GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICE

SAMPLE - Test platform

These General Terms and Conditions of Use (hereinafter the “Terms and Conditions of Use” or “GTCU”) govern the relationship between the company SAMPLE - Test platform (hereinafter the “Evaluator”), on the one hand, and Users, on the other. Furthermore, since rules are necessary to ensure that the Services are used clearly and without risk, these GTCU also set out the rights and responsibilities associated with the platform and Services offered by EASYRECRUE, as the producer of the Services. These GTCU therefore form a tripartite contractual relationship between the User, the Evaluator and EASYRECRUE.

Definitions

The terms below will have the following meanings between the parties:

• “Evaluator(s)”: any natural person or legal entity wishing to use the service for the needs of their business, including but not limited to any recruiter, manager or evaluator. The Evaluator will be viewed as instigating the use of the Service;
• “User(s)”: any natural person invited by the Evaluator to use the Service, including but not limited to any applicant, student or employee;
• “EASYRECRUE”: producer of the Services offered on its online platform, acting in the capacity of a technical intermediary;
• “Party / Parties”: means the Evaluator, User and EASYRECRUE together;
• “Service(s)”: the service offered by EASYRECRUE.

Enforceability

The Evaluator and the User may only use the services offered by EASYRECRUE subject to acceptance of these Terms and Conditions of Use, with which they undertake to comply unreservedly.

EASYRECRUE reserves the right to make any changes it considers necessary and useful to these Terms and Conditions of Use. It will use its best endeavours to inform the Evaluator and the User of both the existence and effective date of any new Terms and Conditions of Use by any means available to it (emails, online information, etc.).

Term

These Terms and Conditions of Use shall apply throughout the period of use of the service by the Evaluator and the User.

Presentation of Services

EASYRECRUE offers the following Services:

1/ Pre-recorded video interview

• The Evaluator drafts recruitment questionnaires and invites Users to record their responses on video in order to evaluate them.
• The User can access the Evaluator’s questions once invited to do so or by accessing the Service through a public web link.
• The User can be given a set amount of time or not for each question, at the Evaluator’s discretion, to prepare their answer and then respond to the questions once only, in the order of their choice or an order determined by the Evaluator. They are not allowed to start their recording again, in order to preserve the spontaneous nature of their answers.
• If the test is interrupted by the User, in the case of the addition of a limited time to complete the test, the time will continue to run. The User may still return to the test at a later time and will be notified of the amount of time remaining if it has not run out.
• The User may end the test offered by the Evaluator at any time without having answered all the questions, however they will not be able to return and complete it.
• The User is not allowed to view their responses prior to the video being forwarded to the Evaluator for evaluation.

2/ TEST BUILDER

• The Evaluator drafts recruitment questionnaires and invites Users to:
  • record their responses on video in order to evaluate them;
  • take part in recruitment tests created specifically for one or more particular use cases specific to the Evaluator or the vacancy to be filled;
  • take part in student selection tests for training courses;
  • take part in aptitude tests created by the Evaluator;
  • take part in skills tests to check the User’s level in a particular area of activity and, for example, plan a training programme for them, or for other purposes;
  • take part in skills tests used after a training course to check the effectiveness of the training and the User’s level of understanding.
• The User can access the Evaluator’s questions once they have been invited to do so or by accessing the Service through a public web link.
• The User can be given a set amount of time or not for each question, at the Evaluator’s discretion, to prepare their answer and then respond to the questions once only, in the order of their choice or an order determined by the Evaluator.
• The User can be sent documentation imported by the Evaluator to help the User formulate their answer; the User may also be asked to download documents from the Service to complete one or more answers.
• If the test is interrupted by the User, in the case of the addition of a limited time to complete the test, the time will continue to run. The User may still return to the test at a later time and will be notified of the amount of time remaining if it has not run out.

