Introduction

Jarvi develops and operates an applicant and talent management tool (ATS) 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’s conclusion. It should be noted that the term “software” refers to a computer program designed to be marketed to multiple users, offering them the same standard features. 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 owned by Jarvi Tech SAS and whose content is owned by the user.
• “Contract” refers to the contractual set consisting of this document and the Order Form.
• “User” refers to a user of the Jarvi solution and all users associated with their entity.
• “Jarvi” refers to the software published by Jarvi Tech SAS.

Services

Jarvi Tech SAS provides users with access to the Application in SaaS mode 24/7, subject to interruptions for maintenance, outages, 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 them during the setup of their Jarvi account. They are confidential, unique to each license, and personal. The password can be changed by the user through the account management interface integrated into the Application. The Client agrees to maintain the confidentiality and security of the access credentials to ensure that only they can use the Application and access the Jarvi Platform, excluding any third party. In case of accidental (loss, theft, etc.) or intentional disclosure, the user agrees to inform Jarvi Tech as soon as they become aware, either by phone or by registered mail with acknowledgment of receipt.

Authentication of the user using their username and password conclusively attributes any operations carried out with this username to the user.

Obligations of Jarvi Tech SAS

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

Jarvi Tech SAS agrees to comply with all applicable regulations regarding the protection of personal data, particularly the provisions of the amended law n° 78-17 on data processing, files, and freedoms. The Client acknowledges their responsibilities as the data controller, especially 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 in advance. This list is not exhaustive, and it is the user’s responsibility to ensure compliance with the aforementioned regulations, particularly 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 the meaning of law n° 78-17 and Regulation (EU) 2016/679, Jarvi Tech further commits to:

• Only process personal data under documented instructions from the user, the data controller. Ensure that individuals authorized to process personal data under the Contract are committed to confidentiality or are under an appropriate legal obligation of confidentiality;
• Take all measures required under Article 32 of Regulation (EU) 2016/679, including:
• Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk;
• Ensure that any natural person acting under its authority, having access to personal data, does not process them except on instructions from the user, unless required by French or European Union law.
• Assist the user, as far as possible, in fulfilling their obligation to respond to requests from data subjects to exercise their rights (right of access, rectification, erasure, and objection, right to restriction of processing, right to data portability, right not to be subject to automated individual decision-making, including profiling). If a data subject directly contacts Jarvi Tech to exercise their rights, Jarvi Tech will forward this request to the user immediately upon receipt, via email;
• Assist 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 prior consultation with the Commission nationale de l’informatique et des libertés (CNIL); At the user’s choice, delete all personal data at the end of the Contract, or return them and destroy existing copies, unless French or European Union law requires the retention of personal data;
• Provide 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 another auditor they have appointed, and contribute to these audits. In this regard, Jarvi Tech will immediately inform the user if an instruction from the latter 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 of this data breach as soon as possible and providing the user with all information to enable them to meet 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 in 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;
• As far as 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 confirms that they have ensured the Application meets their needs and that they have the prerequisites described in the Order Form. The Client declares they are trained in using the Application and basic Internet technologies. The Client agrees to:

• Accurately provide all necessary information for the execution of the Contract, taking full responsibility for it, and guarantees the accuracy of this information. They commit to notifying Jarvi Tech SAS of any changes to this information;
• Pay the contractual fee under the conditions set out in the “Financial Conditions” section;
• Not use the Application in a way 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 commit not to store data on the Platform that contains or may contain viruses, or that is illegal, contrary to public decency, or infringes on the rights of third parties, especially intellectual property rights.
• Consequently, the user is responsible for any damage these data or they themselves may cause to Jarvi Tech, a third party, the Platform, or the Application, and indemnifies Jarvi Tech against any claims that may be made against it by a third party due to these data.
• Comply with personal data protection regulations for all information stored in their Jarvi space.

Intellectual Property

Jarvi ensures 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 could directly or indirectly infringe on the intellectual property rights of 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, starting from the connection from the user’s premises to Jarvi’s Platform, and exclusively for the use of the Application’s features 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 become aware of and comply with all the terms of use of the Application communicated to them, regardless of their format. 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 into other languages of the Application;
• any decompilation of the Application, except as expressly permitted by law;
• any use for processing 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 could 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 through the Jarvi hotline, which is accessible by phone on business days from Monday to Friday, 9 AM to 7 PM, except on any general closure days of Jarvi Tech SAS, or via email. Jarvi commits to addressing requests made to the hotline within a maximum of 24 business hours.

• To this end, the user will designate an individual as the point of contact. Technical support covers:
• questions about using the Jarvi solution,
• reporting issues with 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. Upon acceptance of the quote, 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 following the contract signing and the contract anniversary date. In case of a dispute regarding the amount or nature of the billed services, the user must notify this dispute and their 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 solely by the 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 a termination of the contract, but without prejudice to Jarvi Tech SAS’s right to terminate the Contract in accordance with the “Duration” article.

Responsibilities and Obligations of Jarvi TECH SAS

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

This Agreement becomes effective on the date the purchase order is issued, 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 the GDPR, regarding 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 available 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.

Feature List: 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 through 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 Synchronization: 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 privacy 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.