Last updated: January 13, 2026
TERMS AND CONDITIONS
Effective Date: 10/24/2025
Identification of SEMANTIKMATCH
SEMANTIKMATCH ("SEMANTIKMATCH ") is a simplified joint-stock company registered with the Paris Trade and Companies Register under number 931 096 218, whose registered office is located at 60 rue François 1er, 75008 Paris.
SEMANTIKMATCH can be contacted at the following coordinates stephane@semantikmatch.com or
+33 6 98 60 36 07.
Services offered
SEMANTIKMATCH offers the client identified in the Quotation as defined below (the "Client") services to help with the processing of application files using an artificial intelligence system (the "Services"). The Services are available through a SaaS software solution accessible via the website https://www.semantikmatch.com/ (the "Site") and/or its API (the "API mode") (indiscriminately referred to as the "Solution").
Contract documents
The contractual relationship between the Client and SEMANTIKMATCH is governed, in descending hierarchical order, by the following documents:
The Quote (the "Quote")
- It is established on the basis of the Client's needs;
- The Client must accept it in writing (including by email) within 15 days of its issuance. This acceptance implies acceptance of the General Terms and Conditions in their version in force on the date of the Quote;
- In the event of a contradiction, the Quotation shall prevail over the General Terms and Conditions;
- In the event of a contradiction, the most recent Quotation shall prevail over the oldest.
The terms and conditions (the "Terms and Conditions")
They define:
- The terms of use of the Services;
- The respective obligations of the parties.
Conditions of access to the Services
The Client is a legal entity acting through a natural person with the power or authorisation required to contract in the name of the Client and on its behalf.
The Client has the status of a professional, understood as any natural or legal person acting for purposes falling within the scope of his or her commercial, industrial, artisanal, liberal or
agricultural activity, including when he or she acts in the name of or on behalf of another professional.
Terms and conditions of access and subscription to the Services
The Client may subscribe to the Services by contacting SEMANTIKMATCH directly at the contact details mentioned in the article "Identification of SEMANTIKMATCH".
Once the Services have been subscribed, SEMANTIKMATCH creates an account in the name of the Client (the "Account") which allows the Client to access the Services using its login ID and password.
The Client may access the Services by going directly to the Site or through an API. In API mode, SEMANTIKMATCH makes available to the Client the documentation relating to the API that the Client must integrate into its IT system. The API access link and related integration documentation are indicated on the Solution.
At the Client's request, SEMANTIKMATCH can carry out tailor-made integrations with the Client's IT system, which will be the subject of an additional Quote.
Once the Client's Account has been created, the Client may ask SEMANTIKMATCH to create access for users (the "Users") as well as the configuration of their access rights within the limit of the number provided for in the subscribed Services.
The Client is solely responsible for setting up Users' access rights and for the Users' personal use of the Solution.
Description of Services
Before subscribing, the Client acknowledges that he or she may familiarise himself or herself with the characteristics of the Services and their constraints, in particular technical constraints, on the Solution.
The Client acknowledges that the implementation of the Services requires being connected to the internet and that the quality of the Services depends in part on this connection, for which SEMANTIKMATCH is not responsible.
The Services to which the Client has subscribed are described in the Quotation. SEMANTIKMATCH reserves the right to offer any other Service.
Any request for modification of the Services subscribed to must be the subject of an additional Quote.
The Services
The Client may have access to the following Services:
The Solution
SEMANTIKMATCH provides the Client with a Solution to help with the processing of application files, operating with the help of an artificial intelligence system. The Solution notably allows for:
The creation of application form templates (the "Forms") to be completed by the candidates (the "Candidates"). Based on the information collected via the Client's Forms, the Solution carries out an analysis of the applications in order to:
To verify that all the information and supporting documents requested in the Forms have been completed. The Client is free to export these documents in a readable format, candidate by candidate;
To make suggestions on Applicants in order to assist the Client in its admissions decision-making process.
The collection of transcripts of the motivational videos made by the Candidates, recorded by them, which the Solution analyzes in order to establish a score according to criteria defined by the Client (a "Score");
The evaluation of a video interview conducted by an Artificial Intelligence System in order to establish a Score as well as the collection of interview transcripts;
Predictive analysis of the potential of Candidates, based on statistical data.
As the Solution operates (i) autonomously through algorithms and software based on artificial intelligence, and (ii) on the basis of the information provided by the Client, the latter expressly acknowledges and accepts that the results obtained by the Solution (in particular scores, assessments, decisions, analyses, suggestions, recommendations) (the "Results") ") are not infallible and do not constitute a final decision or guarantee of accuracy. Artificial Intelligence can make mistakes (e.g., misreading, misinterpreting or inaccurate, omissions) and is not a substitute for a human's analysis or judgment. In any event, the Client acknowledges that the Solution is provided solely as a decision-making tool. The Client is solely responsible for its final decisions regarding the admission of Applicants and is free to follow or not follow the Results. To this end, the Client ensures that it has set up an appropriate human control, and that it has trained its staff to use the Solution appropriately.
