%202.svg){kind=logo}
Privacy Policy
The present Privacy Policy (hereinafter the “Privacy Policy”) governs the matters relating to the data processing when using the Platform Helio.AI.
This document governs the matters relating to the processing and protecting Customers’ personal and other data.
This document is an integral and substantive part of Helio.AI’s Standard Terms of Service (hereinafter the “Terms of Service”) (available at: https://www.helio-ai.com/ ) and shall be interpreted together with the said Terms of Service.
The present document is of binding legal nature. By selecting “I agree” you confirm that you have reviewed the document, confirm the content thereof and acknowledge that the relation(s) between you and Helio.AI will be governed by the terms and conditions of this document.
In the event of discrepancy between this document and the Terms of Service, the rules set forth in this Privacy Policy shall prevail.
The terms and definitions applied in this document shall be interpreted in accordance with the Terms of Service, unless determined otherwise in this document and/or derived otherwise from the context of the Privacy Policy. Further, where the context requires, certain definitions applied in this Privacy Policy shall have the meaning ascribed to them in the Law of Georgia “on Personal Data Protection”.
1. General Terms
1.1. Helio.AI taking into account the importance of the personal data and other confidential data (hereinafter collectively referred to as the “Data”), adopts the most advanced measures available to Helio.AI for the purposes of ensuring the protection of the said Data. Helio.AI will always ensure that the safety mechanisms comply with the existing laws of Georgia, best international practice and technical achievements.
1.2. The Privacy Policy sets out information as to the manner and purpose of collecting and processing the Data by Helio.AI from the Customers and Candidates that use the Helio.AI Platform and Services.
1.3. The Privacy Policy shall not extend to the web-sites and apps of the Third Parties that may be used by the Customer, including when using the Platform. Prior to visiting any link, the Customer shall familiarize with the terms and conditions of such Third Party, including the Privacy Policy and/or other documents relating to the data protection.
1.4. Helio.AI receives and processes: (1) the Data provided by the Customer and the Candidate to Helio.AI; (2) as well as the Data available to Helio.AI as a result of the Customer’s and/or Candidate’s use of the Platform and Services.
1.5. Further, Helio.AI processes the Data of those persons that do not represent the Customers registered on the Platform, provided however that these persons use the Platform for the purposes of seeking employment (for example, the Candidate that does not represent the Customer registered on the Platform and uploads his/her resume on the Platform and/or places the data related to him/her on the Platform).
1.6. Helio.AI processes the Customer Data as long as the Customer’s Account is active, whereas the Data of the person(s) indicated in Clause 1.5 of this Privacy Policy as long as and for the term the Account of the Customer (that the Candidate has placed his/her information related to the Job Opening thereof) remains active, unless the the Customer removes its Data associated to its Account. Upon deactivation of the Account, the Data of the Customer and/or the Data of the person(s) indicated in Clause 1.5 shall be removed in accordance with the rules of this Privacy Policy, unless (i) such Data is required to be stored for the purposes of ensuring compliance with the requirements set forth by the law; and/or (ii) storage of such data is requested by the Customer, wherein Helio.AI may extend the term of storing the Data of such Customer for no longer than 6 (six) months.
2. Purposes of Data Processing
2.1. Helio.AI processes the Data in accordance with the rules and conditions set forth in this Privacy Policy for the purposes of the Customer’s use of the Platform, providing Services to the Customer and optimizing, fixing and improving the processes related to the Platform, as well as for direct marketing purposes. Below list refers to some of the examples as to the use of such Data. Helio.AI:
• Provides the Customer the Services/products in relation to the Platform (support the Recruitment process, ensuring certain functionalities of the Platform).
• Creates an Account on the Platform.
• Provides the Customer with the information in relation to the Services(including, provides the Candidate(s) with the information through SMS or e-mail on behalf of the Recruiter).
• Markets the preferences, products or special measures via e-mail or phone, provides the Customer with marketing information.
• Provides the Company with the information in relation to the Candidate (for the avoidance of any doubt, Helio.AI provides the Company with the information on the Candidate that has been uploaded/placed by the Candidate in relation to certain Job Opening).
