General conditions of use
XTRAMILE
RCS Metz under number 808 982 037
26 Avenue Foch, 57000 Metz (France)
xtramile-clients@myxtramile.com
1. Who are we?
We are XTRAMILE, a simplified joint stock company registered with the Metz RCS under number 808 982 037.
You can contact us at the following email address: xtramile-clients@myxtramile.com
2. What do we offer?
We support our professional customers (” You ” or the” Customer ”) to automate their recruitment process.
To this end, we provide them with the HR Trading Desk platform, accessible via the site www.xtramile.io (the” Platform ”), a complete software for the distribution of multi-channel job offers (jobboards, career sites, meta engines, social networks and display channels) accompanied by data analysis tools (the” Tools ”) to help them measure the performance of each channel used (together the” Services ”).
The technical and functional characteristics of the Platform are described in Appendix 1.
3. What are the documents that govern our contractual relationship?
Our contractual relationship is governed, in descending order of hierarchy, by the following documents:
4. What other terms and conditions do you need to accept to use our Services?
All payments made through our Platform are managed by the payment service provider indicated on the Platform (the” Payment service provider ”).
You contract directly with the Payment Service Provider with regard to the implementation of these payments, by accepting its terms and conditions, through a checkbox on the Platform.
If the Payment Service Provider refuses or terminates your subscription, you can't/no longer use our Services.
Conversely, the end of our contractual relationships leads to the termination of your contract with the Payment Service Provider.
In the event of a contradiction between the terms and conditions of the Payment Service Provider and our General Terms and Conditions, the latter shall prevail.
You expressly mandate us to transmit to the Payment Service Provider all your instructions relating to payments made on the Platform.
5. What are the conditions for accessing our Services?
(i)You are:
- One natural person having full legal capacity,
- Or a legal person acting through a natural person with the power or authorization required to contract in your name and on your behalf.
(ii) You have the quality of a professional, understood as any natural or legal person acting for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional.
(iii)You are in a position to guarantee your access to the Platform, which requires the following minimum technical configuration:
- The Platform is optimized for a screen resolution of 1366 x 768 pixels,
- For Internet browsers: Microsoft Edge, Google Chrome, Chrome, Firefox and Safari in the versions supported by their publishers and published in the last 12 months,
- A means of connecting to the Internet allowing access to the Platform.
6. How do I subscribe to our Services?
You can subscribe to our Services:
- Or by completing the form provided for this purpose on the Platform and providing us with all the information marked as mandatory.
- Or by contacting us directly using the contact details mentioned in the article “Who are we? ”. We will send you a Commercial Proposal, in accordance with your needs.
After validation of the Commercial Proposal, registration automatically leads to the opening by us of an account in your name (the” Account ”) on the Platform which allows you to access our Services using your login ID and password.
7. How can your users use our Services?
Once your Account is created, we proceed to configure the Platform under the conditions provided for in the Commercial Proposal.
In the event that you have subscribed to a “self-managed” Offer, once the configuration has been made by us, you can freely create accesses for users (the” Users ”) within the limit of the number provided for in the Commercial Proposal.
You are solely responsible for creating accesses for Users and for their personal use of the Platform.
In the event that you have subscribed to a “managed” Offer, once the configuration has been made by us, our teams will take control of the use of the Platform, via the trader who will have been assigned to you to support you in the “managed” Offer subscribed to (the” Trader ”). You do not need to create access for your Users.
According to the Commercial Proposal, access to the Services is provided by:
- By going directly to the Platform, and/or
- Through an API that we make available to you and that you must integrate into your computer system. The link to access the API and the related integration documentation are indicated on the Platform. It is specified that the integration of the API into your computer system takes place under your sole responsibility, and/or
- By any useful means that we deem appropriate.
8. What are our services?
8.1 Our Services
Prior to any use of our Services, you acknowledge:
- Have read the characteristics and constraints, in particular technical ones, of our Platform, reproduced in Appendix 1.
- That access to our Platform and the implementation of the Services require being connected to the Internet and that the quality of the Services depends on this connection, for which we are not responsible.
As part of the Services you have subscribed to, you have access to all or some of the following Tools:
- Broadcast Classic AI Job Tool : publication of job offers on one or more channels (job boards, meta engines and display channels) free or paid for 1 to 30 days. This Tool is offered in the only “Self-managed” mode: you use the Tool to distribute and manage your offer publications.
- Premium Broadcast AI Job Tool : The AI Job Broadcast Premium Tool is a software that allows you to automatically control the distribution of job offers, conduct awareness campaigns and target candidates on recruitment sites, social networks and advertising on the Internet (the” Campaigns ”), while managing publication budgets and the performance of these publications.The tool AI Job Broadcast Premium is offered in two modes:
- “Self-managed”: You use the Tool to distribute and manage your offer publications, campaigns and budgets.
