Terms of Service

TERMS & CONDITIONS (T&C) FOR "TALENTSURE" – A GLOBAL RECRUITMENT DATA PROCESSOR

With Extended GDPR Compliance, Emphasis on Data Processor Role, and Optional Collaborations with Other Aggregators

Last Updated: 01.07.2025

Version: 2.0

Company Address: Certif-ID International GmbH Scheffelstraße 58a 50935 Köln

Contact Information: datenschutz@certif-id.com https://www.certif-id.com

Welcome to our extensively detailed Terms & Conditions (T&C), designed to govern how TalentSure—and potentially other aggregator platforms—interacts with Sourcing Partners, Employers, and Candidates in cross-border recruitment. This Terms and Conditions Document addresses the scenario in which TalentSure predominantly serves as a Data Processor, abiding by the instructions of Sourcing Partners or Employers who typically act as Data Controllers of candidate information, while ensuring relevant GDPR compliance. We provide generic multi-phase recruitment structures, ethical guidelines, data privacy standards, disclaimers, responsibilities, and the possibility that more than one aggregator may collaborate on the same or parallel tasks.

1. INTRODUCTION

1.1 Scope & Purpose

Welcome to these Terms & Conditions (T&C) for TalentSure ("the Platform," "the Aggregator," or "we/us")—a global aggregator that primarily functions as a Data Processor, bridging cross-border recruitment efforts on behalf of Sourcing Partners and Employers (both typically Data Controllers). In some scenarios, TalentSure may coordinate with other aggregators that similarly serve aggregator roles or partial roles, ensuring that roles remain consistent with applicable data protection regulations.

This T&C clarifies how TalentSure ("The Platform" and "The Aggregator") operates, listing responsibilities, disclaimers, and lawful considerations to create a safe, trustworthy environment. We highlight the multi-phase approach used in cross-border hiring (without disclosing any proprietary internal workflow to irrelevant party / parties), abiding by standards for confidentiality, legal compliance, and extended GDPR obligations. You acknowledge that additional policies (e.g., Privacy Policy, Data Processing Agreement, or any specific framework requirements) may apply to certain aspects of the Services. In the event of conflict, those specialized documents typically govern over these Terms, except for essential disclaimers or usage clauses found here.

1.2 TalentSure's Role as a Data Processor

Unlike typical recruitment agencies that might act as data controllers, TalentSure ("The Aggregator") primarily processes personal data upon instructions from relevant Sourcing Partners or Employers. These Partners or Employers define the "why" and "how" of candidate data usage; TalentSure supplies platform infrastructure, integration with sub-processors (e.g., translation agencies, recognition bodies), and consistent compliance checks. Whenever a candidate's personal data is processed via TalentSure's environment, it is done under the instructions and liability bounds of the controlling Sourcing Partner or Employer.

1.3 Additional/Other Aggregators – Ecosystem Context

The global recruitment realm is vast. Sometimes, multiple aggregators collectively refine certain steps: for instance, a specialized aggregator for language upskilling, or a local aggregator bridging to government authorities. In these T&C, "aggregator" can be extended to these external aggregator roles. However, TalentSure remains a neutral platform data processor, focusing on synergy rather than overshadowing or duplicating specialized aggregator tasks.

1.4 Structure of These Terms

• Sections 1–4 provide a conceptual foundation, definitions, acceptance rules, and platform usage boundaries.
• Sections 5–6 detail each stakeholder's role, from Sourcing Partners to multi-aggregator interactions, plus a generic multi-phase approach.
• Section 7 addresses the GDPR compliance from a Data Processor viewpoint.
• Sections 8–12 elaborate on confidentiality, IP, disclaimers, liability.
• Sections 13–19 wrap up with termination, amendments, dispute resolution, acknowledgment.

This structure fosters clarity for anyone using the TalentSure environment. These T&C unify standard contractual disclaimers with regulatory obligations, ensuring each user understands the aggregator-limited role that we provide.

2. DEFINITIONS

2.1 "TalentSure" (Data Processor)

Refers to the platform or aggregator environment, owned or operated by an entity specialized in processing personal data under the instructions of Sourcing Partners or Employers. TalentSure's key mission is to facilitate synergy across cross-border recruitment tasks: from language documentation updates, potential shortlisting, or third-party sub-processing. TalentSure does not unilaterally decide final data usage purposes, aligning with Data Processor constraints.

2.2 "Other Aggregators" (Data Processor(s))

In some cases, additional aggregator-like platforms may join the ecosystem. They may share, forward, or co-manage certain stages of the candidate's journey. Each aggregator is either a processor or sub-processor, depending on the arrangement with the controlling Sourcing Partner or Employer.

2.3 "Sourcing Partner" (Data Controller)

An organization located in or near the candidate's home country that recruits, screens, and instructs TalentSure on how to handle candidate data. They gather core documents, coordinate local compliance, or hold educational sessions. The Sourcing Partner typically instructs TalentSure regarding relevant data retention, archiving, or data deletion times. Sourcing Partners are primarily responsible for uploading and managing all Candidate profiles within the TalentSure environment. This includes ensuring the validity, accuracy, and lawful basis for the personal data submitted. TalentSure does not independently verify or correct data attributes unless specifically instructed in writing.

2.4 "Employer" (Data Controller)

The hiring organization that issues a final job offer and contract to the candidate. The Employer instructs TalentSure on specific job post data usage. Once the candidate's personal data is integrated into the Employer's system, the Employer is the data controller for that usage. TalentSure abides by instructions from the Employer regarding data usage or data subject requests.

2.5 "Candidate" (Data Subject)

An individual seeking cross-border job opportunities. They provide personal data, from CV to ID proofs, under the instruction and direction of the Sourcing Partner or Employer. TalentSure merely processes the data consistent with the instructions received. A candidate can also assert GDPR rights (or similar privacy rights) through the relevant Sourcing Partner/Employer controlling their data.

2.6 "Program"

A term describing the intangible arrangement that moves a candidate from initial interest to final employment across borders. A Program might incorporate multiple steps such as language training, official recognition, interview scheduling, and post-arrival integration. TalentSure ("The Aggregator") supports these tasks, consistent with its role as data processor.

