Website Privacy Policy

Last updated: 02/03/2025

Statement

VariaCode Software, S.p.A. ("VARIACODE") and its subsidiary VariaCode INC. (USA) respects your privacy and is committed to protecting it in accordance with applicable laws and using generally-accepted industry practices. This Privacy Policy explains who we are, how we collect, share, and use personal information about you, and how you can exercise your privacy rights. For purposes of this Privacy Policy, "Personal Information" means any information that is available to VARIACODE and that is protected explicitly by the European Union General Data Protection Regulation of 2016 (the "EU GDPR"); the EU GDPR as saved into United Kingdom law by virtue of section 3 of the United Kingdom's European Union (Withdrawal) Act 2018 (the "UK GDPR"); and the California Consumer Protection Act ("CCPA"), to the extent applicable.

If you have any questions or concerns about VARIACODE's collection and use of your Personal Information, please contact us using the contact details provided. If, however, your questions or concerns are related to a VARIACODE customer's collection and use of your Personal Information, please contact that customer directly.

Consent

You agree to the terms and conditions contained in this Privacy Policy, and you expressly consent to the processing of your data in accordance with this Privacy Policy. If you do not agree to any of these terms and conditions, or approve of VARIACODE's data practices as explained herein, then you should immediately cease all use of our Services. To the fullest extent permitted by applicable law, you agree that any dispute over privacy or the terms contained in this Privacy Policy and Terms of Use, or any other agreement we have with you, will be governed by the laws of Chile.

(This does not apply if you are based in the European Economic Area ("EEA").)

Scope of this Policy

Our websites, products, and services are designed for businesses and their representatives. We do not offer products or services for use by individuals for their personal, family, or household purposes. Accordingly, we treat all Personal Information we collect as pertaining to individuals in their capacities as business representatives and not as individual consumers.

Our customers are the controllers of the Personal Information they collect through VARIACODE's Services to manage their own recruiting and onboarding processes (e.g., names, contact information, and other data collected as part of job applications), and each customer manages that Personal Information in accordance with its own privacy policies.

VARIACODE's privacy commitments to our customers are governed by a separate customer agreement that authorizes us to collect, process, and store Personal Information on their behalf as a processor under the EU GDPR and the UK GDPR and a service provider under the CCPA.

VARIACODE processes Personal Information relating to our customers' employees and job applicants within our Services only according to our customers' instructions (as defined in our customer agreements), and we have no direct relationship with the individuals whose Personal Information we process in connection with our customers' use of our Services. For example, if you apply to a job posted on a career page of a VARIACODE customer, your Personal Information will be automatically processed by VARIACODE on behalf of that customer.

However, the company you applied to is the data controller (or business, as that term is defined in the CCPA) with respect to your Personal Information, and you should contact that entity directly with any questions you may have regarding its privacy policies or data processing practices, or if you wish to modify or access your Personal Information, restrict its processing, or delete it from our Services.

VARIACODE is the controller of Personal Information that we collect directly from visitors to our marketing website, www.variacode.com (the "Website"); from our own job applicants; and from our customers and vendors to help us manage our business relationships with them. This Privacy Policy describes the type of Personal Information that VARIACODE collects; VARIACODE's policies around the use, disclosure, and retention of that Personal Information; and the choices available to you regarding your rights in relation to your Personal Information generally.

What Data We Collect

VARIACODE may collect the following information, including Personal Information from and about you:

• From your interaction with Sales, Marketing, and Customer Support: We collect Personal Information such as your name, company name, email address, phone number, and billing information when you request a demo of our Services or request sales information or customer service.
• Third-party sources: We may combine Personal Information we receive from you with personal information we obtain from other sources, such as:
  • Public Sources, such as government agencies, public records, social media platforms, and other publicly available sources.
  • Data providers, such as information services and data licensors that provide other information, such as your business contact information.
• Cookies, Scripts, and Related Technologies: When you visit our website, www.variacode.com, we and our third-party service providers receive Personal Information that you may have provided, such as your IP address. The technologies we may use to track your movements around our website include cookies, tracking scripts and pixels, and tagging technologies, which we may employ to understand your preferences, improve your experience on our website, etc. You can control the use of cookies at the individual browser level.

