TERMS AND CONDITIONS OF USE OF THE 
KELIO ATS SERVICE

Introduction

KELIO (hereinafter referred to as “the Company”) is a simplified joint stock company with its registered office located on Boulevard du Cormier, listed in the Angers Trade and Companies Register under the number 538 209 594.

These Terms and Conditions of Use (“T&Cs”) apply and are deemed to have been accepted by anyone accessing the Solution and/or using all or part of the Kelio ATS services offered by the Company, free of charge or for a fee.

The T&Cs define the legal framework for the use You make of the Kelio ATS Solution and the relationships that may be established between You and the Company. These T&Cs also contain information regarding the rights of Recruiters and Applicants and the restrictions to these rights imposed by laws or regulations.

The T&Cs are available at all times by clicking a direct link at the bottom of each page of the Solution.

Kelio ATS is an innovative recruitment Solution. The Company publishes the service to manage applications, employer brand and multi-posting. The Kelio ATS website is hosted by Heroku Inc. Users’ personal data is stored exclusively in Member States of the European Union in data centres (“clusters”) belonging to Amazon Inc., whose registered office is at 10 Terry Avenue North, Seattle, WA.

The Company can be contacted at the address given at the top of these T&Cs, or by email at the following address https://www.kelio.com/contact.html

1 : Définitions

In the T&Cs, words or expressions beginning with a capital letter have the following meaning:

  • Applicant: any natural person with a User Account;
  • Intellectual Property Rights: all literary and artistic property rights (copyright and similar rights), industrial property rights (trademarks, designs and models, and patents) provided for in the French Intellectual Property Code and in international treaties;
  • Account or User Account: the private area of the Recruiter or Applicant, which can only be accessed after creating an identifier and password;
  • Recruiter : any recruitment company or agency with a User Account;
  • Offer : an advertisement posted by a Recruiter, under its responsibility, relating to a freelance assignment, a temporary assignment, an internship, a work-study course, a work experience contract, a fixed-term contract or a permanent contract;
  • Solution : the online SaaS (software as a service) application;
  • Service : all functionalities available to the User.
  • Site : all structural components of the Website accessible at www.kelio.com as well as all the content created, including in particular: the graphic charter, frames, banners, flash and video animations, source code, HTML code and programming;
  • User or You : a Recruiter or Applicant, without distinction;

2. Subject and scope

Kelio ATS is an innovative recruitment tool that connects Applicants and Recruiters.

By creating an Account, the Applicant can reply directly to an Offer.

KELIO ATS also enables Applicants to find out about the Recruiter’s company, to be assessed based on information provided to the Recruiter and to provide a video pitch to support their application. Applicants can also upload their CVs in support of their application. All information provided by the Applicant (questionnaire, video pitch and CV) is sent to the Recruiter, who may contact Applicants directly if their profile matches.

To benefit from the full functionality of the Solution and Services, Recruiters must first establish a specific contract with the Company.

3. Creating a user account

3.1 When registering, the User is asked to create an identifier and password. Once the User Account has been definitively validated by the Company, You will receive a confirmation email. You can then access the Services.

Each time the Solution is used, Users must systematically enter their identifier and password, which they must keep secret. These identifiers are non-transferrable and for strictly personal use. Users must ensure that their identifiers are not used or likely to be used by third parties. As such, the User undertakes to keep them apart. You will find more details in the “security” clause below concerning the precautions to be taken to preserve the confidentiality of identifiers.

3.2 In general, Users guarantee the accuracy of all the information they provide and undertake to notify the Company immediately of any changes by updating their User Account.

Any erroneous information, in particular as regards the identity of the Applicant or the structure of the Recruiter’s business, shall be considered a serious breach of the T&Cs and shall entitle the Company to suspend or terminate the Account of the User concerned under the conditions set out in the clause “Cancelling a subscription – Suspension – Account Deletion”. In this case, the content that You have posted and Your information will no longer be accessible.