2.7 "General Phases"

Refers to a broad, multi-step approach in cross-border recruitment, from pre-screening to final on-site arrival. We do not detail internal or proprietary workflows in the T&C. This T&C references only general step categories (screening, recognition, interview, relocation, etc.).

2.8 "Services"

All aggregator services or modules that store, process, or communicate candidate data under Sourcing Partner or Employer directives, including bridging sub-processors like translation agencies, or facilitating job postings with relevant disclaimers.

2.9 "SureMatch"

An AI-driven feature that uses large language models (LLM) to assist in matching Candidates to Employers based on skills, experience, and requirements.

3. ACCEPTANCE OF THE T&C

3.1 Consent and Legal Binding

By using TalentSure's environment—whether to post job roles, feed candidate data, or track candidate progress—Sourcing Partners, Employers, or Candidates accept these T&C. If local laws or internal policies contradict any portion, the user must cease usage or negotiate an alternative arrangement. No stakeholder may claim ignorance if they continue after notice.

3.2 Amendments and Additional Terms

TalentSure may update or refine these T&C to align with shifting data privacy rules, new aggregator synergy, or user feedback. Material changes typically require notifications (e.g., email or pop-up). Continuing usage after such notice signals acceptance. Sourcing Partner or Employer might propose supplementary documents (Data Processing Agreement or "DPA") clarifying roles and responsibilities. If inconsistencies appear, the DPA typically overrides these T&C in purely data processing contexts, but the remainder stands. Material changes related to AI features (including SureMatch) or the onboarding/replacement of AI Sub-processors will be notified in accordance with Section 7.9 and this Section 3.2.

3.3 Role of Co-Controllers or Separate Controllers

In some collaborations (e.g., an Employer and a specialized aggregator sharing candidate data for a pilot training project), they might become "co-controllers" or each remain separate controllers. TalentSure remains a data processor unless the arrangement specifically designates some partial co-controller status for distinct tasks.

3.4 Data Processor's Non-Workflow Disclosure

TalentSure's private system or code design is proprietary. These T&C do not reveal any step-by-step workflow or internal logic. Instead, we adhere to a general framework that the Sourcing Partner, Employer or Aggregator instructs us to implement.

4. PLATFORM/SERVICE ACCESS

4.1 Registration Requirements

• Sourcing Partners: Must prove legitimate authority in the home country for candidate representation. They also confirm their readiness to supply instructions to TalentSure about data usage.
• Employers: Must provide verifiable business credentials, abiding by relevant labor laws.
• Candidates: Must be of adult age or meet local apprenticeship exceptions. By letting a Sourcing Partner provide personal data to TalentSure, they tacitly accept basic disclaimers that the Sourcing Partner is the controlling entity for data usage.

4.2 Usage Limitations and Security

All users (Sourcing Partners, Employers, or other Aggregators) vow not to use the platform for malicious content, subversive acts, or attempts to hack systems. Users must not attempt to extract model parameters, prompt-inject, or otherwise manipulate SureMatch beyond intended use. TalentSure may suspend access upon suspected abuse. TalentSure invests in security measures but cannot guarantee absolute immunity from external infiltration. If suspicious activity arises, TalentSure may freeze or investigate accounts, cooperating with relevant controllers.

4.3 Communication Flow Among Aggregators

If another aggregator co-participates in a Program, each aggregator clarifies their data processor or sub-processor capacity. TalentSure ensures that no conflicting instructions hamper data subject rights or the candidate's ability to proceed. Should contradictory instructions arise between multiple controllers, TalentSure is not liable for any confusion or delays stemming from such contradictions.

5. ROLES & RESPONSIBILITIES

5.1 TalentSure ("The Platform") as Data Processor

5.1.1 Neutral Data Processing in Cross-Border Hiring

TalentSure stands as a bridging platform. It does not unilaterally decide candidate data usage or sub-processing scopes. Instead, it implements Sourcing Partner/Employer directives, offering digital infrastructure, optional sub-processor contacts (like recognized translation agencies), and compliance checks.

5.1.2 Data Access Strictly Under Controller Instructions

TalentSure only collects candidate personal data as provided or authorized by relevant controlling entities. If a Sourcing Partner says, "Store Mr. X's CV for 12 months," TalentSure follows that instruction unless it conflicts with overriding legal obligations (like a data subject's successful erasure request or mandatory local retention laws).

5.1.3 Data Security & Technical Measures

TalentSure invests in encryption (at rest and in transit), role-based access controls, server-side logging, intrusion detection, and other best practices. As Data Processor, we remain accessible to Sourcing Partners or Employers for data-related queries or validations (like verifying an integer-coded passport field, etc.).

5.1.4 Potential Collaboration with Additional Aggregators

If an alternative aggregator engages the same candidate for parallel processes, TalentSure only exchanges personal data upon explicit instructions from controlling Sourcing Partner or Employer. TalentSure disclaims any liability if these aggregator instructions create duplication or confusion, so long as TalentSure has done due diligence to avoid direct data misuse.

5.1.5 SureMatch

TalentSure operates SureMatch strictly under Controller instructions and does not make autonomous hiring decisions.

5.2 Talentsure Aggregator and other Aggregators ("The Aggregator")

5.2.1 Potential Multi-Aggregator Setup

Some large-scale cross-border programs might bring a specialized aggregator for local licensing (health sector aggregator) and TalentSure ("The Aggregator") for data processing synergy. Each aggregator receives instructions from the controlling partner or might have a sub-processor arrangement spelled out in a DPA.

5.2.2 Shared or Overlapping Data Processing

Should data sets overlap—like the same candidate's language results—multiple aggregator environments might hold partial copies. Candidates are advised to track which aggregator is storing what. TalentSure ensures that if a candidate requests erasure from the controlling Sourcing Partner, TalentSure (as processor) also acts promptly to remove or anonymize data.

