TERMS AND CONDITIONS OF USE - PLATFORM
DATTA

BACKGROUND AND ACCEPTANCE

These Terms and Conditions (hereinafter, the "Terms") govern access to and use of the DATTA digital platform, https://www.dattainc.com/ (hereinafter, the "Platform"), operated by DATTA SpA. Registration and use of the Platform implies full acceptance of these Terms. In accordance with Article 12 A of Law No. 19,496, the user declares having had clear, comprehensible and unequivocal access to these conditions prior to contracting.

DEFINITIONS

• User: Any natural or legal person who accesses the Platform.
• IT Professional (Talent): Natural person who offers their professional services in information technologies through the Platform.
• Company (USER): Legal person that uses the Platform to search for and hire IT Professional services.
• Service: The digital intermediation provided by DATTA to connect IT Professionals with Companies.

SERVICE DESCRIPTION AND DATTA'S ROLE

DATTA acts as a technological intermediation platform. Its main function is to facilitate the meeting between supply and demand of IT services. DATTA is not the employer of IT Professionals nor guarantees final hiring by Companies, unless expressly stipulated otherwise in a managed services contract.

USER REGISTRATION AND ACCOUNT

To use the services, the User must register by providing truthful, complete and updated information. The User is responsible for the confidentiality of their access credentials. DATTA reserves the right to verify user identity and truthfulness of professional background, being able to suspend accounts that violate these rules.

FEES AND PAYMENTS

The fee model (success commissions, subscriptions or publication fees) will be informed clearly, prominently and prior to any payment, complying with price information requirements of Article 30 of Law No. 19,496. DATTA reserves the right to modify its fees, notifying users 30 days in advance.

RIGHT OF WITHDRAWAL

In accordance with Article 3 bis letter b) of Law No. 19,496, DATTA expressly declares that, in the case of intermediation services whose execution begins immediately with access to the Platform's database and tools, the right of withdrawal will not apply. The User declares knowing and accepting this exclusion before contracting the service.

INTELLECTUAL PROPERTY

All content on the Platform (software, algorithms, designs, trademarks) is exclusive property of DATTA SpA or its licensors. The User retains intellectual property over content they upload to their profile (CV, portfolio), granting DATTA a non-exclusive, worldwide and free license to use such content solely for the purpose of providing the Service.

DATA OWNERSHIP, ROLES AND LICENSING

RECOGNITION OF THE THREE-PARTY RELATIONSHIP
The Parties acknowledge that the operation of the DATTA Platform is based on a three-party legal ecosystem, each with specific rights and obligations over information:
1. DATTA (The Platform): Provider of technological infrastructure and Responsible for the global talent repository.
2. THE CANDIDATE (Data Owner): Natural person who voluntarily creates their profile and maintains a direct contractual relationship with DATTA, granting visibility consents.
3. THE CLIENT (The Company): User who accesses information for recruitment purposes and generates new private information about such process.
CANDIDATE OWNERSHIP AND PLATFORM ROLE
The CLIENT acknowledges that Candidate profiles ("Global Profile") are not owned by the CLIENT nor constitute an exclusively sold database. The treatment of this data is governed by the following principles:
1. Data origin: The Global Profile is generated and managed directly by the Candidate under DATTA's User Terms and Conditions.
2. Access license: The CLIENT does not "purchase" the Candidate's data, but rather acquires a right of access and visualization limited to the recruitment purpose, supported by the prior consent that the Candidate granted to DATTA.
3. Uniqueness: The Candidate maintains a single profile in the ecosystem. Updates that the Candidate makes to their profile will be reflected in real-time for all authorized users, without the CLIENT being able to prevent such modifications to the Global Profile.
EXCLUSIVE CLIENT PROPERTY (PROCESS INFORMATION)

Notwithstanding the foregoing, DATTA acknowledges that the CLIENT is the exclusive owner and Data Controller of all information that the CLIENT generates or adds regarding the Candidate's profile ("Process Information"). This information is confidential and will not be visible to the Candidate or to other companies.

USE OF AGGREGATED DATA BY DATTA

The CLIENT accepts that DATTA, by virtue of its direct relationship with Candidates and its ownership of the technology, may use the information contained in the Platform for:

1. Training Artificial Intelligence algorithms and improving the matching between supply and demand.
2. Generating market statistics, salary benchmarks and talent trend analysis.

Such use will always be carried out on anonymized or dissociated data, or under the express consent of the Candidate, ensuring that Process Information (property of the CLIENT) is never revealed to competing third parties.

LEGAL QUALIFICATION OF RESPONSIBILITIES (LAW 19,628)
For the purposes of data protection regulations, the parties agree to the following distribution of roles:
1. DATTA as Controller: Is the sole responsible for custody, security and legality of the "Global Profile" of Candidates and for obtaining the necessary consents for these to be visible on the Platform.
2. CLIENT as Independent Controller: Acts as Data Controller with respect to "Process Information" and any subsequent use it makes of Candidate data outside the Platform.
3. Absence of Joint Liability: The parties act as independent controllers and not as joint controllers. The CLIENT exonerates DATTA from any liability arising from improper, discriminatory or illegal use that the CLIENT makes of Candidate information accessed through the service.

LIMITATION OF LIABILITY

DATTA will make its best efforts to maintain Platform availability. However, in accordance with applicable law and jurisprudence, the following limitations are established:

• DATTA is not responsible for service interruptions caused by acts of God or force majeure.
• DATTA does not guarantee the suitability, reliability or accuracy of information provided by third parties (Companies or Professionals), although it will implement reporting and validation mechanisms.
• DATTA is not responsible for contractual, labor or civil relationships that are perfected directly between the IT Professional and the Company outside the Platform, except in payroll management services where DATTA acts as a payment intermediary.

Notwithstanding the foregoing, DATTA will be liable for direct damages caused by its own gross negligence or willful misconduct in providing the intermediation service.

LINKS TO THIRD PARTIES

The Platform may contain links to third-party websites. DATTA does not control and assumes no responsibility for the content, privacy policies or practices of such sites. Access to them is at the exclusive risk of the User.

MODIFICATIONS TO THE TERMS

DATTA may modify these Terms. Substantial modifications will be notified to the User. Continued use of the Platform after notification constitutes acceptance of the new terms. Clauses permitting arbitrary unilateral modification without notice are prohibited, in accordance with applicable regulations.

APPLICABLE LAW AND JURISDICTION

These Terms are governed by Chilean law. For any dispute, the parties submit to the jurisdiction of the ordinary courts of justice of the Santiago municipality, without prejudice to the rights of the consumer to go to the competent court of their domicile.