Advice and strategic support
At the Client's request, SEMANTIKMATCH may also provide specific support to advise the Client in its use of the Solution. This support will be subject to specific additional invoicing.
Additional services
Maintenance
The Client benefits from maintenance, including corrective and evolutionary maintenance, during the duration of the Services. In this context, access to the Solution may be limited or suspended.
Regarding corrective maintenance, SEMANTIKMATCH makes its best efforts to provide the Client with corrective maintenance in order to correct any malfunction or bug found on the Solution.
Regarding evolutionary maintenance, the Client benefits during the duration of the Services from evolutionary maintenance, which SEMANTIKMATCH may carry out automatically and without prior information, and which includes improvements to the functionalities of the Solution, the addition of new functionalities and/or technical installations used within the framework of the Solution (aimed at introducing minor or major extensions).
Access to the Solution may also be limited or suspended for planned maintenance reasons, which may include the above-mentioned corrective and evolutionary maintenance operations.
Hosting
SEMANTIKMATCH ensures, under the terms of an obligation of means, the hosting of the Solution, as well as the data produced by the Solution, through a professional hosting provider, and on servers located in a territory of the European Union.
Technical support
If the Client encounters any difficulties while using the Services, the Client may contact SEMANTIKMATCH using the contact details provided in the section titled “Identification of SEMANTIKMATCH”.
The technical support service is available from Monday to Friday, excluding non-working days and public holidays, from 9:00 a.m. to 6:00 p.m. Depending on the identified need, SEMANTIKMATCH will estimate the response time and inform the Client accordingly.
Implementation of the Solution and Services
The Pilot Phase
As part of a first Pilot phase (the "Pilot"), the Client will be assisted by SEMANTIKMATCH in order to define its needs and identify a pilot scope of activity to deploy the Solution.
Depending on the subscribed Services:
SEMANTIKMATCH will jointly define with the Client a Form template enabling the Client to set out the components of the application file, including the information and supporting documents required for the analysis of Candidates;
The Client shall provide SEMANTIKMATCH with sample documents in order to feed the fraud-detection Solution.
If the Customer uses the Solution via the Site
SEMANTIKMATCH will proceed with the configuration of the Solution, understood as its customization and the implementation of the functionalities and Services selected by the Client and described in the Quotation.
SEMANTIKMATCH will perform a test of proper functioning using the Forms created by the Client from its application history.
If the Client uses the Solution via API mode
SEMANTIKMATCH provides the Client with its API documentation so that the Client can use the Services via API mode within its own technical environment. The Client is solely responsible for the configuration of the API, SEMANTIKMATCH guaranteeing the Client support in the handling of the API documentation and the assistance of its technical team.
SEMANTIKMATCH will assist the Client in its configuration of the Solution, understood as its customization and the implementation of the functionalities and Services selected by the Client and described in the Quotation
SEMANTIKMATCH will also assist the Client in carrying out tests of the Form created on its technical environment, via a dataset of Candidates from the Client's application history, in order to ensure the proper functioning of the Solution.
License to access the Solution
At the end of the Pilot, SEMANTIKMATCH grants the Client, for the entire world, for the period provided for in the article "Duration of subscription to the Services ", a non-exclusive, personal and non-transferable license to use the Solution, in its version existing on the date hereof and in any future versions, for the sole purpose of the performance of the Contract, and for Authorized Users only.
On the Site or in API mode, and independently, the Client and its Users will be able to create the Forms of their choice. SEMANTIKMATCH is not responsible for any biases introduced by the Client in its recruitment or fraud detection criteria.
If the Client accesses the Solution on the Site, it has an overview of the Forms created as well as the Candidates' answers and supporting documents. If the Client uses the API mode, this information is available on its technical environment.
Duration of subscription to the Services
Customer subscribes to the Services on a subscription basis (the "Subscription") for the term set forth in the Quotation.
The Subscription begins on the day the Quote is signed, for an initial period of one year, unless otherwise stated in the Quote.
It is tacitly renewed, for successive periods of the same duration as the initial period (with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the conditions of the "End of Services" article.
SEMANTIKMATCH Financial Terms
Service Prices
The prices of the Services to which the Client has subscribed are indicated in the Quotation.
Any Period that has been started is due in its entirety except in the event of early termination for breach on the part of SEMANTIKMATCH.
SEMANTIKMATCH is free to offer promotional offers or price reductions.
SEMANTIKMATCH's prices may be revised at any time under the conditions of the article
"Modification of the General Terms and Conditions".
SEMANTIKMATCH billing and payment terms
The invoicing methods are specified in the Quote. Invoices are sent to the Client by any means and are, unless otherwise provided for in the Quotation, paid by bank transfer within 30 days of their issuance.