How We Use the Data

VARIACODE may use the information that we collect about you and from you, including Personal Information, for the following purposes:

• To provide, operate, improve, and customize our Website: We seek to improve your experience with our Website. As a result, we will analyze the data we collect about your use of the Website.
• To communicate with you: If you request more information about our services, we will contact you using the information you provide us. We may also send you information about products and services that may be of interest to you, with your prior opt-in consent where required by applicable law.
• To aggregate data: We may anonymize and/or aggregate data collected through our Website and create statistics that may be used for any purpose, provided that such statistics do not identify any customers or individuals or contain any Personal Information.
• To process your job application: If you apply to work at VARIACODE, we will use the Personal Information provided in the context of your application for the purposes of processing and evaluating the application.
• For marketing and advertising:
  • Direct marketing: We may send you direct marketing communications. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
  • Interest-based advertising: Our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) with the Service, our communications, and other online services over time and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Your choices section of our Cookie Notice.
• Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
• Protect our, your, or others' rights, privacy, safety, or property (including by making and defending legal claims);
• Audit our internal processes for compliance with legal and contractual requirements or our internal policies;
• Enforce the terms and conditions that govern the Service; and
• Prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.

Information Sharing and Disclosure

To the extent permitted by applicable law, VARIACODE may disclose your Personal Information in the following circumstances:

• Service Providers: We may engage our affiliates or third-party companies or individuals to support us in connection with the purposes listed above, such as to provide IT services, process payments, or contact users where an alert is triggered.
• Law Enforcement: It may be necessary by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence for VARIACODE to disclose your Personal Information. We may also disclose your Personal Information if we determine disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
• Business Transfer: We may share your Personal Information if VARIACODE engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of VARIACODE's assets, financing acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g., due diligence).
• SMS Messaging Services: We will not share your opt-in to an SMS short code campaign with a third party for purposes unrelated to supporting you in connection with that campaign. We may share your Personal Data with third parties that help us provide the messaging service, including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages.
• Affiliates: We may disclose the Personal Data to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Data will be subject to this Policy. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

We may also disclose your Personal Information with your prior informed consent. Service providers acting on our behalf are obliged to adhere to confidentiality requirements no less protective than those set forth herein and will only receive access to your Personal Information as necessary to perform their functions.

We may transfer Personal Information (including personal data about residents of the EEA) to our vendors, consultants, and other service providers who need access to such Personal Information to carry out work on our behalf.

VARIACODE will be liable for the processing of such Personal Information by a third-party service provider unless we can prove that we are not responsible for the event giving rise to the damages. We may also be required to disclose such Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Your Choices

• Opt-out of marketing communications: You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.
• Cookies: For information about cookies employed by the Service and how to control them, see our Cookie Notice.
• Mobile location data: You can disable our access to your device's precise geolocation in your mobile device settings.
• Do Not Track: Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals.
• Declining to provide information: We need to collect Personal Information to provide certain marketing materials or other information that you may want. If you do not provide the information we identify as required or mandatory, we may not be able to provide those materials or information.

How We Protect Your Data

We are committed to protecting the security of information received via the Online Services, including Personal Information. We provide reasonable and appropriate administrative, technical, and physical security controls to protect your Personal Information from unauthorized access, use, or disclosure. For example, we use secure socket layer technology (SSL) in connection with our Online Services. Despite our efforts, no security controls are 100% risk-free, and VARIACODE does not warrant or guarantee that your Personal Information will be secure in all circumstances.

• Information about children: Our Online Services are not intended for use or access by children or minors. VARIACODE does not knowingly collect or solicit information from anyone under the age of eighteen (18). If you believe VARIACODE has inadvertently collected information about a child under the age of eighteen (18), please contact us at security@variacode.com immediately using the contact information below.
• Changes to our Privacy Policy: VARIACODE may update this Privacy Policy from time to time in response to changing legal, technical, or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

You can see when this Privacy Policy was last updated by checking the "last updated" date displayed at the top of this Privacy Policy.

Contact

VARIACODE welcomes your comments, questions, and concerns regarding our Privacy Policy.

Please contact us at security@variacode.com or our mailing address below:

VariaCode Software, S.p.A.
Huerfanos 1160, Of 1102.
Santiago, Chile