Terms of Use

Last updated on October 18, 2022 at 10:43 pm (UTC-3)

The language of the original version of this agreement is Portuguese (BRAZIL). To the extent any translated version of this agreement conflicts with the Portuguese version, this version shall prevail..

The aim of this document is to establish the Terms of Use of the Empregare.com website (www.empregare.com), owned by HERO TECNOLOGIA LTDA. (“EMPREGARE.com), a company enrolled with the CNPJ under No. 23.073.946/0001-83, the maintenance entity and sole owner of the website. Please review the terms of use carefully before using our website.

By accessing it, all users agree to the terms and conditions set forth in these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, please do not use our website. EMPREGARE reserves the right to update the Terms of Use from time to time at our sole discretion and you should periodically review them for any modifications and updates.

In fulfilling its purposes, EMPREGARE.com makes available to candidates, free of charge, the registration of résumés and the possibility of registering for open positions in the system through our clients who can ask the CANDIDATE for exam results, tests, questionnaires, certificates and other documents, in addition to business cases and interview videos.

EMPREGARE.com may offer courses, ebooks or other educational materials for the CANDIDATE’S development and training, which you may choose to purchase or not.

The CANDIDATE may apply for positions or purchase any of the educational products provided by the CONTRACTOR.

When registering their résumé, the CANDIDATE shall provide their personal details, as well as their professional background on the understanding that this information is essential for a selection process (for further information about the use of personal data, go to our Privacy and Date Use Policy).

As a selection process management software, EMPREGARE.com plays a unique role as a bridge for communication and integration between the companies that contract our service and the CANDIDATES. Our customers (companies) are solely and exclusively responsible for the job information, communication with the candidate and for admitting or rejecting them in the process.

If the CANDIDATE has any questions about these terms, they can clarify them by contacting EMPREGARE.com directly through the resources available on the website.

Caso O CANDIDATO tenha alguma dúvida sobre o presente termo, o mesmo poderá esclarecê-las entrando em contato diretamente com a EMPREGARE.com através dos recursos disponibilizados no site.

The CANDIDATE hereby declares that:

  1. They are of the legal age to provide services as a professional, young apprentice, intern, trainee or self-employment and business activity;
  2. They are in full command of their faculties to engage in acts in civil life;
  3. They agree with the local laws or those of their country of origin, in addition to not being barred from using the services such as those on the website for any reason;
  4. Registration and résumé information is true.

1. Introduction

1.1. EMPREGARE.com allows the CANDIDATE to use the software free of charge to register résumés and to apply for the selection processes for job vacancies of customers (companies) of HERO TECNOLOGIA LTDA.

1.2. On the website, the CANDIDATE will be able to take exams, tests, record videos, upload attachments, certificates or documents and other evaluation resources requested by the client companies posting the vacancies (companies) of HERO TECNOLOGIA LTDA, responding on the EMPREGARE.com platform itself or those of third parties classified here as partners.

1.3. Through the website, it is also possible to monitor the registered job vacancies using the candidate's dashboard to find out if the vacancy is open or closed, in addition to the option and opportunity for the CANDIDATE to purchase, if so desired, courses, e-books, training and other educational and development materials made available by EMPREGARE.com.

2. Legislation

2.1 - These Terms of Use (Term) have been designed to indicate what information will be collected on account of using the Empregare website and how such information will be handled, in compliance with Law 13.709 of August 14, 2018, which provides for the protection of personal data.

3. Awareness and responsibilities of the candidate

3.1. It is the responsibility of the CANDIDATE to read these Terms of Use, our Privacy and Data Use Policy and Cookie Policy, acknowledging that when registering they must check the box confirming that they agree with the items described in our policies.

3.2. The CANDIDATE acknowledges that because we are a recruitment and selection software, this implies the completion of professional contact information and the need to respond to the assessments provided, which may be requested by our clients (companies) responsible for posting positions and for the selection process. How we collect and use this information is specified in our Privacy and Data Use Policy.

3.3. EMPREGARE.com has clients from public and private entities whose processes are audited, including the professional information on the CANDIDATE’s résumé. In this case, the CANDIDATE agrees that some of their background information has to be recorded and retained even when their account is disabled or they request deletion (for further information consult our Privacy and Data Use Policy).

