Terms and Conditions of Talently

A. Terms and Conditions of the Talently Platform

Introduction

These Terms and Conditions are made available through our website talently.tech (hereinafter the "Platform"). They govern the legal relationships between Users and Talently Inc. and its affiliated companies (hereinafter "Talently") regarding the use of the Platform and the Services offered therein.

Before registering or accessing the Platform, you must read these Terms and Conditions carefully.

By accessing the Platform, the User acknowledges having read, understood, and accepted these Terms and Conditions in their entirety, as well as any subsequent modifications duly published. Talently reserves the right to modify these Terms and Conditions, in whole or in part, at any time. Modifications will become effective upon their publication on the Platform. Continued use of the Platform after such publication will constitute acceptance of the current terms.

1. Acceptance of the Terms and Conditions

By registering and using our Platform, you accept these Terms and Conditions in their entirety. If you do not agree with any of the provisions set forth herein, we ask that you do not use our services. Accessing the Platform implies full knowledge and acceptance of all conditions included in this document, as well as the complementary policies and notices available on talently.tech.

2. Definitions

  • Platform: The websites, applications, and tools operated by Talently.
  • Talent: A natural person who creates a professional profile, is evaluated, and participates in selection or assignment processes through Talently.
  • Client or Company: A natural or legal person who contracts Talently's Services or enters into an agreement with Talently.
  • Services: The service lines described in Section 4, including Talently Select and Talently Staffing.
  • TRS (Tech Recruiter Specialist): A specialized Talently recruiter assigned to an account or search, responsible for conducting the end-to-end process.
  • Commercial Proposal: A document defining the scope, roles, timelines, and specific fees agreed upon with a Client. It functions as an initial Statement of Work (SOW).
  • MSA (Master Service Agreement): The framework contract signed between the Client and the corresponding Talently entity.

3. Types of Users

The Platform is aimed at two main types of users:

  • Talent: Individuals looking for job opportunities or projects who create a professional profile, complete evaluations, and participate in processes through Talently.
  • Companies: Organizations that contract Talently's Services, receive evaluated candidates, manage selection processes, and access the information of the presented profiles.

Each type of user will have access to specific functionalities according to their profile and the contracted service.

4. Description of Services

Talently is a talent partner that combines a specialized recruiting team, a community of over 100,000 verified professionals in Latin America, and proprietary AI-powered evaluation technology. Our Services are organized into the following lines:

4.1 Platform and Talent Community

Access to the Platform to publish and manage positions, review profiles, consult evaluations, track the status of each process, and centralize associated documentation.

4.2 Talently Select — Recruitment and Selection

A service for finding, evaluating, and presenting candidates for positions that the Client will hire directly under their own payroll. This includes:

  • A dedicated TRS who manages the complete process: profile understanding, sourcing, screening, interview coordination, and support until closing.
  • Active search (hunting) within the Talently community and the open market, including posting on job boards when necessary.
  • Pre-evaluation and technical, English, and cultural fit validation through assessments, AI-assisted interviews, and manual review by the Talently team.
  • Access to the Platform to review candidates, evaluations, and process status.
  • A replacement guarantee, under the terms of Section 15.

Select fees are calculated as a percentage of the hired candidate's gross annual salary, under success, exclusive success, or retainer modalities, as defined in the corresponding Commercial Proposal.

4.3 Talently Staffing — Dedicated Teams

A service through which Talently assigns professionals who integrate into the Client's teams under a professional services model, with monthly billing per active professional. This includes:

  • Search, evaluation, and assignment of the professionals who will make up the team.
  • Comprehensive administrative management: hiring, payments, regulatory compliance in LATAM, onboarding, and continuous talent support.
  • Performance tracking, retention, and talent satisfaction monitoring by Talently, along with periodic check-ins with an account manager.
  • A replacement guarantee valid throughout the duration of the service.

Assigned professionals follow the technical guidelines of the Client's internal leadership, collaborating full-time Monday through Friday in alignment with the agreed operating hours.

4.4 Scope and Limits of the Service

The User expressly acknowledges that:

  • Talently does not guarantee obtaining a job, hiring a candidate, or a specific outcome in any selection process.
  • The final hiring decision belongs exclusively to the Client. Talently identifies, evaluates, and recommends; it does not decide.
  • In the Select line, Talently is not the employer of the hired candidate, nor does it assume any labor liability regarding the relationship between the Client and said person.
  • Talently reserves the right to reject positions that do not meet minimum market standards, involve discriminatory conditions, or contravene applicable legislation.
  • Talently may temporarily restrict access to the Platform for maintenance, repairs, or the deployment of new features, striving to restore service as soon as possible.

5. Information Registration

To use the Platform, the User must provide accurate, complete, and updated information, including personal and professional data and, where applicable, their resume (CV). Talently reserves the right to verify the authenticity of the provided information and to suspend or cancel accounts containing false, incomplete, or outdated data. The User is responsible for keeping their information updated and notifying any relevant changes through the enabled channels.