- “Managed”: we can, via one of our Traders, operate programmatic campaigns on the Platform on your behalf and configure the channels to be used, the amounts to be allocated to the channels, the technical operations to be carried out and the statistics to be collected. This configuration will be carried out under the conditions provided for in the Commercial Proposal and within the limit of the budget indicated in this same Commercial Proposal.
- HR Analytics & BI tool : consultation and exploration of your data resulting from the use of the Services, in the form of dashboards, graphs and data exploration functionalities.
- AI Predictive HR Analytics tool : tool for consulting the cost per application (CPA, “cost per application”) statistics for a given job offer, according to the main characteristics of this offer. Consultation and exploration of the various values in the form of dashboards, graphs and data exploration functionalities.
- AI CV Parsing tool (optional) : Transformation of candidate CVs into analysable forms or sets of retrievable data for computer processing by a third party (organized JSON format)
- AI Scoring tool (optional) : Estimation of the quality score of relevant candidates on the basis of given job offers and according to criteria of detailed understanding of the elements put forward in the job offer documents and candidate profiles.
- X-Landing Page tool : Provision of a career page to present offers on the Internet and to receive applications.
We reserve the right to offer any other Service.
Any request for modification of the Services subscribed to must be the subject of a complementary Commercial Proposal.
8.2 License to access the Platform: Subscription
We offer access to the Services and the Platform in the form of an annual subscription (the” Subscription ”). The Commercial Proposal describes the scope made available, in particular the number of users and the Tools included in the Subscription.
8.3 Token consumption
In addition to the Subscription described above, the Customer must order credits (or Tokens) to implement actions to publish offers and/or parsing CVs.
We offer our Multicast and CV Parsing Services as an annual package (the” Package ”) which gives the right to the consumption of a given number of credits (Tokens) by the Customer defined according to the Package subscribed by the latter (the” Tokens ”).
The nature of the Subscribed Package is specified in the Commercial Proposal.
A multi-broadcast Token allows you topublish a job offer on a maximum of 10 channels for a period of at least one dayin a given calendar month. For the purposes of computing Token consumption, a job ad is deemed to be published when it is transmitted without error return bythe Xtramile platform to the target publication channel. Similarly, an offer is deemed to be unpublished when the unpublication order has been transmitted by the Xtramile platform to the channel in question, or when the planned unpublication date initially transmitted to the channel has been reached.
Here are some examples for illustration purposes:
· An offer published between the 2nd and 20th day of the same month: 1 Token
· The same offer published between the 2nd and 5th, then between the 16th and 23rd day of the same month: 1 Token
· An offer published between the 5th day of the month and the 15th day of the following month: 2 Tokens.
A CV parsing Token allows you to analyze aCV, i.e. a document as described in Appendix 1.a.
The number of Tokens corresponding to the Subscribed Package, is credited in full to the Customer as soon as this Customer subscribes to this Package.
The Customer is free to consume the Tokens as often as they wish, it being specified that all Tokens not consumed on the day the Package is renewed are permanently lost.
We are committed to providing you with regular reports allowing you to maintain visibility on your token consumption.
Any consumption of Tokens beyond the limit provided for in the Subscribed Package will be the subject of an additional invoice which will be sent to you by any useful means.
8.4 Mandate
By accepting the Commercial Proposal and these General Terms and Conditions, the Customer expressly gives us a mandate to implement all the elements necessary to carry out the Services as indicated in the Commercial Proposal.
8.5 Our additional services
8.5.1 Onboarding
Once these terms have been accepted by you, we propose to configure your environment on our Platform. The methods of carrying out this service as well as its scope are specified in the Commercial Proposal.
8.5.2 Training
Once you have accepted these terms and conditions, we are committed to providing you with initial training in using the Platform. This training can be carried out by videoconference or in person, depending on our possibilities. The methods of carrying out this training as well as the number of sessions offered will be specified in the Commercial Proposal.
We may also provide you with additional training while performing the Services, upon your request at the contact details indicated in the article “Who are we?”. As additional training is not included in your Subscription, we will send you an additional commercial proposal that must be accepted by you before starting the training.
8.5.3 Maintenance
During the duration of the Services, you benefit from corrective and progressive maintenance.
Access to the Platform may be limited or suspended for reasons of planned maintenance. We are committed to informing you at least 24 hours, by any written means and to make our best efforts to ensure that these operations do not exceed 8 hours and take place outside of business hours, i.e. from Monday to Friday from 8 am to 6 pm, Paris time, France.
Evolutive maintenance
During the duration of the Services, you benefit from progressive maintenance, namely:
- Improvements in the functionalities of the Platform and/or technical installations used as part of the Platform aimed at introducing minor extensions (the “Updates”). We will be able to carry them out automatically and without prior information.