• Performs testing of the changes in Services and implements new possibilities and/or products, improves the AI model.
• Reacts on the potential problems as to the Service, provides answers to the technical questions and resolved disputed matters.
• Stores information/Data in relation to Recruitment processes.
• Prevents, examines and reacts to the matters such as fraud, Non-authorized Use of the Services, breach of the Terms of Service or other illegal activities.
• Complies with the requirements of law, including but not limited to the Anti-Money Laundering normative acts.
3. Grounds and Rules for Obtaining the Data
3.1. Helio.AI processes the Data on the basis of the Customer’s and/or the Candidate’s consent to use the Platform and to provide Helio.AI with the Data for the purposes of its processing and/or to allow Helio.AI to obtain/process the Data.
3.2. By using the Platform/Services the Customer and/or the Candidate agrees to the rules of processing the Data, purposes, grounds and scope set out in this Privacy Policy.
3.3. The forms of obtaining/receiving the Data by Helio.AI:
3.3.1. The Customer’s registration on the Platform or the use of the Platform and provision of the Data (including but not limited to the E-mail, name, surname, Mobile Number (and etc.) of the Account Holder, Recruiter or Authorized User) to Helio.AI for the purposes of using the Platform.
3.3.2. The Data shared/uploaded by the Candidate when using the Platform (including but not limited to the name, surname, e-mail, telephone number, address, the data indicated in the resume, such as the work experience).
3.3.3. The Data is available to Helio.AI through the Company’s and/or the Candidate’s use of the Platform (including but not limited to the IP Address, time of using the Platform, date, place, browser version). Such Data is made available to Helio.AI when the Candidate:
3.3.3.1. Places, sends, shares information on the Platform for the purposes of applying to the Job Opening.
3.3.3.2. Comments on Helio.AI blog, forum or social page.
3.3.3.3. Uses the Platform for various Services.
Further, such Data is available to Helio.AI when the Company:
3.3.3.4. Creates or revises the Account;
3.3.3.5. Uses the Account;
3.3.3.6. Contacts the Customer Support;
3.3.3.7. Uses the Platform for various Services.
3.4. Further, by using the Platform the Company provides Helio.AI with the Data concerning the Candidate, when:
3.4.1. The Recruiter places Data in relation to the Candidate on the Platform (including but not limited to the name, surname, e-mail, telephone number, city of residence);
3.4.2. Adds natural persons as Authorized Users to the existing Account.
3.4.3. Provides Helio.AI with an e-mail of an individual who will be provided with the invoice for the purposes serving/receiving the payment invoice by Helio.AI.
4. Categories of the Data being Processed
4.1. Categories of the Data obtained and processed by Helio.AI:
4.1.1. Identifiers: Name, surname, identification number, E-mail, Mobile Number, address, Account name, social page URL.
4.1.2. Commercial/transactional Data: billing information, purchased products or Services, bank card data and bank account details, payment methods and information related to the payment;
4.1.3. Automatically obtained Data;
4.1.4. Data provided through the Customer’s use of the Platform and/or voluntarily provided information when creating the Account;
4.1.5. Information on the subscription of the marketing messages and/or cancellation thereof;
4.1.6. Information provided when assessing/rating the Services;
4.1.7. Information on the time spent on the Platform by the Customer.
4.2. Categories of the Data automatically obtained by Helio.AI:
4.2.1. Information on the use of the device and transaction, including but not limited to: the form of the use of the Platform, information on the computer or other device, such as mobile phone or tablet, IP address, unique device identifiers, geolocation, physical location and other characteristics such as operative system and browser, entering the web-site, leaving the web-site and URL, duration of the use of the Platform or Service, date and time, frequency of the use, error detection and other similar data.
4.3. The Customer hereby acknowledges that for the purposes of automatizing the processes on the Platform, the Platform uses AI, including for extracting information from the resume of the Candidate and determining compatibility between the Candidate and the Job Opening, wherein the following Data is made available to AI:
(i) Name, surname, e-mail, address, mobile number, Account name, social channel URL;
(ii) The information set out in the resume of the Candidate, including but not limited to the personal Data of the Candidate, as well asthe skills of the Candidate and the information on the education and work experience thereof.
