1. Data Controller
The Data Controller of the data collected through this Website is:
AsyncInterview, Inc. (hereinafter, “AsyncInterview”)16192 costal highway, Lewes, 19958, United States. contact@asyncinterview.ai
2. Purposes
The personal data of the user of this Website will be processed for the following purposes:
Creation of an account: The data processed for this purpose will be retained until the data subject withdraws the consent given for the creation of his or her account and, after that, for the legally stipulated periods of retention and prescription of liabilities. The legal basis for the processing is the consent given for the creation of the account by the user.
To deal with requests for information and/or queries: Where appropriate, to respond to requests for information and/or queries made by the User. The data processed for this purpose will be kept until the request for information and/or consultation has been answered and, after that, for the legally stipulated periods of conservation and prescription of responsibilities. The legal basis for the processing is: a) the consent of the User in the event that he/she uses the contact form on this Website; or b) the legitimate interest of AsyncInterview in responding to the User in the event that he/she does not use this form (sending spontaneous e-mails, telephone calls, sending written requests by post).
Sending commercial communications: Where appropriate, to keep the User informed, including by electronic means, about AsyncInterview products, services, and news. The data processed for this purpose will be retained until the revocation of the consent given for the receipt of such communications and, thereafter, during the periods of conservation and prescription of responsibilities provided for by law. The legal basis for the processing is the consent of the User expressed through the means made available to him/her on this Website.
3. Recipients
The data may be communicated to the following third party recipients: Public administrations and other judicial bodies for the fulfillment of legal obligations and banking institutions for the management of collections and payments. The data may also be communicated to the following categories of third parties: Providers of electronic communications, office automation, hosting, housing, computer maintenance, management, accounting, auditing, consultancy, and legal representation. Some of these providers may be located outside the European Economic Area, in which case AsyncInterview will have adopted the appropriate data protection safeguards in advance.
4. Rights
Data subjects may exercise their rights of access, rectification, erasure, limitation of processing, data portability, and object, as well as withdraw their consent at any time without affecting the lawfulness of the processing prior to its withdrawal, by sending their request to AsyncInterview, 16192 costal highway, Lewes, 19958, United States or to the e-mail address contact@asyncinterview.ai. In any case, the data subjects have the right to lodge a complaint with the corresponding supervisory authority if they deem it appropriate.
AsyncInterview has appointed a Data Protection Officer who can be contacted through the aforementioned channels.
5. AsyncInterview as a data processor
All Users are informed that AsyncInterview will be considered as the data processor of all personal data uploaded by both Users and candidates (interviewees) to the AsyncInterview software and to which AsyncInterview will have access during the provision of the services offered.
In this respect, AsyncInterview shall:
a) Process personal data only on instructions from the User for the performance of the service, including with respect to transfers of personal data, unless it is obliged to do so under Union or Member State law; in such a case, AsyncInterview will inform Users of this legal requirement prior to processing, unless such law prohibits it for important reasons of public interest; b) Ensure that the persons authorized to process personal data have undertaken to respect confidentiality or are subject to a confidentiality obligation of a statutory nature; c) Take all necessary measures in accordance with Article 32 of the GDPR; d) Not subcontract the processing of data to other processors, without the prior authorization of AsyncInterview. When AsyncInterview uses another processor to carry out certain processing activities on behalf of the Users, it shall impose on this other processor, by contract, the same data protection obligations as those stipulated in this clause. If this other processor fails to comply with its data protection obligations, AsyncInterview shall remain fully liable to the Users for the fulfillment of the other processor's obligations. In any case, the data may be communicated to the following third party recipients: Public Administrations for the fulfillment of legal obligations. They may also be communicated to the following categories of data processors: providers of electronic communications and online office automation, hosting, SaaS services such as CRM/ERP, management, accounting, auditing, and lawyers. Some of these processors may be located outside the European Economic Area, in which case AsyncInterview will have previously adopted appropriate data protection safeguards; e) Assist Users, taking into account the nature of the processing, through appropriate technical and organizational measures, whenever possible, to enable it to fulfill its obligation to respond to requests aimed at exercising the rights of data subjects. In this case, AsyncInterview must communicate this by e-mail to the Users' contact address. The communication must be made immediately and in no case later than the working day following the day of receipt of the request, together, where appropriate, with the information that may be relevant to meet the request. f) Assist Users in ensuring compliance with the obligations set out in Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to the processor; g) Unless Users indicate otherwise, delete all personal data upon termination of the provision of the Services, as well as delete existing copies, unless the retention of personal data is required by Union or Member State law; (h) make available to Users all information necessary to demonstrate compliance with the obligations set out in Article 28 of the General Data Protection Regulation and to allow and assist audits, including inspections, by Users or by another auditor authorized by it) To inform Users immediately if, in AsyncInterview's opinion, an instruction infringes the General Data Protection Regulation or other data protection provisions of the Union or of the Member States; j) To comply with any other obligation incumbent upon it under the applicable data protection regulations. k) Notify Users, without undue delay and, in any event, within a maximum period of 48 hours, by e-mail of the same, of any breach of personal data security of which it becomes aware, together with all relevant information for the documentation, resolution, and communication of the incident.
Users undertake to comply with all applicable legislation and regulations, facing any liability arising from their failure to comply with such legislation and regulations, and must indemnify AsyncInterview for any damages that may arise from such breach. In particular, the Users must provide or allow AsyncInterview access to the data to provide the services; Carry out a personal data protection impact assessment of the processing activities to be carried out by AsyncInterview, where applicable; Carry out the appropriate prior consultations; Ensure, prior to and throughout the processing, AsyncInterview's compliance with the Regulations; Supervise the processing, including the performance of inspections and audits.
The processing of personal data will be conducted solely for the purpose of providing the services. Any disputes arising from this relationship will be governed by US law and resolved in courts located in the state of Delaware, United States.