- Addition of new functionalities of the Platform and/or technical installations used as part of the Platform (the “New Versions”). We will inform you of any New Version at least 5 working days before installation. The New Versions do not include the compliance of the Platform so that it meets the regulatory specificities applicable to the Customer's activity and/or to its regulated sector of activity, which may be the subject of a specific estimate.
When we add a new Tool to our Service Catalog, it is not part of Evolving Maintenance and will be offered to our customers as an additional option that is the subject of a Commercial Proposal.
Corrective maintenance
We make our best efforts to provide you with corrective maintenance in order to correct any malfunction or bug identified on the Platform.
These malfunctions or bugs (the ”Anomalies”) are divided into 3 categories:
- “Critical Anomaly”: makes it impossible to use the Services,
- “Major Anomaly”: decreases the use of the Services by preventing the use of certain essential functionalities,
- “Minor Anomaly”: makes it impossible for you to use one or more non-essential functionalities of the Services.
You can report any Anomaly to us by contacting our technical support at the following address: https://xtramile.atlassian.net/servicedesk/customer/portals , making every effort to provide as much information as possible (the” Maintenance Request ”).
We will inform you of the origin of the anomaly by email.
If the Platform is not the cause of the Anomaly, and in particular if it results from the act of a third party without our breach of our obligations, no maintenance will be carried out and our responsibility cannot be incurred as such.
If the Platform is the cause of the Anomaly, we undertake to correct it within the following deadlines:
The end of the intervention will be confirmed by email.
You acknowledge and agree that we are not required to provide any maintenance in the following cases:
- Refusal on your part to collaborate with us in resolving the Anomalies and in particular to answer questions and requests for information;
- Use of the Platform in a manner that is not in accordance with its destination or documentation;
- Unauthorized modification of the Platform by you, the Users or any other third party;
- Breach of your obligations hereunder;
- Implementation of any software, software or operating system that is not compatible with the Platform;
- Failure of electronic communication networks;
- Voluntary act of degradation, malice, sabotage;
- Deterioration due to a case of force majeure as defined herein or to an incorrect use of the Platform.
8.5.4 Accommodation
In accordance with an obligation of means, we ensure the hosting of the Platform, as well as the data entered on the Platform, on our servers or through a professional hosting provider, and on servers located in a territory of the European Union.
8.5.5 Technical Assistance
In case of difficulty encountered while using our Services, you can contact us using the contact details mentioned in the article “Who are we? ”.
We will respond as soon as possible depending on the nature of the request, provided that technical support is open during Business Hours.
9. For how long do you subscribe to our Services?
The Services are taken out in the form of a Subscription with one or more Package (s).
The Subscription begins on the day it is subscribed for an initial period of one year, except as otherwise specified in the Commercial Proposal (the” Initial Subscription Period ”).
Any Package purchased in addition to the Subscription begins on the day it is subscribed for an initial period of one year, unless otherwise specified in the Commercial Proposal (the “” Initial Package Period ”).
The Initial Subscription Period and the Initial Package Period are hereinafter referred to as the” Initial Periods ”).
The Packages and the Subscription are then renewed tacitly for periods of duration identical to their respective Initial Period (hereinafter the “” Later period (s) ”), unless denunciation is made no later than:
- 3 months before the end of the Initial Period;
- 3 months before the end of a Later Period
The Initial Period and the Subsequent Periods are hereinafter together referred to as the” Period ”.
10. What are our financial conditions?
10.1 What are the prices for our Services?
The prices of the Subscription and/or Package to which you have subscribed are indicated in the Commercial Proposal.
Any Period started is due in full.
As part of the Subscription to the AI Job Broadcast Premium Tool in “Managed” mode, it is specified, as necessary, that the budget allocated to the Services is indicated in the Commercial Proposal. As an exception, the Quotation will specify the amounts devoted to each Campaign and which will impact the budget.
In the event that the entire budget has been consumed before the end of the Period, the Customer can recharge his Account at any time. Any budget not consumed at the end of the Period cannot be reimbursed in the event of termination of this Agreement and will be carried over to the following period in the form of a monetary reduction.
We are free to offer promotional offers or price reductions.
10.2 What are our billing and payment methods?
We will send you an invoice per Period by any useful means.
Unless otherwise specified in the Commercial Proposal, payments are made by bank transfer to the details indicated on our invoices and within the deadlines indicated in the Commercial Proposal.
You guarantee us that you have the necessary authorizations to use this payment method.
10.3 What are the consequences of late or non-payment?
In the event of default or late payment, we reserve the right, the day after the due date on the invoice, to:
- Declare the forfeiture of the term of all the amounts you owe us and their immediate due,
- Immediately suspend the current Services until payment of all amounts due,
- Charge us with late payment interest equal to 3 times the legal interest rate, based on the amount of the amounts not paid by the due date and a fixed compensation of 40 euros in respect of collection costs, without prejudice to additional compensation if the recovery costs actually incurred are greater than this amount.