4.4. The Customer hereby agrees and acknowledges that Helio.AI is entitled to process the Customer Data through filing and profiling system.
5. Cookies
5.1. When storing and/or collecting Data Helio.AI uses Cookies that represent files downloaded on the Customer’s/Candidate’s device and entailing small amount of information that is being stored in Customer’s/Candidate’s technical device by the Customer/Candidate browser (Chrome, Safari and etc.). Additionally, Cookies represent the memory of the browser in relation to a specific web-site and detect the moment of the Customer’s/Candidate’s use of the web-site and are adjusted to the Customer’s requirements. Cookies enable the Customer/Candidate to adapt the web-site to the Customer’s/Candidate’s needs and assist the Customer/Candidate so that the Customer/Candidate is not required to adjust the parameters (such as the language of the web-site) for each use.
5.2. Cookie files enable the web-site to adjust to the Customer/Candidate. Cookies enable Helio.AI to provide, protect and improve the Services by personalizing content, adjusting the content to the Customer/Candidate and provide for a safe experience.
5.3. Cookies may vary and may be of different category: location, registration, marketing, Third Party Cookies and etc.
5.4. Third-party Cookies mainly refer to the Cookies of the Third Parties conducting analytics (such as, Google analytics). Such Cookie files determine the frequency of the Customer/Candidate visiting the web-site, duration of each session and etc.
5.5. Registration and/or Account Cookies provide information on the Customer/Candidate that has registered through the Account and/or uses the Account, as well as information on the duration of the use of the Account and the Services used.
5.6. Geolocation Cookies determine the location of the Customer/Candidate using the web-site.
5.7. Full limitation of the generation of the Cookies by the browser is impossible. Further, restriction of the Cookies may affect the Customer’s/Candidate’s use of the Platform/Services and restrict the use thereof.
5.8. The Customer/Candidate may review and use the Cookie parameters:
▪ Cookie Settings – Firefox
▪ Cookie Settings – Chrome
▪ Cookie Settings - Internet Explorer
▪ Cookie Settings - Safari.
5.9. Helio.AI uses Cookies for the following purposes: authentication, safety, integrity of the web-site and the product, recommendations, rating and responsiveness, web-site functions and Services, performance, marketing, analytics and research.
6. Cookies
6.1. Helio.AI provides Third Parties with the Data solely in the events set forth in this Privacy Policy and/or in the events prescribed under the applicable rules set forth in the law.
6.2. Helio.AI transmits the Data to the following persons (the Data is transmitted to such persons solely to the extent that is required/necessary for the purposes set forth in this Privacy Policy):
6.2.1. Service Providers. The Data is shared with the companies that are being used by Helio.AI for the purposes of supporting the Services. Such companies render services such as storing information, search technologies, analytics, advertisement, messaging, identification systems, fraud detection and/or technical support.
6.2.2. State or administrative bodies in the events directly prescribed by law.
6.2.3. Other Third Parties. Upon the Customer’s request or on the basis of the Customer’s consent, the Data may be transmitted to other Third Parties.
6.3. The Data may also be transmitted to the following persons in following scenarios: granting access over the Account by the Customer to another Customer, including granting the authority to use or revise the content of the Account;
6.4. The Data may also be transmitted to other state provided that the such transfer is executed on the grounds set forth in the law of Georgia “on Personal Data Protection” and the respective state ensures sufficient degree of protection of the data and the rights of the data subject.
6.5. In the event the data is transmitted in a state which fails to provide sufficient degree of protection of the data and the rights of the data subject, Helio.AI ensures to conclude a respective Data Processing Agreement in accordance with the requirements of the law. Such agreement shall ensure to provide adequate protection of the personal data of the data subject for the purposes of protecting the data subject. Prior to transmitting the data to the Third Party, Helio.AI shall examine the respective organizational and/or technical measures adopted by the said Third Party intended to protect the protect the data.