Consequences in the event of late or non-payment
In the event of default or late payment, SEMANTIKMATCH reserves the right, 7 days after sending a reminder by any written means that has remained unanswered, to:
immediately suspend the ongoing Services until the payment of all sums due,
charge it default interest equal to 3 times the legal interest rate, based on the amount of the sums not paid on the due date and a lump sum compensation of EUR 40 in respect of recovery costs, without prejudice to additional compensation if the recovery costs actually incurred are higher than that amount,
where applicable, declare the forfeiture of the term for all amounts owed by the Client and render them immediately payable.
Intellectual property rights
The Solution is the property of SEMANTIKMATCH, as are the software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that it operates. They are protected by all intellectual property rights or database producers' rights in force. The license that SEMANTIKMATCH grants to the Client does not entail any transfer of ownership.
The Client, and the Users, benefit from a non-exclusive and non-transferable SaaS license to use the Solution for the period provided for in the article "Duration of subscription to the Services ".
SEMANTIKMATCH undertakes to obtain authorization to use the image (and, where applicable, the name and/or voice) of Candidates whose personal attributes are likely to be captured in the videos allowing the Solution to give the Score.
In addition, in the event that the videos captured on the Solution are likely to be protected under the economic rights of the Client, transfers to the Clients all the economic rights of the author, SEMANTIKMATCH undertakes to collect the rights necessary for the provision of the Services. The Client and the Users benefit from a licence to use the videos, for the duration provided for in the article "Duration of subscription to the Services ".
Realization of statistics and improvement of the Solution
SEMANTIKMATCH may use the data to which it has access in the context of the Services for the purposes of producing statistics and improving the Solution, as well as the underlying software.
SEMANTIKMATCH undertakes to use and store only aggregated or statistical data that does not allow the identification of a given entity.
Any improvement of the Solution and the Services based on the data to which it has access as part of the Services will remain the property of SEMANTIKMATCH.
The Client expressly authorises this use without it being considered as a breach of the Parties' confidentiality obligations.
Commercial references
The parties may make use of their respective names, trademarks and logos and refer to their respective platforms, as commercial references, for the duration of their contractual relationship and 3 years thereafter.
The Client expressly acknowledges and accepts that the usage and performance data of the Solution may be used by SEMANTIKMATCH, in an aggregated and anonymized manner, for the promotion of its Services. This data can then be shared with prospects, as long as the Customer's identity or specific selection criteria are not revealed.
Obligations and Liability of the Client
Regarding the provision of information to SEMANTIKMATCH
The Client undertakes to provide SEMANTIKMATCH with all the information necessary for the subscription and use of the Services.
In the context of the use of the Services, the Client undertakes to cooperate with SEMANTIKMATCH for the implementation and updating of a risk management system related to the Solution, in accordance with the requirements of Regulation (EU) 2024/1689 of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (the "Artificial Intelligence Act"). »). This cooperation includes, but is not limited to, the communication of any relevant information on the effective use of the Solution by the Client and the notification of any incident or unexpected outcome that may generate a risk of harm to natural persons.
Regarding the provision of information to the Applicant
The Solution provided by SEMANTIKMATCH is an Artificial Intelligence system (the "AI System") intended to be used to determine the access, admission or assignment of natural persons to educational institutions. As a result, the Solution falls into the category of high-risk AI Systems within the meaning of Annex III of the Artificial Intelligence Regulation.
As a deployer of a high-risk AI System, the Client undertakes to comply with the obligations of Article 26 of the Artificial Intelligence Regulation, in particular:
Use the AI System in accordance with applicable regulations and documentation provided by SEMANTIKMATCH and ensure that personnel have the necessary training for effective human control.
Monitor the operation of the AI System and report any malfunctions, incidents or non-compliance to SEMANTIKMATCH.
Inform Candidates in accordance with French and European regulations on Artificial
Intelligence and personal data protection when required.
Regarding the Client's Account
The Client:
guarantees that the information provided in the form is accurate and undertakes to update it,
acknowledges that this information is proof of its identity and is binding on it as soon as it is validated,
is responsible for maintaining the confidentiality and security of its username and password.
Any access to the Solution using the latter being deemed to have been carried out by him.
The Client must immediately contact SEMANTIKMATCH at the contact details mentioned in the article "Identification of SEMANTIKMATCH" if he/she notices that his/her Account has been used without his/her knowledge. It acknowledges that SEMANTIKMATCH shall have the right to take all appropriate measures in such a case.
The Client is solely responsible for setting up the Users' access rights.
Regarding the use of the Services
The Client is responsible for its use of the Services and any information it shares in connection therewith. It is also responsible for the use of the Services and any information shared by Users. He undertakes that the Services will be used exclusively by him and/or the Users, who are subject to the same obligations as him in their use of the Services.
