Terms of Use

1. Definitions

Platform: the pre-hire.com website and the PreHire application.

Services: all the features made available to the Customer by the Platform, including the creation of job postings, AI-assisted analysis of CVs, the sending of invitations to candidates, the collection and analysis of video responses, and application tracking.

Account: the Customer’s personal space allowing them to access the Services.

Candidate: any person invited by the Customer to take part in a pre-selection process via the Platform.

Candidate Data: all personal data relating to Candidates, processed by PreHire on behalf of the Customer in its capacity as processor within the meaning of the GDPR.

Overflow credit: units allowing the processing of candidates beyond the monthly quota included in the subscription, reserved for accounts holding an active subscription.

Trial period: a free period of seven (7) days, with unlimited interviews and analyses, offered to the Customer upon activation of their session, with no commitment and no entry of a payment method.

2. Purpose

The purpose of these Terms of Use is to define the conditions under which the Customer may access and use the PreHire Platform to carry out its candidate pre-selection operations.

The applicable financial terms are set out in separate Terms of Sale. The arrangements for processing Candidate Data are set out in a Data Processing Agreement (DPA).

3. Account creation and management

3.1 Creation

Creating an account is free and requires the provision of the following information:

• First and last name of the representative
• Professional email address
• Company name
• A password meeting the security requirements displayed

The Customer warrants the accuracy of the information provided and undertakes to keep it up to date.

3.2 Email verification

Activation of the account is subject to verification of the email address provided via a link sent by PreHire.

3.3 Security of credentials

The Customer is solely responsible for the confidentiality of its credentials. It undertakes to notify PreHire without delay of any unauthorized use of its account or of any security breach.

PreHire may not be held liable for the consequences resulting from fraudulent use of the account by a third party who has obtained the Customer’s credentials.

3.4 Multi-user accounts

Depending on the plan subscribed to, the Customer may invite collaborators to access the account with differentiated roles. The Customer remains responsible for the actions carried out by the users it has invited.

4. Use of the Services

4.1 Customer’s commitments

The Customer undertakes to use the Platform:

• in compliance with applicable laws and regulations, in particular with regard to labour law, non-discrimination and the protection of personal data;
• exclusively as part of a legitimate pre-selection process for genuinely available positions or to build a talent pool with information provided to Candidates;
• without infringing the rights of third parties, in particular those of Candidates.

4.2 Information and transparency towards Candidates

The Customer undertakes to inform each Candidate, prior to their participation in the process, in accordance with Articles 13 and 14 of the GDPR and the obligations arising from Regulation (EU) 2024/1689 on artificial intelligence (AI Act). PreHire makes available a template Candidate information notice that the Customer may adopt or supplement.

The Customer is solely responsible for the compliance of its own HR processes and of the information communicated to Candidates.

4.3 Prohibited use

The Customer is strictly prohibited from:

• using the Platform for discriminatory purposes, in particular within the meaning of Articles L.1132-1 and L.1142-1 of the French Labour Code;
• making a final decision (rejection, hiring) based exclusively on the algorithmic scoring provided by PreHire;
• creating fake Candidate profiles or simulating recruitment processes;
• diverting the Platform from its intended purpose, in particular for commercial, marketing or surveillance profiling purposes;
• extracting data from the Platform on a massive scale by unauthorized automated means;
• attempting to circumvent security measures, overload the Platform or introduce malicious code;
• harming PreHire’s reputation;
• reselling, sublicensing or making the Services available to third parties without PreHire’s prior written authorization.

4.4 Customer’s liability as data controller

The Customer is the sole data controller (within the meaning of the GDPR) of the Candidates’ data that it introduces or has processed on the Platform. PreHire acts in its capacity as processor.

In this respect, the Customer undertakes to:

• define a lawful, explicit and specified purpose;
• identify an appropriate legal basis (pre-contractual measures, legitimate interest, consent where applicable);
• comply with the data minimization principle;
• define a justified retention period, within the limits of the CNIL recommendations (2 years after last contact for unsuccessful Candidates, unless otherwise justified);
• handle requests to exercise rights from Candidates.

5. Role of artificial intelligence

5.1 Nature of the algorithmic assistance

PreHire incorporates artificial intelligence components designed to assist the Recruiter in their pre-selection work. This assistance consists in particular of:

• extracting the structured information contained in CVs;
• proposing an indicative match score between an application and a job posting;
• automatically transcribing Candidates’ video responses;
• proposing an indicative score of the responses against the criteria defined by the Recruiter.

5.2 Human decision

The AI implemented by PreHire is a decision-support tool. It does not make autonomous decisions concerning Candidates. The decision to retain, reject or contact a Candidate rests exclusively with the Recruiter.

The Customer expressly acknowledges this allocation and undertakes to maintain effective human oversight over the entire process, in accordance with the obligations arising from the AI Act and the GDPR (Article 22).

5.3 No biometric or emotional analysis

The Platform analyzes exclusively the textual content of CVs and transcribed responses. It performs no biometric analysis, no analysis of facial expressions, tone of voice, prosody or the emotional state of Candidates.

5.4 Location of AI models

For the AI processing applied to Candidate Data, PreHire undertakes to use only models hosted within the European Union.

6. Service availability

6.1 Best-efforts obligation

PreHire undertakes to make every effort to ensure continuous access to the Platform. This is a best-efforts obligation, not an obligation of result.

