USER AGREEMENT
for the use of the HR Platform with Artificial Intelligence
(hereinafter - the User Agreement)

Terms and Definitions

The following terms, definitions and abbreviations are used in this User Agreement:

AI – Artificial Intelligence.

AI Processing – automated data processing using artificial intelligence algorithms (machine learning models and other technologies), including analysis of resumes, survey responses, interview results, and generation of analytical conclusions/recommendations.

Candidate – an individual who has applied for the Employer's vacancy, whose resume has been received by the Platform via the HH API and/or by other means, and who uses the Platform (including via WhatsApp bot, survey forms, etc.).

Personal Data Processing – actions (operations) with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), use, distribution, anonymization, blocking, destruction, including through the use of AI technologies.

Operator/Employer – QazCloud LLP.

Personal Data – data, including biometric data, relating to a specific or identifiable personal data subject, recorded on an electronic, paper and (or) other material medium.

Platform – the talentai.kz HR platform designed to automate personnel selection using artificial intelligence algorithms (hereinafter – "AI"), including:

  • receiving candidate resumes via API from HeadHunter (hh.kz) (hereinafter – "HH");
  • automated analysis of resumes and other candidate data for compliance with vacancy requirements;
  • interaction with the candidate via WhatsApp messenger, including via chatbot;
  • conducting online surveys (in WhatsApp bot and/or via Google Forms or other forms);
  • use of AI tools at the interview stage.

Application Programming Interface/API – a software interface, a set of rules and protocols that allows two different components to interact by exchanging data and functions.

HeadHunter/HH – an online service in the internet recruitment market for job searching and personnel selection.

General Provisions

By using the Platform, the Candidate confirms that they have read this User Agreement and accepts and confirms its terms in full without any reservations or exceptions.

By using the Platform, the Candidate confirms and gives unconditional consent to the collection and processing of personal data in accordance with the terms of this User Agreement.

If the Candidate does not agree with the terms of the User Agreement, they have the right to stop using the Platform, not fill out forms, and stop interacting with the bot.

The Employer provides the Candidate with the opportunity to participate in the Employer's personnel selection procedure using the Platform and AI technologies, namely:

  • receipt and processing of the Candidate's resume received via HH API;
  • automated analysis of the resume for compliance with the qualification requirements of a specific vacancy;
  • initiating and conducting communication with the Candidate via WhatsApp (including via chatbot);
  • conducting online surveys and questionnaires;
  • use of AI at the interview stage.

The Platform does not independently make legally significant decisions on hiring/refusing to hire. The final hiring decision is made by the Employer. The results of AI analysis are of a recommendatory nature.

This User Agreement constitutes a legally binding agreement between QazCloud LLP and the Candidate.

About the Platform

The Platform is a digital software solution designed to automate the processes of candidate selection and preliminary evaluation using AI technologies.

The Platform is used by the Employer to optimize interaction with candidates and improve the efficiency of recruitment procedures.

The Platform performs an auxiliary function in the personnel selection process and is designed to provide the Employer with analytical information and recommendations based on processed candidate data.

Rights and Obligations of the Parties

The Candidate as a personal data subject has the right to:

  • receive information about the collection, processing, and storage of their personal data;
  • request modification, addition, blocking, or destruction of their personal data;
  • withdraw consent to the processing of personal data;
  • appeal the Operator's actions to the authorized body or court.

The Candidate undertakes to:

  • provide accurate and up-to-date personal data and other information;
  • not transmit third-party data through the Platform without their consent;
  • not use the Platform to post knowingly false, offensive, or illegal information.

The Operator undertakes to:

  • process the Candidate's personal data in strict accordance with the legislation of the Republic of Kazakhstan and this User Agreement;
  • prevent disclosure of personal data to third parties without legal grounds and (or) the Candidate's consent;
  • ensure the protection of personal data in accordance with the requirements of the legislation of the Republic of Kazakhstan.

Processing of Personal Data

By providing information about themselves when filling out any forms on the Platform and/or providing any other information (including personal data), the Candidate confirms and agrees to the collection and processing of their personal data in the scope and for the purposes specified in this User Agreement.

Processing of the Candidate's personal data is carried out in accordance with the Law of the Republic of Kazakhstan "On Personal Data and Their Protection".

The Platform uses AI systems for auxiliary purposes. The Candidate is notified that AI does not independently make legally significant decisions. All AI results are subject to mandatory human review. The Candidate may object to AI Processing by contacting the Operator.

The following categories of the Candidate's personal data may be processed within the Platform:

  • Resume data: full name, date of birth, gender (if specified), contact details, education, work experience, desired position, expected salary, etc.;
  • Data received via WhatsApp bot and/or forms: identity confirmation, survey answers, preferences, professional interests;
  • Technical data: session identifiers, date and time of interaction, communication channel information, IP address, device/browser type.

The retention period for personal data is no more than 5 (five) years from the completion of the selection procedure, unless a different period is provided for by the legislation of the Republic of Kazakhstan.

Withdrawal of consent is carried out by sending a written application to the Operator's email address.

Liability of the Parties

The Parties shall be liable for non-performance or improper performance of obligations under this User Agreement in accordance with the legislation of the Republic of Kazakhstan.

The Operator shall not be liable for:

  • actions and malfunctions of third-party services and platforms not controlled by the Operator (including HH, WhatsApp, Google, and other services);
  • consequences of the Candidate providing inaccurate, incomplete, or outdated data;
  • actions of third parties who gained access to the Candidate's personal data through no fault of the Operator.

The Candidate is notified and confirms their unconditional consent that:

  • analysis of their resume, survey responses and interview results may be carried out using AI algorithms;
  • AI algorithms may form preliminary conclusions (assessments, ratings, recommendations) regarding the Candidate's compliance with vacancy requirements, competencies, experience, motivation, etc.;
  • these conclusions are of a recommendatory nature for recruiters/the Employer and are not the sole basis for the hiring/refusal decision.

Amendment of the Agreement

The Operator has the right to unilaterally change the terms of this User Agreement at any time. The current version of the User Agreement comes into force from the moment of its publication. Continued use of the Platform by the Candidate after amendments are made constitutes acceptance of the new version.

Final Provisions

This User Agreement constitutes a contract of adhesion and a public offer in accordance with Articles 395–396 of the Civil Code of the Republic of Kazakhstan. Acceptance is carried out by using the Platform. The legislation of the Republic of Kazakhstan applies to the relations of the Parties.

All disputes shall be initially resolved through negotiations. If no agreement is reached, the dispute shall be considered by the court at the location of the Operator.

The text of this Agreement is available to the Candidate before the start of the dialogue with the WhatsApp bot / before filling out questionnaires.