Terms and Conditions of Testkokoro

These terms and conditions (hereinafter, the “Terms and Conditions”) regulate the access, navigation and use of the services offered by TESTKOKORO SPA (hereinafter, “Kokoro” or “TestKokoro”) through its website and its personnel selection platform (hereinafter, the “Services”).

Provider identification:

These Terms and Conditions apply to Users in all countries where TestKokoro provides services. They are governed by the applicable local legislation according to the User’s country of residence, in particular:

• Chile: Law 19.628 on Protection of Private Life and applicable regulations.
• Colombia: Law 1581 of 2012 on Personal Data Protection and complementary regulations. See Section 12 for specific provisions for Colombia.
• Other countries: applicable local legislation.

Exclusive commercial partner in Colombia: LEADERSEARCH S.A.S. (operator of elempleo.com), NIT 830.065.157-8, address Diagonal 44 No 68B-65, Bogotá D.C., Colombia.

The user of the Services (hereinafter, the “User” or the “Users”) declares that they have read, sufficiently understood and expressly accept the Terms and Conditions set forth below.

To accept these Terms and Conditions, the User must click on the checkbox that offers this option in the User interface with the phrase “I have read and accepted” or another equivalent that allows giving unequivocal consent.

TestKokoro will maintain a record (log) of the acceptance, including date, time, IP address, version of the accepted document and user, as proof of the consent granted.

If the User does not agree with the Terms and Conditions expressed in this document, they must refrain from using the Services.

Kokoro may modify in whole or in part these Terms and Conditions at any time, in which case it must inform the User of such changes by email and by publishing a consolidated text on the website.

The User may terminate their subscription if they do not agree with such modifications. For this purpose, they will have a period of 15 days counted from the date on which such modifications are notified, after which, if they continue using the Services, they will be deemed fully accepted.

For Users in Colombia: when substantial changes affect the purposes of personal data processing, express authorization will be requested again in accordance with Article 9 of Law 1581 of 2012, with a prior notice period of at least 10 business days.

The Services provided by Kokoro through its website and platform include, among others:

• Online psychometric and psychological tests
• Technical and transversal competency assessments
• Personality assessments
• Vocational tests
• Generation of individual and comparative evaluation reports
• Management of recruitment and selection processes
• Administration of databases of evaluated candidates
• Integrations with third-party platforms (according to Section 8)

The Services allow employer Users to evaluate candidates in different dimensions for personnel selection processes.

Important: the results of psychometric and personality tests may be classified as sensitive data under applicable legislation (Art. 5 Law 1581 of 2012 in Colombia). The processing of this data is governed by the Privacy Policy and, for Colombia, by the specific provisions of Section 12.

The User may access and browse the website, and consult information available about the Services offered by Kokoro without the need to register.

Notwithstanding the above, and depending on the type of user, the following access conditions are established:

The employer User is a natural or legal person who accesses the platform and uses the Services for the selection of candidate Users they wish to hire.

a) Companies in Chile: must enter into a contract directly with Kokoro, in which the functionalities of the contracted Services, the term, applicable fees and other specific conditions will be defined.

b) Companies in Colombia: will contract the Services through LeaderSearch S.A.S. (elempleo.com) as exclusive local partner, and will accept these Terms and Conditions upon first access to the platform. This acceptance configures the company as Data Controller of the processing of candidate data in accordance with Law 1581 of 2012, and TestKokoro as Data Processor (Section 12).

c) Companies in other countries: specific conditions according to the commercial agreement.

Once the contract has been executed (Chile) or these Terms have been accepted (Colombia and others), Kokoro will enable the employer User to access the platform and create the necessary accounts. Notwithstanding the foregoing, the use of the Services will be subject to the payment of the agreed fees.

The candidate User is a natural person who accesses the platform and uses the Services for the purpose of applying to a job offer published by an employer User.

For the candidate User to access the platform and participate in the recruitment and selection process, they will be assigned an account with a username and password.

Before taking any assessment, the candidate User must explicitly accept:

The use of the Services will not imply any cost for the candidate User, except in cases where, due to the nature of the contracted functionalities, specific charges must be applied, which will be previously informed.

It is the responsibility of the User:

• To provide truthful, complete and accurate contact information, and keep it updated
• To safeguard and protect their access credentials
• To immediately notify Kokoro of any unauthorized use of their account
• To comply with the obligations of their role under applicable legislation (see Section 12 for Colombia)

In the event that the registration information contains personal data, its collection, use and processing shall be subject to the provisions of the Privacy Policy.

Kokoro reserves the right to suspend an account at any time, restrict access and delete User information, without prior notice, in order to protect itself and its partners, suppliers, employees or other Users from any activity deemed fraudulent or suspicious.