6.2 Maintenance

PreHire reserves the right to temporarily interrupt access to the Platform in order to carry out any maintenance operation. PreHire will endeavour to carry out such interruptions during off-peak hours and to notify the Customer in the event of prolonged maintenance.

6.3 Force majeure

PreHire may not be held liable for any unavailability resulting from an event of force majeure, the act of a third party, a failure of telecommunication networks or a legitimate security operation.

7. Intellectual property

7.1 Ownership of the Platform

The Platform, its interfaces, its code, its databases, its distinctive signs and all of its components are the exclusive property of PreHire or its licensors.

These Terms of Use effect no transfer of intellectual property rights to the benefit of the Customer. Only a personal, non-exclusive, non-transferable right of use, limited to the duration of use of the Services, is granted to the Customer.

7.2 Ownership of the Customer’s content

The Customer retains ownership of the content it publishes on the Platform (job postings, criteria, custom questions, etc.).

The Customer grants PreHire a non-exclusive, worldwide license, limited to the duration of use of the Services, allowing PreHire to store, display and process this content solely for the purpose of providing the Services.

7.3 Candidate Data

The Candidate Data processed by the Platform is governed by the DPA (Data Processing Agreement). PreHire claims no rights over this data and does not use it for any purpose other than providing the Services to the Customer.

7.4 No use for training AI models

PreHire undertakes not to use the Customer’s content, the Candidate Data, the CVs, the video responses or their transcriptions to train, retrain or improve artificial intelligence models, whether developed by PreHire or by its processors.

8. Liability

8.1 Limitation of liability

To the fullest extent permitted by law, PreHire’s liability is limited to direct and foreseeable damage, to the exclusion of any indirect damage, in particular:

• loss of revenue or margin;
• loss of opportunity, including loss of a recruitment opportunity;
• loss of productivity;
• commercial harm or damage to image;
• loss of data recoverable from backups.

The total cumulative amount of PreHire’s liability under these Terms of Use and the Terms of Sale may not exceed, per calendar year, the greater of:

• the total amount paid by the Customer to PreHire over the twelve (12) months preceding the triggering event;
• one thousand (1,000) euros.

The following are expressly covered by this limitation, without any derogation being possible:

• software bugs, defects, errors or regressions;
• occasional malfunctions of the service;
• temporary unavailability or outages;
• losses of data recoverable from backups;
• the consequences of faulty interoperability with third-party systems;
• any damage resulting from use not compliant with the Terms of Use by the Customer or by Candidates.

8.2 Exclusions

No limitation applies in the event of:

• gross or intentional fault by PreHire;
• bodily injury;
• deliberate breach of mandatory obligations regarding the protection of personal data;
• any other case where the limitation would be deemed unwritten by law.

8.3 Customer’s liability

The Customer is solely responsible for the consequences resulting from:

• the use it makes of the Services;
• the recruitment decisions it makes;
• compliance with labour law and non-discrimination;
• the information communicated to Candidates;
• the accuracy of the data it introduces into the Platform.

9. Suspension and termination

9.1 Immediate suspension

PreHire may suspend access to the account without notice in the event of:

• serious breach of these Terms of Use;
• manifestly unlawful or fraudulent use;
• persistent non-payment of amounts due;
• endangerment of the security of the Platform or of other users.

9.2 Termination by the Customer

The Customer may terminate its account at any time from its interface or by writing to support@pre-hire.com. The financial terms applicable to termination are defined by the Terms of Sale.

9.3 Termination by PreHire

PreHire may terminate the Customer’s account upon thirty (30) days’ notice given by email, without having to justify any particular reason. Termination for breach remains governed by Article 9.1.

9.4 Effects of termination

• the Customer loses access to its account and to the Services;
• the Customer’s account data is retained for thirty (30) days, then permanently deleted;
• the Candidate Data is returned or deleted in accordance with the arrangements defined in the DPA.

10. Personal data

The personal data relating to the Customer’s account (representative, users, billing data) is processed by PreHire in its capacity as data controller, under the conditions detailed in the Privacy Policy.

The Candidate Data is processed by PreHire exclusively in its capacity as the Customer’s processor, under the conditions detailed in the DPA.

11. Amendments to the Terms of Use

PreHire may amend these Terms of Use at any time. Amendments are notified to the Customer by email with thirty (30) days’ notice before they take effect.

Failing written objection before they take effect, the new Terms of Use are deemed accepted. In the event of refusal, the Customer may terminate its account free of charge before they take effect.

12. Assignment

The Customer may not assign these Terms of Use to a third party without PreHire’s prior written consent.

PreHire may assign these Terms of Use as part of a restructuring, merger, asset transfer or similar transaction, subject to notifying the Customer.

13. No waiver and severability

The fact that PreHire does not avail itself of a breach by the Customer of any of the obligations arising from these Terms of Use may not be construed as a waiver of its right to avail itself thereof at a later date.

If any provision of these Terms of Use is declared void, unlawful or unenforceable, the other provisions remain in full force and effect.

14. Governing law and jurisdiction

These Terms of Use are governed by French law.

Any dispute relating to their interpretation, performance or termination shall be submitted to the competent courts within the jurisdiction of Lille, notwithstanding a plurality of defendants or third-party proceedings.

For professional Customers, the competent jurisdiction is that of the Commercial Court of Lille Métropole.

15. Contact

• Support: support@pre-hire.com
• Privacy: privacy@pre-hire.com
• DPO: dpo@pre-hire.com
• Phone: +33 9 80 40 06 22