Privacy Policy

The underlying rationale of the GDPR is to empower you (Data Subjects) to control how your personal data is processed. We have a responsibility to protect your individual privacy and autonomy, and to comply with the requirements of the GDPR. More importantly, we genuinely believe the world will be a better place if you are empowered to control the use of your own data. We at Interviewer.AI have invested heavily in enabling you to exercise your rights under the GDPR to the maximum extent possible.

Contact Details for Redress:

Data Protection Officer

INTERVIEWER.AI PTE. LTD.

380, Jalan Besar,

#16-01, ARC 380,

Singapore 209000

hello@interviewer.ai

You have the following rights under GDPR:

i. Right to be Informed. You have the right to be informed about the collection and use of your personal data. This is a key transparency requirement under the GDPR. How we help: The privacy policy is designed to inform you about how your information is processed, as well as what your rights are.

ii. Right of Access. You have the right to access your personal data and supplementary information to be aware of and verify the lawfulness of processing. How we help: After signing in, we allow you to access your personal data in JSON format, along with supplementary information in your privacy settings.

iii. Right to Rectification. You have the right to have personal data rectified if it is inaccurate or incomplete. How we help: After signing in, we allow you to edit your personal data via your profile page.

iv. Right to Erasure. You have the right to request the deletion or removal of your personal data where there is no compelling reason for its continued processing. How we help: After signing in, we allow you to request that your account be restricted. Your data will be removed from Interviewer.AI and placed in restricted archival storage for 2 years before being deleted to comply with relevant laws governing employment records retention.

v. Right to Restrict Processing. You have the right to 'block' or suppress processing of your personal data. How we help: After signing in, we allow you to request that your account be restricted. Your data will be removed from Interviewer.AI and placed in restricted archival storage for 2 years before being deleted to comply with relevant laws governing employment records retention.

vi. Right to Data Portability. You have the right to obtain and reuse your personal data for your own purposes across different services. How we help: After signing in, we allow you to export your personal data in JSON format in your privacy settings.

vii. Right to Object. You have the right to object to processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling), direct marketing (including profiling), and processing for purposes of scientific/historical research and statistics. How we help: We allow you to object to processing by changing your email settings, by exercising your right to restrict processing, or by contacting hello@interviewer.ai.

viii. Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects. How we help: The data we collect is not necessarily used in automatic decision making. In case our client uses automated decision making, you may require human intervention. Please contact the Controller who invited you to complete an Assessment.

DETAILED PRIVACY POLICY

For our European customers, we want to explain how we handle privacy and protection of your data at Interviewer.AI (INTERVIEWER.AI PTE. LTD. incorporated in Singapore with Unique Entity Number UEN 201837827Z - “Interviewer.AI”, “we”, “us” or“our”) when you visit our website at https://interviewer.ai/ or you use our services.

Your privacy is important to Interviewer.AI. Interviewer.AI strives to protect your privacy at all times and to apply the highest ethical and regulatory standards. That is why all communication by and in our Interviewer.AI Software-as-a-Service (the “SaaS”) is encrypted by state-of-the-art SSL encryption. This Interviewer.AI Privacy Policy (the "Privacy Policy") tells you about how we collect, use, disclose, transfer, and store your information, as well as the choices you have regarding your information including but not limited to personally identifiable information (the ”Personal Data”). It also gives you information about our use of cookies (cf. detailed description and definition below), analytics tools, and marketing and advertising practices.

Other than as expressly set out in this Privacy Policy or as otherwise required or permitted by law, we will not share, sell or distribute any of the information you provide to us without your consent (that in certain cases needs to be expressly granted).

WE COLLECT, USE, TRANSFER OR FORWARD PERSONAL DATA IN COMPLIANCE WITH THE PRIVACY PROTECTION LAWS OF THE FEDERAL REPUBLIC OF GERMANY AS WELL AS WITH THE PRIVACY REGULATIONS OF THE EUROPEAN UNION.

I. Who is responsible for data processing and who can you contact?

As part of our provision of the Interviewer.AI SaaS to you and from our interactions with you, Interviewer.AI needs to collect Personal Data either as controller or as processor on behalf of an employer.