7. Direct Marketing
7.1. In the event during the registration or by using the respective tool while using the Platform, the Customer agrees to receive marketing messages from Helio.AI, Helio.AI is entitled to use the name, surname and E-mail of the Customer for the direct marketing purposes and provide such Customer with the marketing messages via the E-mail. For the purposes of this Privacy Policy direct marketing means offering the services by Helio.AI in relation to the Platform via communication means.
7.2. Helio.AI is entitled to personalize marketing messages on the basis of the Customer’s history of using the Platform (including, frequency of use, orders, payment).
7.3. In the event the Customer does not wish to receive marketing messages from Helio.AI, the Customer is entitled to use the option “Unsubscribe” on the Platform and/or E-mail at any time and object to such marketing messages. Helio.AI shall cease processing of the Data for direct marketing purposes within 7 (seven) business days upon receipt of the Customer’s corresponding request.
8. Liability and Further Obligations of Helio.AI acting in its capacity as the Data Processor
8.1. Helio.AI shall be liable for processing, storing of the Data provided to Helio.AI and protecting the confidentiality of such Data.
8.2. The Customer that provides Helio.AI with the Data, hereby confirms and warrants that the Customer possesses corresponding legal ground to process and provide such Data to Helio.AI (including that the Customer has obtained the respective consent from the Candidate in relation to the Data processing). The Customer shall be fully liable for complying with the said representation/warranty/confirmation.
8.3. The Customer acting in its capacity as the processor and collector of the Data/information/document (acting as the Data Controller for the purposes of the Law) uploaded/shared/received on the Platform and/or the Data entailed therein shall bear full liability in relation to such Data/information/document and the content/Data thereof. For the avoidance of any doubt, Helio.AI shall in no event be liable in relation to the Data/information/document uploaded/shared/received by the Customer through the Platform and/or processing/collecting the Data entailed therein.
8.4. The Parties hereby agree that pursuant to the Law of Georgia “on Personal Data Protection” (hereinafter the “Law”) and in the events prescribed in the said Law, while processing the personal Data shared by the Customer during the Customer’s use of the Platform, Helio.AI acts as the Data Processor that processes the personal Data for and on behalf of the Customer acting in its capacity as the Data Controller. Therefore, Helio.AI represents that Helio.AI shall process the personal Data in accordance with the Law and the rules set forth in this Privacy Policy, including:
8.4.1. Helio.AI shall adhere to the requirements set forth by the Law and the present Privacy Policy;
8.4.2. Helio.AI shall process the personal Data only on the basis and within the scope of this Privacy Policy and for the purposes prescribed in this Privacy Policy and the respective instructions (if any) provided in writing (including by electronic means) by the Customer acting in its capacity as the Data Controller; and shall not transfer/assign the right/authorization to process the Data to any other party without the prior written consent (including the consent expressed by electronic means) of the Customer;
8.4.3. On the basis of the prior consent of the Customer in writing (including by electronic means), Helio.AI is entitled to engage sub-contractor(s) in the process of processing the personal Data provided that the said sub-contractor(s) undertake the obligations prescribed in this Privacy Policy; Helio.AI acknowledges and confirms that the involvement of the sub-contractors in the process of Data processing shall not exempt Helio.AIfrom its obligations undertaken under this Privacy Policy;
8.4.4. Helio.AI represents that deriving from Helio.AI’s activities and its purposes there is no substantial threat of nonpurposive processing or infringement of the rights of the Data Subject; For the avoidance of any doubt, the definition “Data Subject” shall have the meaning ascribed to is in the Law and shall mean any natural person that the Data that is being processed is associated with;
8.4.5. In order to ensure the security of the personal Data and protection of the rights of the Data Subject(s), as well as to eradicate the incidents related to the Data security, Helio.AI undertakes to adopt reasonably practical organizational-technical measures that are appropriate to the respective potential and/or accompanying threats to the Data processing; For the avoidance of any doubt, an incident refers to a breach of the Data security that results in the unlawful or accidental damage, loss, unauthorized disclosure, change, access to the Data, collection/obtaining of the Data or otherwise unauthorized processing thereof;