3/ EASYSPEAKING

• The Evaluator drafts questionnaires and invites Users to take language tests.
• The User can access the Evaluator’s questions once they have been invited to do so or by accessing the Service through a public web link.
• The User can be given a set amount of time or not for each question, at the Evaluator’s discretion, to prepare their answer and then respond to the questions once only, in the order of their choice or an order determined by the Evaluator, without being able to restart recording, to maintain the spontaneous nature of their responses.
• The User may end the evaluation offered by the Evaluator at any time without having answered all the questions, however they will not be able to return and complete it.
• The User is not allowed to view their responses prior to the video being forwarded to the Evaluator for assessment.
• EASYRECRUE uses a subcontractor, hereinafter called the “Language Assessor” to assess the User’s language level based on a standard framework.

4/ PLANNER

The Planner tool is used to schedule an interview between one or more User(s) and one or more Evaluator(s).

• The Evaluator connects their work calendar to manage their availabilities and allow Users to make appointments.
• The User can access a personalised page where they can select a slot for an interview with the Evaluator once they have been invited to do so or by accessing the Service through a public link;
• Appointments are managed by email and text message to handle slot reservations, confirmation of the interview, any change or cancellation and automated reminders;
• The Planner tool automatically updates the Evaluator’s work calendar as soon as appointments are confirmed;
• The User can contact the Evaluator via the Planner tool or via emails received from them;
• Both the Evaluator and the User can reschedule or cancel an interview or invitation;
• If someone does not attend their interview, the Planner tool can send Users an automated reminder and, if necessary, reschedule it.

5/ LIVE

The Evaluator and the User can carry out a live, face-to-face video interview using the LIVE tool.

• Access to a secured platform;
• Both the Evaluator and the User have access to a space where they can share documents during the live interview;
• The Evaluator can therefore assess an application in real time using the LIVE tool.

6/ BOT

Users, Evaluators and any visitor the Site can use the online chatbot service.

By accessing the Bot, Users who are looking for a job can:

• identify the vacancies available and select any that they think are relevant to them.
• The User will be invited to accept the GTCU and the Data Protection Policy;
• The User can apply for their chosen vacancy by uploading their CV via the chatbot platform or respond manually to various questions if they do not wish to upload their CV;
• The data entered are analysed and the applicant will be asked to confirm their last name, first name, email address and phone number to confirm their application;
• Once their information has been confirmed, the User’s application will be forwarded to the Evaluator concerned, who will receive all the information provided by the User (CV or information entered manually);
• The User may also respond to questions set by the Evaluator, if necessary. Some responses to these questions may be classed as critical for the continuation of the recruitment process or for HR management purposes.

Conditions of access to and use of the Service

In order to use the Service, the User must have reached the statutory age of majority and/or have the capacity to enter into a contract as defined in law, and have accepted these General Terms and Conditions of Use unreservedly.

Use of the Service requires the User to register in advance by completing the registration form, which is accessible online on the site. By completing this form, the User confirms that they are familiar with these General Terms and Conditions of Use and agrees to adhere to them unreservedly.

The User undertakes to:

• register under their real name, with a valid email address;
• inform the Service immediately in the event of improper use of their account or any other security breach.

EASYRECRUE cannot be held liable, under any circumstances, for any loss or damage related to a keying error by the User.

By completing the registration form, the User warrants to EASYRECRUE that they have provided accurate, up-to-date and complete information regarding their identity and contact details. In particular, they undertake to provide a valid email address, which they own.

In general terms, the User undertakes, in respect of using the Service, not to engage in actions such as issuing, publishing, posting online or disseminating data and/or content that may be illegal or likely to undermine public order or infringe the rights of EASYRECRUE or third-party rights holders.