The Client shall refrain from misusing the Services for purposes other than those for which they were designed, and in particular to:
engage in illegal or fraudulent activity,
to undermine public order and morality,
infringe third parties or their rights in any way,
violate a contractual, legislative or regulatory provision,
carry out any activity likely to interfere with the computer system of a third party, in particular for the purpose of violating its integrity or security,
carry out manoeuvres aimed at promoting its services and/or sites or those of a third party,
aiding or abetting any third party to commit one or more of the acts or activities listed above. The Client also undertakes not to:
copy, modify or misappropriate any element belonging to SEMANTIKMATCH or any concept that it exploits within the framework of the Services,
adopt any behaviour likely to interfere with or hijack SEMANTIKMATCH's computer systems or undermine its IT security measures,
infringe the financial, commercial or moral rights and interests of SEMANTIKMATCH,
market, transfer or give access in any way to the Services, the information hosted on the Solution or any element belonging to SEMANTIKMATCH.
The Client guarantees SEMANTIKMATCH that it holds the necessary authorisations for the integration of the Solution into its IT system.
The Client guarantees SEMANTIKMATCH that it takes appropriate technical and organisational measures in order to use the Solution in accordance with the applicable regulations and the documentation provided by SEMANTIKMATCH.
The Client is responsible for providing SEMANTIKMATCH with representative data that is not likely to create biases.
The Client shall hold SEMANTIKMATCH harmless from any claim and/or action that may be brought against it as a result of the Client’s breach of any of its obligations. The Client shall compensate SEMANTIKMATCH for any loss suffered and reimburse it for all amounts that it may be required to bear as a result thereof.
Obligations and liability of SEMANTIKMATCH
SEMANTIKMATCH undertakes to provide the Services with diligence, it being specified that it is bound by an obligation of means.
SEMANTIKMATCH is committed to complying with the regulations in force and more particularly to taking into account regulatory changes relating to artificial intelligence.
SEMANTIKMATCH makes its best efforts to comply with the schedule for the performance of the Services indicated in the Quotation. As these deadlines are provided for information purposes only, it will not be liable in the event of non-compliance.
Any delay attributable to the Client shall postpone the agreed delivery deadlines accordingly.
Regarding the quality of the Services
SEMANTIKMATCH makes its best efforts to provide the Client with quality Services.
To this end, it regularly carries out checks to verify the operation and accessibility of its Services and may thus carry out maintenance under the conditions specified in the "Maintenance" article.
SEMANTIKMATCH is nevertheless not responsible for any temporary difficulties or impossibilities in accessing its Services that would have the origin of:
circumstances external to its network (and in particular the partial or total failure of the Client's servers),
the failure of any equipment, cabling, services or networks not included in its Services or for which it is not its responsibility,
the interruption of the Services by telecom operators or internet service providers,
the Client's intervention, in particular through a misconfiguration applied to the Services,
a case of force majeure.
SEMANTIKMATCH is responsible for the operation of its servers, the outer limits of which are the connection points.
Regarding the Service Level Guarantee of the Solution
SEMANTIKMATCH's service level commitments are described in the SLA attached as Appendix 1.
Regarding compliance with the Artificial Intelligence Regulation
The Solution provided by SEMANTIKMATCH is a high-risk Artificial Intelligence System.
In this context, SEMANTIKMATCH undertakes to comply with the requirements applicable to high-risk AI systems of the Artificial Intelligence Regulation by August 2, 2026 at the latest (the " Entry into Force").
Until the Entry into Force, SEMANTIKMATCH will make its best efforts to comply with these requirements, in particular with regard to data governance, robustness and data security (see Article 13.4 below).
As of the Entry into Force and throughout the duration of the Contract, if SEMANTIKMATCH considers or has reason to believe that the Solution does not comply with the Artificial Intelligence Regulation,
it reserves the right to withdraw, deactivate or recall it, after informing the Client, without the latter being able to claim any compensation. SEMANTIKMATCH will make its best efforts to bring the Solution into compliance with the applicable regulations and to put it back on the market as soon as possible.
The use for which the Solution is intended, including the context and specific conditions of use (the "Destination") is described in Appendix 2 hereof, in the information communicated by SEMANTIKMATCH, in the advertising or commercial indications as well as in the documentation that it will provide to the Client by the Entry into Force in accordance with the Artificial Intelligence Regulation. The Client undertakes to respect the Destination and the documentation provided by SEMANTIKMATCH when SEMANTIKMATCH has provided it.
The Client is entitled to make copies of the documentation provided by SEMANTIKMATCH to the extent necessary for internal use, in particular to meet its own legal obligations as a deployer. However, the User undertakes to inform SEMANTIKMATCH before any communication of all or part of these documents to third parties at least 15 days in advance, allowing SEMANTIKMATCH to oppose it for legitimate reasons.
Data and Data Governance
SEMANTIKMATCH ensures that the data used for the development of the Solution (the "Datasets"), including its training, validation and testing, is subject to appropriate data governance measures with regard to the context of use and the Destination of the Solution, so as to ensure its quality and reliability.
SEMANTIKMATCH ensures that the Datasets used for the development of the Solution are relevant, representative and, as far as possible, error-free and as complete as possible with regard to the Destination.
