolii uses machine learning as part of its scoring process and only takes into account: the content of your answers, including the transcript of audio or video answers; how well you answer the questions (including correct grammar and spelling); and whether you answer questions within the time limits. Yolii will never analyze your facial expressions or any visual data from video answers, nor will Yolii ever take into account any demographic data such as your age, sex, race, etc.
• You acknowledge and agree that we may search and evaluate your Published Content in connection with providing and maintaining the Technology. Employers may contact you in relation to evaluations and job opportunities.
• You represent and warrant that Evaluation Responses are created in good faith and represent your own work. You must not infringe the intellectual property, copyright or moral rights of any other person while creating an Evaluation Response.
• You acknowledge and agree that Yolii does not, at any stage and notwithstanding the provision of the Site, make any representation, warranty or guarantee, express or implied, that jobs are available, that you will receive job offers or that you will be contacted by employers. You also acknowledge and agree that Yolii makes no representation, warranty or guarantee, express or implied, as to the actual suitability of the jobs offered to you by Employers.
• You acknowledge and agree to be aware of cybersecurity and to protect your personal financial information. Candidates are responsible for when and how they share this information as part of an interview process. Yolii does not recommend sharing any personal financial information as part of an evaluation. If in doubt, candidates can contact Yolii through the available help channels.
• You accept "ANNEX 1: Special Declarations and Authorizations" when you apply to a vacancy or job offer.

8. Employers: particular conditions

If you are an employer, the following additional terms apply to you:

• You must only use the Technology to Evaluate Candidates for bona fide reasons (including real employment opportunities or to allow job preparation).
• Yolii may, at its sole discretion, restrict the number of Candidates you invite to the Site if Yolii considers your use of the Site to be excessive.
• Unless otherwise agreed with Yolii, you must only create one account (your own).
• You must not use the Technology to Evaluate Candidates for jobs that are illegal, offensive, discriminatory or inappropriate, including but not limited to jobs with conditions that do not meet the award conditions in the relevant jurisdiction or jobs that involve unsafe working conditions.
• You acknowledge that you may be provided with Candidates' personal data (as provided to us through the Site). You must only use such details for their intended purpose and for no other purpose. You must not send advertisements, mass email communications or any other "junk mail / SPAM" communication.
• You acknowledge and agree that Yolii does not, at any stage and notwithstanding the provision of the Technology, make any representation, warranty or guarantee, express or implied, that Candidates are available, that Candidates will meet your requirements or that the Evaluation content or Evaluation Responses will meet your requirements. You also acknowledge and agree that Yolii makes no representation, warranty or guarantee, express or implied, as to the actual suitability of Candidates for the jobs you have available.
• Online subscription provisions: (i) If you registered to use the Technology on the Site, you are subject to an online subscription (Subscription). (ii) Different subscription levels are available, which entitle Employers to a different number of hires, active jobs each month, user seats and/or different functionality. You are entitled to the specific inclusions listed on the Site for the subscription package you chose. (iii) Subscriptions may be monthly, annual or any other period specified on the Site, and will renew automatically at the end of each Subscription period unless otherwise specified. (iv) If your Subscription is a paid plan, the credit card you provided will be charged the amount of the chosen Subscription level in advance for the chosen Subscription period. It is your responsibility to make sure that the credit card details you provided stay up to date. (v) You are entitled to upgrade, downgrade or cancel your subscription at any time. If you cancel, your subscription will end at the end of the current subscription period, but you will not be entitled to any credit or refund for amounts accrued or paid before such termination. (vi) Yolii is entitled to immediately suspend or terminate your subscription if you do not pay an amount when due. Despite any suspension or termination, you will remain liable for amounts owed before the date of suspension or termination.
• Service agreement provisions: (i) If you have signed a Service Agreement with Yolii, the online subscription provisions of clause 8 (g) do not apply to you. (ii) Payments are due at the billing frequency and before the due date specified in the Payment Terms section of the Order Form. If no such terms are specified, full payment of each invoice issued by Yolii is due 30 days after the invoice's issue date. (iii) You are liable for the full amount specified in the Order Form, for the full period of use specified in the Order Form. (iv) Except in the case of fraud or gross negligence by Yolii, you are not entitled to terminate the Service Agreement before the term of use expires.
• All payments are made in Colombian pesos (COP) if you access the site from Colombia. If you access the site from any country other than Colombia, all payments will be made in US dollars (USD). Depending on the country of access, GST, VAT or any applicable tax will be added to the price of your subscription.
• Late payments: (i) Failure to pay when due will result in interest accruing on the outstanding amount at a penalty interest rate. (ii) In addition to any accrued interest, you agree to reimburse Yolii for the fees of any collection agency, which may be based on a percentage (up to a maximum of 50%) of the debt, and all costs and expenses, including reasonable attorney fees incurred by Yolii in such collection efforts.