5.2.3 Representation of Entities ("The Sourcing Partner" or/and "The Employer")

Where aggregator staff or administrators create a Sourcing Partner or Employer profile on behalf of a real or prospective entity, the aggregator is fully responsible for verifying the authenticity and compliance of that entity.

5.2.4 Liability and Misrepresentation

If the aggregator user creates an entity that is fictitious, unverified, or unauthorized, TalentSure disclaims any liability arising out of such misrepresentation. The aggregator user who performed or instructed the creation is solely responsible for all resulting damages or legal consequences.

5.2.5 Validation Processes

Aggregators are expected to exercise due diligence—checking the entity's official registration, company identifiers, or any relevant legal documentation—before representing them in the aggregator environment. If a Sourcing Partner or Employer entity is discovered to be invalid or fraudulent, TalentSure ("The Platform") reserves the right to disable or remove such an entity from the environment.

5.2.6 Clause/Condition of Entity Impersonation

When aggregator personnel act "as them" (as an Employer or Sourcing Partner) in the aggregator environment, they must do so under an explicit right granted by the real entity ("The Aggregator"). The aggregator user is responsible for clarifying or disclaiming that representation to any involved data subjects or external parties. Talentsure ("The Platform") cannot be held under legal liability based on misrepresentation of the aforementioned entity.

5.3 Sourcing Partners (Data Controllers)

5.3.1 Ethical Collection & Checkpoints

Sourcing Partners gather candidate data, confirm it meets minimal job or language prerequisites, and instruct TalentSure on storing or transmitting it. They must ensure they have a lawful basis (consent or local compliance) to deliver candidate data to TalentSure. The Controller is responsible for the lawful basis, transparency, fairness, and human oversight when using SureMatch, including compliance with Article 22 GDPR where applicable.

5.3.2 Instruction Issuance to TalentSure

Sourcing Partners can request that TalentSure share candidate data with prospective Employers or other aggregator sub-processors. They also define data retention durations. If conflicting instructions arise (e.g., Employer wants indefinite retention while Sourcing Partner demands erasure), TalentSure follows the controlling entity with the final data ownership.

5.3.3 Guaranteeing Data Accuracy

Sourcing Partners must diligently verify that candidate documents—CV, educational proof, ID, certificates—are legitimate and have been collected under a valid legal basis. TalentSure is not responsible for forensic checks. If data is discovered to be fake, Sourcing Partner addresses the fallout.

5.3.4 Candidate Communication & Local Support

Sourcing Partners keep the candidate informed about progress, local training, or required document updates. Sourcing Partners remain the main local contact for pre-departure clarifications, bridging the offline steps of legalizing documents or scheduling recognized language tests.

5.3.5 Candidate Permission

Sourcing Partners confirm that each Candidate has granted any legally required consent or has an alternative legitimate basis for such data processing and data altering. This includes the Candidate's acceptance of Sourcing Partner's or Employer's terms in uploading data onto TalentSure.

5.4 Employers (Data Controllers)

5.4.1 Real Vacancies, Non-Exploitation

Employers must have a legitimate opening. Once they instruct TalentSure to process or forward candidate personal data for job evaluation, they become the controlling entity for that data usage. Employers who post spurious job ads or fail to offer labor-legal working conditions may face immediate suspension.

5.4.2 Instructions to TalentSure for Data Processing

Employers can define job criteria, skill lists, or additional screening fields. TalentSure implements these data usage guidelines, always under the principle that the Employer remains the end data controller of those fields. Employers also handle data subject requests if the candidate wants to rectify or withdraw data from the Employer's domain.

5.4.3 Post-Arrival Integration

Though not strictly part of data processing, Employers typically facilitate orientation or lodging. They remain the party that the candidate forms a contractual bond with. If an Employer demands an extra background check or specialized test, they must ensure lawfulness. TalentSure is not liable if local labor authorities question the Employer's approach.

5.4.4 Salary & Condition Transparency

Employers must finalize wage details in a manner that respects local minimum wage or industry standard, clarifying hours, probation periods, or shift rotations. TalentSure, purely as data processor, remains neutral but encourages clarity to reduce candidate confusion or dropout.

5.4.5 SureMatch

The Controller is responsible for the lawful basis, transparency, fairness, and human oversight when using SureMatch, including compliance with Article 22 GDPR where applicable.

5.5 Candidates (Data Subjects)

5.5.1 Providing Authentic Data

Candidates confirm the materials they share with Sourcing Partners or Employers are accurate. Submitting false documents can lead to immediate cessation. TalentSure is not responsible for verifying or guaranteeing authenticity, but we may inform the controlling entity if suspicious patterns arise.

5.5.2 Engaging in the Program, Language & Other Requirements

Most cross-border roles require language proficiency or specialized skill sets. The candidate is responsible for consistent attendance at training. TalentSure simply processes the data that the Sourcing Partner or Employer logs about such attendances or exam results.

5.5.3 Right to Data Protection in Multi-Aggregator Context

Candidates can direct GDPR or local data rights requests to the Sourcing Partner or Employer controlling their data. TalentSure, as data processor, will facilitate the request once the controlling party instructs us. If a candidate tries to contact TalentSure directly, we forward the request to the relevant controller to confirm instructions.

6. GENERIC MULTI-PHASE RECRUITMENT PROGRAM

6.1 Pre-Screening

Candidates are evaluated by Sourcing Partners, checking minimal educational or experience thresholds. TalentSure ("The Platform" and/or "The Aggregator") might log the screening result in a basic "status" value if requested by Sourcing Partners, but does not define the pass/fail logic.

6.2 Language Training (Multiple Levels)

Whether the role demands the Sourcing Partner organizes or monitors classes. TalentSure ("The Platform") updates or records the progression data purely on instructions: e.g., the Sourcing Partner might say "mark John as B1-complete." Another aggregator might handle specialized medical German for nurses.

6.3 Credential & Recognition Checks

Regulated professions require official recognition from local authorities. The controlling entity instructs TalentSure ("The Platform") to store the scanned diplomas, track the notarization, or forward them to recognized sub-processors. If an aggregator does partial processing, TalentSure ("The Platform") stands ready to connect data flows, as permitted.