In particular, the User undertakes to comply with rules including but not limited to the following when using the Service: provide accurate information when registering for and using the Service; not to use a fake identity for the purpose of deceiving another person; comply with the laws in effect and respect the rights of third parties, as well as these contractual stipulations; use the Service fairly and in accordance with the legal and regulatory provisions in effect and normal practice; respect the intellectual property rights pertaining to the content provided by EASYRECRUE and by other Users, and the intellectual property rights of third parties; as a consequence, all Users undertake not to reproduce and/or communicate single or multiple items of content via the Service to the public, without the authorisation of the holders of the rights to said content, where required; not to divert or attempt to divert any of the functionalities of the Service away from its normal use, as defined in these General Terms and Conditions of Use; not to use robot software or any other equivalent automated process or tool to browse the site; undertake only to communicate to EASYRECRUE and to other Users information, the dissemination of which they deem unable to cause harm either to themselves, other Users, EASYRECRUE or third parties; not to disseminate data, information or content that is defamatory, abusive, obscene, offensive, violent or likely to incite violence, or that is political, racist or xenophobic in nature and in general terms, any content that may be contrary to the laws and regulations in effect or to high moral standards; not to disseminate data, information or content, the effect of which is to diminish, disorganise or prevent normal use of the Service, or to interrupt and/or slow down the normal circulation of communications between Users.

In the event of a breach of one or more of these rules by the User, EASYRECRUE reserves the right to suspend and/or block the account(s) of the User(s) concerned, automatically delete the contentious messages, prevent the publication of their profile in full or in part, and/or block their access to the Service in full or in part, temporarily or permanently, and without consideration of any kind.

Access to the Service

EASYRECRUE does its utmost to ensure access to the Service 24 hours a day, seven days a week, except in the case of force majeure or events outside the control of EASYRECRUE, and subject to any breakdowns and any maintenance operations necessary for the proper functioning of the site and services.

As a consequence, EASYRECRUE cannot guarantee the availability of the Service, the reliability of transmission or the level of performance in terms of response time or quality.

The User and the Evaluator are expected to take all the necessary measures to protect their own data and software, especially against potential viruses circulating via the Service.

The equipment required to access the Service must be provided exclusively at the User’s and the Evaluator’s expenses, including the telecommunication costs incurred by using it.

The User and the Evaluator are able to access the functionalities of the Service using a user name and public and private keys.

User names and public and private keys are personal and confidential. They may only be used by the User and the Evaluator. The User and the Evaluator have sole responsibility for the use of their user name and public and private keys.

All hardware and software necessary for access to and use of the Service must be provided by the User and the Evaluator, and at their sole expenses. The User and the Evaluator must take all appropriate measures to protect their own data, computer systems and/or software from contamination by potential viruses.

The use of information, messages or data of any kind, available through the Service, falls under the sole responsibility of the User and the Evaluator.

The User and the Evaluator are responsible for all data and information concerning them that they have published online and for any content they have provided.

The User and the Evaluator undertake to use only the public and private keys issued to them. Any attempt to access the Service using public and private keys other than those issued to them shall be viewed as a cyberattack covered by the laws in effect.

In the event of repeated attempts by the User or the Evaluator to access the Service and its functionalities, using public and private keys other than those issued to them, EASYRECRUE reserves the right to ban the User or the Evaluator from accessing the Service.

Intellectual property - Image right

EASYRECRUE rights

The Service and its constituent texts, trademarks, graphs, images, audio and video elements are the property of third-party rights holders and/or EASYRECRUE. Any representation and/or reproduction and/or use of the content and services offered, either wholly or in part, by any means whatsoever, without prior written consent from the third-party rights holders and/or EASYRECRUE, is strictly prohibited and is likely to constitute a breach of copyright as defined in Articles L 335-2 et seq. of the French Intellectual Property Code.

Users of the Service are granted permission to view the content of the site on a personal and private basis. Printing on paper is authorised solely for making a private copy for the exclusive use of the maker, as defined in Article L.122-5-2 of the French Intellectual Property Code.

