Terms and conditions
Terms and conditions
Business Terms
Last update: May 1, 2024
These business terms (“Business Terms”) apply as a contractual relationship between the customer (“Customer”) and HiTalento.com – Talento ApS, company registration number: 41790237, Århusgade 118, 2150 Nordhavn (“HiTalento”).
1. The Service
1.1. HiTalento provides, via its website, mobile platforms, or similar, software available (“the Software”), which enables the Customer to receive and process applications from their own website via self-service (collectively referred to as “the Service”).
1.2. The extent of the Service is defined based on the Customer’s choice of service package, which may include more or fewer features (“Service Package”). The choice is made on HiTalento’s website and will be apparent from the Customer’s profile. In addition to the Service, HiTalento may offer additional services, which are included in the Service Packages. These additional services included in the definition of the Service may be subject to a charge.
1.3. Through the business relationship between the Customer and HiTalento, the Customer gains access to use the Software, which is not exclusive. This also applies when the Customer chooses additional services. Thus, the Customer will not own the Software or the Services or any copy or part thereof. When choosing additional services, there may be separate conditions that must be accepted along with these Business Terms.
1.4. Access to the use of the Service, including the Software, may only occur for the Customer’s purposes and applies exclusively to the Customer and their Employees. When subscribing to the Service, the Customer and their Employees must have their own unique username and password for using the Service. It is the Customer’s duty to ensure that the Customer and the Employees maintain the necessary security to protect usernames and passwords to prevent misuse, etc., of the Service.
1.5. The Service includes help with general use of the Service. Such help can be provided by HiTalento or a HiTalento-approved Third Party, which the Customer enters into an agreement with via the Service. Help, for example, assessment of the applicants’ CVs, profiles, and competencies in relation to the sought position and company.
2. Acceptance and Permission
2.1. By registering on HiTalento’s website, the Customer accepts the Business Terms for the Service as the prevailing contractual relationship between the Customer and HiTalento. The Business Terms also apply to third parties who may perform self-service on behalf of the Customer.
2.2. The Service including additional services is provided to the Customer as a business entity, even if the Customer’s employees gain access to all or part of the Software and contained information.
2.3. The Customer consents to HiTalento and its Third Parties marketing to the Customer and their employees (“Employees”). The Customer may revoke such consent in writing.
2.4. The Customer and their Employees grant permission for HiTalento and its Third Parties to market their products and services to the Customer and their Employees. Marketing can take place on various media and forms of communication, including, for example, emails, Meta, LinkedIn, etc. The marketing may make use of uploaded information about the Customer and their Employees. The Customer accepts that HiTalento can use the Customer’s name and logo for marketing purposes. The Customer may revoke such consent in writing.
2.5. The Customer accepts HiTalento’s other policies, including data protection and Cookies policy, which are available in the current version on HiTalento’s website at any time. The other policies are seen as an integrated part of these Business Terms.
3. Third Parties
3.1. To deliver the Service and any additional services, HiTalento may use suppliers and similar business partners (“Third Parties”). The Customer accepts and permits that information uploaded in connection with the Service may be processed by and exchanged with Third Parties working with HiTalento.
3.2. If Third Parties offer additional services through HiTalento’s Service (open API), the use of these additional services is subject to the respective Third Party’s terms. The Customer releases HiTalento from any liability in connection with the use of such Third Parties’ additional services.
3.3. If the Customer or Employees use additional services from Third Parties in connection with the use of the Service, there may be an exchange of information between the Service and any additional services. The Customer accepts that HiTalento is without responsibility for such exchange, processing, and storage of information by the Third Party, as an independent legal relationship arises between the Customer and/or Employees and the Third Party when using the additional service.
4. Customer's Duties and Responsibilities
4.1. It is the Customer, including their Employees and their applicants, who are responsible for the accuracy and quality of the information that is registered and used in the Software. Thus, it is the Customer’s applicants who enter the necessary information, including CV and application, which is to be used in connection with the use of the Service. The Customer must therefore ensure and assess themselves whether the information entered by the candidates in the Software is correct. It is the Customer’s responsibility to ensure that the information used in the Service is up-to-date at all times. The Customer also has the duty to delete a user at the user’s request.
4.2. It is the Customer’s responsibility to ensure that the information entered by the Customer is always updated and correct.
4.3. It is the Customer’s responsibility to ensure that the Customer and their applicants do not obtain unauthorized access to personal information. Violation thereof can result in the immediate termination of the contractual relationship between the Customer and HiTalento.
