Humaia AI operates the Services and, as applicable, handles Personal Data according to this privacy policy. The customer must expressly accept these terms by checking a box in the registration form.

Use of Data

1.1. Customer Data Safeguards

Humaia AI will not sell, rent, or lease Customer Data to any third party. Humaia AI will not share Customer Data with third parties, except when needed to provide, secure, and support the Services as mentioned in this privacy policy.

1.2. Data Processing Agreement

The Data Processing Agreement (DPA) constitutes the instructions given by the Customer to Humaia AI regarding the processing of Personal Data, in accordance with Article 28 of the GDPR. Acceptance of the DPA is a condition precedent to the conclusion of the Terms of Service between the parties and its entry into force. The Customer, as the data controller, and Humaia AI, as the data processor, undertake to respect Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) and any other applicable data privacy or data protection law or regulation (collectively, “Applicable Data Protection Law”). To deliver the Services, Humaia AI collects, processes, and produces Customer Data, which may include any information relating to an identified or identifiable natural person (‘data subject’), where an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity (such information, “Personal Data”).

1.3. Hosting and Processing

Unless otherwise specifically agreed to by the Customer, Customer Data may be hosted by Humaia AI or its authorized third-party service providers in the European Union or other locations around the world. In providing the Services, Humaia AI will engage entities to process Customer Data, including any Personal Data within Customer Data pursuant to this privacy policy, within the EU and in other countries and territories. The Services offered by Humaia AI are hosted on OVH located in the European Union.

1.4. Marketing References

The Customer expressly authorizes Humaia AI to quote them and use their brand or logo as a commercial reference, including during events, in commercial documents, and on its website, in any form whatsoever.

Obligations

2.1. Customer’s Obligations

The Customer is responsible for complying with its obligations as a data controller under this DPA and Applicable Data Protection Law, including the lawfulness of disclosing personal information to Humaia AI. The Customer, who collects the Personal Data, remains responsible for informing the data subjects of the transfer and processing of said data by Humaia AI, whose responsibility as a data processor can only be engaged within this limit.

2.2. Humaia AI’s Obligations

Humaia AI will make its best efforts to:

• Process the Personal Data only on documented instructions from the Customer.
• Ensure that employees and contractors authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
• Considering the nature of the processing, assist the data controller by appropriate technical and organizational measures, insofar as possible, to fulfill the Customer’s obligation to respond to requests for exercising the data subjects' rights. Humaia AI acknowledges that it is solely the responsibility of the Customer to respond to the requests of the data subjects.
• Assist the Customer in ensuring compliance with obligations regarding security, personal data breaches, data protection impact assessments, and prior consultation, considering the nature of processing and the information available to Humaia AI.
• At the choice of the Customer, communicated to Humaia AI in writing, delete or return all the Personal Data to the Customer after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the Personal Data.
• Notify the Customer without undue delay after becoming aware of a personal data breach. Humaia AI acknowledges that it is solely the responsibility of the Customer to notify the personal data breach to the competent supervisory authority and communicate the personal data breach to the data subjects.

Subprocessing

Humaia AI is authorized by the Customer to use subprocessors for the performance of its contractual obligations, including the processing of Personal Data, provided that Humaia AI has concluded a written or electronic agreement with the subprocessor guaranteeing a level of protection equivalent to the level provided for in the DPA. At the Customer’s request, Humaia AI will communicate the main provisions of this agreement. Humaia AI must inform the Customer of any intended changes concerning the addition or replacement of a subprocessor. The Customer may object to such changes if the subprocessor does not comply with GDPR mandatory provisions, within eight days of being informed.

Ownership

The Customer will continue to retain its ownership rights to all Customer Data processed under the Terms of Service, and Humaia AI will own all Usage Data.

Humaia AI’s Use of Data

Humaia AI may receive, collect, store, and process Customer Data based on the contract concluded by the Parties and Humaia AI’s legitimate interest in operating the Services. For example, Humaia AI may collect Personal Data (such as name, phone number, address) through the account activation process. Humaia AI may also use Customer Data in an anonymized manner, such as conversion to numerical values, for the training of machine learning models to support certain features and functionalities within the Services. To process this data, Humaia AI uses only GDPR-compliant third-party API services to find the best talents.

For any inquiries related to privacy policy, terms of use, or data protection, please contact us at: hello@humaia.ai