Terms of Use (ToU) – K-SCAN Platform

Last updated: November 28, 2025

Article 1 – Definitions and Publisher Identification

1.1. Definitions For the purposes of these Terms of Use (hereinafter the "ToU"), the following terms shall have the meanings set out below: Client: any legal or natural person acting for professional purposes who has subscribed to a subscription or obtained a right of access to the Services. The Client is responsible for the use of the Services by its employees and agents. Candidate: any natural person using the Platform to search for job offers or submit applications. Private CV Database: a database of profiles and CVs belonging to the Client, stored in a strictly segregated and confidential manner. Shared CV Database: a database of anonymised profiles from candidates registered on the Platform and/or data voluntarily shared by other Clients, accessible only with the express consent of the data subjects and the Client. User Content: any information, document, data, CV, profile, job offer, comment or, more generally, any content put online by a User, a Client, an Employer or a Job Seeker. Technical Documentation: all guides, notices, user manuals and technical specifications relating to the Platform and made available by K-SCAN. Client Data: all data, information, files and content, including personal data, imported, transmitted or generated by the Client or its Users in the context of using the Services. Personal Data: any information relating to an identified or identifiable natural person within the meaning of Article 4.1 of Regulation (EU) 2016/679 (GDPR). DPA: the personal data processing agreement ("Data Processing Agreement") concluded between K-SCAN and the Client in accordance with Article 28 of the GDPR. Employer: any legal or natural person using the Platform to publish job offers and/or manage recruitment. Platform: the K-SCAN software, accessible in SaaS (Software as a Service) mode, designed to optimise recruitment processes. The Platform includes in particular functionalities for publishing offers, an ATS (Applicant Tracking System), CV databases (private and shared), semantic matching tools and tools for managing recruitment flows and stages. Services: all services provided by K-SCAN through the Platform, as described herein. User: any natural person duly authorised by the Client to access the Services via a personal account. Kanban View: a visual interface for managing applications or tasks, represented as columns and movable cards, allowing the monitoring of the stages of a recruitment process. Workflow: a configurable sequence of processing or validation steps in a recruitment process (for example: receipt – pre-selection – interview – decision), enabling automation or standardisation of actions carried out on the Platform. 1.2. Publisher Identification The K-SCAN Platform is published by K-SCAN, a French simplified joint-stock company (SAS) with a share capital of €20,000, whose registered office is at 1, place Charles de Gaulle, 78180 Montigny-le-Bretonneux, France. The company is registered with the Versailles Trade and Companies Register (RCS) under number 993 327 444. Hosting: OVH SAS, 2 rue Kellermann, 59100 Roubaix, France. The Services are provided on dedicated, non-shared servers located in France, with data encrypted at rest using AES-256 and in transit via TLS.

Article 2 – Purpose, Scope and Contractual Documents

2.1. Purpose These ToU are intended to define the conditions and modalities of access to and use of the Services by the Client, its Users, Employers and Job Seekers. 2.2. Scope The ToU apply to any subscription, connection or use of the Services, in particular in accordance with the principles of the French LCEN (Law No. 2004-575 of 21 June 2004), the French Civil Code, the French Labour Code, the GDPR (Regulation (EU) 2016/679) and the French Data Protection Act No. 78-17 as amended. 2.3. Acceptance Any use of the Services constitutes full and unconditional acceptance of these ToU. The ToU prevail over any Client terms unless expressly agreed in writing by K-SCAN or unless duly signed Special Terms of Sale (CPV) provide otherwise. 2.4. Contractual Hierarchy In the event of any inconsistency, the order of precedence is as follows: (i) CPV / Quote / General Terms of Sale (GTS), (ii) DPA, (iii) these ToU, (iv) Technical Documentation.

