User Terms and conditions

Platform Terms and Conditions

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS PLATFORM WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS CLICK ON THE "REJECT" BUTTON BELOW.

WHO WE ARE
We are Hinterview Limited, a company registered in England with company number 09925360 whose registered office is at 65 St Paul’s Churchyard, London EC4M 8AB (we, us or our). We own the rights to the Hinterview mobile application software or web-page (Platform).

WHAT THIS END-USER LICENCE COVERS
We license you to use the Platform and any updates or supplements to it, which allows users to record, upload and share video interviews as permitted in these terms. The principal feature and purpose of the Platform is to allow the recording of an interview (Recorded Interview) with a recruitment consultant or agent (Agent), which the Agent will use to promote potential candidates for employment or engagement by a third party. The use of the Recorded Interview is governed by the agreement between Agents and potential candidates. Hinterview is not a party to, and takes no responsibility for, such agreement or your Agent’s compliance with it.

Further information about the Platform is available on the Hinterview website at https://hello.hinterview.com.

THE APPSTORE’S TERMS ALSO APPLY
If you using an iPhone, iPad, laptop, desktop, android mobile, android tablet or other similar device (Device) to record and upload the video interview, the ways in which you can use the Platform may also be subject to the Appstore's rules and policies.

OPERATING SYSTEM REQUIREMENTS
To conduct the video interview using a Device, the Platform requires the Device to run iOS 14 or above.

SUPPORT AND HOW TO TELL US ABOUT PROBLEMS
If you want to learn more about the Platform or have any problems using it please take a look at the support resources at www.hinterview.com.
Contacting us (including with complaints). If you think the Platform is faulty or mis-described or wish to contact us for any other reason please email us at info@hinterview.com.

HOW WE WILL COMMUNICATE WITH YOU

‍If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

HOW YOU MAY USE THE PLATFORM
You may download or stream a copy of the Platform and view, use and display the Platform for your personal purposes only. You may only use the Platform on a single Device at any one time.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE PLATFORM
You must be 18 or over to accept these terms and download/use the Platform.

YOU MAY NOT TRANSFER THE PLATFORM TO SOMEONE ELSE
You may not transfer the Platform to someone else, or permit someone else to use the Platform, whether for money, for anything else or for free. If you sell or otherwise dispose of any Device on which the Platform is installed, you must remove or uninstall the Platform from it.

CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.We will give you notice of any change by sending you an SMS or email with details of the change or notifying you of a change when you next start the Platform.If you do not accept the notified changes you will not be permitted to continue to use the Platform.

UPDATES TO THE PLATFORM
From time to time we may automatically update the Platform to correct errors, improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may send you a “patch” or other update and ask you to install it on the Device for these reasons.

IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING
If you download or stream the Platform onto any Device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the Device.

YOUR PRIVACY
We take your privacy and your rights as a data subject very seriously. For the purposes of the applicable data protection legislation, we are the data processor and the Agent is the data controller. Hinterview’s general privacy terms apply in relation to the data we process about you, but as a user of our Platform, there are some additional points to note.

In addition to the data gathered by the aforementioned privacy terms, when you register to use the Platform, we will collect from you certain personal data that you provide, such as your name, address, e-mail address and phone number, as well as information about the Device you use and that we need in order to provide you with access to the Platform and enable you to use the Platform and create the Recorded Interview in accordance with these terms.

When you upload or share your personal data via the Platform, we will collect from you recorded media including sound, images and videos and employment information. This information will be used to create the Recorded Interview, which will be available to the Agent for the purposes of enabling the Agent to fulfil its agreement with potential candidates as well as to comply with any legal or regulatory obligation or request from time to time.

If you contact us with a query or complaint, we may record the information you provide in order to deal with your query or complaint, and for training or monitoring purposes.

The legal basis on which we will process your personal information is that:

• You have consented to the processing of your personal information in order to fulfil the general purpose of the use of Platform (as described in ‘WHAT THIS END-USER LICENCE COVERS’ above); or
• it is necessary to do so in order to provide you with the services that we make available through the Platform; or
• it is necessary for our legitimate interests of administration, including improving the Platform and the services we provide through it, to enhance the security of our network and information systems, the enforcement or defence of legal claims, or to identify and prevent fraud, and to market and promote our services and the products and services of our business partners and other third parties; or
• in certain cases, it may be necessary to do so in order to comply with a legal obligation to which we are subject.