If you visit our website at Interviewer.AI (https://interviewer.ai/) we process personal data as controller. Please ask us if you would like information about the Personal Data we store. We will gladly provide this for you for free as quickly as possible. We can also send this information to you electronically over email. You can contact our data protection officer at:

Data Protection Officer

hello@interviewer.ai

II. Which data are being processed and what are the sources of these data?

We process personal data (Art. 4 Nr. 1 GDPR) which we receive in the course of conducting our business as provider of a SaaS-Product for AI video recruiting. Our service can be used by Attendees (hereinafter: “you”) in order to provide additional information for employer in a job application process. Typically we work on behalf of your possible employer (“employer”) who will be our customer. We provide our services to employers in order to enable him to use our services for its application process. So please also take notice of the Additional information with respect to Video-Recruiting (see below) and of the privacy policy of the respective employer to obtain more detailed information about the processing of personal data during a specific application process. However, we also process personal data as data controller of you if you visit our website.

III. For what purpose and on what legal basis are the data processed?

We process personal data in order to be able to provide our services and in order to receive and reply your requests. We process personal data in accordance with the following data protection-related provisions:

a) Processing personal data with your consent (Art. 6 para. 1 a GDPR):

We process data according to Art. 6 para 1 a GDPR in order to communicate with you and advert for our services.

b) Processing personal data to full contractual obligations (Art. 6 para. 1 b GDPR):

If we enter into a contractual relation (including the initiation of contractual relation) the processing of personal data takes place for the provision of our services as cloud software provider to Art. 6 para. 1 b GDPR.

c) Processing personal data to full legal requirements (Art. 6 para. 1 c GDPR):

In the event that our company is subject to a legal obligation that requires the processing of personal data, such as for example the fulfillment of tax obligations, the processing of personal data is made pursuant to Art. 6 para. 1 lit. c GDPR.

d) Processing personal data according to Art. 6 para. 1 d GDPR:

In exceptional cases, the processing of personal data may be required in order to protect the vital interests of the data subject or another natural person. This could, for example, be the case where a visitor will be injured in our premises and in consequence, his name, age, health insurance data, or other vital information need to be transmitted to a doctor, hospital or other third parties. In that event, the processing will be made pursuant to Art. 6 para. 1 lit. d GDPR.

e) Processing personal data according to Art. 6 para. 1 f GDPR:

Finally, data processing activities can be conducted on the basis of Art. 6 para. 1 lit. f GDPR which covers data processing activities which are do not fall under any of the aforementioned legal provisions and which covers data processing which is necessary for the purposes of the legitimate interests pursued by us or a third party and provided that such interests are not overridden by the interests or fundamental rights and freedoms of the data subject.

IV. Server Logfiles

We collect and store information on the basis of Art. 6 para 1 lit. f GDPR about your visits of our website in so-called log-files on our server.

The logfiles contain data that your browser is automatically sending to us, such as:

shortended IP-address

browser type/ browser version

your operating system

referrer URL (or the website visited previously)

date and time of the server request

amount of transmitted data

your internet service provider

These data will be collected and processed only for the purpose of measuring the statistics of our website performance. These data will not be connected with data from other data sources.

V. Use of Cookies

Our Website uses cookies on the basis of Art. 6 para 1 lit. f GDPR for cookies that are technically necessary and on the basis of Art. 6 para 1 lit. a GDPR. A cookie is a text file that is placed on the device of the user (PC, tablet, smartphone etc.) and stores certain information referring to the device. If you visit our website from the respective device our server receives information from a cookie. Our server can use this information for different purposes. For example can cookies be used for tailoring advertising to the user or in order to provide statistics for the use of the website. In your browser settings you can allow or deactivate cookies. In the case of deactivating cookies, however, some functionality of our website might not work.

VI. Period of Data Storage

We process and store personal data only for the period, which is required to meet the purpose of processing, or as long and to the extent as statutory laws require us to process and/or store such data. If the purpose of processing does not apply anymore and the applicable statutory retention requirement expires, we will as a matter of routine erase data or restrict the processing of data in accordance with the applicable statutory laws.

VII. Information about the transfer of personal data to a third country

We use various cloud services as part of our service, i.e. US-based providers or providers from other states outside EU/EEA or Singapore who also process personal data on our behalf (e.g. name, e-mail address and possibly others).

We expressly point out that, with regard to the USA, no adequacy decision of the European Commission has been issued so far. We will only transfer personal data to a provider in the USA if this transmission is permitted in accordance with the so-called Privacy Shield Agreement and / or the transmission is legitimized by standard data protection clauses (standard contractual clauses).

The guarantees for privacy shield can be found here:

https://www.privacyshield.gov/EU-US-Framework

The standard contract clauses can be found here:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:039:0005:0018:DE:PDF

VIII. Is there an automated decision-making process?

We do not use automated decision-making processes under Art. 22 GDPR for initiating decisions on the establishment or carrying out of the business relationship, which would have legal consequences for you or would have a similar significant negative impact. As far as an employer uses our SaaS as a part of a job application process our SaaS please take notice of the Additional information with respect to Video-Recruiting (see below) and of the privacy policy of the respective employer.

