Introduction

Jarvi produces and operates an applicant tracking system (ATS) tool, aimed at helping our users find their next employees.

Definitions

In this document, words or expressions starting with a capital letter will have the following meanings:

• “Application” refers to the Jarvi software, developed and published by Jarvi Tech SAS and chosen by the user at the time of the Contract conclusion. It is specified that the term “software” means a computer program designed to be marketed to multiple users, offering them the same functionalities in a standard way. The Application is made available to the user through a connection to the Platform via the Internet.
• ”Database” refers to all the data, organized for use by the Application, whose structure is the property of Jarvi Tech SAS and whose content is the property of the user.
• ”Contract” refers to the contractual set constituted by this document and the Order Form.
• ”User” refers to a user of the Jarvi solution and all users attached to their entity.
• ”Jarvi” refers to the software published by Jarvi Tech SAS

Services

Jarvi Tech SAS provides the user with access to the Application in SaaS mode 24/7, subject to interruptions for maintenance, breakdowns, or external failures beyond Jarvi’s control. These temporary interruptions will not entitle the user to any compensation. The license to use the Application granted under this Agreement is for the user’s sole use. The user’s username and password are chosen by the user when setting up their Jarvi account. They are confidential, unique to each license, and personal. The password can be changed by the user through the management interface of their Jarvi account integrated into the Application. The Client agrees to ensure the confidentiality and security of the access system so that only they can use the Application and access the Jarvi Platform, excluding any third party. In case of accidental (loss, theft, etc.) or voluntary disclosure, the user agrees to inform Jarvi Tech as soon as they become aware of it, by phone or by registered letter with acknowledgment of receipt.

The user’s authentication using their username and password irrefutably attributes the operations carried out using this username to the user.

Obligations of Jarvi Tech SAS

Jarvi Tech SAS commits to employing all human and technical resources necessary to provide the services outlined in this Contract.

Jarvi Tech SAS agrees to comply with all applicable regulations regarding the protection of personal data, including the provisions of the amended law n° 78-17 on data processing, files, and freedoms. The Client acknowledges their responsibilities as the data controller, particularly their potential obligations to maintain a record of processing activities, appoint a data protection officer, notify in case of data breaches, conduct privacy impact assessments, or consult with the supervisory authority. This list is not exhaustive, and it is the Client’s responsibility to stay informed and ensure compliance with the aforementioned regulations, especially obtaining consent from individuals whose private data is recorded by the Client in Jarvi. The Client agrees to fulfill their obligations. Jarvi Tech cannot be held liable in any case.

Jarvi Tech SAS commits to maintaining the confidentiality of personal data processed under this Contract. As a “processor” under law n° 78-17 and Regulation (EU) 2016/679, Jarvi Tech further commits to:

• processing personal data only on documented instructions from the user, the data controller, within the scope of this Contract;
• ensuring that individuals authorized to process personal data under the Contract are committed to confidentiality or are under an appropriate legal obligation of confidentiality;
• taking all measures required under Article 32 of Regulation (EU) 2016/679, including:
  • implementing appropriate technical and organizational measures to ensure a level of security appropriate to the risk;
  • ensuring that any individual acting under its authority who has access to personal data does not process it except on instructions from the user, unless required to do so by French or European Union law.
• assisting the user, as far as possible, in fulfilling their obligation to respond to requests from individuals exercising their rights (right of access, rectification, erasure, and objection, right to restrict processing, right to data portability, right not to be subject to automated individual decision-making, including profiling). If an individual contacts Jarvi Tech directly to exercise their rights, Jarvi Tech will forward the request to the user immediately upon receipt via email;
• assisting the user in ensuring compliance with personal data protection regulations, particularly the obligations set out in Articles 32 to 36 of Regulation (EU) 2016/679, considering the nature of the processing and the information available to Jarvi Tech, including assisting the user, if necessary and upon request, in fulfilling their obligations arising from conducting data protection impact assessments and consulting with the Commission nationale de l’informatique et des libertés (CNIL);
• at the user’s choice, deleting all personal data at the end of the Contract or returning it to the user and destroying existing copies, unless French or European Union law requires the retention of personal data;
• providing the user with all necessary information to demonstrate compliance with the obligations set out in this Article and to allow for audits, including inspections, by the user or an auditor appointed by the user, and contributing to these audits. In this regard, Jarvi Tech will immediately inform the user if an instruction from the user would, in its opinion, constitute a violation of personal data protection regulations.
• If Jarvi Tech becomes aware of a personal data breach under the Contract, it commits to notifying the user as soon as possible and providing the user with all information necessary to fulfill their own obligations.
• Jarvi Tech SAS commits to ensuring that individuals authorized to participate in personal data processing operations under the Contract are aware of and receive appropriate training on personal data protection.