6. Use of Information

By registering on the Platform, you agree that your information, including your resume, professional profile, and evaluation results, may be shared with employers, recruiters, and other users of the Talently community for the sole purpose of facilitating recruitment processes, opportunity searches, and networking activities within the Platform.

When a Talent's profile is shared with a Client in an anonymized format, Talently will omit direct identification data until the Talent advances to a stage that requires disclosure.

Talently does not sell or transfer personal information to third parties outside the purposes described in this document. For further details on how your data is processed, please consult our Privacy Policy.

7. Personal Data Processing

Talently, in its capacity as the data controller, complies with the applicable regulations in each jurisdiction where it operates, including the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) and its Regulations in Mexico, and Law No. 29733 on Personal Data Protection and its Regulations in Peru.

7.3 Rights of the Data Subject (ARCO and equivalents)

The User may at any time exercise their rights of Access, Rectification, Cancellation, and Opposition (ARCO), as well as equivalent rights recognized in their jurisdiction, by sending a request to legal@talently.tech, indicating the right they wish to exercise and attaching an official ID. Talently will respond within the timeframes established by applicable regulations, and in the case of Mexico, within a maximum of 20 business days in accordance with the LFPDPPP.

7.4 Retention

Talently will retain Talent data as long as their account remains active and for the additional period necessary to meet legal, contractual, and warranty obligations. Talent may request the deletion of their profile at any time through the indicated channel.

8. Use of Artificial Intelligence and Automation

Talently uses artificial intelligence and automation technologies to improve user experience and optimize recruitment processes. This information is not shared, nor is voice and image recognition utilized.

8.1 Matching candidates with vacancies

The Platform uses AI algorithms to analyze the Talent's profile and suggest opportunities aligned with their skills, experience, and aspirations, and to help companies identify relevant profiles. This process is for guidance purposes and does not constitute a binding hiring decision.

8.2 Screening and automated filtering

Talently may perform automated analysis of received resumes and profiles to classify and prioritize them within a selection process. The User acknowledges that this process may influence their profile's visibility to companies. In all cases, final hiring decisions remain the exclusive responsibility of the employer company.

8.3 Technical and English evaluation

Profiles may be evaluated through technical tests, practical exercises, and English fluency validation. The results obtained are a reference within a broader evaluation process and are not exclusively determinant.

8.4 AI-assisted interviews

The Platform offers AI-assisted interviews as part of the evaluation process. By participating, the User expressly consents to the use of natural language processing technology and, where applicable, the recording, transcription, and audio or video analysis to generate evaluation reports that will be shared with the respective employer company and stored on the Platform.

The User may request information regarding the criteria used in the evaluation by writing to hello@talently.tech.

8.5 Human supervision

No profile is discarded from a process solely based on an automated result: profiles presented to a Client are reviewed by a TRS before submission, and the hiring decision always rests with the Client.

9. Cookie Policy

Talently uses strictly necessary cookies for the proper technical operation of the Platform. The purpose of these cookies is to keep the User's session active, remember basic configuration preferences, and ensure session security by preventing unauthorized access.

For more information or to manage your preferences, write to us at hello@talently.tech.

10. Confidentiality and Security

Talently is committed to protecting the confidentiality of its users' personal and professional information, implementing reasonable technical and organizational measures in accordance with industry standards. However, no data transmission system over the internet can guarantee absolute security, so Talently will not be liable for unauthorized access stemming from causes beyond its control. In the event of a security breach affecting User data, Talently will notify the situation in accordance with the timelines and mechanisms established by applicable regulations.

11. Responsibility and Acceptable Use

Companies are obliged to:

  • Use candidate information exclusively for their own selection processes, refraining from sharing, reselling, or transferring it to third parties.
  • Manage processes through the official channels agreed upon with Talently, ensuring the status of each candidate is correctly recorded.
  • Refrain from discriminatory practices in their selection processes.

Talently reserves the right to suspend or cancel accounts that breach these obligations, without prejudice to any legal actions that may arise.

12. Intellectual Property of the Platform

The Platform, its code, design, trademarks, evaluation models, and content are the property of Talently or its licensors. Access to the Platform does not grant the User any ownership rights over them. Massive data extraction, scraping, and reverse engineering of any Platform component are strictly prohibited.

13. Modifications to the Terms and Conditions

Talently reserves the right to modify or update these Terms and Conditions at any time. Any changes will be notified via a notice on the Platform or by email to the registered address, with at least 5 calendar days' notice prior to becoming effective, unless the modification is urgently required by law. Continued use of the Platform after the modifications take effect will constitute acceptance of the new terms. If the User does not agree, they must cease using the Platform and may request the cancellation of their account.

14. Applicable Law and Jurisdiction

The Platform operates globally and is committed to respecting international human rights regarding privacy and the protection of personal data. In the event of any controversy, dispute, or claim, the applicable law and jurisdiction will be determined according to the User's residence and the Talently entity providing the Services, as follows:

14.1 International Standards and General Jurisdiction

Talently aligns its practices with international privacy standards, ensuring that the processing of personal data is lawful, fair, transparent, and secure. For commercial and contractual matters not exclusively related to personal data, these Terms and Conditions shall be governed by the laws applicable to the domicile of the parent entity, Talently Inc. (or the corresponding contracting entity).