EASYRECRUE or third-party rights holders are the owners of the Service, in terms of its technical, graphic, textual or other components, except for content provided by Users themselves, advertising or applications provided by third parties.

EASYRECRUE or third-party rights holders are therefore the sole holders of all the intellectual property rights pertaining to the Service, its content and the software and databases required for it to function.

EASYRECRUE grants the User and the Evaluator a non-exclusive, personal and non-transferable licence, authorising it to use the Service and the data it contains on a strictly personal basis, in accordance with these Terms and Conditions of Use and in particular, in accordance with the purpose of the Service.

In order to enable the use and improvement of the Service and in accordance with the purpose of the Service, the User and the Evaluator grant EASYRECRUE a non-exclusive licence to use their image and the content and data they enter and/or publish online via the Service. By publishing their image, data, information and/or content on the Service, the User and the Evaluator accept that they may be disseminated on said Service and made accessible to the Users and Evaluators concerned.

EASYRECRUE is authorised to adapt and translate Users and Evaluators’ contents and to reproduce said adaptations on any current or future digital medium, stipulated above, for the purpose of providing the Service, in particular in different languages.

This licence is granted worldwide, for the term of the contract binding the User and the Evaluator to EASYRECRUE.

Third-party rights

These Terms and Conditions of Use do not imply any transfer to the User of the Service of any kind of intellectual property rights pertaining to elements belonging to third parties, including but not limited to Evaluators, who are customers of EASYRECRUE.

The systems, software, structures, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.), including but not limited to Questionnaires and their associated documents, created by Evaluators and used by EASYRECRUE within the Service are protected by all intellectual property rights or database producer rights in effect. Any disassembly, decompiling, decryption, extraction, reuse, copies and more generally, any reproduction, representation, dissemination or use of any of these elements, in whole or in part, without the authorisation of the third-party rights holder, except as provided for in this agreement, are strictly prohibited and may result in legal action being taken.

Any reproduction and/or representation, in whole or in part, of any of these elements, without the express authorisation of the third-party rights holder, is prohibited and would constitute a forgery, punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.

Hypertext links

The Service contains hypertext links to other sites. EASYRECRUE cannot, however, verify the content of other sites visited, and as a consequence assumes no responsibility for such visits.

EASYRECRUE’s responsability

EASYRECRUE’s responsibility for all of its Services is an obligation to use its best endeavours, rather than to achieve a specific result. The Services constitute a technical service provided in its role as an intermediary. Under no circumstances may EASYRECRUE or third-party rights holders be held liable in the event of an interruption of access to the Service as a result of maintenance operations, updates or technical improvements, or to amend the content and/or presentation of the Service, on the understanding that said interruptions are announced and fall within normal practice in this respect.

Furthermore, EASYRECRUE may interrupt access to the Service either temporarily or permanently, in particular if it ceases to engage in the activity concerned, or if EASYRECRUE is wound up, either amicably or by the courts.

Under no circumstances does the information provided by the Services to Evaluators constitute 100% automated recommendations.

EASYRECRUEs liability will be limited to objective, direct and proven harm, to the full extent allowed by the applicable law and to the extent that EASYRECRUE is found liable for any harm not provided for above.

The final decision on the next step for the User of the Service belongs solely to the Evaluator; the Services are purely decision-making tools and must not be considered otherwise.

Accordingly, EASYRECRUE cannot be held liable for the final decisions taken by the Evaluator following the use of the Services.

Moreover, EASYRECRUE is solely a third party in the relationship between the Evaluator and the User, its role as a Platform and intermediary being limited exclusively to putting Evaluators and Users in touch with each other and ensuring the smooth technical operation of the Services made available to them.

EASYRECRUE may not be held criminally or contractually liable for situations resulting from an incident of force majeure, unforeseen circumstances, the acts of third parties or a victim of harm.

Moreover, EASYRECRUE cannot be held liable in the event of failure to comply with local regulations by an Evaluator or User.