Kokoro will never request data or information regarding your card or payment method via email or any other form of communication. The User must always access confidential information directly by logging into the website or platform, and never through a hyperlink in an email or any other type of communication.

For the purpose of facilitating access to their account, Kokoro may implement a technology that allows recognizing the User and granting direct access to their account without requiring them to re-enter any password or other user identification when re-entering the Services.

For the contracting of the Services by employer Users, payment of a monthly or annual fee (hereinafter, the “Fees”) is required.

• Chile: contracting and billing directly with TestKokoro SPA in local currency or USD according to agreement.

• Colombia: contracting and billing through LeaderSearch S.A.S. (elempleo.com). Payments shall be made in Colombian pesos in accordance with the Representative Market Rate (TRM) published by the Banco de la República.

• Other countries: according to specific agreement.

Kokoro reserves the right to offer different Fees depending on the specific functionalities contracted, and with different conditions and limitations, according to what is agreed in the respective contract.

Notwithstanding the foregoing, Kokoro reserves the right to provide certain products and offer certain services free of charge to employer Users, as a trial, for a limited period of time.

Payments made for the contracting of the Services by the employer User shall not be subject to changes, returns or refunds, except in cases expressly established by the applicable consumer law in the country of the employer User.

Kokoro’s Services —which include the website, the platform, the content, the associated software or any other feature or functionality of the Services— are provided “as is” and “as available”.

Kokoro does not represent, declare or guarantee the absolute availability and continuity of the Services, nor that the website and platform will operate free of errors or that they will be free of computer viruses or other harmful mechanisms. Kokoro expressly states that it assumes no liability whatsoever for the use of the Services, without prejudice to what may be established in any contract entered into with the employer User, and without prejudice to the minimum guarantees required by applicable local legislation.

To the maximum extent permitted by applicable laws, in no event shall Kokoro, its subsidiaries, shareholders, directors, executives or employees be liable for any damage including, but not limited to, direct and/or indirect damages, loss of profits or loss of opportunity resulting from the use or inability to use the Services.

Kokoro assumes no liability whatsoever for damages of any kind that may arise from the use of the Services and the content uploaded by Users, which are due to a lack of accuracy, truthfulness, timeliness or completeness of the information. This includes any damage or harm caused by the impersonation of a third party by a User.

In particular, Kokoro shall not be responsible for:

a) The improper use by Users of the Services, content, industrial property rights and intellectual property rights. The User agrees to hold Kokoro harmless from any action or claim arising from improper use of the Services.

b) Damages that may be caused to Users due to errors in the operation of search tools and technical elements of the Services.

c) Circumstances beyond Kokoro’s control that result in the website not being operational for a certain period of time. The parties acknowledge that both the website and the computational platform are not infallible, and in such cases efforts will be made to restore the Services as quickly as possible, in accordance with the SLA committed in the respective contracts.

d) Information of Kokoro or the Services found on sites other than www.testkokoro.com, https://app.testkokoro.com, or any other that does not belong to Kokoro.

e) Damages caused to the User by the improper use of the technologies made available to them, regardless of the manner in which such technologies are improperly used.

f) Hiring or selection decisions made by the employer User based on the evaluation reports generated by the platform. Final responsibility for hiring decisions lies exclusively with the employer User.

By using the Services, the User accepts receiving electronic communications sent by Kokoro in connection with the provision of the Services, such as registration confirmation emails, payment authorizations and others related to the account and Services.

The User accepts that any notice, agreement, notification, text message or instant message (WhatsApp or others) or other communication sent electronically shall be considered, for all legal purposes, as a written communication.

The User agrees to receive certain communications from us, such as news about new functionalities of the Services, special offers, promotions, promotional announcements, advertising and customer surveys via email or other means (the “Promotional Communications”). In any case, the User will always have the possibility to request the suspension of Promotional Communications.

For Users in Colombia: the receipt of Promotional Communications requires specific authorization and may be revoked at any time through the channels established in Section 12.

During the provision of the Services, the User may use services provided by third parties, such as video interview services, background checks, consulting services and headhunting services, among others (hereinafter, the “Third-party Services”), which are offered at an additional cost to the Fees and are integrated with the Services.

Kokoro is not responsible for Third-party Services, being the exclusive decision and responsibility of the employer User to contract such services.

These Third-party Services may, in the course of providing their services, collect information from Users and process their personal data independently of Kokoro, without Kokoro being responsible for such processing.

Kokoro is the owner of all intangible assets used when providing its services, including those protectable under Intellectual Property, Industrial Property law and applicable regulations in each jurisdiction. Thus, each of the assets used by Kokoro may be qualified as its own and original creations.

The Services are based on a combination of parameters that Kokoro has developed and created based on its experience in the industry and which, through specific calibrations, have allowed it to achieve the results required by its clients. Kokoro respects assets protected under third-party ownership.