14.2 Application of Local Laws and Privacy Rights

Depending on your country of residence or where you access our Services from, the protection of your data will be governed by the following regulations, allowing you to exercise your rights before the corresponding local authorities:

  • In Mexico (ARCO Rights): The Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) applies. If you reside in Mexico, you have the fundamental right to exercise your ARCO Rights: Access your data, Rectify them if they are inaccurate, Cancel them when they are no longer necessary for the established purposes, and Object to their processing for specific purposes. Disputes related to these rights may be escalated to the National Institute for Transparency, Access to Information and Personal Data Protection (INAI).
  • In Peru: The Personal Data Protection Law (Law No. 29733) and its Regulations apply. Users residing in Peru are guaranteed the rights to information, access, update, inclusion, rectification, deletion or cancellation, and opposition. Any claim regarding data protection may be filed with the National Authority for Personal Data Protection (ANPD) in Peru.
  • In the European Union (EU) and United Kingdom (UK): If you are a resident of the European Economic Area or the United Kingdom, your information is governed by the General Data Protection Regulation (GDPR) and the UK GDPR, respectively. Under these laws, expanded rights apply, which include: the right to withdraw consent at any time, the right to data portability, the right to be forgotten (complete erasure), and the right not to be subject to automated decision-making (including profiling). Users may lodge complaints with the Data Protection Authority (DPA) of their member state or with the Information Commissioner's Office (ICO) in the UK.

14.3 How to Exercise Your Jurisdiction and Rights

To exercise any of the aforementioned rights according to your jurisdiction, the User must send a formal written request to our privacy team at the email address legal@talently.tech, clearly indicating their country of residence, the specific right they wish to exercise, and attaching an official ID to validate their identity. Talently will process the request in strict compliance with the legal deadlines of the jurisdiction applicable to the User.

B. General Conditions of the Services

15. Conditions Applicable to Talently Select

  • Hiring Notification: The Client is obliged to notify Talently as soon as they hire a candidate presented by Talently, indicating the agreed gross annual salary, which will serve as the basis for calculating fees.
  • Fees: Calculated as a percentage of the hired candidate's gross annual salary, in accordance with the modality agreed upon in the Commercial Proposal (success, exclusive success, retainer, or volume-tiered scheme). The fees cover all sourcing, evaluation, and selection services.
  • Payment Method and Terms: As established in the Commercial Proposal. In the absence of an explicit stipulation, payment shall be made via bank transfer within 10 business days following the candidate's acceptance of the offer.
  • Replacement Guarantee: If within the first 90 days from the start date the employment relationship ends due to resignation, underperformance, or lack of alignment, Talently will perform a replacement search for the same position at no additional cost. The guarantee applies solely to the original role, is neither interchangeable nor refundable, and is conditional upon the Client providing timely and continuous feedback during the process.
  • Deferred Hiring: If the Client hires a candidate presented by Talently within 12 months of their initial presentation—even if they were rejected at the time or the process was in another stage—the agreed economic conditions will apply.
  • Confidentiality and Non-circumvention: Candidates presented by Talently will be treated confidentially and may not be referred to third parties, group companies, or affiliates of the Client without prior agreement.

16. Conditions Applicable to Talently Staffing

  • Nature of the Service: Talently provides professional services through assigned professionals. No employment relationship is generated between the Client and the assigned professional.
  • Billing: Monthly per active professional, under the terms and deadlines defined in the Commercial Proposal and the MSA, including pro-rating of the first month and late payment penalties set forth therein.
  • Time Off and Holidays: The cost of the professional's time off and holidays is fully assumed by Talently and is included in the monthly fee; the Client does not pay for those days, and the corresponding month's invoice reflects the adjustment.
  • Replacement Guarantee: Valid throughout the entire duration of the service. The Client will not be billed for the vacant position during the transition period between a professional's departure and the onboarding of their replacement.
  • Early Termination: Applies when the Client terminates the service before the agreed term without respecting the agreed notice period, under the economic terms defined in the Proposal and the MSA. It does not apply to replacement requests under the guarantee.
  • Direct Hire (Buyout): If the Client directly hires an assigned professional, the buyout fee established in the Commercial Proposal will apply, differentiated based on whether more or fewer than 12 months have elapsed since their start date.
  • Intellectual Property: All work products, code, and deliverables created by the professional on the Client's projects are the exclusive property of the Client.

17. Limitation of Liability and Claims Period

Talently shall not be liable for indirect, incidental, or lost profit damages arising from the use of the Platform or the Services. Any action or claim must be initiated within a period of one (1) year from the event giving rise to it, except in cases of fraud or gross negligence.

18. Contact

Support: hello@talently.tech · Privacy: legal@talently.tech

By accepting these Terms and Conditions, you confirm that you have read, understood, and accepted all the provisions set forth herein.