10.4 Do you have a right of withdrawal?
You benefit from a right of withdrawal if you are a professional who (i) has 5 employees or less, (ii) buys a good or service that is not within your main field of activity (i.e. does not directly or indirectly touch the Services) and that (iii) the contract is concluded “outside establishment”, namely:
- In a place, different from our premises, where we were present together physically and simultaneously,
- On your premises or by means of a remote communication technique, immediately after we have contacted you personally and individually (i) in a location different from that of our premises and (ii) where we were present together physically and simultaneously,
- During an excursion that we organized in order to promote our Services.
This right of withdrawal is 14 calendar days from the signing of the Commercial Proposal. You can exercise this right free of charge by sending us before the end of the deadline to the contact details mentioned in the article “Who are we? ”, an unambiguous statement, expressing your desire to retract.
If you exercise your right of withdrawal, we will refund all payments received, using the same payment method you used (unless you expressly agree to a different method), without undue delay and no later than 14 calendar days from the day on which we were informed of your desire to withdraw.
11. What are our respective intellectual property rights?
11.1 Our intellectual property rights
The Platform is our property, as are the software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) that we use, as well as all the Usage Data (see below) that result from it. They are protected by all intellectual property rights or rights of database producers in force. The license we are giving you does not involve any transfer of ownership.
All disassembling, decompiling, decrypting, extractions, extractions, re-uses, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, when these acts are not made necessary by the execution of the General Conditions, or if they have not been previously authorized by XTRAMILE, are strictly prohibited and may be subject to legal proceedings.
You, and the Users, benefit from a non-exclusive and non-transferable SaaS license to use the Platform for the duration provided for in the article “For how long do you subscribe to our Services? ”.
Unless otherwise stated in the Commercial Proposal and with your agreement, we may use our respective names, brands and logos and refer to our respective platforms, as commercial references, for the duration of our contractual relationship and 5 years beyond.
All data generated by the use of our Platform by Customers (the” Usage Data ”) are our property. For example, this Usage Data concerns in particular (and without limitation) the number of offers processed, the channels used, the professions relating to the offers, the geographical characteristics of publications and offers, the dates of the various publication events, campaigns, applications, the numbers of applications, the dates of the various publication events, campaigns, applications, the numbers of applications. We guarantee that Usage Data remains anonymous and as such, no personal data within the meaning of the Applicable Regulations, nor any Customer name is included in the Usage Data.
11.2 Your intellectual property rights
Systems, software, structures, infrastructures, infrastructures, databases and content of any kind (the” Contents ”) that you use as part of your activity, and that you communicate to us in order to provide the Services, remain your property and are protected by all intellectual property rights or rights of database producers in force.
All disassembling, decompiling, decrypting, extractions, extractions, re-uses, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, when these acts are not made necessary by the execution of the General Conditions, or if they have not been previously authorized by the Customer, are strictly prohibited and may be the subject of legal proceedings.
You only benefit hereunder from a license to use the elements to which you can have access or that we transmit to you, for the duration of the Contract and for the sole purpose of executing it.
12. What are your obligations and what are you responsible for?
12.1 Regarding the provision of information
You agree to provide us with all the information necessary for the subscription and use of the Services.
12.2 Regarding your Account
You:
- Guarantee that the information provided in the form is accurate and you agree to update it,
- Recognize that this information is proof of your identity and is binding on you as soon as it is validated,
- Are responsible for maintaining the confidentiality and security of your username and password. Any access to the Platform using them is deemed to have been made by you.
You should contact us immediately using the contact details mentioned in the article “Who are we? ” if you find that your Account has been used without your knowledge. You acknowledge that we will have the right to take appropriate action in such a case.
You are solely responsible for setting Users' access rights.
12.3 Regarding the use of the Services
You are responsible for your use of the Services and for any information you share in connection with them. You are also responsible for the use of the Services and for any information shared by Users. You agree that the Services will be used exclusively by you and/or the Users, who are subject to the same obligations as you in their use of the Services.
You are prohibited from diverting the Services for purposes other than those for which they were designed, and in particular to:
- Engaging in an illegal or fraudulent activity,
- Undermining public order and morality,
- Infringe on third parties or their rights, in any way whatsoever,
- Violate a contractual, legislative or regulatory provision,
- Carry out any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
- Perform maneuvers aimed at promoting your services and/or sites or those of a third party,
- Assist or induce a third party to commit one or more acts or activities listed above.
You are also prohibited from:
- Copy, modify or divert any element belonging to us or any concept that we use as part of the Services,
- Adopt any behavior likely to interfere with or hijack our computer systems or undermine our computer security measures,
- To infringe our financial, commercial or moral rights and interests,
- Market, transfer or provide access in any way to the Services, to the information hosted on the Platform or to any element belonging to us.