Jarvi Tech SAS declares that it maintains a record of all categories of processing activities carried out on behalf of the user, including:

• the name and contact details of the processor(s) and, where applicable, the names and contact details of the user’s or processor’s representative and their data protection officer, if any;
• the categories of processing carried out on behalf of the user;
• where applicable, transfers of personal data to a third country or an international organization, including the identification of that third country or international organization and, in the case of transfers referred to in Article 49(1), second subparagraph, of Regulation (EU) 2016/679, the documentation of appropriate safeguards;
• where possible, a general description of the technical and organizational security measures referred to in Article 32(1) of Regulation (EU) 2016/679.
• Any service not expressly provided for in the Contract, such as training, data migration, etc., must be subject to a separate contract based on a quote established according to Jarvi Tech’s current rates.

User Obligations

The Client declares that they have ensured the Application meets their needs and that they have the prerequisites described in the Order Form. The Client declares that they are trained in the use of the Application and basic Internet technologies. The Client agrees to:

• accurately provide, under their full responsibility, all necessary information for the execution of the Contract, and guarantees the accuracy of this information. In this regard, they agree to notify Jarvi Tech SAS of any changes to this information;
• pay the contractual fee under the conditions set out in the “Financial Conditions” article;
• not use the Application in a manner that could harm the proper functioning or security of the Platform; and not use the platform beyond reasonable limits (< 800 file parsings/month/license, 10,000 profiles per license);
• respect the intellectual property rights of Jarvi Tech;
• ensure that the data transferred to the Platform does not harm the proper functioning of the Platform or the Application. In particular, they agree not to store data on the Platform that contains or may contain viruses; or that is illegal, contrary to good morals, or infringes on the rights of third parties, especially intellectual property rights.
• Consequently, the user is responsible for any damage that this data or they themselves may cause to Jarvi Tech, a third party, the Platform, or the Application and guarantees Jarvi Tech against any claims that may be made against it by a third party due to this data.
• Comply with personal data protection regulations for all information stored in their Jarvi space.

Intellectual Property

Jarvi guarantees that it holds the intellectual property rights to the Application, as well as the structure of the Database specific to the Application, in accordance with the provisions of the Intellectual Property Code. No transfer of ownership rights to the aforementioned elements is made to the user under the Contract. In particular, the Contract does not grant the user any rights to the source code of the Application. Jarvi holds the intellectual property rights to the software programs that may be automatically downloaded onto the user’s machines during the use of the Application. These programs, although not executed on Jarvi’s Platform, are an integral part of the Application and are protected in the same way. As a result of the above, the user is prohibited from any act or behavior that may directly or indirectly infringe on the intellectual property rights to the Application, as well as the associated trademarks. In particular, the user is prohibited from infringing on Jarvi’s intellectual property rights to the software programs mentioned in the previous paragraph. Under the Contract, Jarvi grants the user, who accepts, a non-exclusive and non-transferable right to use the Application for the duration of the Contract, and solely for the user’s own needs. The right to use is exercised by remote access, via the Internet, from the user’s premises to Jarvi’s Platform, and exclusively for the use of the Application’s functionalities as described in the Order Form. The right granted to the user is subject to the full payment of the fee provided for in the “Financial Conditions” article. The Client agrees to read and comply with all the terms of use of the Application communicated to them, regardless of the medium. Any use not expressly authorized by Jarvi under these terms is unlawful, in accordance with the provisions of Article L.122-6 of the Intellectual Property Code. The Client is therefore prohibited from:

• any reproduction, representation, dissemination, or distribution of all or part of the Application, whether for a fee or free of charge;
• any form of use of the Application, in any way, for the purpose of designing, creating, disseminating, or marketing similar, equivalent, or substitute products or services;
• adapting, modifying, transforming, or arranging the Application for any reason;
• any direct or indirect transcription, any translation of the Application into other languages;
• any decompilation of the Application, except as expressly provided by law;
• any use for a purpose not authorized by Jarvi;
• any modification or circumvention of protection codes such as, in particular, Identifiers and passwords;
• any unauthorized attempt to intrude on the Platform.
• The Client is prohibited from developing software that may directly or indirectly compete with the Application.
• The Client is prohibited from allowing, directly or indirectly, the use of the Application by unauthorized persons.