6.4 Employer Interviews & Contracting

Once the Sourcing Partner or another aggregator signals readiness, the Employer can instruct TalentSure ("The Platform") to schedule candidate interviews. TalentSure ("The Platform") processes interview outcomes—like "Candidate X: pass," "Candidate Y: partial re-interview"—based on Employer feedback. A final contract arises between Employer and candidate.

6.5 Document & Visa Steps

When the candidate obtains a job offer, the controlling entity typically orchestrates the final sets of documents. TalentSure ("The Platform"), upon instructions, might share them with sub-processors or store them for a designated retention period. Visa scheduling remains the candidate's responsibility with local embassies.

6.6 Parallel vs. Sequential Steps

While these T&C reference a typical sequence, real-time processes often overlap. Language training can continue while partial recognition steps progress. TalentSure, as data processor, doesn't enforce concurrency or concurrency logic but ensures data organization is consistent.

6.7 Timelines & Common Delays

Cross-border complexities vary from 3 to 15 months. Delays can arise from repeated language exam failures, official backlogs at recognition bodies, or last-minute changes in an Employer's needs. TalentSure ("The Platform") disclaims liability for these external slowdowns.

7. GDPR & DATA PROTECTION (DATA PROCESSOR FOCUS)

7.1 Regulatory Framework

TalentSure ("The Platform") abides by EU's GDPR (Regulation (EU) 2016/679) for personal data that it processes under instructions from Data Controllers (Sourcing Partners / Employers). Non-EU data privacy laws might apply similarly, but these T&C place emphasis on GDPR's advanced standards.

7.2 TalentSure's Data Processor Commitments

• Process data solely on documented instructions from the relevant controller.
• Ensure staff confidentiality and train employees in secure data handling.
• Implement technical and organizational security to safeguard data.
• Assist controllers with data subject requests when feasible.
• Delete/return personal data on controller instruction at the end of services.
• Operate SureMatch only on documented instructions.
• Support Controller transparency and rights requests related to automated analysis.
• Maintain an up-to-date list of AI Sub-processors per Section 7.9.

7.3 Appointment of Controllers & Joint Controllers

Sourcing Partners or Employers that define the data usage scope become data controllers. Occasionally, they might agree to a joint controllership arrangement, especially if both share or unify data for the same purposes. TalentSure ("The Platform") remains a separate data processor in these scenarios.

7.4 Processing Under Controller Instructions

Should a Sourcing Partner instruct TalentSure ("The Platform") to share candidate data with an Employer, that is the controlling directive. If a data subject complains about such sharing, TalentSure ("The Platform") defers to the controlling entity's lawful basis. TalentSure ("The Platform") does not override or second-guess that basis unless it blatantly violates data protection law.

7.5 Data Minimization & Purpose Limitation

TalentSure's platform discourages capturing extraneous data (e.g., personal beliefs, genetic data) unless a controller specifically deems it necessary for a recognized or legitimate job requirement. For instance, a healthcare role may require immunization records, but the aggregator asks the controller to confirm that lawfulness first. For SureMatch, only data necessary for skills/role matching is provided to the LLM; special category data is excluded unless explicitly instructed and lawful.

7.6 Candidate Rights & TalentSure's Processor Obligations

If a candidate wants data rectified or erased, they contact the controlling Sourcing Partner or Employer. Once TalentSure ("The Platform") receives an official instruction, TalentSure ("The Platform") implements it within the scope of the DPA. Should the aggregator inadvertently see direct requests, aggregator forwards them to the relevant controller for instruction.

7.7 Security & Confidentiality

TalentSure ("The Platform") invests in strong encryption (TLS/SSL for data in transit), robust role-based access, intrusion detection, and mandatory staff NDAs. Sub-processor or hosting partners must meet equally recognized standards. All aggregator staff or sub-processors sign legally binding confidentiality obligations.

7.8 Data Breach Notification

If an incident occurs that compromises personal data, TalentSure ("The Platform") notifies the relevant controlling Sourcing Partner or Employer "without undue delay," providing breach details, scope, and recommended mitigation. The controller decides on notifying supervisory authorities or data subjects, unless local rules directly impose obligations on the processor too. References to "personal data" include any personal data contained in SureMatch prompts, context windows, and outputs.

7.9 Sub-Processors & International Transfers

TalentSure ("The Platform") might rely on recognized sub-processors (cloud providers, translation firms, etc.). The aggregator ensures each sub-processor signs an agreement with equivalent data protection obligations. For any personal data traveling outside the EEA, standard contractual clauses or an adequacy mechanism are used. AI/LLM infrastructure providers used for SureMatch are treated as Sub-processors. TalentSure will provide prior notice of any addition/replacement of such Sub-processors, allowing Controllers to object per the DPA.

7.10 Return or Deletion of Data Post Engagement

When a Program ends or the controlling entity revokes instructions, TalentSure ("The Platform") will, upon request, either securely delete or return personal data within a specified timeframe, except for minimal logs such as a case where TalentSure ("The Platform"), Talentsure ("The aggregator") and, or the aforementioned aggregator must keep to demonstrate compliance or handle potential disputes. Deletion/return obligations apply equally to SureMatch inputs and outputs held by TalentSure or its AI Sub-processors, subject to mandatory system logs retained for security/compliance.

7.11 AI/LLM Processing ("SureMatch")

7.11.1 Description

TalentSure provides SureMatch, an AI-assisted matching feature that uses large language models ("LLMs") to analyze Candidate data (e.g., CVs, skills, experience, qualifications, language level) against Controller-defined job requirements. SureMatch is operated solely under documented instructions from the relevant Data Controller (Sourcing Partner and/or Employer).

7.11.2 Nature and purpose of processing

SureMatch performs automated analysis to: a) structure and summarize Candidate information; b) compare Candidate profiles to role requirements; c) generate non-binding match scores, shortlists, and explanations for human review.

The feature does not make hiring decisions. All decisions remain with the Controller.