Regarding the backup of data on the Solution
SEMANTIKMATCH makes its best efforts to safeguard any data produced and/or entered by/on the Solution.
Except in the case of proven faults on the part of SEMANTIKMATCH, it is nevertheless not liable for any loss of data during maintenance operations, in particular if this loss is caused directly or indirectly by the Client itself or by a subcontractor of SEMANTIKMATCH, or if this loss results from any event beyond the control of SEMANTIKMATCH.
Regarding data storage and security
SEMANTIKMATCH provides sufficient storage capacities for the operation of the Services.
SEMANTIKMATCH makes its best efforts to ensure data security by implementing measures to protect the infrastructure and the Solution, detect and prevent malicious acts and recover data.
Regarding Log Retention
SEMANTIKMATCH ensures that the design and development of the Solution provides functionalities that allow for the automatic recording of events (" Logs " or "Logs") during the operation of the Solution.
These recording functionalities are in accordance with the state of the art and, where applicable, with recognised common standards or specifications.
In particular, these features allow you to record events that:
present a risk to the health, safety or protection of fundamental rights of individuals;
modify the Solution in a manner that affects its compliance with the requirements set forth in the Agreement; or
result in a change in its Destination.
SEMANTIKMATCH undertakes to keep the logs for a minimum period of 6 months, unless Regulation (EU) 2026/679 on data protection imposes a shorter period.
Concerning the use of subcontracting and transfer
SEMANTIKMATCH may use subcontractors in the context of the performance of the Services, who are subject to the same obligations as its own in the context of their intervention. However, it remains solely responsible for the proper performance of the Services with regard to the Client.
SEMANTIKMATCH may take the place of any person who will be subrogated in all his rights and obligations under his contractual relationship with the Client. If necessary, it will inform the Client of this substitution by any written means.
Limitation of SEMANTIKMATCH's liability
SEMANTIKMATCH's liability is limited to the only proven direct damage that the Client suffers as a result of the use of the Services.
With the exception of bodily injury, death and gross negligence, and subject to having issued a claim by registered letter with acknowledgement of receipt, within one month of the occurrence of the damage, SEMANTIKMATCH cannot be held liable for an amount greater than the amounts it has received during the 12 months preceding the event giving rise to liability or the duration of the provision of its Services, whichever is less.
In any event, SEMANTIKMATCH cannot be held liable under any circumstances for any damage resulting from a dispute between a Candidate and the Client, in particular, with regard to decisions to admit or refuse admission. The Client is solely responsible for its relationship with the Candidates and for all decisions made on or without the Solution Results. SEMANTIKMATCH cannot be held liable for any damage resulting from a decision of the Client, including a decision to admit or refuse an application, even if this decision has been influenced by the analyses of the Solution.
SEMANTIKMATCH declines all responsibility for the quality of the Results and the Score as the latter depend on the Forms provided by the Client and the criteria defined by the latter. Consequently, it is the Client's responsibility to ensure that the data it integrates, enters or provides to SEMANTIKMATCH for the use of the Solution is reliable, complete and free of any discriminatory bias and is not likely to create biases or generate discriminatory suggestions. SEMANTIKMATCH cannot be held liable for the consequences, direct or indirect, resulting from the use of Results generated from the criteria or data provided by the Client. The Client shall hold SEMANTIKMATCH harmless from any claim, action, or sanction brought by a third party or a regulatory authority as a result of the Client’s breach of this obligation.
Methods of proof admitted
Proof may be established by any means.
The Client is informed that the messages exchanged through the Solution as well as the data collected on the Solution and SEMANTIKMATCH's computer equipment constitute one of the accepted methods of proof, in particular to demonstrate the reality of the Services provided and the calculation of their price.
Methods of processing personal data
General provisions
The parties undertake, each as far as it is concerned, to comply with all legal and regulatory obligations incumbent on them in terms of the protection of personal data, in particular Law 78-17 of 6 January 1978 in its latest amended version known as the "Data Protection Act" and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the "GDPR" (together the "Applicable Regulation").
For the purposes of managing the contractual relationship between the Parties, each Party processes the personal data of its interlocutors at the other Party in its capacity as a data controller within the meaning of the applicable Regulations, for the duration of this Agreement. This processing is necessary for the proper performance of this Contract and only concerns identification data (in particular surname, first name, email address, telephone number) of the interlocutors. This data is kept for the time strictly necessary for the management of the contractual relations between the Parties.
The Parties' staff, their control services (including the auditor) and their subcontractors may have access to the personal data collected.
This processing may give rise to the exercise by the Parties' interlocutors of their rights provided for by the Applicable Regulations.
Methods of processing personal data by SEMANTIKMATCH as a processor
As part of the Services, SEMANTIKMATCH processes personal data on behalf of and for the account of the Client in its capacity as Processor, while the Client acts as Controller within the meaning of the Applicable Regulations. The characteristics of the processing operations are described in Annex 3 hereto.