IX. Documentation of declared consents

If you have given us a consent under Art. 9 GDPR to anonymize your personal data, you consented to the following:

X I agree that Interviewer.AI anonymizes my personal data in order to be able to process personal data in anonymized form.

You can withdraw a given consent at any time free of charge. A withdrawal can e.g. done by email or by post.

X. Additional information with respect to Video-Recruiting

What is the purpose of the data processing and who is the data controller?

The SaaS has the purpose to provide you an objective personality profile of you by analyzing video and audio recordings of communications based on artificial intelligence technology. Interviewer.AI provides a SaaS on behalf of employers who will be acting as data controller. The SaaS measures facial expressions, voice, and speech.

You can find more detailed information about methodology at: https://www.Interviewer.AI.com/science

Therefore, you start an asynchronous video interview (a “Video Interview”) via a web application, which may be recorded and stored for the application process.

Which kind of data are processed?

When using the SaaS you may upload and share your own documents (the “User Generated Content”). Your video and audio recordings may include Personal Data, Skills and other information from your resume.

While providing our SaaS we collect and store the following information about your Video Interview:

Email ID

Phone Number

Details within a Resume

LinkedIn Profile

IP Address

With your consent given according to Art. 9 II a GDPR to the respective employer the Video Recording will be used in order to process data as follows:

Video analysis: Interviewer.AI evaluates your Video Interview recordings using computer vision. .The algorithm will analyse your facial expressions to look for positive emotions or negative emotions. By using the Interviewer.AI SaaS, you expressly agree to the quantification and evaluation of your recorded facial expressions.

Voice analysis: The SaaS records your voice and quantifies voice patterns, e.g. arousal, and valence scores. The quantified voice patterns are evaluated with regard to different effects (e.g. emotions) and enable the Interviewer.AI SaaS to give you feedback on the effects of your voice.

Speech analysis: The SaaS quantifies your voice-to-text, i.e., your spoken words, and transcribes them. Then the spoken words are analyzed with existing NLP libraries (e.g., sentiment). This is done to give feedback about, for instance, people's clarity of speech, word count, etc.

By using our SaaS, you expressly consent to the processing and storage of this information.

You can withdraw your consent to process these data at any time. You are not obliged to participate in Video Recruiting by law or by contract and you can also proceed in the application process if you decide not to participate.

Where are data stored and who will have access to your personal data?

We will have access to your personal data in our role as data processor for the respective employer who is our customer. Based on our contractual relation to our customers we are obliged to process personal data only for the purpose of the customer. With your consent, we may anonymize personal data and process anonymized data in order to enhance our software and services. In the processing of your personal data we strictly follow the directions of our customers.

Like many companies, all Interviewer.AI data will be stored and processed on Amazon Web Services (AWS) or Google Cloud Platform (the “GoogleCloud”). Please see AWS Privacy Policy (https://aws.amazon.com/privacy/) or Google’s Privacy Policy (https://cloud.google.com/security/privacy/ ) for more information. Interviewer.AI limits AWS

Cloud to store data exclusively on servers located in EU for all customers in Europe.

XI. Your Interviewer.AI Account – Information for employers with User Account

In order to activate and/or use some of our SaaS, you will need to create an account (the “Account”). During the process of setting up your account, we will ask you for certain Personal Data such as your

e-mail address;

personal name;

company name;

company website;

your position/department

number of positions you usually hire

address;

country;

IP Address; and

Time-stamp of Account registration.

We need this information to allow you to activate, manage or use your Interviewer.AI products and services. We may associate your email address and other Personal Data (such as name, telephone number and address) with your Account and access to our products or services.

For further information, please see the User Experience and Statistics section below.

Device-related information: In addition, Interviewer.AI SaaS collects device-related information, such as model information of the hardware you are using, device identifiers, or the version of your operating system. Interviewer.AI may link this information to your user profile.

Log data: When you use our SaaS, we may collect and store certain information in serverlogs. This may include details about your behavior patterns when using the SaaS, such as the average length of your records, information about device features and events such as crashes, system activity, hardware configurations, browser variant and language, time of your request, referral URLs, and cookies.

Location-related information: When you use the SaaS, we may collect and process information about your location, such as IP addresses or WLAN access points. This information is used exclusively to personalize our services (e.g. automatic recognition of your native language) and to improve our services.