7.11.3 Roles and responsibilities

(a) Controllers determine the lawful basis for using AI in recruitment, define inputs/outputs, and ensure fairness, transparency, and compliance with applicable laws (including Art. 22 GDPR, where relevant). (b) TalentSure (Processor) operates SureMatch, implements the Controller's instructions, and applies appropriate technical and organizational measures.

7.11.4 Legal basis and transparency

Controllers are responsible for: (i) identifying the GDPR legal basis; (ii) providing candidates with clear notices that their data may be analyzed by AI tools for matching; and (iii) ensuring any required Data Protection Impact Assessment (DPIA) is completed where the processing is likely to result in a high risk.

7.11.5 Candidate rights and human review

Controllers must provide mechanisms for Candidates to exercise rights (access, rectification, erasure, restriction, objection, portability). Where automated analysis significantly affects the Candidate, Controllers must ensure a meaningful right to obtain human intervention, to express their point of view, and to contest the result. TalentSure will support Controllers in fulfilling such requests, as instructed.

7.11.6 Data categories and minimization

SureMatch processes only the personal data provided or authorized by the Controller and reasonably necessary for matching (e.g., employment history, skills, qualifications, language results). Controllers shall avoid submitting special categories of data unless strictly necessary and lawful; TalentSure will process such data only if expressly instructed and permitted by law.

7.11.7 Quality, explainability, and limitations

Outputs from SureMatch are advisory and may contain inaccuracies or omissions. Controllers are responsible for human review and validation before reliance. TalentSure disclaims responsibility for hiring outcomes based solely on SureMatch outputs, subject to Section 13. Where feasible, TalentSure will provide explanatory rationales (e.g., key skills matched/missing) to support transparency.

7.11.8 Sub-processors and international transfers

SureMatch may rely on vetted AI/LLM infrastructure providers as Sub-processors. TalentSure ensures such providers are bound by written data processing terms with security and confidentiality obligations equivalent to those in these T&Cs and the applicable DPA. International transfers, where applicable, will be protected by valid transfer mechanisms (e.g., adequacy decisions or standard contractual clauses). A current list of Sub-processors is available upon request and will be updated in accordance with Section 7.9.

7.11.9 Security

TalentSure applies appropriate technical and organizational measures, including encryption in transit and at rest where feasible, access controls, logging/monitoring, and separation of environments, to protect personal data used by SureMatch.

7.11.10 Retention and deletion

AI inputs/outputs are retained only as long as necessary for the Controller's documented purposes or as required by law. Upon Controller instruction or termination, TalentSure will delete or return personal data and related AI outputs in accordance with Section 7.10.

7.11.11 Testing and improvement

Unless expressly authorized in writing by the Controller, TalentSure and its Sub-processors will not use Candidate personal data processed via SureMatch to train or improve foundation models. Any approved testing will use de-identified or synthetic data where feasible.

7.11.12 No bias or discrimination

Controllers must not use SureMatch to apply criteria that directly or indirectly discriminate on prohibited grounds. If TalentSure becomes aware of potential discriminatory use, it may suspend processing and notify the Controller.

7.11.13 Disclaimer

SureMatch is provided "as-is" for decision support only. TalentSure disclaims responsibility for hiring outcomes and any reliance on AI outputs without appropriate human review, subject to the limitations set out in Section 13.

8. CONFIDENTIALITY & INTELLECTUAL PROPERTY

8.1 Handling Confidential Info from Controllers

When Sourcing Partners or Employers share business secrets or custom recruitment processes, aggregator respects confidentiality. Aggregator staff only accesses these materials for required tasks, forbidding extraneous distribution.

8.2 Candidate Ownership of Personal Data

Though aggregator processes candidate data, it remains "owned" by the candidate in the sense that they hold fundamental rights. The controlling entity maintains the final say in usage, but aggregator supports data subject rights upon instruction.

8.3 TalentSure Brand & IP

The brand name "TalentSure," associated logos, color schemes, design elements, and text remain TalentSure intellectual property. Using these IP assets outside TalentSure's environment for marketing or co-branding requires prior approval. This clause ensures no user or external TalentSure claims TalentSure branding for unrelated products.

8.4 Multi-Aggregator Confidentiality Clauses

When multiple aggregator platforms co-participate, they sign relevant cross-stipulations. None may unilaterally exploit or reveal the other aggregator's technology or code. Confidentiality pertains to processed candidate data and the proprietary logic behind aggregator synergy. Confidentiality extends to SureMatch prompts, context, and outputs.

9. FEES & BILLING

9.1 Controller Payment Models (Employer / Aggregator / Sourcing Partner)

Employers or Sourcing Partners pay TalentSure ("The Platform") for data processing or synergy tasks, typically upon a "subscription-based" or Talentsure ("The aggregator") on a "per-candidate success" format. For instance, TalentSure ("The Platform") and/or ("The Platform") might invoice monthly or track certain volumes of processed data. The aggregator does not require the candidate to pay.

9.2 Payment Timelines & Disputes

All invoices specify due dates. If a Sourcing Partner or Employer disputes TalentSure ("The Platform") and/or TalentSure ("The Aggregator")'s invoice, they must submit a reasoned complaint within a designated window, e.g., 14 days. TalentSure ("The Platform") and/or TalentSure ("The Aggregator") attempts good-faith resolution or clarifies usage logs. Non-payment or repeated delays can lead TalentSure ("The Platform") and/or TalentSure ("The Aggregator") to freeze certain data processing tasks or future candidate referrals.

10. ETHICAL & NON-EXPLOITATION PROVISION

10.1 Introduction

We are committed to ethical, fair, and transparent recruitment practices for international health and social care personnel.

10.2 Commitment to Internationally Recognised Human Rights Standards

The Company affirms its clear and unequivocal commitment to uphold and promote internationally recognised human rights in all aspects of its business operations. This commitment expressly includes adherence to:

1. The core labour standards of the International Labour Organisation (ILO);
2. The ILO's "General Principles and Operational Guidelines for Fair Recruitment";
3. The United Nations Guiding Principles on Business and Human Rights;
4. All relevant international human rights agreements, with particular emphasis on the protection of migrant workers and the maintenance of humane working conditions.