4.4. To ensure that HiTalento can fulfill its obligations in connection with the Service, the Customer grants HiTalento the right to use the entered information. It is the Customer’s duty to ensure that HiTalento has the necessary permissions, powers of attorney, agreements, and identification information needed for HiTalento to deliver the Service. It is also the Customer’s responsibility to ensure that the applicants have given their consent to the data processing that is part of the Service.
4.5. The Service gives the Customer and their applicants access to certain information, including the applicants’ CVs, applications, picture, and short video presentation, etc. The Software can share information internally at the Customer, for example, presentation of the selected candidates that the company has chosen to invite for an interview, with the employees at the Customer who are involved in the individual recruitments. It is the Customer’s responsibility to ensure that the Employees are aware of access to the Service.
4.6. It is the Customer’s responsibility that all applications and recruitments are conducted legally and correctly. Furthermore, the Customer is responsible for ensuring that the administration of CVs and applications complies with the requirements of the law, including the processing of personal data, etc.
4.7. The Customer may not grant others access to the Service, including the Software, without that person having a direct agreement with HiTalento. The Customer and that person will then both be responsible for actions taken on behalf of the Customer. If that person is approved by HiTalento, the Customer is entitled to grant that person access for specific tasks. If the administration is performed by others than the Customer, the Customer is entitled to grant such third parties access to the Service. Approved parties can either be found on HiTalento’s website or by contacting HiTalento.
4.8. It is the Customer’s responsibility that the Service is not used in a way that is in violation of relevant legislation or other regulations, or that HiTalento’s name, reputation, or goodwill suffers damage. Violation thereof may result in the immediate termination of the contractual relationship between the Customer and HiTalento.
4.9. By accepting the Business Terms, the Customer also confirms that the Customer is not in competition with HiTalento or works for companies that are in competition with HiTalento. In competition is defined as the Customer working in or owning a business that sells the same product as the Service. All software, design, architecture, text, etc., are protected by copyright, and names and self-developed terms may be used trademarks. Any violation thereof may be prosecuted, and claims for payment will occur.
5. Price and Payment Terms
5.1. The price of the Customer’s choice of Service Package will be adjusted accordingly. Furthermore, the price may increase with the choice of additional services that are not part of a Service Package. The prices for the Service Packages are stated in Danish kroner (DKK) and/or Euros (EUR) and are exclusive of VAT and are available on HiTalento’s website.
5.2. HiTalento may change the prices with one month’s notice. Changes in exchange rates, taxes, insurance, the net price index, and costs to Third Parties may lead to HiTalento adjusting the prices so that HiTalento remains unchanged. In such a case, the Customer may be advised about this via HiTalento’s Website or email. If the Customer disagrees with a price change, the Customer may terminate the contractual relationship between the Customer and HiTalento with immediate effect, provided that the Customer still must pay for actual use of the Service until the termination date. The Customer cannot in this connection raise compensation or other claims for compensation against HiTalento.
5.3. After each job creation where the customer wishes a “HiBoost” or “marketing boost” of the position, where our marketing specialists set up job ads and campaigns on the customer’s vacant position, the Service will automatically generate an invoice to the Customer. The invoiced amount for the Service will be paid by the Customer to HiTalento through a payment solution recognized by HiTalento.
5.4. If the Customer does not pay the invoiced amount on time, HiTalento may initiate a reminder procedure via the customer’s email containing deadlines and fees. The Customer accepts that reminders sent by HiTalento to the Customer are considered delivered through the use of the Customer’s email. If the non-payment for the Service continues, access to the Service and accompanying additional services may be blocked. The blocking is lifted upon receipt of the Customer’s payment unless HiTalento has terminated the Business Terms with the Customer.
5.5. For late payment of the amount invoiced to the Customer, interest will be added to the overdue amount at 3% per month from the due date until payment.
6. Information and Security
6.1. Information, including information about candidates/applicants, which is registered in the Service, is the property of the Customer. If the customer chooses to download electronic copies and/or make prints of the applications that have been generated through the Service, it is the customer’s responsibility that this is carried out GDPR compliant, as this is something that takes place outside the service. Upon termination of the relationship, the Customer will no longer have access to the information, after which HiTalento without further responsibility may permanently delete the information.
6.2. The Customer’s Employees have access to download electronic applications that have been generated through the Service. Access thereto ceases upon termination of the Business Terms between the Customer and HiTalento, after which HiTalento without further responsibility may permanently delete the information.
