1. General Provisions

This Service Agreement ("Agreement") governs the use of the SofiHR platform by HR professionals and organizations (collectively, "Client") for recruitment and talent management services.

By registering for, accessing, or using the SofiHR platform, Client agrees to be bound by the terms and conditions of this Agreement. This Agreement constitutes a legally binding contract between Client and SofiHR LLC, a Delaware limited liability company ("SofiHR" or "we").

2. Definitions

• SofiHR Platform

  Web application for recruitment, providing HR services

• HR Client

  Individual or legal entity using the platform for recruitment

• Candidate

  Individual undergoing interviews on the platform

• Personal Data

  Information about candidates processed on the platform

• Organization

  Legal entity to which an HR client may be affiliated

3. Types of HR Clients and Their Responsibilities

The SofiHR platform supports working with different types of HR clients:

Individual (HR Professional):

• Personal Responsibility

  Full responsibility for compliance with data protection laws

• Individual Processing

  Processing personal data on one's own behalf

• Option to Link to Organization

  Can add organization information later

Legal Entity (Organization):

• Corporate Responsibility

  Organization's responsibility for compliance with data protection laws

• Corporate Processing

  Processing personal data on behalf of the organization

• Appointment of Responsible Person

  Mandatory appointment of a person responsible for personal data

Mixed Type (HR Professional + Organization):

• Dual Responsibility

  Personal + corporate responsibility

• Flexible Settings

  Can work both on own behalf and on behalf of organization

4. HR Client Obligations

Regardless of client type, the HR client agrees to:

• Comply with Personal Data Legislation

  Data protection laws and regulations

• Use Candidate Data Only for Intended Purpose

  Exclusively for hiring decisions

• Not Transfer Data to Third Parties

  Without candidate consent or legal requirement

• Ensure Data Security

  Technical and organizational protection measures

• Comply with Data Retention Periods

  Not longer than necessary for processing purposes

• Implement Candidate Rights

  Process requests for withdrawal, correction, etc.

5. Processing of Personal Data

The HR client is the data controller for candidates' personal data and bears responsibility for their processing in accordance with applicable laws.

Data Processing Purposes:

• Candidate Assessment

  Analysis of interview and testing results

• Hiring Decision Making

  Selection of the most suitable candidate

• Personnel Record Keeping

  When hiring a candidate

Media Files and Data Processors:

• Media Retention Period

  Video and audio interview recordings on the platform are stored for no more than 60 calendar days from the interview completion date, after which they are subject to deletion.

• Prohibition on Distribution

  The HR client is prohibited from distributing media and interview results outside recruitment purposes; transfer to third parties - only by law or with candidate consent.

• Data Processors (Russia)

  External processors in the Russian Federation are engaged for audio transcription. Processing is conducted according to instructions, without data training, with limited retention periods and without cross-border transfer.

Data Retention Periods:

• Upon Refusal to Hire

  1 year after the decision

• Upon Hiring

  According to labor legislation

6. Candidate Rights

The HR client must ensure the implementation of candidate rights:

• Right to Information

  Know about purposes and methods of data processing

• Right to Access

  Obtain a copy of processed data

• Right to Rectification

  Correct inaccurate data

• Right to Deletion

  Request deletion of data

• Right to Withdraw Consent

  Request to delete data

• Right to be Forgotten

  Complete deletion of personal data

7. Linking HR Professional to Organization

An HR professional can link their account to an organization to expand functionality and corporate work.

Benefits of Linking to Organization:

• Corporate Vacancies

  Creating vacancies on behalf of the organization

• Corporate Branding

  Using organization's logo and style

• Corporate Reporting

  Recruitment analytics

• Corporate Settings

  Common settings for all organization's HR professionals

Obligations When Linked to Organization:

• Compliance with Corporate Policies

  Following internal organization rules

• Corporate Responsibility

  Responsibility for actions on behalf of the organization

• Coordination of Actions

  Coordinating important decisions with management

8. Responsibilities of the Parties

SofiHR Platform Responsibilities:

• Platform Provision

  Provide access to the platform with reasonable uptime and technical support

• Data Security on Platform

  Implement reasonable security measures to protect data during transmission and storage

• Service Updates

  Maintain and improve platform functionality

HR Client Responsibilities:

• Compliance with Employment Laws

  Full responsibility for compliance with Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and all other applicable federal, state, and local employment laws

• Data Protection Compliance

  Comply with CCPA, VCDPA, and other applicable state and federal data privacy regulations when processing candidate personal data

• Data Security

  Protect and secure all data obtained from the platform

• Candidate Rights Implementation

  Respond to and fulfill candidate requests for data access, correction, deletion, and other privacy rights

• Non-Discriminatory Use

  Use the platform in a manner that does not discriminate based on race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic

9. Changes to the Agreement

SofiHR reserves the right to modify or update the terms of this Agreement at any time:

• Legal Compliance

  To comply with changes in applicable laws and regulations

• Platform Development

  To reflect new features, capabilities, or service offerings

• Business Changes

  To adjust terms based on business model evolution

10. Contact Information

For all questions related to this Agreement:

• Email: info@sofihr.com

  Legal questions and contract inquiries

• Email: info@sofihr.com

  Technical support and platform assistance

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the state and federal courts located in Delaware, and Client consents to personal jurisdiction in such courts.

By using the SofiHR platform, Client acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.