This obligation applies to all employees, partners, subcontractors, and stakeholders engaged in or associated with the Company's activities, and forms an integral part of the Company's ethical and operational framework.

10.3 Ethical Recruitment Principles

All recruitment must be conducted with integrity, fairness, and in compliance with legal and ethical standards.

Candidates must be fully informed about their rights, employment conditions, and obligations before signing contracts.

• No individual should be charged fees for recruitment services.

10.4 Protection of Source Countries

• Certif-ID International Ltd will not actively recruit from countries on the WHO Health Workforce Support and Safeguards List.

10.5 Employer Responsibilities

• Employers must provide fair wages, safe working conditions, and professional development opportunities.
• Recruited personnel must receive proper induction, training, and support to integrate into their new roles.
• Employers must comply with national employment laws and regulations.

10.6 Candidate Integration Concept

The Employer shall, as a binding obligation, develop, implement, and maintain an Integration Concept that fully meets the criteria and standards established for the Fair Recruitment in Nursing Care Germany quality seal. The Integration Concept must, at a minimum, address:

1. Measures to support the professional, linguistic, and social integration of recruited personnel;
2. Compliance with all applicable legal requirements and internationally recognized human rights standards;
3. Provision of adequate onboarding, mentorship, and ongoing support for migrant workers;
4. Transparent communication of rights, responsibilities, and available resources to recruited personnel in a language they understand.

The Integration Concept shall be documented, regularly reviewed, and made available upon request to the certifying authority or other competent bodies.

10.7 Candidate Protection and Support

• All candidates must receive written contracts outlining salary, working hours, benefits, and termination conditions.
• Employers must offer relocation support, including visa assistance and cultural orientation.
• No worker should face discrimination, exploitation, or unfair treatment.

10.8 Prohibited Practices

• No recruitment agency, employer, or third party shall charge candidates recruitment fees.
• Misleading job advertisements or false promises about employment conditions are strictly prohibited.
• Coercion or forced labour in any form will not be tolerated.

10.9 Compliance and Monitoring

• Certif-ID International Ltd will regularly review recruitment partners to ensure adherence to this policy.
• Any breaches must be reported and will be investigated with appropriate corrective action taken.
• Complaints from recruited personnel will be addressed promptly and fairly.

10.10 Non-Discrimination

Stakeholders must not block or deter a candidate based on race, ethnicity, religion, orientation, disability, or other protected traits. If TalentSure ("The Platform") detects discriminatory patterns, TalentSure ("The Platform") terminates the agreement or withholds relevant processing tasks.

10.11 Anti-Trafficking

TalentSure ("The Platform") and TalentSure ("The Aggregator") stands with local and international anti-trafficking directives. Any sign that Sourcing Partners or Employers forcibly retain candidate passports, demand unpayable debts, or manipulate vulnerabilities is flagged. TalentSure ("The Platform") and TalentSure ("The Aggregator") promptly halts data processing for such a suspect arrangement and may notify relevant authorities.

10.12 Review and Updates

This policy will be reviewed annually to ensure compliance with evolving regulations and ethical recruitment standards. By adhering to this policy, Certif-ID International Ltd commits to upholding the highest standards in international recruitment, ensuring fairness, transparency, and respect for all stakeholders.

11. DECLARATION OF PRINCIPLES

Our Commitment to Fair and Ethical Recruitment — Grundsatzerklärung

At TalentSure, we are fully committed to responsible, transparent, and sustainable recruitment practices for international nursing professionals. This voluntary declaration is guided by the principles of the Gütesiegel – Faire Anwerbung Pflege Deutschland, the WHO Global Code of Practice on the International Recruitment of Health Personnel, and internationally recognized human rights and labor standards. We commit to the following principles:

Fair & Transparent Processes

We follow recruitment and placement practices that meet the standards of the Gütesiegel – Faire Anwerbung Pflege Deutschland, ensuring dignity, equity, and informed choice for healthcare professionals.

Respect for International Standards

We uphold international human rights conventions, including the ILO core labor standards, the ILO General Principles and Operational Guidelines for Fair Recruitment, the UN Guiding Principles on Business and Human Rights, and relevant UN human rights conventions.

No Unjust Contractual Obligations

We reject the use of repayment or binding clauses that restrict freedom of movement or violate the Gütesiegel – Faire Anwerbung Pflege Deutschland standards. Every agreement is reviewed to ensure compliance with fair labor expectations and legal requirements in Germany.

Alignment with WHO Code of Practice

Our recruitment model follows the WHO Global Code of Practice on the International Recruitment of Health Personnel, supporting sustainability in both sending and receiving countries.

No Fees for Candidates – Ever

We apply the Employer Pays principle. Nurses and candidates never pay recruitment or placement fees — neither directly nor indirectly.

Data Privacy and Confidentiality

We process candidate data in strict compliance with GDPR and national data protection laws. Employers working with TalentSure commit to the same level of confidentiality.

This commitment forms the foundation of a transparent, responsible, and future-ready approach to the recruitment and placement of international nursing professionals.

12. DISCLAIMERS

12.1 Limited Guarantee of Outcomes

TalentSure ("The Platform") merely processes data as instructed. We disclaim guaranteeing final job success, language exam pass rates, or official approvals. The aggregator environment is "as is," used primarily to coordinate multi-phase recruitment.

12.2 Accuracy of Sourcing Partner or Employer Input

TalentSure ("The Platform") does not independently verify the veracity of posted job listings, candidate credentials, or language achievements. The controlling entity that instructs aggregator on such postings or updates holds direct accountability. TalentSure ("The Platform"), while it might do random checks, denies liability if a listing is found misleading.

12.3 Force Majeure

Should TalentSure ("The Platform") environment go offline or hamper data processing due to events outside TalentSure ("The Platform") control (e.g., floods, official lockdowns, malicious large-scale cyberattacks), TalentSure ("The Platform") shall not be held responsible for disruptions. Normal services resume once feasible.

12.4 AI Limitations

SureMatch outputs are advisory and may contain inaccuracies or omissions. Controllers are responsible for human review and validation before reliance. TalentSure disclaims responsibility for hiring outcomes based solely on SureMatch outputs, subject to Section 13.