9. Authorized use of the site

• You may only use the Technology for lawful purposes and in a way consistent with the nature and purpose of the Site.
• Unauthorized use of the Technology may constitute a criminal offense and/or give rise to a claim for damages.
• You must not, under any circumstances and without our prior written consent, sell or distribute for payment any information made available to you through the Technology.

10. Limitation of liability and exclusion of warranties

• Yolii provides the Technology "as is" and, to the maximum extent permitted by law, all rights, remedies, warranties and guarantees in relation to the Technology are excluded, whether such rights, remedies, warranties or guarantees are express or implied.
• Yolii does not control or independently verify Published Content, the quality of candidates, authors, evaluation content, evaluation responses or the jobs offered by employers, and does not approve or supervise any communication between employers and candidates made through the Site. Use of the Site and any communication or appointment made through the Site is therefore at your own risk.
• To the maximum extent permitted by law, Yolii excludes all liability to you for any action or decision taken by you or any other person on the basis of the information provided in the Technology, and Yolii will not be liable for any loss or damage however caused (including through negligence) suffered or incurred by you in connection with your use of the Technology.
• To the extent that Yolii's liability in relation to the provision of the Technology cannot be excluded, Yolii's liability to you is limited to providing the relevant services used on the Site again or paying the cost of a third party to provide the relevant services (at Yolii's discretion).
• To the maximum extent permitted by law, Yolii will not be liable to you for any indirect, consequential or economic loss (including loss of profits, revenue, contract, opportunity, business, use or anticipated savings) under any circumstances in connection with your use of the Technology.
• Every effort is made to keep the Site running smoothly. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.

11. Yolii's rights

• We reserve the right to refuse, suspend or cancel the registration or use of any User for any reason without notice, including if a User has breached these Terms of Use.
• We also reserve the right to remove, block or prevent your Published Content from being visible, at any time and without compensation.

12. Terms subject to change

We may, at any time and in our absolute discretion, make changes to these Terms of Use or to the way we provide the Technology. Yolii will take reasonable steps to notify you of such changes (such as sending an email to your preferred billing contact, or posting on our blog or on the Site itself). Your continued use of the Technology after such changes will confirm that you have accepted the changes, and you will be bound by them once they have been published on the Site. You should therefore check the Terms of Use shown on the Site from time to time.

13. Governing law

These Terms of Use and your use of the Technology are governed by the laws of Bogotá, Colombia, and you irrevocably submit to the exclusive jurisdiction of the courts of that jurisdiction.

This Privacy Policy sets out our commitment to protecting the privacy of the personal information we collect through this website, Yolii.co (Site), or directly from you. This Privacy Policy governs our data collection and use practices, and describes your choices regarding the use, access and correction of your personal information. We create and maintain an online employment marketplace that analyzes and matches employers' role requirements with job seekers' published profiles, and allows employers to select and invite job seekers to complete auditions published by authors (services).

Please read this Privacy Policy carefully and contact us if you have any questions.

If you provide us with personal information through your use of the Site, you indicate that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it. By using the Site, you acknowledge and agree that the Site provides a platform for you to publish content, including videos, photos, documents, files, comments and other materials (Published Content), which is shared with other users in certain circumstances for the purpose of the services. In these circumstances, other users may see your Published Content, in accordance with the terms and conditions of this Privacy Policy and our website's Terms of Use.

If you do not want to provide us with personal information, you do not have to; however, this may affect your use of this Site or of any products and services offered on it.

This Privacy Policy applies to anyone who accesses the Site, including visitors, job seekers, employers and authors.

1. Type of information collected

Personal information: the type of personal information we collect includes: (i) Personally identifiable information (for example, username, password, email address, location and other personal information in your profile). (ii) Your published content. (iii) Communications between you and other users of the site that are mediated through the site, and communications between you and us. (iv) If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

Cookies, log file information, device identifiers, metadata and similar technology: When you visit the Site, we may use cookies and similar technologies such as pixels, web beacons, device identifiers and local storage to collect information about how you use the Site. We may also record certain log file information (such as your Internet Protocol ("IP") address, browser type, URL, number of clicks and how you interact with links on the Site, landing pages, pages visited and other similar information) when you access the Site. Your browser automatically reports log file information each time you visit the Site. If any of your published content contains metadata (technical data that describes your published content), we may collect and keep it.