4. Information - Editorial content - Guarantees

4.1 The Company acts simply as a technical intermediary providing the Solution. In principle, no checks will be carried out on the content posted by Users.

Consequently, Users are solely responsible for the content posted using the Solution, in particular via their User Account and/or the Offers.

The Services enable Recruiters looking for new human resources to be put in touch with Applicants looking for a job, an internship or work experience. As such, the Company cannot take part in establishing a contract between an Applicant and a Recruiter.

Nor is the Company a recruitment or temporary employment agency. The Recruiter and Applicant thus contract directly with each other. Under no circumstances may the Company be held liable towards the Recruiter and/or Applicant. It is thus Your responsibility to check that our Services are suited to Your needs.

4.2 The User undertakes to comply with the laws and regulations in force, not to infringe the rights of third parties, and not to indulge in disorderly conduct. Users shall refrain using the Solution, in particular via their User Accounts, to post any content that is irrelevant, abusive, defamatory, unlawful, contrary to accepted standards of morality, or that violates the dignity and/or rights of third parties, and shall hold the Company harmless in the event of any action and/or claim by third parties in this respect.

Any content reported to the Company as unlawful, inappropriate, irrelevant or simply contrary to the T&Cs may be deleted without reason, notice or compensation.

Users shall also refrain from creating or using, without express authorisation, other User Accounts under their own identity and/or that of a third party, bearing in mind that impersonation is subject to prosecution and criminal penalties, and that any breach of this undertaking may result in the immediate suspension of the User Account without notice.

In this respect, all Users are invited to report any content they consider to be abusive or unlawful to the following address dpo@kelio.com.

4.3 Lastly, Users guarantee:

  • that they are the sole owners of the content posted, are in a position to post it and are entitled to grant a distribution licence to the Company,
  • that their post does not infringe any protected rights, whether personal rights or those set out in the French Civil Code and Intellectual Property Code,
  • that they will not use content that may:
    • cause harassment of a third party or incite third parties to engage in harassment,
    • incite hatred, discrimination, racism, fanaticism or physical violence against individuals or groups of individuals,
    • depict scenes of pornography, paedophilia or any other shocking subject or contain a link to an adult-only website,
    • solicit funds to finance unlawful activities,
    • represent or advocate illegal activities or behaviour that is defamatory, abusive, obscene, threatening or libellous, or that contains false or misleading information,
    • offer illegal or unauthorised copying of works protected by copyright, patents or trademarks,
    • instigate, provoke or encourage the transmission of unsolicited emails, email chains, unsolicited mass mailings, instant messages, unsolicited advertising messages or unsolicited mail,
    • promote or encourage any criminal activity or enterprise or give indications or instructions on how to promote illegal activities, invasion of privacy, or the distribution and creation of computer viruses,
    • solicit passwords or personal information for illegal commercial purposes,
    • include commercial activities and/or sales such as competitions, advertising lotteries, swaps, advertisements and pyramids without written agreement,
    • distribute, reproduce, publish or modify in any way whatsoever items protected by copyright, trademarks or any other property right belonging to third parties without their prior consent.


5. Presentation of services offered to applicants

5.1 Access to Recruiter’s Offers and presentation videos

Once their User Account has been validated, Applicants will have access to all Recruiters’ Offers and presentation videos. In particular, access to this interface enables Applicants to apply, without limitation, for all Offers available.

5.2 Apply for an Offer posted by a Recruiter

Kelio ATS invites Applicants to enter information about their career and studies.

Once this information has been entered, the application is sent to the Recruiter. In this respect, the correct operation of the Solution is conditional on the communication of information relating to Your career. This step is an essential prerequisite for optimising the functionality of the Solution.

If information is omitted and/or inaccurate information is entered, You remain fully liable to the Recruiters.

Whenever an Offer attracts your attention, You can respond directly to the questionnaire submitted by the issuer of the Offer.

