Terms & Conditions

1. Definitions

• “Service”: the HirePortal platform and all modules, including SmartWatcher, data enrichment, recruitment automation, AI Voice, scheduling functionality, integrations, dashboards and APIs.
• “Candidate”: any natural person whose personal data is processed by or on behalf of the Customer through the Service.
• “AI Voice”: functionality in which an AI system communicates with a Candidate by telephone or other voice channel.
• “Customer Data”: all data the Customer enters, connects or instructs HirePortal to collect or enrich.
• “Applicable Privacy Law”: the GDPR, Dutch GDPR Implementation Act, Telecommunicatiewet, ePrivacy rules, the EU AI Act and other applicable privacy, communications, employment and data protection law.

2. Business use, roles and responsibility

The Service is intended exclusively for professional business use by recruitment agencies, employers and other authorised organisations.

The Customer determines which Candidates are processed, the recruitment purpose, lawful basis, source, enrichment fields, contact channel and message, and is the controller for those decisions.

HirePortal acts as processor only where it processes Candidate Data strictly on documented Customer instructions. The Data Processing Agreement applies to that processing.

HirePortal remains an independent controller for its own account administration, billing, security, abuse prevention, product diagnostics and legal compliance where it determines purposes and means.

Nothing in these terms may be read as excluding a statutory responsibility that HirePortal bears itself under mandatory law.

3. Lawful source, purpose limitation and Customer responsibility

The Customer warrants that every processing activity through the Service has a specific, valid and demonstrable legal basis and complies with lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy and storage limitation.

The fact that personal data is publicly available does not in itself create a lawful basis. The Customer assesses and documents, before use, whether the source and the intended recruitment purpose are compatible and lawful.

The Customer is responsible for information duties towards Candidates, including GDPR Article 14 where data was not obtained directly from the Candidate.

The Customer must not instruct HirePortal to collect or infer data that is not necessary for a concrete recruitment purpose.

The Service may not be used for covert screening, discriminatory selection, stalking, harassment, credit assessment, insurance selection, political profiling or other incompatible purposes.

4. Special categories and criminal-conviction data

The Customer must not collect, infer, label or use special categories of personal data within the meaning of GDPR Article 9 through SmartWatcher or any other module, unless the Customer has established in writing in advance that an applicable exception makes this lawful and HirePortal has permitted the processing in writing.

The same applies to criminal-conviction data and national identification numbers.

HirePortal may apply technical filters or blocks and may refuse instructions where processing is, in its reasonable judgement, unlawful or high-risk.

5. Telephone contact and consent

The Customer is exclusively responsible for selecting the Candidates to be called and for the legal authority to make telephone contact.

As an additional contractual condition for using AI Voice, the Customer warrants that before every outbound call a valid, demonstrable and unwithdrawn Candidate consent for telephone contact by or on behalf of the relevant recruitment organisation has been recorded. HirePortal may apply a stricter consent standard than the legal minimum. No demonstrable consent means no call through HirePortal.

Consent must be freely given, specific, informed, unambiguous, verifiable and traceable to the Candidate, and must sufficiently cover the telephone channel, the relevant recruitment organisation and the recruitment purpose. The Customer is responsible for its validity, currency and provability.

The Customer keeps evidence of consent or contact authority and provides it to HirePortal on first request where needed for complaint handling, supervision or compliance.

Consent may not be obtained by first calling the Candidate unsolicited in order to ask, during that call, for permission for future commercial telephone contact where such prior consent is legally required.

The Customer must immediately act on every withdrawal, objection and do-not-contact request. The Candidate is blocked immediately for further outbound communication through HirePortal. Active Candidate Data is then deleted or anonymised where no other valid legal basis or statutory retention duty exists; only the minimum suppression data may be retained to prevent later re-import or re-contact.

HirePortal blocks outbound calls where required consent metadata is missing, unknown, expired, withdrawn or objected to, or where the Candidate appears on a suppression, blacklist or block list. The Customer may not circumvent that block.