8.4.6. In the event of an incident related to the Data security, Helio.AI shall inform the Customer on the respective incident and provide the respective information available to Helio.AI within reasonable period but no later than 24 (twenty-four hours) upon detection of the said incident by Helio.AI;
8.4.7. In the event of any request submitted by a third party, including the Date Subject and/or the respective regulatory/supervisory body, Helio.AI shall inform the Customer on the said request and, if requested by the Customer, provide the Customer with reasonable assistance for the purposes of addressing the request and/or adopting the respective measures;
8.4.8. For the purposes of ensuring the Customer’s (acting in its capacity as the Data Controller) compliance with the statutory requirements, Helio.AI shall provide the Customer with the necessary information, adopt the respective organizational-technical measures and assist the Customer in the monitoring of the data processing and provide the Customer with the respective reasonable assistance in this regard;
8.4.9. Helio.AI represents that any employee of Helio.AI participating in the Data processing has undertaken the duty of confidentiality;
8.4.10. Helio.AI represents that in the event of the dispute with the Customer in relation to the Data processing, Helio.AI shall immediately cease the processing of the personal Data and shall immediately deliver the data to the Customer acting in its capacity as the Data Controller;
8.4.11. In the event the Customer ceases to use the Platform, Helio.AI shall cease the processing of the personal Data and subject to the Customer’s request shall return the personal Data provided/processed during the Customer’s use of the Platform and shall destroy such Data/copies thereof in accordance with the rules and conditions prescribed in this Privacy Policy;
8.4.12. The Parties hereby represent and confirm that for the purposes of the Law this Privacy Policy represents a written agreement between the Customer (acting as the Data Controller) and Helio.AI (acting as the Data Processor).
9. Security
9.1. Helio.AI ensures to regularly examine/test the information security of the Platform (including, through the internationally certified Third Party, in accordance with the international practice.
9.2. Helio.AI uses the Amazon Web Services (AWS) data center located in Frankfurt (Germany) for storing the data. The Personal Data Protection Service of Georgia recognizes the Federal Republic of Germany among the countries where transmission of the Data is considered safe.
9.3. Upon being uploaded on the Platform, the data uploaded by the Candidate is encrypted that ensures that the information pertaining to the Candidate, including, his/her resume and the content thereof is not accessible to the Helio.AI’s employees (save for the limited number of employees of Helio.AI that are granted the access to such Data for the purposes of Helio.AI’s performance of the respective obligations) and is accessible only to those persons that have been granted such access by the Customer.
9.4. The Customer shall immediately inform Helio.AI on any incident related to Helio.AI’sinformation security (including the security of the personal or other Data), that the Customer has been made aware of and may affect Helio.AI’s services and/or the Platform. For this purpose, the Customer shall provide Helio.AI with any relevant detail in relation to the incident, including the nature of the incident and its potential effect on Helio.AI’s services and/or the Customer’s information/Data. Further, the Customer shall cooperate with Helio.AI in the process of investigating and resolving the respective incident, provide Helio.AI with necessary information and provide the respective assistance in the process of investigation and resolving the incident. For the purposes of providing information as to the incident the following means of communication shall be used: e-mail: Hi@helio.ai.com
10. Customer Rights
10.1. The Customer and/or the Data Subject is entitled to:
10.1.1. Obtain information on the Data being processed in relation to such Customer/Data Subject, including but not limited to: the particular Data being processed, the purpose of processing thereof, methods of collecting Data/sources of Data, information on the period during which the data is being stored or the criteria for determining such period, information on the rights of the Data Subject, information on the transmission of the Data (if any), information on the automatic processing, including profiling (if any). Further, the Customer/Data Subject is entitled to familiarize with the Data processed in relation to such Customer/Data Subject and request a copy of his/her/its Data by submitting corresponding request on the e-mail indicated in Clause 12. In the event of such request, Helio.AI undertakes to provide the Data Subject with the requested information within 10 (ten) business days upon receipt of such request. The said period may be extended in the events prescribed by the Law.