Local storage: The SaaS partly stores data locally on your device (e.g. in the web memory of your browser), e.g. to provide real-time feedback on your communication behavior. This data is usually deleted automatically by your device.

XII. Third Party Technology

Google or LinkedIn Sign-In

For access to our SaaS platform (for example, the login via https://dashboard.interviewer.ai/ we may offer a login in the future via Google or LinkedIn.

Website

You can visit most areas of the Interviewer.AI website without disclosing any Personal Data. Interviewer.AI only logs the domain name, IP address and browser type of our website visitors via our webserver log les and analytics tools at irregular intervals. We use this information to log global access to our website. For our SaaS we will ask that you provide sign-up an Account at Interviewer.AI – see above “Account”. In some cases, you will be unable to complete a particular step in the process if you do not want to provide the information requested. For example, we will ask for Personal Data in the following instances: If you use our online technical support or ask questions about our products and services using the contact form or the contact options on our website, we will ask you to give us Personal Data required for processing the support request. This can include your email address, name and address, as well as information about your computer hardware and software and the type of problem you have. If you have requested a test license on our website, in order to activate such license, you may have to provide Personal Data, such as an email address. If you request a service from us via our website. If you participate in a survey on our website. If you subscribe to a newsletter. If you signed up for a newsletter and no longer want to receive it, you can unsubscribe at any time by using the unsubscribe option provided in the email or by sending us an email using the contact information provided below.

Use of Cookies

Cookies are small text files that are stored on your computer or in your browser. Cookies are loaded on your browser when you first use a product or service. Cookies do not include any Personal Data. We may use cookies to identify the browser you are using so that our website displays properly. We also use cookies in various places on our website in order to document your visit to the Interviewer.AI website and allow for a more efficient website design. For example, to optimize the shopping cart feature used for ordering in the Interviewer.AI online store.

If you do not want to allow Interviewer.AI or someone else to use cookies, you can disable cookie installation via your browser setting. While you also have the option of deleting cookies from your computer's hard disk at any time, if you choose to do so, you may be unable to use some of the features of our website, products and services.

User Experience and Statistics

We use our own technology (including soft authentication systems, storage and messaging engines, databases and big data repositories) to perform statistical evaluations using pseudonymized user profiles. We do this to optimize your experience with our products and provide relevant content and advertisements.

We also use the information we collect to offer you content, search results and advertisements that will be of most interest to you. We believe more relevant advertising provides a better Internet experience. This is also how we support our business while still providing certain products or services to you free of charge. As part of this process, we may collect information about how you use and interact with the advertisements that we offer. We may also use information about how you use our products and services across various Devices. Based on this Device-specific information (for example, the hardware model, operating system, version, device, mobile network information including your phone number)and the unique application number assigned to some of our products and services, we may be able to compile a personal pro le about you. When you log in and access your Account or our products, we may automatically collect and store certain information. For example, details of how you use our products, what kind of search queries you conduct, where your computer is routing from, your browser type and version, and Cookies that may identify your browser and/or Account.

By reviewing and accepting this privacy policy, you understand and agree that we may combine non-Personal Data or pseudonymized data obtained via our proprietary soft authentication systems with Personal Data obtained when you sign up for an Interviewer.AI Account. We do not share this combined data with third parties. In addition to our own proprietary technology, we use the following third-party analytics tools to better understand your interaction with our website and use of our products/services.

Google Analytics

We use Google Analytics, a web analysis service from Google, Inc. ("Google"). Google Analytics uses Cookies to make it possible to analyze your use of our website. Information about your use of our website the Cookie generates is usually transferred to a Google server in the USA and saved there. However, before this happens, Google shortens and anonymizes your IP address (Google's anonymize Ip process) if located within a member state of the European Union or in other contracting member states to the Agreement on the European Economic Area. The entire IP address is transferred to a Google server in the USA and saved there only in exceptional cases. This anonymization

ensures that your IP address cannot be traced back to you. Google will use this information to evaluate your use of the website in order to compile reports about website activities for Interviewer.AI and provide additional services associated with website and Internet usage. Google can transfer this information to third parties, where appropriate, if legally mandated or if Google contracts with third parties to process such data. Google will not associate your IP address with other Google data. By using our website, you expressly consent to Google’s collection and storage of your data in the manner and for the purposes described above. You also have the option to prevent Google from

acquiring and processing data generated by Cookies and data related to your use of our website (including your IP address) by downloading and installing a Google-provided browser plugin. More information about Google Analytics can be found here(https://www.google.com/analytics/learn/privacy.html (https://www.google.com/analytics/learn/privacy.html)).