Article 3 – Description of the Services

3.1. Main Features Publication, distribution and management of offers, including possible syndication to third-party partners. Receipt, sorting, qualification and logging of applications; Kanban views; configurable workflows; collaborative management. Decision-support tool based on proprietary algorithms for semantic analysis of skills and experience. Storage, search and management of CVs in the Client's Private CV Database and, with consent, access to anonymised profiles in the Shared CV Database. 3.2. K-SCAN's Role K-SCAN acts as a technical service provider. Recruitment decisions (shortlisting, interviews, hiring) are the sole responsibility of the Client (French Labour Code, Art. L.5332-1). K-SCAN therefore does not act as an employment agency, a temporary work agency or an intermediary for placement within the meaning of Articles L.5321-1 et seq. of the French Labour Code. The matching tools constitute a decision-support aid and may not replace human judgment. 3.3. Management of CVs and Profiles Private CV Database: logically separate space per Client; the data remains the property of the Client; K-SCAN accesses it only on instruction and/or for support purposes. Shared CV Database: optional and regulated access to profiles; requires the express consent of the data subjects; no nominative contact is authorised without the candidate's prior consent. Accuracy: Job Seekers warrant the accuracy, sincerity and updating of their information (Law No. 78-17, Art. 6).

Article 4 – Access to the Services and Obligations of Users

4.1. Accounts and Authentication Creating a named account is a prerequisite for any access. Credentials are strictly personal and confidential. The Client administers the rights and responsibilities of its Users. 4.2. Obligations of the Client and Employers The Client/Employer undertakes to: (i) provide accurate and up-to-date information; (ii) comply with applicable regulations, including rules on non-discrimination (French Labour Code, Art. L.1132-1 et seq.), data protection (GDPR) and the fight against illegal content; (iii) refrain from publishing any content contrary to public order (French Criminal Code, Art. 227-23 et seq.); 4.3. Obligations of Job Seekers Candidates undertake not to disclose sensitive data (social security number, health data, opinions, etc., within the meaning of Art. 9 GDPR) and to report any illegal content via the contact page. 4.4. Illegal Content – LCEN Notice In accordance with the LCEN (Art. 6-I-5), any notice must contain: (a) a description of the disputed facts and their location, (b) the legal grounds, (c) a copy of the correspondence addressed to the author of the content or justification of the impossibility of contacting them. K-SCAN acts promptly on manifestly illegal content. 4.5. Acceptable Use Rules It is prohibited to: (i) divert the Services from their purpose; (ii) attempt to access another party's data without prior consent; (iii) probe or test vulnerability without authorisation; (iv) export data in breach of individuals' rights or applicable laws; (v) use unauthorised scraping robots. 4.6. Sanctions in Case of Breach In the event of a serious or repeated breach of the terms of use, K-SCAN may temporarily or permanently suspend access to the Services, without prejudice to any damages. The Client remains responsible for the use of the Platform by its Users.

Article 5 – Protection of Personal Data (GDPR)

5.1. Roles Controller: K-SCAN for Client/Admin account data, invoicing, logging, security, and for the Shared CV Database. Processor (Art. 28 GDPR): K-SCAN for processing carried out on behalf of the Client within the Private CV Database and ATS. 5.2. DPA A DPA compliant with Art. 28 GDPR specifies instructions, security measures, confidentiality, assistance, subsequent subprocessors, audit and the fate of the data at the end of the contract. The DPA forms an integral part of the agreement. 5.3. Legal Bases, Purposes and Retention Periods Processing is based, as the case may be, on: contractual performance (Art. 6-1-b), legitimate interests (Art. 6-1-f, e.g. security, fraud prevention) and consent (e.g. shared/anonymised profiles). Data is kept for the time necessary to achieve the purposes, plus applicable statutory limitation periods. 5.4. Data Subjects' Rights Every person has rights of access, rectification, erasure, restriction, objection and portability (Arts. 15 to 22 GDPR). Requests are submitted via the contact page. As a processor, K-SCAN assists the Client in responding to such requests. 5.5. Security and Confidentiality K-SCAN implements appropriate technical and organisational measures (Art. 32 GDPR): TLS in transit, logical isolation per Client, regular backups, access control, logging, review of authorisations, planned security testing. Security incidents are notified to the Client within forty-eight (48) hours of being detected by the Client (Art. 33 GDPR), together with information necessary for risk assessment. K-SCAN's Data Protection Officer (DPO) can be contacted for this purpose via the contact page on the kscan.io website. 5.6. Location and Transfers Hosting is located in France. In case of access from a third country, K-SCAN ensures the existence of appropriate safeguards (e.g. the European Commission's Standard Contractual Clauses) and compliant transfer impact assessments. 5.7. Subsequent Subprocessors K-SCAN may use specialised subprocessors (e.g. transactional email, monitoring) listed in the DPA, imposing equivalent obligations on them. The Client is informed in advance of material changes.