 In order to provide the services available through the Platform, we use the input of third parties such as Amazon Web Services. This requires the disclosure to such third parties of your contact details, as well as further personal information about you which is relevant to the services we make available. This information will be provided to such third parties on a confidential basis, and in a manner that safeguards the security of your personal information.We may disclose personal data about you if we are under a duty to do so in order to comply with any legal or regulatory obligation or request, or where we have a legitimate interest in doing so, such as in order to enforce these terms, to investigate potential breaches, or to protect the rights, property or safety of us, other users, or others. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. Except as set out above, we will never sell, distribute or disclose any of your personal data (except anonymous aggregate information) to any third party without your express consent. We will retain your personal data only for so long as is necessary for the purposes for which your personal data is required to be used or processed in accordance with these terms or as otherwise required by law, after which it will be deleted from our systems. Your personal data will be stored on secure servers. However, please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

IN CASE OF QUESTIONS, COMMENTS OR REQUESTS REGARDING OUR USE OF YOUR PERSONAL DATA, PLEASE CONTACT US BY EMAIL TO: GDPR@HINTERVIEW.COM

ARTIFICIAL INTELLIGENCE

Your personal information may be processed by an artificial intelligence tool incorporated into the Hinterview service. This means that all of the data you provide, including the content of the Recorded Interview, maybe processed to:

·      Summarise a Recorded Interview based on the transcript of it;

·      Create a candidate summary based on all of the information which has been collected about the relevant candidate;

·      Create a job specification based on recorded conversation

·      Re-format CVs, for example, to fit a certain style, or where a recruiting firm prefers to review its applications without personal information such as name or gender;

·      Text for emails based on prompts provided (eg candidate info/job description); and

·      Script prompts for the Agents to use to record a video

All of which may be presented in a variety of audio-visual media, such as written text, sound or video recordings, or a combination thereof. The above are non-exhaustive examples, and if you have any questions or concerns about the use of artificial intelligence in the recruitment process, candidates should discuss this this with their Agent. The Agent will have access to these materials but candidates should be aware that they will also review them along with the materials that they have been extrapolated from.

Hinterview uses OpenAI LLC which means they will process your data in accordance with their terms.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The Platform or the Site may contain links to other independent websites which are not owned or controlled by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENCE RESTRICTIONS
You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform in any form, in whole or in part to any person without prior written consent from us;
• not copy the Platform;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to de-compile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program (Permitted Objective) and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
  • is not used to create any software that is substantially similar in its expression to the Platform;
  • is kept secure; and
  • is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform.
  

ACCEPTABLE USE RESTRICTIONS

You must:

• not use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the Platform, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
• not use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from our systems.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Platform throughout the world belong to us (or our licensors) and the rights in the Platform are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform other than the right to use it in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The Platform is for personal use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the Platform. You must use your own judgement, or obtain professional or specialist advice, before taking, or refraining from, any action on the basis of information obtained from the Platform. Although we make reasonable efforts to update the information provided by the Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the Platform. We recommend that you back up any content and data used in connection with the Platform, to protect yourself in case of problems with the Platform.

Check that the Platform is suitable for you. The Platform has not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform meet your requirements.

We are not responsible for events outside our control. If our support for the Platform is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

WE MAY END YOUR RIGHTS TO USE THE PLATFORM IF YOU BREAK THESE TERMS

We may end your rights to use the Platform at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Platform:

• You must stop all activities authorised by these terms, including your use of the Platform.
• You must delete or remove the Platform from all Devices in your possession and immediately destroy all copies of the Platform which you have and confirm to us that you have done this.
• We may remotely access your Devices and remove the Platform from them.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

WE MAY TRANSFER OUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS TO ANOTHER ORGANISATION. WE WILL ALWAYS TELL YOU IN WRITING IF THIS HAPPENS AND WE WILL ENSURE THAT THE TRANSFER WILL NOT AFFECT YOUR RIGHTS UNDER THESE TERMS.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

WHICH LAW APPLIES TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and the English Courts have exclusive jurisdiction to hear legal proceedings in respect of these terms.

QUERIES
If you have any queries about the Platform, please contact us at [INFO@HINTERVIEW.COM].