LinkedIn Pixel

We use the "LinkedIn pixel" from LinkedIn Ireland. This allows users' behaviour to be tracked after they have seen or clicked on a LinkedIn ad. This process is used to evaluate the effectiveness of LinkedIn advertisements for statistical and market research purposes and can help to optimise advertising measures. The data collected is anonymous to us, so it does not give us any indication of the identity of the users.

XIII. Rights of Data Subjects

According to Art. 15 GDPR you have the right to obtain from the data controller free information on request about the personal data stored about you as well as the purpose of the data processing. Please take note that the respective employer is the data controller of the data processed during an Video Recruiting process. According to articles 16, 17 and 18 GDPR you also have the right to correct incorrect data and block and delete your personal data. Moreover according to Art. 20 GDPR, you have the right to receive the personal data concerning you which you provided to us, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller without hindrance from our part. According to Art. 21 (1) GDPR, you also have the right to object, on the basis of your particular situation, at any time to processing your personal data as far as it is based on Art. 6 (1) e) or f) GDPR. We will comply with the aforementioned requests if and to the extent such compliance is required by the applicable statutory laws. Requests for access to and rectification or erasure of personal data or restriction of processing may be directed to the email or post address stated in our website’s imprint. Each data subject has the right to lodge a complaint with a supervisory authority of the alleged infringement if the data subject

considers that the processing of personal data relating to him or her infringes the GDPR.

  1. Binding Agreement
    1. Interviewer.AI Pte. Ltd. (Singapore UEN 201837827Z) (“Interviewer.AI”, “we”, “us”, and “our”) provides a platform that facilitates interactions between potential employers and job candidates. The terms of this Agreement are between you and Interviewer.AI, and your access and use of the Platform constitutes your consent to this Agreement and its terms.

    2. We may update the terms of this Agreement from time to time. We will notify you of such changes either via the email address provided by you on registration or through an announcement on the Platform. The changes will apply to the access and use of the Platform upon such notice. Your continued access and use of the Platform after such notice has been given indicates your agreement to be bound by the new terms.

  2. Definitions
  3. In this Agreement, the following definitions apply:

    Candidate” means a user who creates a Candidate Profile for accessing and using the Platform to search for employment opportunities or to participate in an application for employment with an Employer.

    Candidate Profile” means a profile created by a Candidate that may include personal details, resume, photo, video, skills, and professional interests.

    Employer” means a user who is accessing or using the Platform for any reason related to the purpose of seeking, screening or assessing candidates for employment.

    Intellectual Property Rights” means all patents, trade names, trade marks, service marks, logos, design rights, copyrights, trade secrets, database rights, rights in technology, knowhow, or other intellectual property rights (whether registered or unregistered) that are protected under any applicable law, and all applications, renewals and extensions of the same.

    Personal Data” means data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which we have or are likely to have access.

    Platform” means the Interviewer.AI platform and any service or feature provided thereon by Interviewer.AI or its affiliates or agents, whether directly or indirectly, including through application programming interface (API) integration and/or hyperlinks.

    SIAC” has the meaning ascribed to it in Clause 16.1.

    SIMC” has the meaning ascribed to it in Clause 16.5.

    User Content” means all information, including but not limited to data, text, videos, photographs, graphics, advertisements, messages, music, or other materials submitted, posted, displayed or otherwise provided by users on or through the Platform, and includes job postings by Employers and Candidate Profiles.

  4. Registration
    1. You must be at least 18 years of age to register an account on the Platform.

    2. On registration, you will be asked to create a Candidate Profile. You must ensure that the details provided by you on registration or at any time thereafter are accurate, up to date, and complete.

    3. We reserve the right to delete your account and all of your information after a period of inactivity, but in any case only after we have provided you with notice accordingly.

    4. You may cancel your registration with the Platform at any time by informing us in writing. Upon cancellation of your registration, you agree to stop accessing and using the Platform.

  5. Password and Security
    1. You agree to keep your login details confidential and not to disclose it to any third party.

    2. You are strictly liable and responsible for all uses of your account and password, whether or not authorised by you.

    3. You shall notify us immediately if you know or suspect that your account has been compromised.

    4. If we have reason to believe that there is likely a breach of your account or misuse of the Platform using your account, we may require you to reset your password or may suspend your account.

    5. As a result of your loss of your login details or the misuse of the Platform, you shall:

      1. bear all losses or damage incurred thereby; and

      2. fully indemnify Interviewer.AI should Interviewer.AI suffer any loss or damage.