You can also send a video pitch if this option has been activated by the Recruiter. This video pitch must answer the Recruiter’s questions. You can film yourself directly online using a dedicated interface.

6. Cancelling a subscription - Deletion - Suspension

Users may delete their Accounts at any time using the option available on their Accounts for this purpose.

In such a case, the User is warned that all the information accessible via the Account will be deleted and that certain Services will no longer be accessible.

If Accounts are inactive for an uninterrupted period of 24 months, the Company will notify Users by email and Users will have 30 days to log on again if they so wish.

Failing this, the Company will delete the User Account concerned.

If Users fail to comply with the T&Cs, in particular the “editorial content” and “intellectual property” clauses, the Company reserves the right to suspend or delete their User Accounts with 30 days’ notice.

7. Technical prerequisites - Security - Internet use

Although the Solution is optimised for use on most terminals and via the most common browsers, the Company does not guarantee that the Solution will function correctly on the User’s specific equipment.

The User is informed of the risks and technical difficulties inherent in the Internet and IT in general, which are beyond the Company’s control and may result in:

  • inability to access the Solution, slowdowns in such access, software or hardware incompatibilities;
  • loss, misappropriation or contamination of data, in particular by a virus.

It is the responsibility of all Users to take all appropriate measures to protect their own data, identifier and password, to keep their system, browser and antivirus software up to date, and to notify the Company immediately of any suspected misuse of their identifier by a third party.

Users undertakes not to carry out any technical operations likely to undermine the integrity, security or availability of the Solution, and in particular undertakes not to carry out any source code study or reverse engineering operations.

Under no circumstances can the Company be held liable for the risks and difficulties detailed above and their consequences for the User.

Users are advised that the Solution or some of its functions may be temporarily suspended by the Company for maintenance purposes. The Company will endeavour to inform Users in advance and to resolve any difficulties as quickly as possible.

8. Liability - Claims

The Company cannot be held liable for the content posted by Users and does not give any warranties, express or implied, in this regard.

Users are solely responsible for their use of the Solution and for the direct or indirect consequences of this use. It is their responsibility to use it in accordance with the regulations in force and the recommendations of the French data protection authority (CNIL).

Similarly, the Company is under no obligation to pre-screen, check or modify the information posted. The Company cannot be held liable for choices made by Users. You are entirely responsible for drafting Offers, producing videos and selecting applications.

In no event shall the Company, its subsidiaries or affiliates, or any of their employees, officers, directors, agents, resellers, partners, third party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or in connection with:

  • Your use of the Services;
  • Your inability to use the Services;
  • the modification or deletion of content sent using the Services.

The Company cannot be held liable for any indirect, incidental or consequential damage, whether foreseeable or unforeseeable, caused to the User or to a third party and in particular, loss of earnings or profit, loss of data or equipment, including the costs of recovery, reproduction or repair of such losses, resulting from the use of the Solution and the Services.

The Company cannot be held liable for damage caused by the User or by a third party or by a case of force majeure understood as any event recognised as such by French law and jurisprudence, as well as any blockage or slowdown of the electrical grid and/or telecommunications network.

In any event, in view of the distribution of risks between the Company and the User, the Company’s total liability will be limited to the amount of the fee paid for the Service if the damage occurs on this occasion, or to a maximum lump sum of fifty (50) euros if the damage occurs when a Service is provided free of charge.

You agree that any claim arising out of or relating to the Services must be made within one (1) year of the event giving rise to the claim, failing which the claim will be permanently barred. Some countries do not allow limitations on the duration of an implied warranty, so some or all of the above limitation may not apply to You.

9. Intellectual property

“KELIO” and all associated logos are registered trademarks over which the User has no rights.

The Site and the Solution constitute a work protected by copyright. The Company is the exclusive owner of all intellectual property rights to the Site and the Solution, and in particular all texts, comments, works, illustrations, videos and images, whether visual or audio, as well as all databases it produces.

All these works are protected throughout the world by copyright, trademark law, patent law, special database law and image rights.