Data processing
SEMANTIKMATCH undertakes to process personal data only for the purposes listed in Appendix 3 and in accordance with the Client's documented instructions, including with regard to the transfer of data outside the European Union. SEMANTIKMATCH undertakes to inform the Client if, in its opinion, an instruction constitutes a violation of the Applicable Regulations. SEMANTIKMATCH reserves the right to suspend, without incurring its contractual liability as a result of this suspension, the processing until the Client modifies the instruction in question in such a way that it no longer violates the applicable Regulations. This suspension does not give rise to any refund of the price of the Services for the period of suspension. If the Client does not change but maintains the instruction in question, SEMANTIKMATCH reserves the right to terminate the contract without delay and free of charge.
In addition, if SEMANTIKMATCH is obliged to carry out a transfer of data to a third country or an international organization, under the law applicable to the contract, it must inform the Customer of this legal obligation before processing, unless the relevant law prohibits such information for important reasons of public interest.
Data security and privacy
SEMANTIKMATCH undertakes to implement appropriate technical and organisational measures to ensure the security and integrity of personal data, their safeguarding as well as the restoration of their availability in the event of a physical or technical incident. SEMANTIKMATCH also ensures that persons authorised to process personal data are subject to the obligation to maintain their confidentiality.
Other subcontractors
SEMANTIKMATCH is authorized to engage the subcontractors (the ‘Sub-processor(s)’) listed in Annex 3 of the General Terms and Conditions to carry out specific processing activities. In the event of any change to the list of authorized Sub-processors, SEMANTIKMATCH shall inform the Client in advance and in writing. This information shall clearly indicate the outsourced processing activities, as well as the identity and contact details of the Sub-processor. The Client shall have a period of fifteen (15) days from the date of receipt of this information to submit any legitimate and reasoned objections. If no objections are notified within this period, the Client shall be deemed to have accepted the use of the Sub-processor.
The Sub-processor shall be required to comply with the obligations set out herein on behalf of and in accordance with the Client’s instructions. It is SEMANTIKMATCH’s responsibility to ensure that the Sub-processor offers the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing complies with the requirements of the Applicable Regulations. If the Sub-processor fails to fulfil its data-protection obligations, SEMANTIKMATCH shall remain fully liable to the Client for the performance by the Sub-processor of its obligations.
Transfer of personal data outside the European Union
SEMANTIKMATCH is authorized to transfer the personal data processed under these Terms and Conditions to countries outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the GDPR.
Assistance and provision of information
SEMANTIKMATCH is committed to:
assist the Client and respond promptly to any request for information sent to it by the Client, whether in the context of an impact assessment or a request submitted by the data protection authorities or the Client's Data Protection Officer;
to the extent possible, to assist the Client in fulfilling its obligation to respond to requests submitted to it by the persons concerned in order to exercise their rights provided for by the Applicable Regulations. When requests are addressed directly to SEMANTIKMATCH, the latter must send these requests to the Client as soon as possible by e-mail to the address provided by the Client;
notify the Client as soon as possible after becoming aware of any personal data breach relating to the processing operations covered by this Agreement and provide the Client with any relevant information and documentation relating to such breach.
Data Fate
SEMANTIKMATCH undertakes, at the Client's choice, to delete the personal data at the end of the Agreement or to return it to the Client and not to keep a copy of it, unless required by the applicable Regulations. The Client has 1 month from the end of the Contract to exercise his choice. After this period, SEMANTIKMATCH will delete all personal data.
Documentation
SEMANTIKMATCH provides the Client, upon request, with all the information and documents necessary to demonstrate compliance with its obligations and to enable audits to be carried out. The Client thus has the possibility of carrying out audits once a year and at its own expense in order to verify SEMANTIKMATCH's compliance with the obligations set out in this article. The Client shall inform SEMANTIKMATCH of the holding of the audit with a minimum notice of 2 weeks. The identity of the auditor shall be mutually agreed upon by the Parties. SEMANTIKMATCH reserves the right to refuse the identity of the auditor selected if he or she belongs to a competing company. The audit must be carried out during SEMANTIKMATCH's working hours and in such a way as to disrupt its activity as little as possible. The audit may not in any way prejudice (i) the technical and organizational security measures deployed by SEMANTIKMATCH, (ii) the security and confidentiality of the data of other SEMANTIKMATCH customers, and (iii) the proper functioning and organization of SEMANTIKMATCH's production. To the extent possible, the Parties will agree in advance on the scope of the audit. The audit report will be sent to SEMANTIKMATCH to allow the latter to formulate any observations or remarks in writing, which will be annexed to the final version of the audit report. Each audit report will be considered confidential information.
Data reuse by SEMANTIKMATCH
The Client hereby authorizes SEMANTIKMATCH to process the personal data collected in the context of the Services (i.e. the personal data listed in Appendix 3) for the purpose of improving SEMANTIKMATCH's Services, and in particular to compile statistics on how the Solution is used by users and in order to produce aggregated anonymous statistics. SEMANTIKMATCH will act in this context as a data controller within the meaning of the applicable Regulations and as such undertakes to comply with the legal provisions on data protection in the context of the aforementioned processing.
