1 - Preamble
DC Creator is an online service for human resources professionals, allowing the conversion of resumes into customized skills reports. The service is available in France and Quebec and is designed to help recruiters analyze candidate resumes. These Terms of Use aim to define the rights and obligations of users, as well as to ensure compliance with applicable laws (Bill 25 in Quebec and GDPR in France).
2 - Definitions
DC Creator: The provider of the online service accessible at https://dc-creator.com, published by ZEPHYR AI, a French SAS company with a capital of €1,000, registered with the Paris Trade and Companies Register under SIREN number 940 280 712, SIRET 94028071200016.
User: Any natural or legal person using DC Creator's service, particularly recruiters and HR managers.
Service: The resume to skills report conversion solution provided by DC Creator.
Resume/CV: Document containing professional information about a candidate, uploaded by the user.
Skills report: Document generated by DC Creator from information extracted from the resume.
Personal data: Information allowing the identification of a natural person (name, first name, email, company).
Candidate Link: Feature allowing recruiters to send a direct link to candidates so they can generate their own skills report.
Candidate: Any person whose resume is uploaded by a user (recruiter) or who uses the "Candidate Link" feature.
Stripe: Third-party service used for payment management.
Gemini API: Natural language processing model developed by Google, used to analyze and extract data from resumes.
Supabase: User data storage service, hosted in Frankfurt, Germany, and subject to GDPR.
3 - Purpose of the Terms of Use
These Terms of Use aim to define the conditions for using the DC Creator service by users, as well as the responsibilities of each party regarding the protection of personal data and compliance with applicable laws.
4 - Registration and Usage Conditions
To access the service, the user must create an account by providing accurate and up-to-date information. The user agrees to maintain the confidentiality of their login credentials and to report any unauthorized use of their account.
By using our service, the user guarantees having obtained the explicit consent of candidates for the use of their resumes within DC Creator, in accordance with Article 6.1.a of the GDPR and Article 14 of Quebec's Bill 25.
The user indemnifies and holds DC Creator harmless against any action, claim or recourse initiated by a candidate or a third party relating to the content of the CVs provided by the user and to the information extracted from these CVs.
5 - DC Creator's Obligations
DC Creator commits to:
- Provide continuous and secure access to the service, subject to maintenance operations and unforeseen events.
- Delete candidate resumes immediately after processing by the Gemini API.
- Protect users' personal data in accordance with Bill 25 (Quebec) and GDPR (France).
- Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
- Notify the user of any personal data breach within the timeframes provided by applicable regulations.
6 - Use of Gemini API (Google AI)
Data processing by Gemini API:
When using the service, candidate resumes uploaded by users or via the Candidate Link are sent to the Gemini API for analysis and data extraction. Users acknowledge and accept that information contained in the resumes (including personal data) will be transmitted to Google.
Data protection:
DC Creator does not retain resumes after sending them to the Gemini API. Data is deleted immediately after processing. Google applies advanced security measures, including encryption.
International data transfers:
The use of the Gemini API involves an international transfer of personal data outside the EU to Google. This transfer is governed by the European Commission's Standard Contractual Clauses and appropriate supplementary measures to ensure an adequate level of protection for personal data in accordance with the GDPR.
User and candidate consent:
Users must obtain explicit consent from candidates before using their resumes in DC Creator. This consent must be free, specific, informed, and unambiguous, in accordance with GDPR and Bill 25 requirements.
7 - User Data Storage
User data is stored on Supabase, hosted in Frankfurt, Germany, in compliance with GDPR requirements.
In accordance with Articles 15 to 22 of the GDPR and equivalent provisions of Bill 25, users can exercise their rights of access, rectification, erasure, restriction of processing, portability, and objection by sending an email to contact@dc-creator.com.
DC Creator commits to processing any request within 30 days and to deleting data within 30 days, unless there is a legal obligation to retain it.
8 - "Candidate Link" Feature
Recruiters can send a link to candidates so they can generate their own skills report. Before using it, the candidate must accept the Terms of Use and give explicit consent to the processing of their personal data.
The recruiter remains responsible for informing the candidate of this process beforehand and obtaining their initial agreement before sending the link, in accordance with the principle of transparency of the GDPR and Bill 25.
9 - Payment and Billing
The service is accessible via different subscription plans (free, essential, standard, enterprise).
Payments are processed through Stripe, which acts as a data processor for payment data.
Banking data is not stored by DC Creator but directly by Stripe, which complies with the PCI DSS (Payment Card Industry Data Security Standard).
The user is prohibited from any reverse engineering, attempt to access or extract elements protected by intellectual property rights held by DC Creator.
10 - Right of Withdrawal
In accordance with Article L221-18 of the French Consumer Code, the user has a right of withdrawal for 14 days from subscription, provided the service has not been used.
To exercise this right, the user must notify their decision by email to contact@dc-creator.com.
In case of withdrawal, DC Creator will process the refund within 14 days after notification, using the same payment method as the one used for the initial transaction.
11 - Personal Data and Confidentiality
As a data controller, DC Creator collects only the data necessary for account creation and service use, in accordance with the data minimization principle (Article 5.1.c of the GDPR).
Resumes are not retained and are deleted after processing, in accordance with the storage limitation principle (Article 5.1.e of the GDPR).
DC Creator commits not to sell, rent, or transfer personal data to third parties, except legal obligation.
For more information on personal data processing, please consult our Privacy Policy accessible on our website.
12 - Customer Support
For any questions or assistance related to the service, contact our team at contact@dc-creator.com.
DC Creator commits to responding within 48 business hours. Our customer support is available Monday to Friday from 9am to 5pm (French time), with a response time of 48 business hours.
13 - Advertising and Client References
DC Creator may use clients' names and logos as commercial references, subject to their prior written agreement.
This authorization can be withdrawn at any time by simple request to contact@dc-creator.com.
14 - Modification of Terms of Use
DC Creator reserves the right to modify these Terms of Use. Users will be informed by email or notification on the site 15 days before they come into effect.
In case of disagreement with the new conditions, the user can terminate their subscription before they come into effect. Otherwise, the new conditions will be deemed accepted.
15 - Limitation of Liability
DC Creator is not responsible for indirect damages (data loss, loss of profit, loss of opportunity, damage to image) resulting from the use or inability to use the service.
DC Creator's liability is limited to direct and foreseeable damages, up to the amounts paid by the user during the last 12 months.
DC Creator cannot be held responsible for the content of resumes and generated skills reports.
16 - Applicable Law and Jurisdiction
These Terms of Use are governed by French law for users in France, and by Quebec law for users in Canada.
In case of dispute, the parties will endeavor to find an amicable solution. Failing that, the competent courts will be those of Paris (France) or Montreal (Canada), notwithstanding plurality of defendants or warranty claims.
17 - Force Majeure
DC Creator cannot be held responsible for non-execution or delay in the execution of its obligations in case of force majeure, as defined by the jurisprudence of French and Quebec courts, particularly in case of natural disasters, pandemics, massive computer attacks, telecommunication network failures, or decisions of governmental authorities.