As such and in accordance with the provisions of the French Intellectual Property Code, the Solution is intended for internal use only.

Any other use, except with the Company’s prior authorisation, constitutes an infringement and will be punished.

Any form of total or partial copying, scraping or reproduction of the database produced, the Site and/or the Solution is strictly prohibited.

Notwithstanding the foregoing, the Company does not own the content posted by Users. However, by using the Solution, You grant the Company a non-exclusive, free, royalty-free, transferable, irrevocable and sub-licensable right to use the content posted using the Solution.

As part of this licence, You authorise us to freely use all or part of the content posted, to represent it, distribute it and reproduce it within the Company’s internal departments and on social networks.

The Company thus remains free to distribute Users’ content for promotional, advertising and non-profit purposes, in particular through partnerships. Such distribution can be by any means.

This licence is granted for the entire world and for the legal duration of the rights relating to the data concerned.

Nevertheless, the Company undertakes to request the Recruiter’s prior authorisation before any communication relating to the use of the results of recruitment carried out using the Solution.

Consequently, You declare that:

  • You are the owner of the content that You post, or that You are authorised to grant the aforementioned rights and licences;
  • the publication and use of Your content does not infringe, misappropriate or violate the rights of third parties, including but not limited to rights of privacy, rights of publicity, copyright, trademarks and any other intellectual property rights.


10. Image rights

By using the Service, Applicants agree to transfer their image rights. This transfer is made for the purposes of recruitment only and for the duration of the recruitment process.

11. Personal data

The Company attaches great importance to the protection of personal data and information, and keeping it private is a major concern when such data is transmitted. This data and information is processed and secured in accordance with the requirements of the GDPR (General Data Protection Regulation, adopted by the European Parliament on 14 April 2016) and the amended French Data Protection Act of 6 January 1978.

The Company has appointed a Data Protection Officer to oversee compliance and ensure that it is maintained: dpo@kelio.com

Use and transmission of Your personal data

To ensure the functioning of the Solution, the Company must carry out the necessary processing of Your personal data. The data thus processed is sent directly to us in the following way and for the following purposes:

  • Creating and Managing a User Account
  • Delivering the Services
  • Continuous improvement of the Solution and Services
  • Posting and sharing of content

The personal data collected for these purposes must be provided in order to confirm and validate your User Account. Failing this, the Services cannot be provided.

The Company may also use this data to process User requests and to enhance and personalise its communications, in particular by means of newsletters/emails, and lastly to customise the Solution according to User preferences.

The Company may also provide its partners with consolidated statistics relating to Users, but these statistics will not contain any personal data.

This data may be transmitted to our technical service providers for the sole purpose of providing the Services. You agree that we may share information about You in order to facilitate Your use of the Solution.

The personal data provided by the User will be destroyed when the User Account is deleted. The Company reserves the right to retain certain data in order to provide evidence, where necessary, of the fulfilment of its contractual or legal obligations. Data retained in this way will be limited to what is strictly necessary.

Transfer of Your personal data to subcontractors

The following subcontractors are used to process this data:

User information is retained:

  • if an Applicant Account has been created, for as long as the Account is active, it being specified that accounts that have been inactive for an uninterrupted period of 24 months may be deleted by the Company under the conditions set out in the clause “Cancelling a subscription – Suspension – Account Deletion”.
  • if a contract or order exists, for the entire contractual period, and then retained in intermediate archives for a period corresponding to the warranty period plus the applicable statutory limitation period.

As a reminder, the applicable limitation periods are:

  • 5 years for contractual or extra-contractual civil liability (excluding personal injury);
  • For a period of 13 months from their placement/creation in the case of cookies.

Hosting of the Solution

The Solution is hosted by Heroku Inc. Users’ personal data is stored exclusively in Member States of the European Union in data centres (“clusters”) belonging to Amazon Inc.

More information on the security of the Heroku platform can be found here: Heroku Compliance

Google Cloud Platform is used to store data relating to the Solution’s statistics.