Article 6 – Intellectual Property, Licences and Algorithms

6.1. Ownership All elements of the Platform (software, interfaces, code, databases, algorithmic models, trademarks, logos, documentation) are protected by the French Intellectual Property Code (in particular Arts. L.111-1 et seq.) and remain the exclusive property of K-SCAN. 6.2. Licence of Use K-SCAN grants the Client, for the term of the contract and worldwide, a non-exclusive, non-assignable and non-transferable licence to access and use the Platform solely for recruitment management purposes and subject to compliance with the ToU/GTS. The Client shall not decompile, disassemble or reverse engineer the Platform, except in cases expressly permitted by Article L.122-6-1 of the French Intellectual Property Code. 6.3. Client Data and Content Client Data and User Content remain the property of the Client or the respective rights holders. The Client grants K-SCAN a limited licence for hosting, technical reproduction and processing, strictly for the purpose of providing the Services. 6.4. Algorithmic Transparency and Fairness K-SCAN applies governance measures to its models (documentation, testing, periodic controls) aimed at preventing bias and discrimination (French Labour Code, Art. L.1132-1; good practices in AI). Matching functionalities are technical tools to support decision-making and do not guarantee exhaustiveness or the absence of errors. Upon reasonable request, K-SCAN provides meaningful information on the general logic of automated processing affecting candidates, within the limits of trade secrets. 6.5. Third-party Software and Open Source Components The Platform may integrate third-party components subject to their respective licences. Applicable notices are made available and, where applicable, attached as annexes.

Article 7 – Availability, Maintenance, Support and Technical Security

7.1. Availability K-SCAN aims for a high level of service availability (indicative SLA specified in the CPV). Planned maintenance windows may be scheduled with reasonable prior notice where possible. 7.2. Corrective and Evolutionary Maintenance K-SCAN provides corrective maintenance (bug fixes) and evolutionary maintenance (improvements, new versions). Certain changes may modify the interface or functionalities without impairing essential commitments. 7.3. Support A support service is available during business hours specified in the CPV. Requests are handled according to priority levels (blocking, major, minor) and target response times. 7.4. Operational Security Without prejudice to Art. 5.5, K-SCAN applies industry-standard security measures (network segmentation, system hardening, monitoring, backups, business continuity). The Client implements good practices on the User side (strong passwords, MFA, rights management).

Article 8 – Liability, Warranties and Force Majeure

8.1. Liability K-SCAN is bound by an obligation of means. It does not guarantee the exhaustiveness or absolute relevance of matching or search results. K-SCAN's liability is excluded for (i) any indirect damage (loss of business, loss of profit, loss of opportunity; French Civil Code, Art. 1231-3), (ii) unavailability due to external causes (network operator, Internet, Client), (iii) use of the Services that does not comply with the ToU. 8.2. Liability Cap Except in cases of gross negligence or wilful misconduct, K-SCAN's total aggregate liability for the same set of facts shall not exceed the total amount (excluding tax) actually paid by the Client during the six (6) months preceding the triggering event. This cap applies to all causes of claims combined. 8.3. Warranties The Services are provided "as is" with no warranty other than those mandatory under applicable law. K-SCAN does not warrant any particular result, in particular in terms of hiring or recruitment performance. 8.4. Force Majeure Neither party is liable for any failure resulting from an event of force majeure within the meaning of Art. 1218 of the French Civil Code (e.g. large-scale Internet outages, large-scale cyberattacks, fire, natural disaster). The obligations affected are suspended for the duration of the event.

