CGU
TERMS AND CONDITIONS OF USE OF THE ”KELIO ATS SERVICE”
Latest update: 07/10/2024
Introduction
KELIO (hereinafter referred to as “the Company”) is a simplified joint stock company with its registered office located on Boulevard du Cormier, listed in the Angers Trade and Companies Register under the number 538 209 594.
These Terms and Conditions of Use (“T&Cs”) apply and are deemed to have been accepted by anyone accessing the Solution and/or using all or part of the Kelio ATS services offered by the Company, free of charge or for a fee.
The T&Cs define the legal framework for the use You make of the Kelio ATS Solution and the relationships that may be established between You and the Company. These T&Cs also contain information regarding the rights of Recruiters and Applicants and the restrictions to these rights imposed by laws or regulations.
The T&Cs are available at all times by clicking a direct link at the bottom of each page of the Solution.
Kelio ATS is an innovative recruitment Solution. The Company publishes the service to manage applications, employer brand and multi-posting. The Kelio ATS website is hosted by Heroku Inc. Users’ personal data is stored exclusively in Member States of the European Union in data centres (“clusters”) belonging to Amazon Inc., whose registered office is at 10 Terry Avenue North, Seattle, WA.
The Company can be contacted at the address given at the top of these T&Cs, or by email at the following address: kelio.com
1. Definitions
In the T&Cs, words or expressions beginning with a capital letter have the following meaning:
- Applicant: any natural person with a User Account;
- Intellectual Property Rights: all literary and artistic property rights (copyright and similar rights), industrial property rights (trademarks, designs and models, and patents) provided for in the French Intellectual Property Code and in international treaties;
- Account or User Account: the private area of the Recruiter or Applicant, which can only be accessed after creating an identifier and password;
- Recruiter: any recruitment company or agency with a User Account;
- Offer: an advertisement posted by a Recruiter, under its responsibility, relating to a freelance assignment, a temporary assignment, an internship, a work-study course, a work experience contract, a fixed-term contract or a permanent contract;
- Solution: the online SaaS (software as a service) application;
- Service: all functionalities available to the User.
- Site: all structural components of the Website accessible at kelio.com as well as all the content created (graphic charter, frames, banners, flash and video animations, source code, HTML code, programming…);
- User or You: a Recruiter or Applicant, without distinction.
2. Subject and scope
Kelio ATS is an innovative recruitment tool that connects Applicants and Recruiters.
By creating an Account, the Applicant can reply directly to an Offer.
Kelio ATS also enables Applicants to find out about the Recruiter’s company, to be assessed based on information provided to the Recruiter and to provide a video pitch to support their application. Applicants can also upload their CVs in support of their application. All information provided by the Applicant (questionnaire, video pitch and CV) is sent to the Recruiter, who may contact Applicants directly if their profile matches.
To benefit from the full functionality of the Solution and Services, Recruiters must first establish a specific contract with the Company.
3. Creating a User Account
3.1 Registration
When registering, the User is asked to create an identifier and password. Once the User Account has been definitively validated by the Company, You will receive a confirmation email. You can then access the Services.
Each time the Solution is used, Users must systematically enter their identifier and password, which they must keep secret. These identifiers are non-transferrable and for strictly personal use. Users must ensure that their identifiers are not used or likely to be used by third parties. As such, the User undertakes to keep them apart. You will find more details in the “security” clause below concerning the precautions to be taken to preserve the confidentiality of identifiers.
3.2 User obligations
In general, Users guarantee the accuracy of all the information they provide and undertake to notify the Company immediately of any changes by updating their User Account.
Any erroneous information, in particular as regards the identity of the Applicant or the structure of the Recruiter’s business, shall be considered a serious breach of the T&Cs and shall entitle the Company to suspend or terminate the Account of the User concerned under the conditions set out in the clause “Cancelling a subscription – Suspension – Account Deletion”. In this case, the content that You have posted and Your information will no longer be accessible.