Right to access, delete and modify personal data

In accordance with the regulations in force, Users have:

  • the right to access, correct and delete their personal data, and limit or object to its use and portability;
  • the possibility of sending the Company instructions to determine what happens to their data in the event of their death.

These rights may be exercised by writing to the following email address: dpo@kelio.com

However, Users are warned that their objection or their request for limitation or deletion may, in practice and depending on the case, hinder or prevent dealing with certain requests or providing certain Services.

The User also has the right to appeal to a national supervisory authority such as the French data protection authority (CNIL) in the event of a breach of the regulations applicable to personal data protection and in particular European Regulation no. 2016-679.

12. Cookie management

When You browse the Site, cookies are placed on Your browser. For some of them, your consent is required. Click each category of cookie to activate or disable their use.

Traffic analysis:

  • Enables anonymous analysis of Site visit statistics.
  • Storage duration: 13 months

Chat support :

  • Support tool used to communicate with Users
  • Duration: 13 months maximum

Cookies required for the Solution:

  • These are some of the cookies needed to ensure that the Site functions properly and is optimised. The Site cannot function properly without these cookies. You should not worry, as these cookies provide anonymous data only and do not reveal Your identity.
  • Duration: 13 months


13. Account security

Users are strongly advised to regularly change the password required for access to the Solution and Services, which can be accessed from the “my account” tab, “my password”, then “change”.

When Users change their password, they must ensure that it does not contain any easily identifiable combinations, such as their own surname, first name, date of birth, or that of a close relative (spouse, child, etc.), or a password used for other purposes (in particular for a personal message service, etc.).

In particular, Users should ensure that they choose a password that is sufficiently long and, whenever possible, composed of a combination of letters, numbers and upper and lower case characters.

The Company may, at its discretion, impose a password expiry date after which Users will no longer be able to access the Services or the Solution without first changing password.

Users also undertake not to store their identifiers on their computers, smartphones and/or digital tablets, nor to send them through unsecured channels such as email, SMS, etc.

The Internet is an open international telecommunications network that Users can access via a computer, smartphone or digital tablet. To access the Solution and Services, the User must comply with the technical requirements (concerning equipment and software) as described in these T&Cs.

Users must take all necessary steps to ensure that the technical characteristics of their computer, smartphone or digital tablet, as well as their software and Internet subscription, enable them to access the Services in complete safety.

Users are entirely responsible for the correct operation of their computer equipment and their Internet connection. As such, Users must ensure that this equipment is free from problems or viruses and is sufficiently secure to prevent the risk of a third party gaining access to their User Account and the data it contains.

Users must make every effort to preserve this security. To this end, Users must ensure in particular that there is no risk of hostile programmes or viruses accessing and disrupting the Company’s computer systems. In particular, Users must ensure the security of their computers, smartphones and digital tablets by using and regularly updating antivirus and anti-spyware software and a personal firewall.

Users assume the technical risks associated in particular with a power cut, interruption of connections, malfunction or overload of networks or systems.

Users acknowledge that they must turn to their chosen Internet service provider to access the Internet, the Site, the Solution and the Services. In this context, Users acknowledge that it is up to them to choose their Internet access provider and determine the associated terms and conditions.

The Company cannot be held liable for the risks relating to Internet access and the risks relating to the transmission of remote data by the User or to the User, particularly in the event of a dispute between the User and the Internet access provider, relating to the confidential/personal nature of the data transmitted, the cost of transmission, maintenance and interruptions to telephone lines and the Internet network.

Under normal conditions, the Services are accessible through the Solution. Users must log on for a limited period of time and undertake to log off as soon as they have finished using the Services. As log-off is not automatic, Users remain logged in until they log off by clicking Log Off in the Solution.

In the event of loss, theft, misappropriation or unauthorised use of a User’s identifiers, the User must notify the Company by email as soon as possible. The User agrees to assist the Company in good faith in clarifying the circumstances and other relevant information relating to such loss, theft, misappropriation, unauthorised use or other similar event, and to take such steps as the Company may require.