  6. Use of Platform
    1. Interviewer.AI hereby grants you a limited, terminable, non-exclusive right to access and use the Platform for your personal, non-commercial purposes as follows:

      1. seeking employment opportunities;

      2. applying for jobs; and

      3. any other purposes reasonably related to the purposes specified above.

    2. Your permission to access and use the Platform is personal to you and is non-transferrable and non-assignable.

    3. As part of the application process for employment with an Employer, you may be required to participate in activities such as video and audio interviews, psychometric assessments, and gaming tests. You acknowledge and agree that your participation in such activities on the Platform may be recorded, and you hereby consent to such recording, including the use of your name, likeness, voice and persona in connection with your use of the Platform, and to Interviewer.AI and the relevant Employer’s access to and use of any such recordings and your Candidate Profile in accordance with Clause 9 (Personal Data).

    4. You may not access or use the Platform:

      1. for any unlawful or fraudulent purpose;

      2. to disseminate or publish any content that is false, inaccurate, unlawful, harassing, defamatory, misleading, abusive, threatening, harmful, violent, obscene, vulgar, or otherwise objectionable;

      3. to copy, reproduce, duplicate, compile, sell, resell or otherwise exploit in any manner any content on the Platform;

      4. to modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Platform without our prior consent;

      5. to interfere with any other person’s access to or use of the Platform;

      6. to post any content or apply for any job on behalf of another party;

      7. to access information not intended for you, or to access a server or account which you are not authorised to access;

      8. to interfere with or disrupt the operation of the Platform, or the servers or networks used to make the Platform available or violate any requirements, procedures, policies or regulations of such networks;

      9. to create a database by systematically downloading and storing content available on the Platform;

      10. to sell, promote or advertise products or services; and

      11. in any manner in breach of this Agreement.

    5. We reserve the right to waive any of the conditions in Clause 5.4 either generally or in specific instances.

    6. We may, but are not obliged to, remove, edit, suspend, block, and/or monitor user accounts that we determine, in our sole discretion, violates the terms of this Agreement or any applicable law.

  7. Availability of Services
    1. We will apply reasonable efforts to ensure that the Platform is available at all times. However, we cannot guarantee that the Platform or any part or feature thereof will always be available or error-free although we will attempt to correct the problem as soon as reasonably possible.

    2. Access to the Platform may be restricted from time to time to allow for the repair, maintenance, or update of the Platform. We will attempt to restore access to the Platform as soon as we reasonably can.

  8. Intellectual Property
  9. Subject to Clause 8 (User Content), all Intellectual Property Rights in the Platform and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by Interviewer.AI. You may not reproduce, modify, distribute or otherwise use for commercial purposes any such content without our written consent, except as provided in this Agreement or permitted by law.

  10. User Content
    1. We do not claim ownership of any User Content that you provide on or through our Platform. You represent and warrant that you own or are otherwise authorised to use in any manner such User Content provided by you.

    2. We do not represent, endorse, or guarantee the accuracy, veracity, or reliability of User Content (whether provided by you or other persons) or derivative works therefrom. Any reliance on User Content will be at your own risk.

    3. You acknowledge and understand that all User Content is the sole responsibility of the person from whom the User Content originated.

    4. By submitting, posting, displaying or otherwise providing User Content on or through the Platform, you grant Interviewer.AI a worldwide, non-exclusive, royalty-free licence to reproduce, adapt, distribute, and publish the User Content in its sole discretion and in accordance with Clause 9 (Personal Data).

    5. We may review and remove any User Content that we determine, in our sole discretion, violates the terms of this Agreement or any applicable law.

  11. Personal Data
    1. Collection of Personal Data

      1. We may collect your Personal Data in the following instance for which you hereby consent to:

        1. when you provide it to us (e.g. by registering an account with the Platform or updating your Candidate Profile);

        2. automatically when you access or use the Platform; and

        3. from third parties (including an Employer with whom you have applied to for employment, whether or not through the Platform) but only where we have made reasonable efforts to verify that the third parties either have your consent or are otherwise legally permitted or required to disclose your Personal Data to us.

      2. The Personal Data that we may collect includes, but is not limited to:

        1. name, gender, date of birth, nationality, country and city of birth;

        2. mailing address, telephone numbers, email address, and other contact details;

        3. resume, educational and professional qualifications and certifications, and employment references;

        4. employment and training history;

        5. professional interests;

        6. work-related health issues and disabilities;

        7. photographs and videos;

        8. usage data from your access and use of the Platform; and

        9. interview recordings and information you provide in online assessments conducted using the Platform.