13. LIABILITY LIMITATIONS

13.1 TalentSure's Liability as a Processor

Because TalentSure ("The Platform") is not the final data controller, TalentSure ("The Platform")'s liability remains narrower. Any disputes about the data usage or final job mismatch typically revert to the controlling entity. TalentSure ("The Platform") is only responsible for fulfilling processor-level obligations and remedying any fault strictly from TalentSure ("The Platform") domain of control (e.g., security breaches or negligence in abiding by instructions). To the extent permitted by law, TalentSure's liability does not extend to decisions made by Controllers based on SureMatch outputs without appropriate human review.

13.2 Exclusions & Caps

TalentSure ("The Platform") disclaims liability for indirect or consequential damages (loss of future wages, emotional distress, etc.). Where TalentSure ("The Platform") does owe compensation for proven direct damages, the total is capped at the lesser of (a) the total fees TalentSure ("The Platform") received from that controlling entity in the preceding 12 months, or (b) a fixed limit declared in the Data Processing Agreement.

13.3 No Liability for Government Delays

TalentSure ("The Platform") cannot expedite or override official recognition bodies, licensing boards, or embassies. If a candidate's bridging process is stuck or refused, TalentSure ("The Platform") is not at fault for lost time or missed career opportunities.

14. TERM & TERMINATION

14.1 Sourcing Partner / Employer / Candidate Termination

Any user can terminate usage upon reasonable written notice. The TalentSure ("The Platform") marks the relevant data for deletion or returns it to the controlling entity if no outstanding instructions remain. Fees for partial usage might remain due, subject to T&C or DPA conditions.

14.2 TalentSure's Right to Suspend or Terminate

TalentSure ("The Platform") can unilaterally suspend an account if:

• The user (controller or aggregator) issues contradictory or unlawful instructions.
• The user repeatedly breaches zero-fee or non-discrimination policies.
• Overdue fees remain unsettled.

14.3 Post-Termination Data Handling

Upon termination, TalentSure ("The Platform") arranges data return or secure deletion as directed by the controlling entity, unless TalentSure ("The Platform") must keep limited logs for legal or compliance. The TalentSure ("The Platform")'s disclaimers and confidentiality survive termination.

14.4 Nurses Program - India to Germany

14.4.1 Ordinary Termination

Both contractual parties may terminate this agreement with 30 days notice to the end of a calendar month, in written or text form.

14.4.2 Extraordinary (Immediate) Termination

Either party may terminate this agreement without notice for good cause. Good cause exists in particular if facts or circumstances arise that make it unreasonable to continue the contractual relationship. Good cause shall include, among others, situations where a contractual partner fails to comply with the agreed obligations, requirements, or quality standards under this agreement or with the principles of the RAL Quality Seal "Fair Recruitment Care Germany."

14.4.3 Repayment or Retention Clause

Repayment or retention obligations, e.g. in the event of early withdrawal by the healthcare professional, are only permissible if the professional is responsible for the withdrawal and only within the limits permitted by law.

14.4.3.1 General Limits

• Any repayment obligation may not exceed the amount of half of one month's salary and must be clearly highlighted and expressly stated in the contract.
• No repayment obligation shall apply if the healthcare professional terminates the contract within the first four weeks or before completing 50 hours of language instruction, regardless of fault.

14.4.3.2 Withdrawal from Language Training in the Country of Origin

• A repayment obligation in the event of premature withdrawal of the caregiver from an ongoing language course in the country of origin is only permissible if the withdrawal is due to reasons for which the caregiver is responsible.
• The caregiver must be granted a monthly right of termination and the option to pay in instalments.
• In the following cases of withdrawal, repayment may not be demanded, regardless of fault:
  • during the first 50 teaching units,
  • if the programme has to be discontinued for health reasons,
  • in the event of pregnancy,
  • in the event of force majeure,
  • in the event of the loss of a close family member,
  • in the event of a proven breach by the company of the criteria from the catalogue of requirements for the "Fair Recruitment Care Germany" seal of approval.

14.4.3.3 Permissible Costs

The repayment amount may only include costs actually incurred for:

• participation in the language course in the country of origin,
• the language test in the country of origin,
• any payments made to the caregiver to cover living expenses while learning the language in the country of origin, and
• administrative fees for translations, certifications, visas, and equivalence assessment, insofar as these were incurred in the country of origin up to the time of departure.

14.4.3.4 Transparency Obligation

Prior to conclusion of the contract, the healthcare professional shall receive clear and individualized information about termination and repayment clauses in their language of communication.

14.4.3.5 Legal Compliance

These provisions are in line with the requirements of the RAL Quality Seal "Fair Recruitment Care Germany" and comply with applicable law.

14.4.4 Employer Pays Principle – Candidate Rights (BGB References)

In line with the Employer Pays Principle, Candidates shall not bear recruitment, placement, migration, or related costs — neither directly nor indirectly.

• Material breach. Any violation of this principle constitutes a material breach of this Agreement.
• Right of rescission (§§ 346 et seq. BGB). If prohibited costs are imposed, the Candidate may rescind the Agreement in accordance with §§ 346 et seq. BGB, with full restitution of any amounts already paid.
• Right of extraordinary termination (§ 314 BGB). If such a breach makes continuation of the contractual relationship unreasonable, the Candidate may terminate the Agreement without notice under § 314 BGB.
• Restitution. The Employer or Sourcing Partner must promptly reimburse the Candidate for all prohibited charges and any related expenses.
• No disadvantage. Candidates asserting their rights under this clause must not be disadvantaged or retaliated against.

15. AMENDMENTS

15.1 Notice Period

TalentSure ("The Platform") generally attempts a 15 or 30-day prior notice if these T&C undergo major changes, e.g., data retention policy or sub-processor frameworks. Minor updates (like clarifying grammar, cross-references) might proceed with immediate effect. Changes materially affecting SureMatch processing or AI Sub-processors will follow the notice period in this Section and Section 7.9.