3.4. It is the sole responsibility and onus of the CANDIDATE to procure the computer equipment and internet connection necessary for accessing the EMPREGARE.com software or its clients’ hotsites, and EMPREGARE.com shall not be liable for the existence, operation and quality of such equipment, systems and connections.

3.5. Empregare will not be accountable for the results produced by the software if the device used to access it is affected by some type of external program, such as those popularly known as viruses, or by operational failure. Nor will Empregare be liable for: (i) operation of the software by unauthorized persons; (ii) any defect arising from the exclusive fault of the CANDIDATE; and (iii) for damages or losses arising from administrative, managerial or commercial decisions made based on information provided by the software.    

3.6. The CANDIDATE undertakes to access and use the software of EMPREGARE.com exclusively for lawful purposes, according to the prevailing law, with due regard for best ethics in the use of the internet and in the strictest good faith, as well as all the rules of use of the website disclosed therein, being fully liable as solely responsible for the information they convey in their résumé and also in the responses to tests, exams, questionnaires, video presentations and their registration data.

3.7 The CANDIDATE understands and agrees that EMPREGARE.com may at any time suspend or discontinue the operation of the Empregare software for maintenance purposes, resulting from an act of God or force majeure, regardless of any prior notice. The CANDIDATE may not assign to Empregare any liability, nor demand payment for loss of earnings on account of losses resulting from technical difficulties or failures of the software or the internet.

3.8. EMPREGARE.com declares that it will maintain, at its criterion and according to market possibilities, the website constantly updated in order to improve it and to adapt to the new technologies available.

3.9. The CANDIDATE, in turn, recognizes that information technology is constantly developing and that perfection and absence of defects or risks is a non-existent concept in this sector.

3.10. By registering, the CANDIDATE acknowledges that the data entered on their résumé will be public for viewing by registered companies and their employees, and that one of these companies may be their current employer. Thus, by choosing EMPREGARE.com, the CANDIDATE expressly acknowledges and agrees that EMPREGARE.com cannot be held liable, under any circumstances, for any damages the CANDIDATE may incur arising from their résumé being viewed, using the EMPREGARE.com software, by their current employer or any third parties.

3.10.1. If the CANDIDATE has no desire to have their information viewed in public, as provided for in section 3.9 above, they can select their desired privacy level pursuant to section 8 of the Privacy Policy by accessing the CANDIDATE dashboard on our site www.empregare.com.

3.11. Any loss that the User may experience resulting from improper use of the system due to incorrect registration of any data by the CANDIDATE will not be borne by Empregare.  

4. Storage and use of information, privacy and cookies

4.1. By registering, the candidate agrees that they have read and agree with our following policies:

  1. Privacy and Data Usage Policy;
  2. Terms of Use;
  3. Cookie Policy;

4.2. Each term has its specifications that the candidate should read and, before registering, tick the checkbox stating that they agree with all items.

5. Technical support for candidates and business hours

5.1. The CANDIDATE can address any technical doubts regarding the use of the software through our “Candidate Support” area by using questions and answers and tutorials available on the EMPREGARE.com website and the work pages we hold of customers who use the EMPREGARE.com software, recognized by the address “companyname.EMPREGARE.com”.

5.2. In addition, EMPREGARE.com will also provide technical support to the CANDIDATE through the call form available on the website and hotsites, on business days (Monday through Friday) and during business hours (from 8:30 a.m. to 6:00 p.m., Brasilia time), and the response to calls placed may take 2 to 3 business days via email.

6. Passwords and security

6.1. The CANDIDATE acknowledges that their password for access to the website is for personal and non-transferable use, and they must not provide it to third parties under any circumstances and must take all reasonable measures to ensure its confidentiality, also logging out in order to finalize their access to their services page.

6.2. The recovery of lost or forgotten passwords will be in accordance with the security guidelines posted on the website.

6.3. The CANDIDATE acknowledges that they must arrange for proper security when using their computer equipment and, whenever possible, use an antivirus system, firewalls and other updated security systems, and that no responsibility accrues to Empregare for the failure to use any appropriate security measures.

6.4. The CANDIDATE agrees to be fully liable for any legal consequences arising directly from the loss or theft of their password, regardless of intent or fault.

