These terms govern the recruitment service of Hilarios Software & Consulting S.A.S., CUIT 30-71820425-5, Córdoba, Argentina ("hiNext") for the companies that hire it ("the Client"). They apply together with the commercial proposal or service order agreed for each search; in case of conflict, the proposal prevails on commercial matters and these terms on everything else. By hiring a search, the Client accepts these terms.
1. Purpose of the service
hiNext sources, evaluates and presents candidates for the openings the Client defines. The service includes: posting the search on the agreed channels, receiving and evaluating applications with the support of artificial intelligence systems, the search's test when the Client requests it, communication with candidates and delivery of the suitable profiles. hiNext is not the candidates' employer, does not guarantee that a candidate will accept an offer and does not replace the hiring decision, which belongs exclusively to the Client.
2. Account and authorized users
The Client designates the people who access the platform and the shared profiles, and is responsible for their use. Credentials and profile links are for the Client's internal use; the Client gives immediate notice if they are compromised. hiNext may suspend any access it detects being misused, notifying the Client.
3. Client obligations
The Client undertakes to:
- 3.1 Describe the search with the real requirements of the role, without discriminatory criteria based on age, gender, origin, religion, disability, marital status or any other category protected in the jurisdiction of the opening.
- 3.2 Use the profiles received only for the search they belong to. Not forward them to third parties, not add them to its own databases for other purposes and not contact the candidate for a different opening without informing them.
- 3.3 Delete the profiles of candidates who were not hired no later than 12 months after receiving them, or earlier if hiNext notifies it that the candidate requested deletion.
- 3.4 Inform hiNext within 5 business days of hiring, directly or indirectly, a candidate presented by hiNext, during the search and for the 12 months following the presentation.
- 3.5 Comply with the employment, data protection and AI-in-hiring laws applicable where the opening is located.
- 3.6 Communicate the outcome to the candidates who reached an interview with the Client.
4. Personal data: roles and exchange rules
hiNext and the Client are independent data controllers. hiNext decides how it sources, evaluates and communicates with candidates until a profile is shared; the Client decides what it does with the profile from the moment it receives it. Neither acts as the other's processor. The exchange rules are:
| Rule | hiNext | Client |
|---|---|---|
| Information to the candidate | Publishes its Privacy Policy and informs the candidate of it when sourcing the profile | Informs the candidate of its own policy in the first direct communication |
| Legal basis | Legitimate interest in providing the service (GDPR) · Law No. 25,326 (Argentina) | Whichever applies to its hiring process in its jurisdiction |
| Candidate rights | Handles requests about data held by hiNext; forwards to the Client those that concern it | Handles requests about data it holds; forwards to hiNext those that concern it, within 5 business days |
| Security | Measures in section 10 of the Privacy Policy | Equivalent measures; access only for those involved in the hiring |
| Incidents | Notifies the Client within 48 hours if an incident affects shared profiles | Notifies hiNext within 48 hours if an incident affects profiles received |
| Transfers | Safeguards in section 11 of the Privacy Policy | If the Client is outside the candidate's country, it applies its own safeguards |
| Deletion | According to the periods in its Privacy Policy | After 12 months or upon request (section 3.3) |
Confidential searches. The Client may ask for its identity not to be disclosed in the posting. hiNext discloses it to the candidate before sharing their profile with the Client, because the candidate has the right to know who receives their data.
The Client's own candidates. These terms only cover candidates sourced by hiNext. If the Client wants hiNext to process its own candidates, a specific data processing agreement will be signed beforehand.
5. Artificial intelligence
hiNext uses its own artificial intelligence systems, built on models from external providers, to structure CVs, calculate a fit score against the search, evaluate the content of tests and assist in drafting emails. Sharing a profile with the Client is always decided by a person on the hiNext team. Before an application is discarded because of its score, it stays visible to a recruiter for several days, who can approve it. The first contact with candidates who exceed the minimum score may be automatic. The Client receives results (profiles, evaluations, recommendations), not access to the AI system.
hiNext undertakes to: not use biometric data or infer emotions from video or audio; not use protected categories (age, gender, nationality, photo) as a factor in the score; not use candidates' data to train models; and provide the Client, upon request, with a description of how the system works and its main criteria.
Through these terms hiNext informs the Client that all the evaluations it receives were prepared with the support of artificial intelligence and reviewed by a person. The Client is responsible for complying with the rules on the use of AI in hiring that apply where the opening is located, including, where applicable, informing candidates that AI was used in the process (for example, Illinois, California, Colorado or New York City in the US, and the European Union according to the AI Act timeline). hiNext cooperates by providing the necessary information.
6. Legal compliance and non-discrimination
Each party complies with the laws that apply to it. The Client is responsible for the legality of the job offer, the hiring conditions and any decision to hire or not. hiNext may reject or suspend a search whose requirements are discriminatory or illegal, without penalty, notifying the Client.
7. Fees and billing
Fees, payment terms and guarantee or replacement conditions are set in the commercial proposal for each search. Unless otherwise agreed: the success fee accrues on the date the candidate accepts the offer; it is invoiced on that date and payable within 15 days; late payment accrues the interest set in the proposal; hiring a presented candidate within the 12 months following the presentation accrues the fee even if the search is closed.
8. Confidentiality
Each party keeps the other's non-public information (searches, commercial terms, profiles, methodology) confidential during the relationship and for 3 years afterwards, and uses it only to perform these terms. Candidate profiles are confidential under the specific rules of section 4. Information that was already public or that the law requires to be disclosed is not confidential.
9. Intellectual property
The platform, the AI systems, the tests, the reports and the methodology belong to hiNext. The Client may use the reports and profiles for the search it hired. Job descriptions and the Client's brand belong to the Client; the Client authorizes hiNext to use them to post the search and, unless it prohibits it in writing, to mention it as a client.
10. Liability
hiNext is liable for direct damages caused by its breach, up to the amount of fees paid by the Client in the 12 months prior to the event. It is not liable for lost profits, indirect damages, the Client's hiring decisions or the accuracy of the information candidates declare. These limits do not apply to willful misconduct, to damages from breach of confidentiality or data protection, or where the law does not allow them to be limited.
11. Term and termination
These terms apply while there is an active search or shared profiles in force. Either party may terminate a search with 15 days' notice; fees accrued until then remain due. hiNext may terminate immediately if the Client breaches section 3 or 4. Sections 3.3, 3.4, 4, 7, 8, 9, 10 and 12 survive termination.
12. Governing law and jurisdiction
These terms are governed by the laws of the Argentine Republic. Any dispute is submitted to the ordinary courts of the city of Córdoba, Argentina, waiving any other jurisdiction. This does not affect the mandatory data protection or employment obligations of the country where the Client operates or the candidates' rights under those rules.
13. Changes
hiNext may update these terms with 30 days' notice by email. Changes do not affect searches in progress unless the Client accepts them. If the Client does not accept, it may terminate under section 11.
14. Contact
Hilarios Software & Consulting S.A.S. · CUIT 30-71820425-5 · Córdoba, Argentina · mail@hinext.io