Obligations of the Client towards SEMANTIKMATCH
The Client undertakes to:
provide SEMANTIKMATCH with the personal data referred to in Appendix 3, excluding any irrelevant, disproportionate or unnecessary personal data, and excluding any "particular" data within the meaning of the applicable Regulations, unless the processing justifies it, it being the responsibility of the Client to establish these justifications and to take all measures, in particular prior information, collection of consent and security, appropriate for such particular data;
collect under its responsibility, in a lawful, fair and transparent manner, the personal data provided to SEMANTIKMATCH, for the performance of its services, and in particular, ensure the legal basis for this collection and the information due to the persons concerned;
keep a register of processing operations and, more generally, comply with the principles of the applicable Regulations;
ensure prior and throughout the duration of the processing, compliance with the obligations provided for by the applicable Regulations.
Force majeure
SEMANTIKMATCH shall not be liable for any failure or delay in the performance of its contractual obligations caused by a force majeure event occurring during the term of its relationship with the Client, as defined in Article 1218 of the French Civil Code.
If SEMANTIKMATCH is prevented from performing its obligations due to a force majeure event, it shall inform the Client by registered letter with acknowledgment of receipt. The obligations shall be suspended upon receipt of the letter and shall resume within a reasonable period once the force majeure event has ceased.
SEMANTIKMATCH shall nevertheless remain bound to perform any obligations that are not affected by the force majeure event.
End of Services
The Subscription must be terminated no later than one month before the end of the current Period, by:
The Client, by sending SEMANTIKMATCH a request to the contact details mentioned in the article "Identification of SEMANTIKMATCH",
SEMANTIKMATCH, by sending an email to the Client.
Any Period that has been started is due in its entirety.
The Client no longer has access to his account as of the end of the Services.
Penalties for non-compliance
Essential obligations towards the Client (the "Essential Obligations") are:
payment of the price,
not to provide erroneous, incomplete information to SEMANTIKMATCH,
respect the usual rules of politeness and courtesy in exchanges with SEMANTIKMATCH,
not use the Services for any third party,
not to carry out illegal or fraudulent activities or activities that infringe the rights or safety of third parties, breach public order or breach of the laws and regulations in force.
The following are essential obligations with respect to SEMANTIKMATCH:
The provision of the Services subject to these Terms and Conditions, at the end of an obligation of means for non-quantifiable Services, and of result for quantifiable Services;
respect the usual rules of politeness and courtesy in exchanges with the Client,
not to carry out illegal or fraudulent activities or activities that infringe the rights or safety of third parties, breach public order or breach of the laws and regulations in force.
In the event of a breach of any of these Essential Obligations, the injured Party may:
For SEMANTIKMATCH: suspend or remove the Client's access to the Services,
For the Client: suspend the performance of its own obligations, under the conditions set out herein;
to warn and cooperate with any competent authority and to provide it with all information relevant to the investigation and suppression of illegal or unlawful activities;
take any legal action.
These sanctions are without prejudice to any damages that the aggrieved Party may claim from the defaulting Party.
In the event of a breach of any obligation other than an Essential Obligation, the aggrieved Party shall request, by any appropriate written means, that the defaulting Party remedy the breach within a maximum period of fifteen (15) calendar days. The Services shall terminate at the end of this period if the breach has not been remedied.
The termination of the Services results in the deletion of the Client’s Account.
Changes to the Terms and Conditions
SEMANTIKMATCH may modify its General Terms and Conditions at any time and will inform the Client by any written means (and in particular by email) at least 30 calendar days before they come into force.
The amended Terms and Conditions are applicable upon renewal of the Customer's Subscription.
If the Client does not accept these changes, it must terminate its Subscription in accordance with the terms and conditions set out in the "End of Services" article.
If the Client uses the Services after the entry into force of its amended Terms and Conditions, SEMANTIKMATCH considers that the Client has accepted them.
Applicable law and competent courts
The General Terms and Conditions are governed by French law.
In the event of a dispute between the Client and SEMANTIKMATCH, and in the absence of an amicable agreement within 2 months of the first notification, the latter will be subject to the exclusive jurisdiction of the courts of Paris (France), unless otherwise stipulated.
Appendix 1 – SLAs
Anomaly Management Process
SEMANTIKMATCH is involved in the management of bugs or malfunctions found on the Solution (the "Anomalies") within the framework of SEMANTIKMATCH's support intervention periods, namely between 9 a.m. and 6 p.m. (CET) from Monday to Friday. Any time limit that began during this time slot will expire at the same time on the last working day of the time slot. Any Anomaly reported outside of this time slot will be taken care of the next business day.