6.3. Upon termination of the business relationship, the Customer and Employees no longer have the right to demand information registered or used in the Service delivered. Furthermore, HiTalento is regardless of the other provisions in this section entitled to continue to store the information as long as and to the extent HiTalento finds it necessary to fulfill a legal obligation. HiTalento is also entitled to store the Customer’s and its applicants’ information after the termination of the agreement for the purpose of possible follow-up of the contractual relationship between the Customer and HiTalento for marketing purposes, and to use the information in anonymized form for statistics and analysis.
6.4. The information, which the Customer, Employees, or Candidates have registered and use in the Service, HiTalento does not initially have access to. Except for HiTalento’s specially designated employees, those who work with the “HiBoost” product or the development of the software, who have access to the Customer’s and Employees’ information. HiTalento’s employee who delivers the “HiBoost” product/service looks at which candidates the hiring manager “shortlists” and “interviews” and “hires” with a view to delivering more and better applicant fields via targeted marketing on LinkedIn, META, Google, etc. These designated employees will be subject to confidentiality.
6.5. HiTalento uses Third Parties to provide services and hardware, such as servers and databases to support the Service to the Customer. When using the Service, there will be an exchange of information about the Customer and the applicants between the Service, the Customer, and the relevant third parties, which are necessary for the Service to be delivered. For example, our CV reader / AI functionality delivered by Textkernel.
6.6. The exchange of or access to information, e.g., personal data, via the Service between the Customer and third parties, which assist the Customer, is the Customer’s responsibility.
6.7. HiTalento may in special cases transfer statistical information derived via the information in the Service to a third party. Such information will be anonymized so that there cannot be a transfer of personal data, which can identify the Customer or its Employees.
6.8. Where deemed reasonable, for example from a loss of value consideration, HiTalento may give third parties and authorities access to the Customer’s information, e.g., in connection with a judgment, authority requirement or the Customer’s bankruptcy.
6.9. HiTalento is not responsible for storing information after termination of the Business Relationship.
6.10. HiTalento has taken the necessary security measures against information used in the Service being illegally or accidentally impaired, lost, or destroyed, as well as against the information being misused, coming to the knowledge of unauthorized persons, or being processed in violation of the law on the processing of personal data.
6.11. When using the Service, where the Customer uses information, usernames, or passwords that originate from a third party, the Customer guarantees that the disclosure of such information and HiTalento’s data processing of such information does not violate rights or agreements with third parties. The Customer indemnifies HiTalento for any loss that HiTalento may suffer as a result of this provision.
7. Changes and Transfer of the Service or Terms
7.1. Changes to the Service and additional services may be made by HiTalento. Furthermore, HiTalento is entitled to change the form and structure of the Service and any additional services. Any change may occur with or without notice and in accordance with these Business Terms. A change may affect parts of the Service, including information that is registered and stored in the Software.
7.2. The Business Terms may be changed by HiTalento at any time without notice to the Customer. However, HiTalento will endeavor to give notice via HiTalento’s website. The Business Terms are available on HiTalento’s website. By the Customer’s continued use of the Service after changes to the Business Terms have been made, the changes are considered accepted. The Customer has an obligation to keep themselves continuously informed of changes to the Business Terms. If the Customer cannot accept the changes, the Customer may consider themselves terminated provided that notice is given to HiTalento. Compensation or other claims for compensation against HiTalento cannot be raised by the Customer in this connection.
7.3. Rights and obligations granted to HiTalento by these Business Terms may be transferred by HiTalento in whole or in part to affiliated companies or third parties.
7.4. The Customer does not have the right to transfer rights and obligations and access to the Service to third parties in whole or in part. However, the Customer may grant access to advisors or third parties as further described in these Business Terms.
8. Intellectual Property Rights
8.1. With the exception of the Customer’s information, which the Customer has registered in the system, the Software and the information generated by the Software are protected by copyright and other intellectual property rights and belong to or are licensed to HiTalento. In connection with the Service, the Customer receives only a right of use, and HiTalento’s and/or third parties’ intellectual property rights are not transferred to the Customer.
8.2. In the event of any suspicion of an infringement or actual infringement of HiTalento’s intellectual property rights or unauthorized use of the Service, which the Customer becomes aware of, the Customer must notify HiTalento.