10.1.2. Request to correct, update, complete, add, block, remove and/or destroy the Data (note: the request to remove the Data (whether partially or fully) or restrict the processing of the Data (whether partially or fully) may impede the Services or may result in the ceasing of the use of the Services (See. Clause 11)). For the avoidance of any doubt, the Customer’s request as to blocking, removing, destroying and/or ceasing of the processing of the Data shall not affect the legality/lawfulness of the processing of the Data prior to raising such request. In the event of such request, Helio.AI undertakes to address such request (and/or provide the information to the Data Subject on such request in the event set forth in Clause 11.3 of this Privacy Policy) within 10 (ten) business days upon receipt of such request. The said period may be extended in the events prescribed by the Law. Further, should the data subject request to block his/her Data by Helio.AI, Helio.AI shall inform the Data subject on Helio.AI’s respective decision within 3 (three) business days. Helio.AI is entitled to dismiss the Customer’s request in relation to blocking of the Data in the events prescribed by the Law.
10.1.3. Object to the processing of the Data for direct marketing purposes. In the event the Customer objects to the processing of the Data for direct marketing purposes, exercise of such right does not deprive Helio.AI from using the Customer’s contact/communication Data for the purposes of providing information on the Services. In the event of such request, Helio.AI undertakes to stop processing of the Data of the Data Subject for direct marketing purposes within 7 (seven) business days upon receipt of such request.
10.1.4. Withdraw his/her/its consent on the processing of the Data at any time without providing any argumentation/explanation and contact the Personal Data Protection Service of Georgia in the event of claims/complaints and/or file a claim at the court. In the event the Data Subject withdraws his/her/its consent on the processing of the Data, Helio.AI shall act in accordance with Clause 11 of this Privacy Policy.
10.1.5. Exercise the rights indicated in this Privacy Policy by serving a notice to Helio.AI on the e-mail indicated in Clause 12. The notice shall comprise the name, surname, address, Mobile Number of the Customer. Helio.AI is entitled to request additional information for the purposes of identifying the Customer. Helio.AI may refuse to satisfy those complaint(s) of the Customer that are unsubstantiated, unreasonably repetitive or excessive.
11. Termination of the Data Processing
11.1. In the event the termination of the Data Processing is based on the Customer’s/Data Subject’s request or the requirement set forth in the law, the processing of the Data and/or its removal/destruction (as per the request) shall take place within reasonably tight deadlines, but no later than within 10 (ten) business days upon receipt of such request so that the rights and/or interests of the other parties are not affected.
11.2. In the event the Customer’s Account is deactivated (wherein the Customer no longer uses the Platform) Helio.AI shall destroy/erase the Data associated with the Customer within 10 (ten) calendar days upon such deactivation (except for the events envisaged in Clauses 11.3-11.4 of this Privacy Policy). Further, the Customer is entitled to request erasure/destruction of the Data in shorter period of time – in such case the Customer’s Data shall be removed by Helio.AI within the term set out in Clause 11.1.
11.3. In the event the Data Subject submits a request envisaged under Clause 11.1, Helio.AI is entitled to dismiss such request in the events set forth by the Law. Helio.AI shall inform the Data Subject thereof within 10 (ten) business days upon receipt of such request.
11.4. For the avoidance of any doubt, it is possible and admissible that the necessary amount of the Customer’s Data is still being stored and processed to the extent necessary, if the processing/storing of such Data is necessary for the purposes of accounting, dispute resolution, crime prevention and/or complying with the requirements set forth by law. Further, the Company is entitled to request to extend the term of Data storage by Helio.AI, wherein the Data storage will be extended for 60 (sixty) calendar days upon the termination of the Agreement.
12. Final Provisions
12.1. This Privacy Policy may be amended in accordance with the rules set forth in the Terms of Service.
12.2. The communication between the Customer and Helio.AI on the matters related to Data privacy shall be conducted via following e-mail: Hi@helio-ai.com
12.3. This Privacy Policy is drawn up in Georgian and English languages. In the event of discrepancy between the Georgian and English versions of this document, the Georgian version shall prevail.