    2. Purpose of collecting and using Personal Data

      1. Your Personal Data may be collected and used by us for the following purposes:

        1. to operate, maintain, enhance, develop, test, provide, and monitor the effectiveness of the Platform;

        2. to verify your identity and manage your registration with the Platform;

        3. to facilitate any job application process between you and a Employer;

        4. to personalise the Platform for your preferences and interests;

        5. to respond to, handle, and process queries, requests, applications, complaints, and feedback from you;

        6. to contact you for administrative purposes;

        7. where in accordance with your preferences, to notify you of, or to enable potential Employers to contact you regarding employment opportunities we think you may be interested in;

        8. to understand and analyse the usage trends, user preferences and interests;

        9. to diagnose and troubleshoot errors on the Platform;

        10. to detect and monitor illegal activity;

        11. any other incidental business purposes related to or in connection with the above; and

        12. where we are required to do so by law.

      2. We may also disclose your Personal Data for the purposes specified in Clause 9.2.1 to the following persons:

        1. Employers to whom you are applying for a job, and any of their affiliates or agents who are involved in the job application process;

        2. potential Employers who may have employment opportunities which match your preferences;

        3. employees of Interviewer.AI, but only where necessary for the performance of their duties;

        4. any competent law enforcement or other government authorities (whether within or outside Singapore) as may be permitted or required by any applicable law or in relation to any court order or judgment;

        5. to third-party service providers, agents, and other organisations that perform services on our behalf, including web-hosts, mailing services, market research and web usage analysis services, and maintenance and repair services; and

        6. otherwise as permitted under any data protection legislation.

      3. We will seek your consent where the collection, use, and disclosure of your Personal Data falls outside the scope of Clause 9.2.

      4. The purposes listed in Clause 9.2 may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under or arising from this Agreement with you).

    3. Withdrawal of consent

      1. The consent that you provide for the collection, use, and disclosure of your Personal Data in accordance with Clause 9.2 will remain valid until such time as it is withdrawn by you in writing.

      2. Upon receipt of your written request to withdraw your consent, we may require reasonable time for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us.

      3. Whilst we respect your decision to withdraw your consent, please note that such withdrawal does not affect disclosures of your Personal Data that we had already disclosed or otherwise provided access to the persons listed in Clause 9.2.2.

      4. The withdrawal of your consent does not affect our right to continue to collect, use, and disclose Personal Data where such collection, use, and disclosure without consent is permitted or required under the applicable laws.

    4. Access to and correction of Personal Data

      1. Should you wish to access a copy of the Personal Data which we hold about you or correct any of your Personal Data which we hold about you, you may submit a written request to our Data Protection Officer at the contact details provided in Clause 9.8 below.

      2. Please note that a reasonable fee may be charged for such request. We will inform you of the fee before processing your request.

      3. We will aim to respond to your access request as soon as reasonably possible. If we are unable to respond to your access request within 30 days after receiving the request, we will inform you in writing within 30 days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Data requested by you, we will generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable laws).

    5. Retention of Personal Data

      1. We will retain your Personal Data for the period necessary to fulfil the purposes for which they were collected, or as required or permitted by applicable laws.

      2. We will cease to retain your Personal Data, or remove the means by which the Personal Data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the Personal Data was collected, and is no longer necessary for legal or business purposes.

    6. Security of Personal Data

      1. To safeguard your Personal Data from unauthorised access, collection, use, disclosure, copying, modification, disposal, or similar risks, we will use reasonably appropriate administrative, physical, and technical measures to secure all storage and transmission of Personal Data by us.

      2. No method of transmission over the Internet or method of electronic storage is completely secure. Although security cannot be guaranteed, we strive to protect the security of your Personal Data and will periodically review and enhance our information security measures.

    7. Transfer of Personal Data outside Singapore

    8. It may be necessary for us to transfer your Personal Data outside of Singapore, such as for the purposes of storing and/or processing. If we do so, we will take steps to ensure that your Personal Data continues to receive a standard of protection that is at least comparable to that provided under the Personal Data Protection Act (No. 26 of 2012).

    9. Data Protection Officer

    10. You may contact our Data Protection Officer if you have any enquiries or feedback on our Personal Data protection policies and procedures, or if you wish to make any request, in the following manner:

      Name:Lim Boon Khai
      Email:bklim@interviewer.ai
      Phone:+65 9647 9354

  12. Third Party Websites
    1. The Platform may contain links to other online resources and locations. We are not responsible for, and do not endorse, the content of these external resources or locations.

