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.
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.
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 Data”, means, in relation to a Candidate, (a) any recording by Interviewer.AI of that Candidate’s participation in activities on the Platform as part of the application process for employment with an Employer; (b) the results generated from Interviewer.AI’s processing and analysis of such recording; and (c) the Candidate Profile of that Candidate.
“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 18.1.
“SIMC” has the meaning ascribed to it in Clause 18.5.
“Subscription” means a pricing plan selected by an Employer, including any success fee contingent upon the hiring of a Candidate, or any quotations agreed to by the Employer with Interviewer.AI for access to and use of the Platform to search for, screen, assess, and shortlist Candidates to invite them for a face-to-face interview or any employment thereof.
“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.
If you are an individual, you must be at least 18 years of age to register an account on the Platform.
On registration, you will be asked to create a profile. You assume sole responsibility for ensuring that the details provided by you on registration or at any time thereafter are accurate, up to date, and complete.
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.
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.
You agree to keep your login details confidential and not to disclose it to any third party.
You are strictly liable and responsible for all uses of your account and password, whether or not authorised by you.
You shall notify us immediately if you know or suspect that your account has been compromised.
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.
As a result of your loss of your login details or the misuse of the Platform, you shall:
bear all losses or damage incurred thereby; and
fully indemnify Interviewer.AI should Interviewer.AI suffer any loss or damage.
Interviewer.AI hereby grants you a limited, terminable, non-exclusive right to access and use the Platform for your internal business use:
to post job listings;
to search for, screen, interview, assess, and evaluate Candidates; and
to access Candidate Data for the purposes specified above.
Your permission to access and use the Platform is personal to you and is non-transferrable and non-assignable. If you are a corporate entity and your employee or agent accesses and uses the Platform on your behalf, you shall ensure that the employee or agent complies with the terms of this Agreement.
You may not access or use the Platform:
for any unlawful or fraudulent purpose;
to disseminate or publish any content that is false, inaccurate, unlawful, harassing, defamatory, misleading, abusive, threatening, harmful, violent, obscene, vulgar, or otherwise objectionable;
to copy, reproduce, duplicate, compile, sell, resell or otherwise exploit in any manner any content on the Platform;
to modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Platform without our prior consent;
to interfere with any other person’s access to or use of the Platform;
to access information not intended for you, or to access a server or account which you are not authorised to access;
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;
to create a database by systematically downloading and storing content available on the Platform;
to sell, promote or advertise products or services;
to promote any employment opportunity that does not represent bona fide employment;
to advertise sexual services or seek employees for jobs of such nature; and
in any manner in breach of this Agreement.
You may appoint Interviewer.AI to manage your account on your behalf and in so doing will be deemed to have granted Interviewer.AI the right and authority to access, use or disclose, for and on your behalf, any such information which is in your account for the purposes of providing any services contemplated under this Agreement.
We reserve the right to waive any of the conditions in Clause 5.3 either generally or in specific instances.
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.
As part of the application process for employment with you, you may ask Candidates to participate in activities which you may customise such as video and audio interviews, psychometric assessments, and gaming tests, on the Platform. Candidates’ participation in these activities will be recorded, processed and analysed as Candidate Data by Interviewer.AI. Subject to Clause 6.2, you will have access to the relevant Candidate Data for the duration of your Subscription.
Notwithstanding that your Subscription may be ongoing, you will no longer have access to the relevant Candidate Data if:
the Candidate Profile is deleted or otherwise removed;
the Candidate’s account is deleted or otherwise removed; or
the Candidate withdraws from the application process with you.
We do not represent, endorse, or guarantee the accuracy, veracity, or reliability of Candidate Data. Any reliance on Candidate Data, whether for employment decisions or other purposes, will be at your own risk and discretion.
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.
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.
Subject to Clause 9 (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.
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.
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.
You acknowledge and understand that all User Content is the sole responsibility of the person from whom the User Content originated.
Any User Content that you upload or otherwise provide on or to the Platform may not contain:
keywords that are misleading, unreadable, hidden, repeated, or irrelevant to your job listing;
names, logos, or trademarks of unaffiliated persons, unless the necessary consent has been obtained from them; and
information that is false, misleading, or inaccurate.
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 10 (Personal Data).
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.
You will be invoiced according to your Subscription.
All amounts owed to us must be paid within the specified payment terms from the date of the invoice. All payments payable are exclusive of all applicable taxes, and all such applicable taxes are payable by you.
We reserve the right to suspend your account and job listings on any late payment.
Collection of Personal Data
We may collect Personal Data:
when you provide it to us;
automatically when users access or use the Platform; and
from third parties (whether or not through the Platform) but only where we have made reasonable efforts to verify that the third parties either have the individual’s consent or are otherwise legally permitted or required to disclose the Personal Data to us.