It is expressly prohibited to reproduce, transfer, distribute or store, in whole or in part, the contents mentioned on this website without the prior written consent of Kokoro. Any unauthorized use of the aforementioned prohibitions shall constitute an infringement of Intellectual or Industrial Property Rights, as applicable.

Kokoro grants the User a limited, non-exclusive, non-transferable and revocable license to use the platform during the term of their contract or subscription.

Personal data of candidates and the User’s own data uploaded to the platform remain the property of the User or the Data Subject, as applicable. Kokoro acts as a technical service provider over such data, subject to the Privacy Policy.

Reports generated by the platform are the property of the employer User for the purposes of the selection process, subject to restrictions on the use of sensitive data established in the Privacy Policy and applicable legislation.

Both Parties —Kokoro and the User— agree to maintain in strict confidentiality:

a) Technical, commercial and operational information of the other Party
b) Personal data processed
c) Reports and generated results

This obligation shall remain in force for 5 years after the termination of access or service.

For Users residing in Chile, the use of the Services, the application of the Terms and Conditions, the Privacy Policy and the contracts entered into with the employer User are subject to and governed by the laws of the Republic of Chile.

Any controversy or dispute shall be submitted to the jurisdiction of the ordinary courts of justice of the commune of Santiago, Chile.

For Users residing in Colombia, these Terms are governed by the laws of the Republic of Colombia. Disputes shall be resolved through arbitration in accordance with the Rules of the Arbitration Center of the Chamber of Commerce of Bogotá D.C., consistent with the Master Agreement signed between TestKokoro SPA and LeaderSearch S.A.S.

Claims regarding the processing of personal data may be submitted before the Superintendence of Industry and Commerce (SIC) of Colombia.

The local legislation of the User’s country shall apply, supplemented by these Terms in all matters that do not conflict with it.

This section applies in a complementary and prevailing manner to Users residing in the Republic of Colombia.

Flow | Controller | Processor
Users from elempleo.com commercial channel | LeaderSearch S.A.S. | TestKokoro SPA
Candidates uploaded by B2B client company | Client company | TestKokoro SPA

By accepting these Terms, the employer User:

a) Declares to be the Controller of the processing of the data of the candidates uploaded to the platform

b) Guarantees having obtained from each candidate prior, express and informed authorization in accordance with Article 9 of Law 1581, including specific and separate authorization for sensitive data (psychometric results) in accordance with Article 6

c) Guarantees having informed the candidate of the applicable Data Processing Policy for the process

d) Undertakes to directly handle inquiries, complaints and requests from candidates as Data Subjects

e) Holds TestKokoro harmless against claims arising from lack of valid authorization

f) Complies with the legal response times for inquiries (10 business days) and complaints (15 business days)

g) Registers in the National Database Registry (RNBD) of the SIC when required by law

The User acknowledges and accepts that TestKokoro is a Chilean company and processes data in infrastructure that may be located outside Colombia. This international transfer is carried out under the Personal Data Transfer Agreement (Annex 4 of the Master Agreement) signed with LeaderSearch S.A.S. on December 29, 2025, in accordance with Articles 24 and 25 of Decree 1377 of 2013.

Subject | Channel
Data protection — main channel | protecciondatos@elempleo.com
Data protection — secondary channel | legales@testkokoro.com
Technical support | soporte@testkokoro.com
Supervisory authority | SIC — habeasdata@sic.gov.co

The full details of personal data processing under Law 1581 are set out in the Data Processing Policy available at:

Severability: If any of the provisions of these Terms and Conditions is declared null, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

No waiver of rights: The inactivity on the part of Kokoro and/or its partners in exercising any right or action arising from these Terms and Conditions shall in no case be interpreted as a waiver of such rights or actions.

Maintenance: The Services or their associated functionalities may be interrupted from time to time for the purpose of carrying out maintenance or scheduled updates, for emergency repairs, or due to telecommunications connection and/or equipment failures. In such cases, Kokoro shall be entitled to remove any content from the Services, for any reason, without prior notice, and in accordance with the SLA contractually committed.

Assignment: The User may not assign their rights and obligations under these Terms without prior written authorization from Kokoro.

Entire agreement: These Terms and Conditions, together with the Privacy Policy and the specific commercial agreements, constitute the entire agreement between the Parties regarding the use of the Services.

Language: These Terms are originally drafted in Spanish. Any translation is for reference purposes only; in the event of any discrepancy, the Spanish version shall prevail.

TESTKOKORO SPA - Legal channel: legales@testkokoro.com - Support: soporte@testkokoro.com - Website: https://www.testkokoro.com

LeaderSearch S.A.S. (exclusive partner Colombia) - Data protection: protecciondatos@elempleo.com - Phone: 601 294 0100 ext. 2012