These Anomalies fall into 3 categories:
«Critical Anomaly": makes it impossible to use the Services,
"Major Anomaly": reduces the use of the Services by preventing the use of certain essential features,
"Minor Anomaly": makes it impossible for the Client to use one or more non-essential features of the Services.
The Client may report any Anomaly to SEMANTIKMATCH to the contact details mentioned in the article "Identification of SEMANTIKMATCH" by endeavouring to provide as much information as possible. Receipt of this report is equivalent to reporting an Anomaly.
SEMANTIKMATCH will inform the Client of the origin of the Anomaly by email.
If the Solution is not the cause of the Anomaly, no maintenance will be performed.
If the Solution is the cause of the Anomaly, SEMANTIKMATCH will inform the Client of its qualification within 4 hours (the "Diagnostic Date") and will correct it within the following periods:
Critical Abnormality: within 24 hours of the Date of Diagnosis,
Major Abnormality: within 48 hours of the Date of Diagnosis,
Minor Abnormality: within 5 working days of the Date of Diagnosis
If SEMANTIKMATCH is unable to correct a Critical or Major Anomaly within the expected timeframe, it will make its best efforts to provide a workaround.
SEMANTIKMATCH may record the end of the intervention by email or, if applicable, the reporting system available on the Solution.
Service Level Guarantee
SEMANTIKMATCH makes its best efforts to maintain 24/7 access to the Solution and guarantees the monthly availability of the Services at 99.5%.
The Services are considered unavailable in the event of a breakdown, i.e. a failure (1) resulting from any element that is the responsibility of SEMANTIKMATCH, excluding planned maintenance interventions (2) preventing the use by the Client of one or more essential functionalities (the "Outage").
The calculation of the monthly availability rate of the Solution, without this list being exhaustive, does not include any incident attributable to third parties and in particular to the Client, hosting providers, telecom operators, or in the event of an incident related to external application portals to which SEMANTIKMATCH is connected by API.
The availability rate is calculated on a monthly basis and begins from the first full month of the Services.
Uptime Rate = [Total Time – Downtime] / Total Time * 100 Example (for the month of January):
Total Time = 31 days * 24 hours = 720 hours
Outage Time = 6 hours
- Uptime = [720 – 6] / 720 * 100 = 99.2%
The calculation of this percentage does not take into account cases of unavailability due to:
planned maintenance under the conditions defined in the "Maintenance" article,
the suspension or termination of the Services pursuant to the General Terms and Conditions,
all the cases listed in the provisions of the article "concerning the quality of the Services".
A Breakdown is recorded from the occurrence of the first of the following 2 events:
a report from the Client to the contact details mentioned in the article "Identification of SEMANTIKMATCH";
a report from SEMANTIKMATCH.
The outage time is the time between the reporting and the notification of the restoration of the Services, minus the delays caused by the Client when the outage is resolved (e.g. the Client's non-response).
In the event of a failure lasting more than 4 hours, SEMANTIKMATCH will implement appropriate backup solutions within 5 hours of the occurrence of the outage in order to ensure the continuity of the Services.
In the event that the availability rate of the Services is not reached, the Client has 30 calendar days following the end of the month in which the Outage was observed to request the application of penalties corresponding to a Service credit applied to the next fee. These penalties are calculated according to the following table:
Availability rate
Penalties deductible from the price of the
Services
between 100% and 99%
0%
between 99% and 95%
5%
between 95% and 90%
10%
Less than 90%
20%
SEMANTIKMATCH may contest the application and/or amount of the penalties. If necessary, it will notify the Client by justifying the reasons for its dispute. The parties will meet, within a maximum period of 15 days from the contestation of SEMANTIKMATCH in order to agree on the applicability of the penalties and their rate.
If after discussions:
SEMANTIKMATCH agrees to pay penalties, it will apply the corresponding Services credit on the next monthly fee. After application of this credit, the Client will no longer be able to claim any other compensation for non-compliance with the availability rate of the Services;
no agreement is reached, the provisions of the article "Applicable Law and Competent Jurisdictions" of the General Terms and Conditions will apply.
Appendix 2 – Destination of the Solution
Commercial deck sent originally
Appendix 3 – Personal Data
Description of the data processing carried out by SEMNATIKMATCH on behalf of the Client
Purposes of the processing of personal data
Provision of Services
Nature of processing operations
Collection, recording, organization, structuring, storage, retrieval, consultation, use, communication by transmission, alignment or interconnection, erasure or destruction.
Type of personal data processed
Identification data (surnames, first names, contact addresses)
Academic and professional data (pseudonymized CVs, past and current experiences, diplomas, certification)
Audio and video data from the Candidates' excerpts
Categories of data subjects
Candidates and Client Staff
Duration of treatment
Duration of the Terms and Conditions
List of Authorized Subprocessors
Authorized sub-processors | Contracted processing activities | Localization of treatments | Appropriate safeguards in place in case of data transfer outside the EU |
Supabase | Data storage | European Union | N/A |
Azure | Application hosting and web data processing services | European Union | N/A |