    2. You may create a link to the Platform subject to the following conditions:

      1. the link is not presented in a way that is misleading or that may suggest any form of endorsement, approval, or association by us that does not exist, or is harmful to our reputation or the reputation of any of our affiliates; and

      2. you shall immediately comply with any request by us to remove the link.

  13. Term and Termination
    1. The terms of this Agreement remain in full force and effect so long as you access or use the Platform.

    2. We reserve the right at our sole discretion to pursue all legal action, including but not limited to removing your content from the Platform and terminating with immediate effect your access to the Platform, upon any breach by you of this Agreement.

    3. Clauses 7 (Intellectual Property), 11 (Term and Termination), 12 (Limitation of Liability), 13 (Disclaimers), and 14 (Indemnity) inclusive remain in full force and effect even after you are no longer a user of the Platform.

  14. Limitation of Liability
    1. The Platform is provided on an “as is” basis, and we make no representations or warranty as to the quality, completeness, or accuracy of any content made available on the Platform.

    2. To the maximum extent permitted by law, we expressly exclude:

      1. all conditions, warranties, and other terms that might otherwise be implied by law into this Agreement; and

      2. any and all liability to you, whether arising from this Agreement or otherwise in connection with your access to and use of the Platform.

    3. We shall not be liable for any consequential, special, incidental, or indirect damage or loss of any kind arising from our provision of the Platform or any access or use of the Platform by any person, even if we have been advised of the possibility of such damage or loss. For the avoidance of doubt, we shall not in any event be liable for loss of employment opportunity.

    4. To the maximum extent permitted by law, our aggregate liability to you for all claims arising from your use of the Platform shall be limited to S$[100].

  15. Disclaimer
    1. You acknowledge and agree that Interviewer.AI is solely a platform provider and does not participate in the interview, selection, or hiring of Candidates, which are the sole responsibility of the Employer, notwithstanding the use of the Platform for and in connection with such activities. It is the Employer’s sole responsibility to comply with all applicable laws regarding its use of the Platform for such activities, including but not limited to all applicable employment and hiring laws and regulations.

    2. We shall not be liable for any damage or loss suffered by you as a result of any employment decision or breach of applicable laws and regulations by the Employer.

    3. We shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension, or termination of the Platform or its services, or for the content, accuracy, or quality of content on or transmitted through the Platform.

    4. We shall not be liable for any risks associated with dealing with other users with whom you come into contact with through the Platform, including but not limited to, the risk of physical harm, and you agree to assume all such risks if you decide to initiate such contact with other users of the Platform.

    5. Nothing on the Platform is considered our endorsement, representation, or warranty with respect to any user or third party, whether of its reputation, websites, products, services, hiring, experience, employment or recruiting practices, or otherwise.

  16. Indemnity
    1. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Interviewer.AI, our affiliates, and our or their respective directors, officers, employees, and agents, from and against any claims, actions, or demands, including reasonable legal and accounting fees, alleging or resulting from:

      1. any content you provided on or through the Platform;

      2. your use of the Platform or any content thereon; or

      3. your breach of any term of this Agreement.

    2. We will provide you with notice of any such claim, action, or demand as soon as reasonably possible.

  17. Applicable Law
  18. The terms of this Agreement and any non-contractual obligation arising out of or in connection with this Agreement shall be governed by, and construed in accordance with, the laws of Singapore.

  19. Dispute Resolution
    1. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause.

    2. The seat of the arbitration shall be Singapore.

    3. The Tribunal shall consist of one (1) arbitrator to be appointed by the chairman for the time being of the SIAC.

    4. The language of the arbitration shall be English.

    5. You further agree that following the commencement of arbitration, you will attempt in good faith to resolve the dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.

  20. Miscellaneous
    1. You may not assign or transfer any of your rights under this Agreement to any other person. You agree that we may assign or transfer our rights under this Agreement at our sole discretion, where we reasonably believe that your rights will not be affected.

    2. No term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) by any person who is not a party to this Agreement.

    3. If we choose not to enforce any rights or remedies against you under this Agreement, we remain entitled to enforce those rights or remedies at a later date, or in any other situation where you breach any term of this Agreement. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

    4. If any provision of this Agreement shall be invalid, illegal, or unenforceable in any respect by operation of law or otherwise is or becomes ineffective for reasons beyond our control, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.

    5. If you have any questions, please contact us at hello@interviewer.ai.

Latest update: May 10, 2020