7. Selection processes and openings posted

7.1. EMPREGARE.com acts as a provider of solutions that connect candidates and advertisers, and it does not engage in, or have the legal prerogative, to monitor, inspect, edit or approve the contents of the job vacancies disclosed by the companies or regarding the communication between the hiring companies and the candidate.

7.2. EMPREGARE.com is not responsible for the content of the positions advertised, for communications established between advertisers and candidates, nor for carrying out the selection processes of the advertisers who are solely responsible for the positions, communications and selection processes, and it is incumbent on candidates to look after their best interests, for which reason the candidate expressly acknowledges and agrees that EMPREGARE cannot be held accountable to CANDIDATE or to any third party for losses and damages of any kind arising from such negotiations, whether contractual, non-contractual or of any other nature.

7.3. EMPREGARE.com agrees to maintain CANDIDATE’s resumé registered in accordance with the functionalities of the website and the privacy classification determined by the CANDIDATE, with no responsibility for the effective participation of the CANDIDATE in selection processes (interviews, tests, group dynamics, cases, video interviews) nor for hiring them.

7.4. The CANDIDATE is aware that, with their consent, based on their registration and acceptance of the Terms of Use, messages may be sent by EMPREGARE.com to their email with information about open positions and selection processes, whether or not they have applied. In addition, once the résumé is registered for a position with the advertiser, the latter may send messages directly to the candidate, without any intermediation by EMPREGARE.com, even if the candidate has an “invisible” profile,  

7.5. The CANDIDATE also warrants being aware that by registering their résumé on the EMPREGARE.com website, all client companies, whether or not these have positions advertised, and whether or not they submitted applications, will have access to the CANDIDATE’S data unless they are an active employee of one of these client companies and, when they register their CPF, their résumé will only be visible to their employer.

7.5.1. In the case described in item 7.5, if the CANDIDATE is an active employee of a client company of EMPREGARE.com, the résumé will only be restricted to the company if it imports its employees’ data, enabling systemic linking by EMPREGARE.com.

7.6. The EMPREGARE.com website may announce vacancies without the company’s name being disclosed, that is, the selection process of the hiring company will be confidential up until the company understands by disclosing this information. The candidate warrants being aware that this type of vacancy will be available, whether or not they choose to apply, and that the advertiser may even be their current employer.

8. Site Acceptance Status

8.1 The website is offered to the candidate and is hereby accepted in its current technical and perfect state, for which reason EMPREGARE.com is not liable for any other guarantee or other situations:

  1. For the suitability of the website to the candidate’s needs or expectations.
  2. For an uninterrupted, error-free website.
  3. For any information or communication posted by the companies advertising positions and selection processes.
  4. For the results or performance expected by the candidate when using the website.
  5. For correcting and improving the errors found by the candidate on the website.

8.2. The parties warrant being fully aware that the use of any computer system in an environment exposed to the internet will be subject to attacks, and neither party shall be liable to the other party, or third parties, for any damage caused by hackers or third parties with similar intentions.

9. Interruption to the use of the website or posted content

9.1. Should EMPREGARE.com become aware of any information disclosed ("Content") by the CANDIDATE through the website that infringes the current legal system or, furthermore, violates ethics and good customs, due to conflict with third-party rights, the CANDIDATE will be immediately notified by EMPREGARE.com so that they can comment on such facts within a maximum period of 24 (twenty-four) hours:

  1. If illicit or improper content is found, EMPREGARE.com will delete the information or even disable or delete the registration and résumé from the website, regardless of authorization by the candidate, and may forward all such information to the legal authorities, under the law, and the CANDIDATE is solely civilly and criminally liable for the content disclosed on the website.
  2. If EMPREGARE.com detects unlawful content that could cause damage of any kind to third parties or which involves civil or criminal legislation, EMPREGARE.com may unilaterally suspend it prior to notifying the CANDIDATE so that they can express their opinion on the matter, pursuant to the terms of item 9.1 above.
  3. The suspension or exclusion of content will also be unilateral and independent of any notification to the candidate when determined by the competent authorities.
  4. The suspension of content contemplated in this clause shall not entitle the CANDIDATE to any kind of indemnity, nor any compensation for damages or losses.

9.2. EMPREGARE.com reserves the right, once the CANDIDATE has been found to be in breach of any obligations contained in these terms, to disable or even delete their access, registration and résumé from the website, without prejudice to the possibility of forwarding their registration and access data to the competent legal authorities, and this shall not be construed as impairing their privacy rights.