For every manual Candidate import and when enabling an ATS integration, an authorised Customer user must actively confirm, through a declaration that is not pre-ticked, that (i) the Customer is authorised to provide and have the personal data processed; (ii) the data was lawfully obtained; (iii) the Customer is controller for the recruitment purpose; and (iv) Candidates who may be approached through AI Voice have demonstrable telephone consent. The declaration is logged with user, organisation, timestamp, version and import or integration identifier.

An organisation-level attestation at ATS connection does not replace the Candidate-level consent check. Candidates whose telephone-consent status is missing or cannot be reliably mapped default to “UNKNOWN / NO CALL” and cannot be called by AI Voice until the Customer registers valid consent for that Candidate.

A false declaration, uploading Candidates without authority or activating calls without valid consent constitutes a material breach and may lead to immediate suspension or termination of the Service.

6. AI transparency

Where AI Voice communicates directly with a natural person, the Candidate must be clearly and distinguishably informed at the start of the first interaction that they are interacting with an AI system, unless this is objectively obvious and the law does not require a more explicit statement.

The Customer may not disable this standard AI disclosure where doing so would cause non-compliance with applicable law.

The AI may not present itself as a specific human recruiter.

Where calls are recorded or transcribed, the Customer must provide appropriate prior information where required and must have a valid legal basis. Recording is off by default unless otherwise agreed or configured.

7. Recruitment decisions and human oversight

The Service supports recruitment processes but is not an independent recruitment or selection agency and gives no warranty about a Candidate's suitability, accuracy, availability or placeability.

The Customer remains responsible for verifying enriched data and AI output before it is used for material decisions.

The Customer must not use HirePortal for solely automated decisions producing legal or similarly significant effects for Candidates, unless the Customer has independently established that this is lawful, has implemented appropriate safeguards and has informed HirePortal in writing in advance.

The Customer remains responsible for non-discrimination, equal treatment and employment-law compliance.

8. Accuracy of public data and AI output

Public sources can be incomplete, outdated or incorrect, and AI output can contain errors. The Customer verifies relevant information before use.

HirePortal does not warrant that public information is current or complete and is not responsible for a recruitment decision the Customer takes solely on the basis of such information.

The Customer corrects demonstrably inaccurate candidate data without undue delay.

9. Security

HirePortal implements appropriate technical and organisational measures, taking into account risk, the state of the art, cost and the nature of processing.

Personal data is encrypted in transit and, where appropriate, at rest. The production environment may use Supabase and other approved subprocessors.

The Customer is responsible for secure account access, strong authentication, correct roles and permissions and confidentiality of credentials.

No system is entirely without risk; HirePortal does not warrant that security incidents are impossible.

10. Prohibited use

The Customer will not use the Service for: (a) unlawful cold calling; (b) bulk outreach without demonstrable authority; (c) scraping contrary to law, source terms or access restrictions; (d) processing data clearly irrelevant to recruitment; (e) discrimination or prohibited profiling; (f) deception about identity or the use of AI; (g) circumvention of suppression lists; (h) spam, harassment or excessive contact frequency; (i) resale of candidate data as a standalone dataset without a valid legal basis; or (j) any use that exposes HirePortal to a breach of law or regulation.

11. Audit, evidence and compliance

The Customer maintains a demonstrable record of lawful basis, source, information provided, Candidate-level telephone consent, upload and ATS declarations, objections and withdrawals, suppression status and retention periods, and must be able to provide evidence without undue delay on request.

HirePortal may request information or evidence in case of reasonable doubt and may temporarily block functionality.

Where the Customer refuses to provide relevant compliance information, or where there is a reasonable suspicion of unlawful use, HirePortal may suspend or terminate the relevant processing.

12. Intellectual property

All intellectual property rights in the Service, software, models, workflows, documentation and interfaces belong to HirePortal or its licensors.

The Customer obtains only a non-exclusive, non-transferable right of use for the term of the agreement.

The Customer retains the rights it lawfully holds in Customer Data.

13. Availability and changes

HirePortal aims for good availability but does not warrant an uninterrupted or error-free Service unless a separate SLA has been agreed.