Article 9 – Term, Changes and Termination

9.1. Term These ToU apply for as long as the Services are accessed. 9.2. Changes K-SCAN may amend the ToU for legitimate reasons (legal, technical, security). Material changes are notified to the Client fifteen (15) days before taking effect, unless a shorter mandatory period applies. 9.3. Termination In the event of a material breach not remedied within 30 days of written notice, either party may terminate as of right. The end-of-contract effects are governed by Art. 10 (reversibility).

Article 10 – Reversibility, Return and Deletion of Data

10.1. Export During the contractual relationship and within thirty (30) days of its end, the Client may request an export of its Data (standard formats documented by K-SCAN). The export is provided in an open and structured format (CSV, JSON) allowing data reuse and portability. 10.2. Deletion Unless otherwise required by law, at the end of the reversibility period K-SCAN securely deletes Client Data and the Private CV Database. Technical logs and backups are purged according to their own cycles.

Article 11 – Compliance, Ethics and Audits

11.1. Non-discrimination and Equal Treatment Employers undertake to comply with provisions relating to non-discrimination (French Labour Code, Art. L.1132-1 et seq.) and professional equality. K-SCAN may disable any account using the Platform for discriminatory purposes. 11.2. Anti-corruption and Sanctions Compliance Each party declares that it complies with applicable laws on anti-corruption and international sanctions. K-SCAN may refuse or cease provision of the Services in case of manifest infringement. 11.3. Audit and Evidence Application logs and technical traces may serve as evidence (French Civil Code, Arts. 1366 and 1367). K-SCAN may carry out security and compliance audits, without accessing the Client's trade secrets.

Article 12 – Third Parties, Integrations and Partner Services

The Platform may offer integrations with third-party services (partner job boards, SSO tools, messaging, videoconferencing, etc.). Use of such services is subject to the terms of those third parties, which the Client ensures are accepted and complied with.

Article 13 – Confidentiality

Each party undertakes to keep confidential the other party's information to which it has access in connection with the Services, for the term of the contract and for five (5) years after its end, excluding information in the public domain or lawfully obtained from a third party.

Article 14 – Miscellaneous

14.1. Assignment – Subcontracting The Client may not assign its rights and obligations without K-SCAN's written consent. K-SCAN may freely subcontract subject to compliance with the DPA. 14.2. Severability If any provision is held invalid, the remaining provisions remain in force; the parties shall agree on a clause with equivalent effect. 14.3. Waiver Failure by a party to exercise a right shall not constitute a waiver of that right for the future. 14.4. Language – Governing Law – Jurisdiction These ToU are drafted in French and governed by French law. Any dispute relating to the ToU falls under the exclusive jurisdiction of the Commercial Court of Versailles (French Code of Civil Procedure, Art. 48).

Annex – Employer-Specific Conditions

Publication of offers: the Employer guarantees the lawfulness and fairness of published offers (French Labour Code, Art. L.5331-2 et seq.), the absence of discrimination and the truthfulness of information. Access to CVs: access to the Shared CV Database is subject to the data subjects' consent; any nominative contact requires consent or another valid legal basis. Transparency towards candidates: the Employer provides candidates with the information required by Arts. 13/14 GDPR, including purposes, legal bases, retention periods, recipients, rights and DPO contact details where applicable. Retention: the Employer defines proportionate retention periods (e.g. unsuccessful applications retained for X months) and performs the necessary purges. Traceability: the Employer ensures that rejection/advancement decisions are recorded and justifiable in the event of an audit.

Annex – Security and Client-side Good Practices

Enable multi-factor authentication (MFA) and strong password policies. Restrict authorisations to the strict minimum (principle of least privilege). Set up periodic access reviews. Raise user awareness (phishing, inappropriate data sharing). Configure ATS/CV database retention settings in line with internal and legal requirements.

GDPR / Security Contact

For the Data Protection Officer (where applicable) or to report a security incident, please use the contact section of the site.

Effective Date

These ToU take effect upon publication and replace any prior version.