10. Right of ownership

10.1. The CANDIDATE acknowledges that all content (written, spoken, image and sound) exhibited in the EMPREGARE.com software is the property of the company itself or of client COMPANIES, is protected by the law governing copyrights, trademarks, patents and other intellectual property rights, and does not imply any assignment of rights or licenses beyond mere use in the context of the respective EMPREGARE.com website.

10.2. Except with express permission, the CANDIDATE is prohibited, under penalty of civil and criminal liability, for violations they commit against the rights of others:

(i) making partial or full reproductions over and beyond mere access to the intellectual works, content and information made available on the EMPREGARE.com website;

(ii) transmitting, distributing, disclosing or otherwise conveying the intellectual works, content and information made available on the EMPREGARE.com website to third parties;

(iii) using technical gimmicks to break passwords or the code of the EMPREGARE.com website in order to access and interpret its source code, as well as for translation into a different computer language, or to access the database; 

(iv) the electronic transmission of the EMPREGARE.com website or its contents from one computer to another over a network, not including in this restriction the mere use of the website.

10.3. Any interference, attempts or activity that breaches or infringes the law on intellectual property rights and/or the prohibitions stipulated herein will subject the party responsible to the appropriate legal measures.

10.4. Modification, assignment, distribution, reproduction, publication and licensing, free, onerous or otherwise, of the software to anyone in violation of copyright protection legislation is expressly prohibited.   Unauthorized issuance of copies of the software will imply applicable criminal penalties (Article 184 of the Criminal Code and Article 12 of Law No. 9.609/98), without prejudice to reparation through indemnity for losses and damages under civil law.

11. Image usage rights

11.1. The CANDIDATE warrants being aware that some companies, clients of EMPREGARE.com, may request the video presentation feature and other tests and, in this case, the CANDIDATE declares and authorizes the use of their recording and image exclusively for evaluation purposes for the selection processes applied for and in progress, and for as long as the CANDIDATE’s account is active on the website.

12. Responsibilities of EMPREGARE.com

12.1. Provide the CANDIDATE with use of the website free of charge for them to register their résumé, search for positions, take tests and track their applications.

12.2. If EMPREGARE.com ever decides to charge the CANDIDATE for access, it must give at least 60 (sixty) days’ notice for the CANDIDATE to decide whether or not to accept the new business model.

12.3. In the event of non-acceptance by the CANDIDATE of the new model, EMPREGARE.com may, without prior notice, disable those accounts that disagree.

13. General Provisions

13.1. EMPREGARE.com reserves the right to change the terms and conditions of these Terms of Use at any time, which will always be displayed to CANDIDATES accessing this document through the website.

13.2. Whenever there is a change, the new version will be available on the website, and it is the responsibility of the candidate to monitor the changes through the website.

13.3. If the CANDIDATE does not accept the new template, they will not be allowed to access their account and EMPREGARE will disable these accounts without prior notice, in accordance with Rule no. 2 described in item 7 of the Privacy Policy.

13.4. To the maximum extent permitted by applicable law, you, as a CANDIDATE, agree to exempt, defend, indemnify and hold harmless EMPREGARE.com from and against any claims, liabilities, damages, losses and expenses, including without limitation, resulting accounting and attorneys’ fees arising out of or in any way related to: (i) your violation of these Terms or our Policies or Rules, (ii) your misuse of the system; or (iii) your violation of any laws, regulations or rights of third parties, such as intellectual property or privacy rights.

14. Tolerance

14.1. Failure by either party to exercise their legal or contractual rights or prerogatives shall always constitute mere liberality, not constituting precedent for future non-compliance, nor alteration or extinction of contractually assumed obligations; it also does not characterize, under any circumstances, novation, transaction, compensation or remission, nor does it constitute cases of surrectio/suppressio, and such rights may be exercised at any time, at the convenience of their holder, including demanding overdue and unfulfilled obligations.

15. Jurisdiction

15.1. The parties elect the courts of the Judicial District of São Jose do Rio Preto, in the State of São Paulo as competent to resolve any conflicts originating from this agreement. with the waiver of any other, no matter how privileged.

15.2. And as the CANDIDATE is in full agreement, they manifest their acceptance by registering their information on the website.