In addition, the Company may also block the User’s access under the conditions of this clause where the Company has reason to suspect – for example as a result of the identification of suspicious transactions, and even before receiving notification from the User in this regard – the loss, theft, misappropriation or unauthorised use of a User’s identifiers to access the Services.

The Company reserves the right, without liability to You, to disable, suspend or terminate access to the Services, Your account or any document, in the event that You fail to comply with any provision of these T&Cs, or if You access the Services in breach of any applicable law, rule or regulation.

The Company also reserves the right to:

  • delete or remove any content or information that it deems inappropriate;
  • suspend all or some of the Services;
  • terminate the User’s access to the Services;

Without prejudice to any legal action taken by third parties, take any legal action in a personal capacity to repair any damage that the Company may have personally suffered as a result of breaches attributable to the User.

Where necessary, notify the relevant authorities, cooperate with them and provide them with all the information they need to investigate and prosecute illegal or illicit activities, in accordance with the legislation in force.

Any User noticing a breach by another User of the obligations and guarantees set out in these T&Cs is invited to report these actions to the Company as soon as possible.

14. End of the services

Applicants can cancel their subscription to the Services at any time directly online by visiting the dedicated page. The Company will then send the User email confirmation that the Applicant’s subscription to the Services has been cancelled, with effect from the date of this confirmation.

The Company reserves the right to modify or discontinue all or some of the Services at any time, at its own discretion. Users will be informed of such modification and/or discontinuation by any appropriate means, within fifteen (15) calendar days.

If the User fails to comply with the T&Cs, the Company reserves the right to suspend or terminate the User’s access to the Services, with immediate effect. Such termination takes effect automatically on the date the Company notifies the User by letter or email. Termination automatically entails deletion of the User Account without prior notice.

The end of the Services, for any reason whatsoever, results in deletion of the User Account, and the User will no longer have access to this Account.

15. Force majeure

The Company cannot be held liable, or considered to have failed in its obligations under these T&Cs, for any non-performance linked to a case of force majeure as defined by French law and jurisprudence, provided that it notifies the other party and that it does its utmost to minimise the damage and perform its obligations as quickly as possible once the case of force majeure has ceased.

16. Entirety of agreement

The provisions of these T&Cs express the entire agreement between Users and the Company. They prevail over any proposal, exchange of letters before or after the conclusion of this contract, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the T&Cs, unless expressly agreed otherwise and duly signed by the representatives of the parties.

17. Non-waiver clause

The fact that one of the parties to these T&Cs has not required the application of any given clause, whether on a permanent or temporary basis, shall not under any circumstances be considered as a waiver of that party’s rights arising from the said clause.

18. Null or void provisions

If one or more provisions of these T&Cs is held to be null or void or declared as such in application of a law, regulation or following a final decision by a competent court, the other provisions of these T&Cs will retain their full force and scope.

In such a case, the Company undertakes to immediately remove and replace the said clause with a legally valid clause.

19. Changes to the T&CS

The Company may modify these T&Cs at any time.

These changes are binding on the User as soon as they are posted online and for all use made of the Services after they are posted online. Users are thus advised to consult the T&Cs accessible through the Solution on a regular basis in order to take note of these new conditions.

20. Jurisdiction - Applicable law

The T&Cs and all relations with Users are governed by and interpreted in accordance with French law, regardless of the location of the User accessing the Solution.

Mediation and disputes

  • Applicants :

In the event of a difference or dispute arising from the use of the Solution or any transaction carried out via the Solution, Applicants may submit it for mediation.

The above provision does not limit the Applicant’s right to bring an action before the competent courts.

  • Recruiters: :

If an amicable solution cannot be found, any dispute arising from the use of the Services or the Solution will be submitted to the Commercial Court of Angers, including in the event of an emergency, the introduction of third parties, or multiple defendants.