The Personal Data that we may collect includes, but is not limited to:
name, gender, nationality, country and city;
mailing address, telephone numbers, email address, and other contact details;
resume, educational and professional qualifications and certifications, and employment references;
employment and training history;
work-related health issues and disabilities;
photographs and videos;
usage data from your access and use of the Platform; and
interview recordings and information you provide in online assessments conducted using the Platform.
There may be situations in which you provide us with Personal Data for which we have not had the opportunity to obtain the necessary consent (e.g. you providing details of shortlisted applicants who have applied for employment with you outside the Platform, to conduct an assessment and/or interview on the Platform). In these situations, you represent and warrant that you have obtained the necessary consent and that the Personal Data has been collected by you is in accordance with applicable law, or that you are otherwise permitted by law to disclose the Personal Data to us.
Purpose of collecting and using Personal Data
Your Personal Data may be collected and used by us for the following purposes for which you hereby consent to:
to operate, maintain, enhance, develop, test, provide, and monitor the effectiveness of the Platform;
to verify your identity and manage your registration with the Platform;
to facilitate any job application process between you and a Candidate;
to personalise the Platform for your preferences and interests;
to respond to, handle, and process queries, requests, applications, complaints, and feedback from you;
to contact you for administrative purposes;
where in accordance with your preferences, to notify you of potential Candidates who may be suitable for your job listing(s);
to understand and analyse the usage trends, user preferences and interests;
to diagnose and troubleshoot errors on the Platform;
to detect and monitor illegal activity;
any other incidental business purposes related to or in connection with the above; and
where we are required to do so by law.
We may also disclose your Personal Data for the purposes specified in Clause 11.2.1 to the following persons:
employees of Interviewer.AI, but only where necessary for the performance of their duties;
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;
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
otherwise as permitted under any data protection legislation.
We will seek your consent where the collection, use, and disclosure of your Personal Data falls outside the scope of Clause 11.2.
The purposes listed in Clause 11.2 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).
Withdrawal of consent
The consent that you provide for the collection, use, and disclosure of your Personal Data in accordance with Clause 11.2 will remain valid until such time as it is withdrawn by you in writing.
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.
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 11.2.2.
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.
Access to and correction of Personal Data
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 11.8 below.
Please note that a reasonable fee may be charged for such request. We will inform you of the fee before processing your request.
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).
Retention of Personal Data
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.
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.
Security of Personal Data
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.
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.
You shall use reasonably appropriate administrative, physical, and technical measures to secure all storage and transmission of Personal Data which you have obtained from us from unauthorised access, collection, use, disclosure, copying, modification, disposal, or similar risks.
Transfer of Personal Data outside Singapore
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) of Singapore.
Data Protection Officer
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|
|Phone:||+65 9647 9354|
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.
You may create a link to the Platform subject to the following conditions:
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
you shall immediately comply with any request by us to remove the link.
The terms of this Agreement remain in full force and effect in accordance with your Subscription.
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.
Clauses 8 (Intellectual Property), 10 (Payment), 13 (Term and Termination), 14 (Limitation of Liability), 15 (Disclaimers), and 16 (Indemnity) inclusive remain in full force and effect even after you are no longer a user of the Platform.
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.
To the maximum extent permitted by law, we expressly exclude:
all conditions, warranties, and other terms that might otherwise be implied by law into this Agreement; and
any and all liability to you, whether arising from this Agreement or otherwise in connection with your access to and use of the Platform.
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 business opportunity or profits.
To the maximum extent permitted by law, our aggregate liability to you for all claims arising from your use of the Platform shall not exceed the payment made by you under your Subscription.
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 and Candidate Data for and in connection with such activities. It is your sole responsibility to comply with all applicable laws regarding your use of the Platform and Candidate Data for such activities, including but not limited to all applicable employment and hiring laws and regulations.
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.
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 any other users of the Platform.
Nothing on the Platform is considered our endorsement, representation, or warranty with respect to any user (including Candidates) or third party, whether of its reputation, websites, products, services, hiring, experience, ability, character, fitness, employment or recruiting practices, or otherwise.
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:
any content provided on or through the Platform;
any Personal Data provided to us in breach of the applicable data protection laws;
the use of the Platform or any content thereon, or Candidate Data;
any act, omission, or negligence that causes or results in Interviewer.AI being in breach of any applicable law; or
any breach of any term of this Agreement, whether by you or your affiliates, employees or agents.
We will provide you with notice of any such claim, action, or demand as soon as reasonably possible.
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.
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.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of one (1) arbitrator to be appointed by the chairman for the time being of the SIAC.
The language of the arbitration shall be English.
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.
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.
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.
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.
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.
If you have any questions, please contact us at firstname.lastname@example.org.
Latest update: May 10, 2020