Data Processing Addendum — adVantage for Recruiters and Employers

This Addendum sets out how we handle the candidate data you upload. It is part of your Terms of Service and you do not sign it separately.

1. Who is who

This Addendum is between you, the customer on whose adVantage account the documents are uploaded, and DataPoint Management and Consulting Inc., of British Columbia, Canada — the company behind adVantage, and what "we" and "us" mean throughout this Addendum.

Notices and requests under this Addendum — asking us to help you answer a candidate, to delete or return data, or to describe our security practices — go to contact@datapoint-advantage.com.

This Addendum applies where you use adVantage in hiring mode and upload documents about other people — candidates who have no relationship with us.

• You are the controller. You decide whose documents to upload, why, and how long to keep them. Under PIPEDA and British Columbia's PIPA you are the organization accountable to those candidates.
• We are the processor. We hold and handle that information on your instructions and for no other purpose.

This Addendum forms part of the Terms of Service and is incorporated into them. Where it conflicts with the Terms on the handling of candidate data, this Addendum governs.

It lasts as long as we hold the data, not as long as the subscription: obligations that attach to data we still hold survive termination until the data is deleted.

Nothing here applies to your own account data — your name, your email, your billing. We are the controller of that, and the Privacy Policy covers it.

2. We act only on your instructions

We process candidate data only to provide adVantage to you: extracting it, redacting it, scoring it against the roles you create, and storing it so you can work with it.

We do not use it for our own purposes. Not to train AI models, not to build a candidate database, not to market to anyone, and not to improve the product in any way that uses your candidates' information.

If we believe an instruction breaks the law, we will tell you rather than carry it out silently.

One standing instruction is built into the product and worth stating: before a résumé is sent for scoring we remove the candidate's name, gendered pronouns and honorifics, and the contact details we extracted. The original stays in your account. You can see what was removed in each candidate's panel.

3. Confidentiality and security

Everyone with access to candidate data is bound to keep it confidential.

The measures in place, stated plainly: traffic is encrypted in transit; passwords are stored only as scrypt hashes and session credentials only as hashes; sessions expire on both an idle and an absolute clock; access to the production database is limited to the operator, and routine inspection uses a read-only account; and each account's data is scoped by account id on every query.

4. Sub-processors

You give us general authorisation to use the sub-processors listed at https://www.datapoint-advantage.com/subprocessors, which names each one and what it receives.

We remain responsible to you for what they do. Each is bound by terms no less protective than this Addendum for the data they handle.

We will give you 30 days' notice before a new one starts, and you may object — the mechanism, and what happens if we cannot resolve the objection, is set out on that page.

5. Helping you meet your own obligations

Candidate requests. If a candidate asks you what you hold, asks for a copy, asks you to correct it or asks you to delete it, that request is yours to answer. The product lets you do it: you can see everything held about a person, and deletion removes the documents and the personal data in them. If a candidate contacts us instead, we will point them to you and tell you.

Security incidents. If we become aware of a breach affecting candidate data you uploaded, we will tell you without undue delay, and in any event with enough time for you to meet your own reporting obligation — which under the GDPR is 72 hours from when you become aware. We will tell you what we know: what happened, which data, and what we are doing.

Assessments. We will give you the information you reasonably need for a privacy impact assessment or a consultation with a regulator, so far as it concerns what we do.

6. Deletion and return

You can delete candidate data at any time, in the product or by asking us. No billing event deletes it: if your subscription lapses the account drops to the free limits and the data stays.

Deletion is something you ask for. Nothing is removed until you do: ending a subscription leaves the account in place and the data with it. When you ask, deletion removes the documents and the personal data in them, no earlier than 30 days and no later than 60 after it falls due.

Your own minimum retention is yours to manage. Deleting early is something this product makes easy, and the law may not let you: in British Columbia, PIPA section 35(1) requires an organization that used personal information to make a decision directly affecting an individual to keep that information for at least one year afterwards, so the person can ask to see it. A Fit Score you acted on is such a decision, and you are the organization that made it. We will delete whenever you instruct us to; deciding whether you may is yours.

To get your data out, ask us and we will produce the export.

We keep nothing afterwards except an anonymized operating record that carries no names, contact details or document text, and is not linked to your account.

7. Showing you we are doing this

On reasonable request, and not more than once a year unless a regulator or an incident requires it, we will give you the information you need to verify that we are meeting this Addendum.

That means answering a security questionnaire and describing our practices in writing. If you need an on-site or third-party audit, we will discuss it, and the cost is yours unless the audit finds we are in breach.

8. Data leaving Canada

Candidate data is stored and processed outside Canada — see the sub-processor list for where.

For candidates in the EU, the UK or Switzerland, transfers out rely on the Standard Contractual Clauses incorporated into our data processing agreements with Railway, Anthropic and Resend, together with the UK Addendum and the Swiss equivalent. For candidate data you are the controller, we are your processor, and the provider is our sub-processor — so under those clauses we act as the data exporter and the provider as our sub-processor. That is clause 1 of this Addendum, applied one step further down the chain.

You remain responsible for telling your candidates that their data crosses borders, which is part of the notice obligation the Terms put on you.

9. Liability

The limitation of liability in the Terms of Service applies to this Addendum, and the two are one cap rather than two.

10. Details of the processing

This section is the description Article 28(3) of the GDPR requires a processor's contract to contain.

Subject matter. Assessing documents about candidates against the roles you create in adVantage.

Duration. For as long as you keep the data in your account, and after that for the period in the deletion and return section. This Addendum lasts as long as we hold the data.

Nature and purpose. Storing candidate documents; extracting their text; removing identifying details before scoring; producing a Fit Score and the signals behind it; and making all of it available to you in your account. We process for no other purpose — see clause 2.

Categories of data subjects. Candidates, and other people whose details appear in the documents you upload.

Types of personal data. What a résumé or an application contains, which you decide when you upload it. In practice:

• identity and contact details — name, email address, telephone number, links to profiles or portfolios, and location where the document states it;
• employment history — employers, job titles, dates, and what the document says about the work;
• education and qualifications — institutions, credentials and dates;
• skills, languages and anything else the document contains; and
• what we derive from it — the redacted text sent for scoring, the Fit Score, and the signals behind it.

Special categories. We do not ask for special category data and the product has no use for it. A résumé may disclose it anyway — health, religion, trade union membership or similar — and where it does we process it only as part of the document. Whether to upload a document containing it is your decision, and the lawful basis for doing so is yours under the Terms.