Changes to the Service and guarantees

EASYRECRUE or third-party rights holders reserve the right to amend the Service, either wholly or in part, at any time, as the platform develops.

EASYRECRUE will strive to ensure the Service maintains the same level of functionality as a minimum, and undertakes to use its best endeavours to do so. EASYRECRUE cannot be held liable for any direct or indirect harm relating to the loss of information or data, or work-related income, on any basis whatsoever.

Termination

EASYRECRUE or third-party beneficiaries may terminate access to the Service as of right, in the event of non-compliance with these Terms and Conditions of Use by the Evaluator or User. In this case, EASYRECRUE will notify the person concerned of the suspension by email, and will issue them with a formal notice to desist. If said notification has gone unheeded after eight (8) days, EASYRECRUE may terminate the contract as of right, without any formalities and subject to any damages it may claim in compensation for the harm suffered by it, resulting from the cause of the situation (failure by the Party in default).

Applicable law

These GTCU and the Data Protection Policy represent the entire agreement between EASYRECRUE and the Evaluator and User and define the terms for the use of the Service. This agreement shall prevail over any previous agreement between EASYRECRUE and the Parties.

Should one of these terms and conditions be deemed null and void or invalid, the Parties nonetheless agree that the contested clause shall be interpreted on the basis of the Parties’ common intent; the fact that a clause is found to be null and void shall not affect the validity of any other clause in the contract.

The conclusion, interpretation and validity of these Terms and Conditions of Use is governed by French law.

Any dispute arising over their interpretation, amendment or performance shall, if it not possible to reach an amicable agreement, fall under the exclusive jurisdiction of the French courts.

For any questions related to these Terms and Conditions of Use of the site, please email us at contact@easyrecrue.com.

Privacy and Management of Personal Data Policy

SAMPLE - Test platform

The purpose of this policy is to inform you about how we collect, use and share your personal data when you use our Services.

1. Cookies

A cookie is a small file that records information about a device that is used to browse a website but cannot be used to identify the User.

The cookies that we place on your device are strictly necessary for the basic operation of our website and are not used for any other purpose.

2. Information collected and processed

2.1 Data collected by EASYRECRUE for SAMPLE - Test platform

The personal information we collect is subject to electronic processing managed by SAMPLE - Test platform acting as the controller, and carried out by EASYRECRUE acting as a processor for the provision of all functionalities offered in relation to the Service (pre-recorded video interview, and/or Bot, and/or Smart Ranking, and/or Live, and/or EASYSPEAKING language tests, and/or Planner, etc.).

These data are processed for the following purposes:

• Carry out the video interview and transfer the recording to the Evaluator for assessment purposes, on the legal basis of the performance of these Terms and Conditions of Use.
• Carry out a live video interview between the Evaluator and the User to assess the application in real time, on the legal basis of the performance of these Terms and Conditions of Use.
• Assess Users’ level of language skills, on the legal basis of the performance of these Terms and Conditions of Use.
• To offer Users a chatbot so that they can (i) identify available vacancies, (ii) submit an application by uploading their CV and/or respond to specific questions prepared by Evaluators.
• The Evaluator may view certain responses as necessary for recruitment purposes or the HR process and these answers may therefore be automatically classed as critical. Users are informed, via the Bot, when their application is blocked following a response that is automatically classed as critical. In this case, the User has the right to request personal contact with the Evaluator, to explain their point of view and contest the decision, which they can exercise here.
• Enable interviews or face-to-face assessments between the User and the Evaluator to be scheduled automatically.

2.2 Categories of data collected and processed

EASYRECRUE, in its capacity as the Evaluator’s processor, deals essentially with the following categories of personal data about you :

1. Identification information: last name, first name, email and phone number. These data may have been previously collected by the Evaluator and transferred to EASYRECRUE in its capacity as the processor, or may have been collected directly by EASYRECRUE. They are used to identify you, send you invitations by email or text message to record an interview or take a test, schedule an interview and contact you by email, bot (chat) and/or phone (to help you record your video interview, follow up your application or deliver the results of your language test).