HirePortal may change the Service for security, compliance, improvement or technical necessity, provided core functionality is not materially eroded without reasonable cause.

HirePortal may adjust functionality immediately where necessary to follow new legislation or regulatory interpretation.

14. Fees, term and trial

Prices, invoicing, term, monthly or annual subscription and any usage charges follow from the order page or quotation.

A free trial, where offered, lasts three (3) consecutive calendar days unless otherwise stated in writing.

The public 3-day trial starts at first activation: the first completed CSV upload or completed Zoho Recruit connection. Registration alone does not consume the trial.

The public trial is limited to one user, one organisation, up to 25 candidates and up to 30 Voice AI minutes.

After trial expiry, the account becomes read-only unless a paid subscription is chosen. Trial results are retained for fourteen (14) days so upgrading can restore access during that period.

After the trial, paid functionality continues only in accordance with the chosen subscription form.

Unless stated otherwise, prices exclude VAT.

15. Liability

The Customer is responsible for its instructions, candidate selection, lawful basis, permissions, source use, content of outreach, recruitment decisions and compliance with law applicable to it.

HirePortal is not liable for loss directly resulting from unlawful or incorrect Customer instructions, absent or withdrawn consent, inaccurate source data, incorrect use of AI output or Customer conduct outside the agreed Service.

To the maximum extent permitted by law, HirePortal's total contractual liability per event and per calendar year is limited to the amount the Customer paid for the relevant Service in the twelve months preceding the event.

HirePortal is not liable for indirect loss, consequential loss, lost profit, missed placements, reputational damage or loss of data, except where exclusion is not permitted under mandatory law.

These limitations do not apply in case of intent or deliberate recklessness by HirePortal's management, nor where limitation is prohibited by law.

16. Indemnity

To the extent legally permitted, the Customer indemnifies and holds HirePortal harmless against claims, losses, regulatory sanctions, administrative fines, periodic penalty payments, investigation and remediation costs, reasonable legal costs and other demonstrable third-party or authority costs insofar as they arise from or are attributable to (i) unlawful or incorrect Customer instructions; (ii) a false or misleading declaration about authority, lawfulness or consent; (iii) absent, expired or withdrawn consent; (iv) failure to honour objections, blacklist, block or suppression status; (v) breach of Candidate rights by the Customer; or (vi) prohibited or deceptive use of the Service.

Where a regulator imposes a fine, penalty payment or other sanction on HirePortal that is demonstrably caused in whole or in part by Customer conduct as described above, the Customer reimburses the attributable portion to the extent permitted under Dutch law. This indemnity does not apply insofar as the sanction was caused by HirePortal's own independent statutory breach, intent or deliberate recklessness, or insofar as recovery is not permitted under mandatory law or public policy.

These obligations apply, to the extent legally permitted, alongside and independently of HirePortal's general liability cap. The Customer notifies HirePortal immediately of any complaint, regulator question or Candidate claim that may relate to the Service and cooperates reasonably in investigation and defence.

17. Suspension and termination

HirePortal may suspend use immediately in case of a security risk, suspected unlawful processing, abuse, non-payment or the need to comply with law or supervision. On termination, data is deleted or returned in accordance with the DPA, subject to statutory retention duties.

18. Force majeure

Neither party is liable for failures caused by circumstances beyond reasonable control, including major internet or cloud outages, government measures, war, third-party cyber incidents or failure of essential suppliers, provided the affected party takes reasonable mitigating measures.

19. Governing law and disputes

Dutch law applies exclusively to the agreement.

Disputes are submitted exclusively to the competent court of the district in which HirePortal has its statutory seat, unless mandatory law provides otherwise.

The parties first attempt to reach a commercial solution in good consultation for at least thirty days.

20. Order of precedence and language

In case of conflict the following order applies: (1) signed quotation or order; (2) Data Processing Agreement; (3) these Terms & Conditions; (4) other documentation. If an English translation differs from the Dutch text, the Dutch text prevails unless otherwise agreed in writing.