15.2 Objections

Sourcing Partners or Employers who object to new T&C can try to negotiate carve-outs or cease usage. If they continue beyond the notice window, TalentSure ("The Platform") treats it as acceptance.

16. Corporate Social Responsibility (CSR)

We maintain a Corporate Social Responsibility (CSR) management system in line with the principles of the RAL Quality Seal "Fair Recruitment Care Germany."

This system ensures compliance with ethical recruitment standards, transparency, and worker protection.

Information about our CSR management system is publicly available at: https://talentsure.de/resources/csr-risk-assessment-india

17. INDEMNIFICATION

17.1 Indemnities Among Controllers, Processors, Additional Aggregators

Each party undertakes to defend, indemnify, and hold harmless the others from claims or damages stemming from that party's wrongdoing. For instance, if a Sourcing Partner illegally collected personal data, forcing TalentSure ("The Platform") to face regulatory fines, the Sourcing Partner must indemnify TalentSure ("The Platform") for those fines.

17.2 Triggers & Claim Resolution

• Data Breaches: If TalentSure ("The Platform") negligence leads to a breach, TalentSure ("The Platform") is liable. If TalentSure ("The Platform") followed instructions but the instructions themselves were flawed, the controlling entity might be at fault.
• IP Infringement: If an Employer misuses TalentSure ("The Platform")'s brand or posts content that violates a third party's IP, TalentSure ("The Platform") is indemnified from claims.
• Misrepresentation: If the Sourcing Partner provides false, misleading, or fraudulent candidate information, and as a result TalentSure (acting as "The Platform" and/or "The Aggregator") or any affiliated aggregator is subject to a claim, legal action, or damages by an Employer or any third party, the Sourcing Partner agrees to fully indemnify, defend, and hold harmless TalentSure and any affected aggregator. This includes covering all resulting losses, liabilities, legal fees, and other costs arising from such actions.

18. DISPUTE RESOLUTION & GOVERNING LAW

18.1 Arbitration or Courts

TalentSure ("The Platform") will determine the appropriate dispute resolution mechanism based on the location of the aggregator. By default, disputes will either be referred to a recognized arbitration forum or resolved through the local courts in the jurisdiction where the aggregator is headquartered. If the aggregator is based in an EEA (European Economic Area) country, this agreement may specify either the seat of arbitration or the competent local courts within that jurisdiction.

18.2 Applicable Law

The controlling law for this agreement will generally be the law of the country in which the aggregator is incorporated. However, in cross-border situations, mandatory consumer protection or labor regulations in the candidate's or employer's jurisdiction may override certain provisions of these Terms and Conditions. Where such local laws prohibit the aggregator from disclaiming specific responsibilities or obligations, the aggregator agrees to comply with those mandatory requirements in addition to these Terms and Conditions.

19. MISCELLANEOUS

19.1 Entire Agreement

These T&C plus any relevant DPAs or supplemental agreements, constitute the entire arrangement around TalentSure ("The Platform") and TalentSure ("The Aggregator") data processing environment. They override any previous conflicting statements.

19.2 Severability

If a court finds a T&C segment void, TalentSure ("The Platform") and TalentSure ("The Aggregator") can revise that segment to reflect the original intention within lawful boundaries. Remainder remains enforceable.

19.3 Assignment

TalentSure ("The Platform") and TalentSure ("The Aggregator") can assign these T&C rights to an affiliate or successor. Sourcing Partners or Employers typically need TalentSure ("The Aggregator") and or other aggregators written permission to reassign their obligations to a new legal entity.

19.4 Relationship of Parties

Nothing herein forms a partnership, joint venture, or official representation. Each aggregator or sub-processor remains independent in fulfilling data tasks. The entire synergy arises from the controlling instructions from Sourcing Partners or Employers.

19.5 Non-Waiver

A single instance of aggregator not enforcing a T&C clause does not bar future enforcement. Similar logic applies to Sourcing Partners or Employers.

19.6 Contact Info

For official notices about T&C changes, data processing, or suspected policy breaches, contact TalentSure ("The Platform") publicly listed channels or aggregator's Data Protection Officer if mandated.

20. ANNEX: GLOSSARY & TEMPLATES (Optional)

20.1 Data Processing Agreement Sample Clauses

• Purpose & Duration: The Sourcing Partner instructs TalentSure ("The Platform") to store and manage personal data strictly for cross-border recruitment.
• Security: TalentSure ("The Platform") implements encryption, backups, and access logs.
• Sub-Processors: TalentSure ("The Platform") obtains prior approval or provides a list of sub-processors.
• Deletions: On termination, TalentSure ("The Platform") either erases data or returns it as Sourcing Partner instructs.
• AI Processing: Controller instructs Processor to use SureMatch for non-binding, AI-assisted matching; Processor will not use data for model training without written authorization.
• Sub-processors (AI): LLM provider(s) identified in the Sub-processor list; international transfers protected via SCCs/adequacy where applicable.
• Rights & Human Review: Controller ensures candidate notices and mechanisms for human intervention/contestation where automated analysis significantly affects candidates.

20.2 DSAR Template

A candidate can approach the controlling Sourcing Partner or Employer with:

• Full name and contact details
• "I request access/erasure of personal data in the context of cross-border recruitment involving aggregator 'TalentSure.'"
• Signature and date

This template fosters clarity and ensures the aggregator receives formal instructions from the rightful controller.

21. ACKNOWLEDGMENT

By proceeding with the environment provided by TalentSure, you (as Sourcing Partner, Employer, other aggregator, or candidate) confirm full awareness and agreement to these Terms & Conditions. You recognize TalentSure's status as a Data Processor, abiding by instructions from data-controlling Sourcing Partners or Employers, and that no references to internal or proprietary workflows are implied or shared herein.

If you have uncertainties or clarifications about these T&C, especially concerning data processor roles or multi-aggregator synergy, consult an attorney or contact our official support channels before continuing. Your further usage of TalentSure's environment signifies acceptance of all disclaimers, obligations, and data privacy measures explained above.

Signed for and on behalf of TalentSure (Data Processor) compliance@talentsure.de