2. Data about your professional situation: CV, covering letter, etc. These data are used to provide additional information about your application. They may be collected by the Evaluator, or by EASYRECRUE, acting as the processor, which then transfers them to the Evaluator, as the controller.

3. Data about tests and interviews: video interviews and written answers to Evaluators’ questions. Your data are processed for the purpose of examining your application or assessing your linguistic proficiency.

3. Recipients of personal information and retention period

3.1 The recipients of your data are:

1. The Evaluators at SAMPLE - Test platform to whom you apply or send your profile, or the HR team that has asked you to take the test, acting as the controller.
2. The EASYRECRUE team, acting as a processor:
1. Technical manager: in the case of a technical or product emergency
2. Customer service manager: in the case of a request from the controller
3. User support manager: in the case of technical issues with your IT equipment, to provide you with assistance
3. Language test assessors (the Language Assessor): Intercountry. In the case of EASYSPEAKING tests, the Language Assessor can only see your videos and written answers.
4. The following external service providers :
1. Statistical analysis provider: Hubspot and Google Analytics (Etats-unis – United States – has signed the EU’s Standard Contractual Clauses)
2. Host: OVH (France)
3. Extraction from audio files and conversion to text: Google Cloud (United States – has signed the EU’s Standard Contractual Clauses)
4. Statistical, browsing behaviour and product use analysis: Amplitude, Salesmachine and Tableau Software (United States – has signed the EU’s Standard Contractual Clauses)
5. Video invitation mailing provider: Sendgrid & Vonage (United States – has signed the EU’s Standard Contractual Clauses)
6. Customer and User support: Outsourcia (France, Maroc and Madagascar – signature of a GDPR schedule)
7. Customer and User support ticket management provider: Zendesk (United States – has signed the EU’s Standard Contractual Clauses)
8. CV analysis provider for the Chatbot: TextKernel B.V (Netherlands – signature of a GDPR schedule)
9. Work calendar appointment integration management provider for the Planner, for Evaluators only: Cronofy (United States – has signed the EU’s Standard Contractual Clauses)
10. Live video streaming infrastructure provider: Vonage (United States – has signed the EU’s Standard Contractual Clauses)

3.2. Retention period for personal data

The retention period for Users’ data is defined by EASYRECRUE in accordance with its statutory and contractual obligations and by default, in accordance with its needs, based on the following principles, in particular:

These data are retained so that the controller can continue to send you relevant job or mobility offers or view the results of your test after the event.

4. Data subject rights

In accordance with European Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, you have a right of access, rectification, objection, restriction of processing and erasure. You also have the right to give instructions pertaining to the retention, erasure and communication of your personal data after your death, pursuant to the French Digital Republic Act of 7 October 2016. You also have a right to data portability.

You may exercise these rights via the page provided for this purpose here and by contacting our Data Protection Officer (cf. 6).

5. Transfer of data outside the EU

Personal data collected for data processing implemented by EASYRECRUE as a processor may, for various operations, be transferred to countries outside the European Union. Rules have been put in place to ensure the protection and security of personal data transferred outside the European Union.

To find out more, please contact our Data Protection Officer.

6. Appointment of a Data Protection Officer

EASYRECRUE has appointed a Data Protection Officer and registered them with the French independent administrative authority for data protection under number CNIL DPO-80958.

You can contact them:

• By email: dpo@easyrecrue.com
• By post, marked for the attention of the DPO: EASYRECRUE, 38 rue du Sentier, 75002 PARIS, FRANCE

7. Referral to the Supervisory Authority

Should there be a breach of your personal data, you may also submit a complaint to the French Commission Nationale Informatique et Libertés (CNIL) at the following postal address: 3 Place de Fontenoy, 75007 PARIS, FRANCE.