You are solely responsible for the Content of any kind that you broadcast as part of the Services and in particular for the job offers and training offers that you post on the Platform or that you transmit to us for distribution as part of the “Managed” Offer.
You agree that the Content broadcast on the Platform is made public by default and is likely to be seen by other users of the Platform.
You are prohibited from distributing any Content (this list is not exhaustive):
- Undermining public order and morality (pornographic, obscene, indecent, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
- Infringing the rights of third parties (infringing content, infringing personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
- Prejudicial to third parties in any way whatsoever,
- Lying, deceptive or proposing or promoting illicit, fraudulent or deceptive activities,
- Harmful to third party computer systems.
You are responsible for the relationships that you can establish with other users of the Platform. You agree to act with discretion and respect the usual rules of politeness and courtesy in your exchanges with other users.
You indemnify us against any claim and/or action that may be brought against us as a result of the violation of any of your obligations. You will indemnify us for the damage suffered and reimburse us for any amounts we may have to bear as a result.
13. What are our obligations and what are we responsible for?
We are committed to providing the Services diligently, it being specified that we are bound by an obligation of means. We are also committed to complying with the regulations in force.
13.1 Regarding the quality of our Services
We freely choose the practical and organizational methods by which we carry out the Services, subject to performing them in accordance with the rules of the art.
In particular, we are the only judges of the material resources that we decide to allocate to their realization. We are entirely and exclusively responsible for the resources and, more generally, for the practical methods of their implementation, which we ensure complete control. For the purposes of performing the Services, we may have to use specific material resources whose use will be decided by mutual agreement between the Parties.
We do our best to provide you with quality Services. To this end, we regularly carry out checks in order to verify the functioning and accessibility of our Services and can thus carry out planned maintenance under the conditions specified in the article “Maintenance”.
However, we are not responsible for temporary difficulties or impossibilities in accessing our Services that would be caused by:
- Circumstances external to our network (and in particular the partial or total failure of your servers),
- The failure of equipment, cabling, services or networks not included in our Services or that is not under our responsibility,
- The interruption of Services due to telecom operators or internet access providers,
- Your intervention, in particular via a bad configuration applied to the Services,
- A case of force majeure.
We are responsible for the operation of our servers, whose outer limits are constituted by the connection points.
Furthermore, we do not guarantee that the Services, which are subject to constant research to improve their performance and progress, in particular, will be completely free of errors, defects or defects.
You acknowledge and agree that the Services provided by the Tools are only suitable for:
- Computer-edited content (i.e. not handwritten);
- Data written in the Latin alphabet and/or containing decimal numbering;
- Any other details specified in the Commercial Proposal.
We do not guarantee the exact extraction of data and information from Content transmitted using systems and/or formats other than those mentioned above. Furthermore, we do not guarantee the accuracy of the marking or the entry of the data and information contained in the Content. The Customer acknowledges and accepts that Content containing illegible data may not be processed correctly.
13.2 Regarding the Platform's service level guarantee
We make our best efforts to maintain access to the Platform 24/7 except in the event of planned maintenance under the conditions defined in the “Maintenance” article or force majeure.
13.3 Regarding the backup of data on the Platform
We make our best efforts to back up any data produced and/or entered by/on the Platform. Except in the case of proven faults on our part, we are however not responsible for any loss of data during maintenance operations.
13.4 Regarding data storage and security
We provide you with sufficient storage capacity to operate the Services. We make our best efforts to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.
13.5 Regarding the publication of Content
We act as a hosting provider for the Content that you put online. As a result, we are not responsible for this Content. If we receive a notification of unlawful Content, we will act promptly to remove it or make it impossible to access it, and we may take the steps described in the article “What are the penalties for breaching your obligations?” ”.
13.6 Regarding the establishment of relationships between users
We act as an intermediary in your relationships with other users. We can therefore not be held responsible for your relationships with other users, nor be a party to any disputes whatsoever. In this respect, we do not guarantee that candidates will find the position suitable for their request as we do not intervene in the application process.
14. Within what limits can you engage our responsibility?
Our liability is limited to only proven direct damages that you suffer as a result of using our Services. In any event, XTRAMILE's liability will be limited to a total amount that may not exceed 20% of the annual price of the Services subscribed to.
15. What are the methods of proof accepted between us?
Proof can be established by any means.
You are informed that the messages exchanged through our Platform as well as the data collected on the Platform and our computer equipment constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services provided and the calculation of their price.
16. How is personal data processed as part of the Services?
16.1 General provisions
We are mutually committed, each as far as we are concerned, to comply with the regulations applicable to personal data and in particular with the General Data Protection Regulation (EU 2016/679 of the European Parliament and of the Council of 27 April 2016) and with the Data Protection Act of 6 January 1978 in its latest version in force (hereinafter referred to together as the “” Applicable regulations ”).