8.3. The information that the Customer and their applicants register in connection with the use of the Service belongs to the Customer and their applicants. By the Customer’s accession to these Business Terms, HiTalento has been granted permission to use the aforementioned information, including, for example, the Customer’s and applicants’ pictures, video, CVs, competencies, and applications, so that HiTalento can deliver the Service and conduct statistics in anonymized form.
9. HiTalento's Liability and Confidentiality
9.1. It is the Customer’s responsibility to ensure that the information registered in connection with the use of the Service does not infringe third party rights or can be offensive or is in violation of relevant legislation or other regulation.
9.2. The Service is provided by HiTalento in the condition it may be in at the time of the Customer’s use thereof. HiTalento disclaims any warranty, assurance, indemnity, recommendation, or other terms, beyond what is stated in these Business Terms.
9.3. HiTalento does not guarantee the applications or recruitments that the Customer conducts.
9.4. In connection with the Customer’s use of the Service, HiTalento disclaims any liability for loss that the Customer may incur, whether the loss arises in or outside of contract, including for operational losses, consequential damages or other indirect losses, loss of information, loss based on product liability or loss incurred as a result of simple negligence on HiTalento’s part.
9.5. The Customer has a duty to notify HiTalento of errors in the Service that the Customer becomes aware of. HiTalento is obligated to correct the error that the Customer or HiTalento has become aware of.
9.6. Additional services and other services offered by Third Parties, which are available in connection with the Service and which the Customer has actively chosen to use, are not the responsibility of HiTalento. HiTalento cannot therefore be held responsible for the accuracy, quality, completeness, and reliability, etc., of the information and neither the results generated through the additional services, or for Third Parties’ functionality, availability, or security. It is up to the Customer to prove that a loss suffered by the Customer is due to a fault attributable to HiTalento.
9.7. The Customer accepts that regardless of what loss or basis of liability the Customer has suffered, HiTalento’s total liability can only amount to a size corresponding to the previous 12 months’ invoiced amounts before the liability-attracting event occurred, however, no more than 10,000 DKK.
9.8. HiTalento is held harmless by the Customer against any claim or loss due to product liability, loss, or liability with third parties, including Third Parties, to the extent that it arises from the Customer’s use of the Service.
9.9. HiTalento and its employees have confidentiality about all information that can be directly attributed to the Customer and which HiTalento may become aware of the Customer or its applicants and do not have the right to pass on such information to third parties unless such information is publicly available, or where HiTalento has obtained the information from a third party outside confidentiality, or where HiTalento is obliged to disclose the information according to legislation or by an authority or court, or where disclosure is justified according to these Business Terms.
10. Operation and Force Majeure
10.1. HiTalento aims for high operational stability and will in the event of breakdowns or operational disturbances restore normal operation as quickly as possible. Maintenance and upgrading of the Service and additional services will as far as possible be placed in the time frame between 20.00-07.00 CET, and will be announced beforehand.
10.2. HiTalento is not liable for losses incurred as a result of breakdowns or operational disturbances. HiTalento is not obligated to compensate for such losses. Even in areas where there is stricter liability, HiTalento is not responsible for losses due to:
- Damage to data or lack of access to or breakdowns in IT systems that can be attributed to the following events, regardless of whether it is HiTalento or a Third Party that is responsible for the operation.
- Failure in power supply or telecommunications to HiTalento, natural disasters, war, riots, civil unrest, legal interventions or administrative acts, sabotage, terror, or vandalism (including computer viruses and hacking).
- Conflicts such as strikes, lockouts, boycotts or blockades, regardless of whether they are directed at or initiated by HiTalento itself or its organization, and regardless of the reason. This also applies when the conflict only affects parts of HiTalento’s business.
- Other circumstances that are beyond HiTalento’s control.
11. Termination of Services
11.1. By subscribing to the Services, the Customer accepts the Business Terms. The Business Terms run until terminated in accordance with the Business Terms. The Customer may terminate the business relationship with one month’s notice. However, the Customer can always change Service Package and additional services.
11.2. HiTalento may terminate the business relationship with 3 months’ notice, or without notice in the event of the Customer’s material breach of these Business Terms or in the event of the Customer’s bankruptcy or insolvency.
12. Disputes
12.1. These Business Terms shall in all respects be read, interpreted, and fulfilled in accordance with Danish law. Any dispute arising from these Business Terms and the resulting legal relationships between the Customer and HiTalento, their interpretation or fulfillment shall be brought before the City Court in Copenhagen.