4. Information – Editorial content – Guarantees
4.1 Company role
The Company acts simply as a technical intermediary providing the Solution. In principle, no checks will be carried out on the content posted by Users.
Consequently, Users are solely responsible for the content posted using the Solution, in particular via their User Account and/or the Offers.
The Services enable Recruiters looking for new human resources to be put in touch with Applicants looking for a job, an internship or work experience. As such, the Company cannot take part in establishing a contract between an Applicant and a Recruiter.
Nor is the Company a recruitment or temporary employment agency. The Recruiter and Applicant thus contract directly with each other. Under no circumstances may the Company be held liable towards the Recruiter and/or Applicant. It is thus Your responsibility to check that our Services are suited to Your needs.
4.2 User commitments
The User undertakes to comply with the laws and regulations in force, not to infringe the rights of third parties, and not to indulge in disorderly conduct…
4.3 User guarantees
- That they are the sole owners of the content posted and entitled to grant a licence to the Company,
- That their post does not infringe any protected rights…
- That they will not use content that may cause harassment, incite hatred, depict pornography, solicit funds for unlawful activities, promote illegal copying, transmit spam, encourage crime, etc.
All Users are invited to report any abusive or unlawful content to: dpo@kelio.com
5. Presentation of Services offered to Applicants
5.1 Access to Recruiter’s Offers
Once their User Account has been validated, Applicants will have access to all Recruiters’ Offers and presentation videos…
5.2 Apply for an Offer
Kelio ATS invites Applicants to enter information about their career and studies…
6. Cancelling a subscription – Deletion – Suspension
Users may delete their Accounts at any time using the option available…
7. Technical prerequisites – Security – Internet use
Although the Solution is optimised for use on most terminals…
8. Liability – Claims
The Company cannot be held liable for the content posted by Users and does not give any warranties…
9. Intellectual Property
“KELIO” and all associated logos are registered trademarks over which the User has no rights…
10. Image rights
By using the Service, Applicants agree to transfer their image rights. This transfer is made for recruitment purposes only.
11. Personal data
The Company attaches great importance to the protection of personal data…
Use and transmission of Your personal data
To ensure the functioning of the Solution, the Company must carry out the necessary processing…
Transfer of Your personal data to subcontractors
- Camera Tag: Recording and coding of Applicants’ pitch videos…
- Intercom: Support management tool…
- Filestack: Downloading and processing images…
- Big Query and Looker Studio: Processing and displaying statistics…
Hosting of the Solution
The Solution is hosted by Heroku Inc. Users’ personal data is stored exclusively in the EU…
Right to access, delete and modify personal data
In accordance with the regulations in force, Users have rights of access, rectification, deletion, opposition…
12. Cookie management
When You browse the Site, cookies are placed on Your browser…
13. Account Security
Users are strongly advised to regularly change their password…
14. End of the Services
The Applicant can unsubscribe to the Services at any time directly online…
15. Force majeure
The Company cannot be held liable, or considered to have failed in its obligations under these T&Cs, for any non-performance linked to a case of force majeure…
16. Entirety of agreement
The provisions of these T&Cs express the entire agreement between Users and the Company…
17. Non-waiver clause
The fact that one of the parties has not required the application of any given clause shall not be considered a waiver…
18. Null or Void provisions
If one or more provisions of these T&Cs is held to be null or void…
19. Changes to the T&Cs
The Company may modify these T&Cs at any time. These changes are binding as soon as they are posted online…
20. Jurisdiction – Applicable law
The T&Cs and all relations with Users are governed by and interpreted in accordance with French law…
Mediation and disputes – Applicants
In the event of a difference or dispute arising from the use of the Solution, Applicants may submit it for mediation…
Mediation and disputes – Recruiters
If an amicable solution cannot be found, any dispute arising will be submitted to the Commercial Court of Angers…