16.2 When we collect your personal data for commercial management purposes in our capacity as data controller
We act as a data controller within the meaning of the Regulations applicable in the context of processing relating to commercial management. In this context, your personal data is kept for the period strictly necessary for the management of our contractual relationships with you. Our staff, our control services (auditor in particular) and our subcontractors may have access to the personal data collected.
These treatments are necessary for the proper execution of this Contract. It may give rise to the exercise by the persons concerned of their right (i) to obtain the communication and, where applicable, the correction or deletion of data concerning them, (ii) to request the deletion or limitation of treatment, (iii) to oppose the processing for legitimate reasons, (iv) to request the portability of data concerning them, in order to recover and store them, and (v) to file a complaint with a competent supervisory authority.
16.3 When we collect Users' personal data on your behalf in our capacity as a subcontractor
The purpose of this clause is to define the conditions under which we undertake, on your behalf, the processing of personal data described below.
16.3.1 Description of outsourced treatment
As part of the Services, we are required to process personal data as a subcontractor within the meaning of the Regulations applicable in your name and on your behalf. You act as a data controller within the meaning of the Applicable Regulations. The characteristics of the treatments are described in Appendix 2 of the General Conditions.
16.3.2 Our obligations to you
Data processing:
We undertake to process personal data only for the purposes listed in Appendix 2 and in accordance with your documented instructions, including with respect to the transfer of data outside the European Union. We are committed to informing you if, in our opinion, an instruction constitutes a violation of the Applicable Regulations. In addition, if we are required to transfer data to a third country or to an international organization, under the law applicable to these General Terms and Conditions, we will inform you of this legal obligation prior to processing, unless the law concerned prohibits such information for important reasons of public interest.
Data security and confidentiality:
We are committed to implementing appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident. We also ensure that persons authorized to process personal data are subject to the obligation to maintain their confidentiality.
Other subcontractors:
We are authorized to use subcontractors (the” Subcontractor ”) listed in Appendix 1 of the General Conditions to carry out specific processing activities. In the event of a change in the list of authorized Subsequent Processors, we will inform you in advance and in writing. This information should clearly indicate the subcontracted processing activities, the identity and contact details of the subsequent Subcontractor. You have a period of 15 (fifteen) days from the date of receipt of this information to present your legitimate and reasoned objections. In the absence of notifications of objections after this period, you will be deemed to have accepted the recourse to the subsequent Subcontractor.
The Subcontractor is required to comply with the obligations of these General Terms and Conditions on your behalf and according to your instructions. It is our responsibility to ensure that the Subcontractor provides the same sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Applicable Regulations. If the Subcontractor does not meet its data protection obligations, we remain responsible to you for the performance by the Subcontractor of its obligations.
Transfer of personal data outside the European Union:
We are authorized to transfer the personal data processed under these General Conditions to countries located outside the European Union, subject to the establishment of appropriate guarantees as defined in Chapter V of the aforesaid regulation.
Assistance and Information Supply:
We are committed to assisting you and responding as soon as possible to any request for information sent to us by you, whether as part of a request to exercise their rights by the persons concerned, an impact assessment or a request submitted by the data protection authorities or your data protection officer.
Notification of personal data breaches:
We undertake to notify you of any personal data breach and to provide you with any useful information and documentation to enable you, if necessary, to notify this violation to the competent supervisory authority, as soon as possible after becoming aware of it.
Data output:
We agree, at our option, to delete personal data at the end of your use of the Services or to return it to you and not to keep a copy of it, except as required by Applicable Regulations.
Documentation:
At your request, we provide you with all the information and documents necessary to demonstrate compliance with our obligations and to enable audits to be carried out. You thus have the possibility of carrying out audits once a year and at your expense in order to verify our compliance with the obligations set out in this article relating to personal data. You will inform us of the audit with a minimum of two (2) weeks notice. We reserve the right to refuse the identity of the selected auditor if they belong to a competing company. The audit must be carried out during our Business Hours and in such a way as to disrupt our business as little as possible. The audit cannot therefore in any way affect (i) our technical and organizational security measures deployed, (ii) the security and confidentiality of the data of our other customers, (iii) or the proper functioning and organization of our production. As far as possible, we will agree on the scope of the audit in advance. The audit report should be sent to us in order to allow us to formulate any observations or remarks in writing, which will be appended to the final version of the audit report. Each audit report will be considered confidential information. If the audit report reveals a non-compliance of our company with the applicable Regulations, we undertake to reimburse you for the audit fees up to a limit of 1% of the amounts that will have been invoiced to you for the Services and, in any event, this amount cannot exceed 3000 euros excluding taxes.