Support and Maintenance

Jarvi will provide support and both corrective and evolutionary maintenance services for the Jarvi solution. It is expressly agreed that support and maintenance requests must be made by the user to the Jarvi hotline, accessible by phone on business days from Monday to Friday, from 9 AM to 7 PM, except on general closure days of Jarvi Tech SAS, or by email. Jarvi commits to addressing requests made to the hotline within a maximum of 24 business hours.

• To this end, the user will designate a physical person as the point of contact. Technical support covers:
• questions about using the Jarvi solution,
• reporting anomalies in the Jarvi solution,
• reviewing requests for enhancements,
• business advice on the features available in Jarvi

Financial Terms

The provisions of this Article apply unless otherwise specified in the Order Form. After the quote is accepted, Jarvi Tech SAS will issue an invoice on the first day of each period corresponding to the usage fee for the Application and access to the Platform. For an annual license, the invoice is issued each year on the anniversary date of this contract. For a monthly license, the invoice is issued each month on the monthly anniversary date of this contract. Payment will be made by automatic debit within 5 days from the invoice date, from the bank account details provided by the user when signing the order form. The amount of this fee may be modified by Jarvi Tech SAS after the later of 12 months from the contract signing date and the contract anniversary date. In case of a dispute over the amount or nature of the billed services, the user must notify this dispute and provide explanations by registered letter with acknowledgment of receipt, before the 10th of the month of the invoice issuance. Any dispute raised after this date will be inadmissible. Any late payment will automatically and without prior notice, incur late payment interest at a rate equal to three times the legal interest rate, as well as a fixed recovery fee of forty euros. The interest and fee are due by the sole fact of the due date, without prejudice to the right to terminate the Contract. In case of non-payment, even partial, of any invoice by its due date, Jarvi Tech SAS reserves the right to suspend all access to the Application until full payment of the amounts due is received, without refund or compensation, and without this suspension being considered as a termination of the contract, but without prejudice to Jarvi Tech SAS’s right to terminate the Contract in accordance with the article “Duration”.

Responsibilities and Obligations of Jarvi TECH SAS

Jarvi Tech SAS reserves the right to modify these terms at any time. These changes will be notified to the User by Jarvi Tech through any written means (such as mail, email, publication on a website…), and will take effect one (1) month after notification.

This Agreement comes into effect on the date of issuance of the purchase order, subject to signature.

Confidentiality and Data Management (GDPR)

Your privacy is important to us. Jarvi’s policy is to respect your privacy and comply with all applicable laws and regulations, including GDPR, regarding the personal information we may collect about you, including on our website, application, extension, or any service we operate.

You have reviewed the detailed personal data management policy at this address: https://www.jarvi.tech/privacy-policy

Google Application

The Jarvi application uses and transfers information received from Google APIs to any other application in accordance with the Google API Services User Data Policy, including the Limited Use requirements.

List of Features: Google Authentication and Calendar Integration

Google Authentication:

• Connect your Google account to the app.
• Access basic information from your Google account, such as your name and email address.
• Securely authenticate your identity for personalized features and preferences.
• Access profile and contact information via the People API.

Google Calendar Integration:

• Synchronization: Sync events between the app and your Google Calendar for seamless organization.
• Task Analysis: Analyze Google Calendar events within the app to identify the status of your conversations.
• Appointment Management: Create or modify appointments linked to your Google Calendar.

Email Access (if applicable):

• Gmail Sync: With your permission, the app can access your emails for specific features, such as reading or sending emails on your behalf.
  • Your explicit consent is required before the app can access your inbox or send emails on your behalf.
  • We prioritize the security and confidentiality of your emails and will only use these permissions for the specified features.

By using these features, you agree to provide the app with access to your Google account, calendar data, and, if applicable, your emails. We recommend reviewing the Google API Services User Data Policy for more detailed information.