2. Collection and use of personal information

We collect and use your personal information for as long as reasonably necessary to provide the Services, which may include:

(i) Assessing a job seeker's attributes against an employer's requirements; (ii) assessing the suitability of auditions and authors; (iii) connecting potential job seekers with employers, and employers with audition authors; (iv) keeping information that will make your later visits to the Site smoother and your access faster; (v) tracking the Site's performance metrics, such as the total number of visitors, user demographics, website traffic, user preferences, etc.; (vi) improving, testing and monitoring the delivery of our Services; (vii) diagnosing and fixing technical problems; (viii) developing and testing new or updated products and features. (ix) We also collect and use personal information for purposes that include contacting and communicating with you, keeping internal records and marketing.

3. Disclosure of personal information

We may disclose personal information for the purpose of providing the Services and as required by law. When we disclose your personal information to third parties for these purposes, we will ask the third party to follow this Privacy Policy in handling your personal information.

Published Content that you voluntarily disclose to the Site may become visible to other users of the Site, in line with our provision of the Services. You can change the privacy settings that apply to your account; please do so if you do not want your Published Content to be generally visible, or visible to certain other specific users.

Subject to the privacy settings selected in your account, any Published Content you contribute may be searched by us for the purpose of providing the Services, and is subject to use in accordance with our website's Terms of Use.

Copies of your Published Content may remain visible in cached and archived pages of the Site, or if other users or third parties using the Site have copied or saved that information, even after you have deleted any Published Content.

We may need to share your information (including information about you that comes from cookies, log files, device identifiers, location data and other similar tools) with third-party organizations that help us provide the Service. Such service providers will have access to your information as reasonably necessary to allow us to provide the Services, but will be subject to reasonable confidentiality restrictions.

We may combine your information with other information in a way that it is no longer associated with you, and share that anonymized data in aggregate form with third parties for data analysis and marketing purposes.

We may share information about your interactions on our website with Yolii's partners to provide them with information related to how Yolii users "use" the site.

The Site's users are global. Therefore, the disclosure of your information as described in this Privacy Policy may take place in Colombia or in any other jurisdiction where the Site's users are located.

4. Payment information

We collect and process your payment information when you subscribe to the Services, including credit card numbers and billing information, using PCI-compliant external service providers.

5. Information about children

The Site is not intended for or directed at children under 15 years of age, and we do not knowingly or intentionally collect information about children under 15.

6. Complaints about a breach

If you believe we have breached the Colombian privacy principles and wish to make a complaint about that breach, please contact us through the Site's live chat or at hola@yolii.co.

7. Unsubscribing

We do not intend to contact you with regular emails, periodicals or other announcements. However, we may contact you from time to time, as needed, in order to provide the services described on the Site. You can unsubscribe at any time by updating your notification preferences. There are some communications (for example, related to your account's verification or security notices) that you may not be able to opt out of.

8. Storage and security

The information you provide through the Site may be stored in Colombia, the United States of America or any other country where Yolii stores information. By registering on the Site, you agree to the transfer of information to Australia, the United States of America or any other country where Yolii stores information. Please note that these locations may have data protection laws that differ from those of your own jurisdiction.

We are committed to making sure that the information you provide is secure and, as such, we make all commercially reasonable efforts to keep the personal information collected through the Site secure. These efforts include asking for your username and password to verify your identity before you are given access to your account. However, we cannot guarantee the security of the personal information you choose to provide to the Site, or that your personal information on the Site will not be accessed, disclosed, altered or destroyed. Keeping your login information secret is your responsibility; help us by not disclosing this information to third parties and by making sure you are comfortable with your account's privacy settings.

9. Updates to the Privacy Policy

Please review this Privacy Policy from time to time, as we may modify or update it periodically. Your acceptance of such modifications or updates will be deemed to have occurred upon your continued use of the Site.

I declare that the information recorded in and attached to this form is true, and I accept that any omission or inaccuracy in these documents may result in this application being rejected and the documentation being returned.

Within the terms of the Statutory Law of Habeas Data and its regulatory decrees, I declare that, as the owner of the information held here or that may be collected by Yolii (as the controller of the information) and the Applying Company (as the processor of the information), I authorize these companies to consult and verify it in Colombian, foreign or international information centers or databases, in my capacity as a natural person or that of the legal entity I represent, its legal representatives, statutory auditors, board members, partners and shareholders. The above is for the purpose of preventing any type of activity related to Money Laundering or the Financing of Terrorism. I also authorize the aforementioned companies to store accounting and legal information, which may be evaluated, as well as verified and reported to credit risk agencies.

Likewise, I expressly authorize Yolii and the Applying Company, within the established legal terms, to store and manage the data provided, which will be used for the Applying Company's client management and hiring processes.

We note that the information recorded here, and that held in Yolii's databases, may be requested, corrected, replaced or withdrawn at any time by its owner, in accordance with the rights and obligations set out in the Statutory Law of Habeas Data and its regulatory decrees.

I certify that I have read and understood the above declarations, as well as the registration guide, the terms and conditions of Yolii's client registration and all documents associated with it.