16.3.3 Your Obligations to Us
You are committed to:
- Provide us with the personal data referred to in Annex 1, excluding any irrelevant, disproportionate or unnecessary personal data, and excluding any “particular” data within the meaning of the Applicable Regulations, unless the treatments justify it, it is up to you to establish these justifications and to take all measures, in particular prior information, consent and security, appropriate for such particular data;
- Collect under your responsibility, in a lawful, loyal and transparent manner, the personal data that you provide to us, for the execution of the Services, and in particular, to ensure the legal basis for this collection and the information due to the persons concerned;
- Maintain a register of treatments and more generally, respect the principles resulting from the Applicable Regulations;
- Ensure, in advance and throughout the duration of the treatment, compliance with the obligations provided for by the Applicable Regulations.
17. What are our respective confidentiality obligations?
Unless otherwise agreed in writing by the other party, we respectively undertake to keep confidential, for the duration of our contractual relationship and 3 years beyond, all information relating to or held by the other party, which we would have knowledge of during the conclusion and execution of our contractual relationship.
This obligation does not extend to information:
- Of which the party receiving them was already aware,
- Already public at the time of their communication or which would become public without violating this clause,
- Which would have been received from a third party in a lawful manner,
- Whose communication would be required by the judicial authorities, in application of laws and regulations or in order to establish the rights of a party within the framework of our contractual relationship.
Confidential information may be transmitted to our respective employees, collaborators, interns, interns, agents and co-contractors, provided that they are subject to the same confidentiality obligation.
18. Force majeure
We cannot be responsible for breaches or delays in the performance of our respective contractual obligations due to force majeure that occurred during the duration of our relationship. Force majeure covers:
- Any case meeting the requirements of article 1218 of the Civil Code and recognized by case law,
- Strikes, terrorist activities, riots, insurrections, wars, wars, government actions, epidemics, natural disasters or failure attributable to a third party telecommunications provider.
If one of us is prevented from performing his obligations due to a case of force majeure, he must inform the other party by registered letter with acknowledgement of receipt. The obligations are suspended upon receipt of the letter, and must be resumed within a reasonable time as soon as the case of force majeure ceases.
However, we remain responsible for the performance of our respective obligations, which are not affected by force majeure, and any payment obligations.
19. How do I end the Services?
The Services may be cancelled no later than 3 (three) months prior to the end of the Current Period, by:
- You, by sending us a request to the contact details mentioned in the article “Who are we? ”,
- Us, by sending you an email.
You no longer have access to your account after the end of the Services. Any Token not consumed on the day of the end of the Services will be permanently lost and cannot be refunded.
The end of these terms, regardless of the cause except when it is due to a case of force majeure under the conditions defined in the article “Force majeure”, does not affect the Insertion Orders validated by Devis that are in progress, which must be executed according to the terms and conditions set out herein.
The end of the General Terms and Conditions also has no impact on the provisions hereof which are intended to last beyond, and in particular the articles “Intellectual Property”, “Confidentiality” and this article.
Any Period started is due in full.
Termination results in the deletion of your Account. You acknowledge and agree that in the event of termination of the Services, all the settings you have made on the Platform will be lost.
20. What are the sanctions in the event of a breach of your obligations?
Payment of the price of the Services as well as the obligations provided for in the article “What are your obligations and what are you responsible for? ” are essential obligations.
In the event of a breach of these obligations, we can:
- Suspend or delete your access to the Services,
- Remove any Content related to the breach,
- Publish on the Platform any information message that we consider useful,
- Send you a registered letter with acknowledgement of receipt to:
- To end our contractual relationships, with the termination taking effect on the day of receipt or first presentation of this letter,
- Or to ask you to remedy the breach within a maximum of 15 calendar days. The termination will take effect at the end of this period in the absence of regularization of the breach.
- Notify any competent authority, cooperate with it and provide it with all information useful in the investigation and suppression of illegal or illicit activities,
- Take any legal action.
These sanctions are without prejudice to any damages that we may claim from you.
21. How can we change our Terms and Conditions?
We may change our General Terms and Conditions at any time and will inform you by any written means (and in particular by email) at least 3 months before they come into force.
The amended General Terms and Conditions are applicable when you renew your Package.
If you do not agree to these changes, you must terminate your Services in accordance with the terms set out in the article “How do you terminate the Services?” ”.
If you use our Services after the entry into force of our amended General Terms and Conditions, we consider that you have accepted them.
22. Electronic signature
It is understood that the Commercial Proposal, and subsequently these General Conditions, may be signed by any electronic means, we mutually recognize the reliability of the process thus giving it the same legal value as a handwritten signature within the meaning of the law.
23. Applicable law and competent jurisdictions
Our General Terms and Conditions are governed by French law. In the event of a dispute between us, and in the absence of an amicable agreement within 2 months following the first notification, it will be subject to the exclusive jurisdiction of the courts of Metz (France), unless otherwise required.
24. Annex 1 - Functional and technical characteristics of the Platform
24.1 Xtramile Broadcast Classic
The AI Job Broadcast Classic Tool allows you to automatically publish job offers on one or more channels (jobboards, meta engines and display channels) free or paid (s). This Tool is offered in the only “Self-managed” mode: you use the Tool to distribute and manage your offer publications.
In particular, the Tool allows you to:
- To automatically import, modify, delete, and distribute offers
- To bring the offers into compliance thanks to our AI models that correct the content of the offers to increase their quality, remove any discriminatory comments and prepare the quality of the content that will ensure an optimal success rate of publication on your favorite channels.
- To edit a publication policy through rules governing the conditions that will automatically trigger publications (“autoposting”), as well as the target channels to be used. The rules are based on any of the attributes of the offer
- To automatically unpublish job offers according to the same publication/unpublication rules chosen (given date, for example)
- Save time, reliability and productivity thanks to advanced functionalities such as the duplication of offers according to their geography
- To consult the various indicators of token consumption and the status of processing on offers: imports, compliance, publication, unpublishing, pausing etc.
- To consult the list of available job boards, you can find it in the Public Channel Catalog.
For partner organizations that manage several of their customers using the Xtramile Platform, it is possible to create a separate space per customer (data separation by customer), thanks to the concepts of Customer Account and Office Account.
The functionalities of the Tool are available from a user interface or from an API.
24.2 Xtramile Broadcast Premium
The AI Job Broadcast Premium Tool includes all the features of the AI Job Broadcast Classic Tool plus the following features:
- Management of distribution campaigns
- Management of budgets related to campaigns.
- Automatic synchronization of budgets and campaigns with partner platforms (contact us for the list of supported management platforms).
- Access to advanced publishing channels such as
- Boost
- Search Ads
- Social Ads
- Targeted Ads
- Management of user accounts.
In addition the Tool Xtramile Broadcast Premium is offered in two modes:
- “Self-managed”: You use the Tool to distribute and manage your offer publications, campaigns and budgets.
- “Managed”: we can, via one of our Traders, operate programmatic campaigns on the Platform on your behalf and configure the channels to be used, the amounts to be allocated to the channels, the technical operations to be carried out and the statistics to be collected.
24.3 Xtramile Job Analytics
Consultation and exploration of your data resulting from the use of the Services, in the form of dashboards, graphs and data exploration functionalities. The Tool is structured around two main dashboards:
- Analysis of offers and publications, according to several dimensions such as: time interval, distribution by distribution channel, by profession, by sector of activity, by region, by region, variation over time
- Acquisition and analysis of costs, which can also be analyzed according to several dimensions such as: time interval, distribution by distribution channel, by campaign, by profession, by region, by region, variation over time.
24.4 Xtramile Predictive Analytics
Tool to consult and anticipate the costs per application (CPA, “cost per application”) for a given job offer, according to the main characteristics of this offer. Consultation and exploration of the various values in the form of dashboards, graphs and data exploration functionalities.
The data can be analyzed according to the following dimensions: the business, the type of distribution channel, the geographical region.
24.5 Xtramile CV Parsing
The Xtramile Parsing system is capable of semantically analyzing free text or scanned resumes, or even complete application files. The documents to be analyzed are made available (downloaded) in the format DOC, DOCX (MS Word), PDF (MS Word), PDF (Portable Document Format), ODT (OpenOffice), TXT (Plain Text), RTF (RichText), RTF (RichText), PNG, PNG or JPEG, PNG or JPEG (Joint Photographic Experts Group), PNG or JPEG (Joint Photographic Experts Group), or TIFF (Tagged Image File), HTML.
The extraction result is provided in the form of a JSON data set.
The key functions of parsing are:
- Extracting information from CVs with different levels of granularity
- Extracting Photos into a separate image file
- Categorization of the field of occupation: classification of the titles and professions of the positions occupied
- Type of languages supported: French and English
- Standardization of the various elements included in a CV (dates, geographical locations, levels of studies, skills, etc.) using dedicated frameworks
- Location of elements arranged in the CV
Note: As part of Cvs Parsing, Xtramile does not keep any data.
Any use of Xtramile CV Parsing must comply with the following limits:
• Up to 3 requests per second from the same IP address
• The number of simultaneous requests per account is limited to 15 requests in 5 seconds, 50 requests per minute, or 150 requests in 5 minutes. This corresponds to one request every 2 seconds on average, with peaks of up to 3 requests per second.
• If you want to analyze a large resume archive, you should be able to analyze up to 40,000 resumes per day.
• If you want to analyze more data and more quickly, please contact us for a dedicated solution.
24.6 Xtramile CV Scoring
Estimation of the quality score of relevant candidates on the basis of given job offers and according to criteria of detailed understanding of the elements put forward in the job offer documents and candidate profiles.
24.7 Xtramile Landing Page
Provision of a career page to present your offers on the Internet and to receive applications. This option is useful for customers who don't have a career site.