AI and Data Terms

1. Definitions

“AI Capabilities” means the artificial intelligence features made available as part of the Product, subject to AI Token Usage. “AI Token Usage” means the credits purchased for an agreed volume of AI Capability tasks. “Third Party AI” means technology, tools or services of third parties incorporated into or relied upon by any AI Capabilities. “Enrichment Data” means any personal, contact, profile or other information obtained, generated, verified or returned to the Customer through the Product’s sourcing, search or enrichment functionality or from third-party sources. Enrichment Data is not part of the Product. “Permitted Purpose” means the identification, sourcing, verification, assessment, comparison and engagement of candidates for specific, current and documented recruitment or talent-acquisition needs. 

2. AI is decision-support only

AI-generated matches, scores, rankings, shortlists, transcripts, summaries and other outputs are probabilistic, may be inaccurate, and are provided as decision-support only. Wiggli does not warrant the accuracy, completeness or fitness of any AI output for any hiring, rejection or other decision. The Customer relies on outputs at its own risk.

3. Third Party AI

Certain AI Capabilities may incorporate or rely on Third Party AI. Wiggli gives no warranty of any kind regarding its performance, reliability or outcomes, does not guarantee its ongoing availability, and is not liable for any modification, suspension or discontinuation of Third Party AI.

4. Customer responsibility for inputs, outputs and safety features

Except where training services are separately contracted, the Customer is solely responsible for training its Users, for ensuring its inputs do not lead to unlawful or unintended outcomes, for reviewing and verifying outputs before relying on them, and for properly activating and configuring any content filters or safety features. Wiggli is not liable for unlawful or unsatisfactory results arising from the Customer’s inputs, reliance on outputs, or failure to configure safety features.

5. Human oversight

The Customer shall maintain meaningful human review of all AI-generated matches, scores, rankings and shortlists, shall not reject or shortlist any candidate solely on automated output, and shall not disable or circumvent the platform’s human-in-the-loop safeguards. AI-generated notes, transcripts and summaries are drafts requiring human verification.

6. Non-discrimination and special category data

The Customer shall not configure, request or apply criteria that are discriminatory or that use (or proxy for) protected characteristics, and shall not design prompts, searches, notes or fields that solicit, infer or record special category (Article 9, GDPR) or criminal-offence (Article 10, GDPR) data. Incidental capture must be managed and remediated promptly in accordance with the Agreement.

7. Data sourcing

Where the Customer accesses Enrichment Data via the Product:

(a) Recruitment use only. Enrichment Data may be used solely for the Permitted Purpose, and not for sales prospecting, lead generation, direct or account-based marketing, business development, cold commercial outreach, list brokering, or any non-recruitment purpose.

(b) No consumer-report use. Enrichment Data must not be used as a consumer report or for employment/promotion/retention/termination decisions in any manner regulated by the U.S. FCRA or any equivalent consumer-reporting or background-screening regime.

(c) No solely-automated adverse action. The Customer must not reject, rank, filter out or exclude any candidate, or take other adverse action, based in whole or part on Enrichment Data without independent human review and verification, and must not make decisions producing legal or similarly significant effects based solely on automated processing.

(d) No competing use or model training. Enrichment Data must not be used to train, develop or improve any AI/ML model, or to build, populate or enrich any database or product that competes with or replicates a third-party source.

(e) “As is”. Enrichment Data is sourced from third parties and provided “as is” and “as available”; Wiggli does not warrant its accuracy, completeness, currency, deliverability or fitness, accepts no liability for reliance on unverified Enrichment Data, and the Customer must independently verify material Enrichment Data before relying on it.

(f) Controller responsibility and transparency. For GDPR purposes, the Customer is the Controller of its processing of Enrichment Data, is solely responsible for its lawful basis (including any legitimate-interests assessment), and must satisfy itself that its use is compatible with the purpose for which the data was originally collected. The Customer must provide candidates with all required transparency information (including disclosure that third-party data enrichment is used and that submitted data may be processed by the source to improve its own database) at or before first contact; where contact details are revealed at “call-down”, all relevant information required under GDPR must be given no later than first communication.

(g) No resale / onward persistence controls. The Customer receives only a limited, non-exclusive, non-transferable, non-sublicensable right to use Enrichment Data for the Permitted Purpose, restricted to personnel with a direct need. The Customer must not resell, sub-license, transfer or redistribute Enrichment Data (or any raw or substantially unmodified extract or derivative), and must not upload, sync or persist Enrichment Data into any CRM, marketing-automation or external system without first conducting its own lawful-basis assessment, accepting full controller responsibility for such onward processing.

(h) No third-party contribution programmes. The Customer and its personnel must not join any data-contribution or “community” programme, nor install or use any browser extension with data-contribution, sharing or upload features enabled, in connection with the Wiggli Intelligence functionality, and must not transmit any data it is not entitled to share with third-party sources acting as independent Controllers.

(i) Opt-out compliance. On notification of any opt-out, suppression, erasure or objection, the Customer must apply it to all Enrichment Data it holds within 5 days and not re-ingest the affected individual; the Customer must forward any related data subject request to Wiggli within 5 days and cooperate; and must report inadvertently returned special-category/criminal-offence data, and any complaint, regulatory enquiry, enforcement action or suspected personal data breach, to Wiggli within 24 hours.

(j) Retention. The Customer must maintain a documented retention policy compliant with all applicable laws and delete Enrichment Data in accordance with such policy; and must delete on valid objection, termination, or on notice that the relevant third-party source licence has ended.

8. Customer Warranties

The Customer warrants on a continuing basis that it has and will maintain a valid lawful basis for all processing it instructs; that it has provided and will provide all required transparency and notices; that its instructions are and will remain lawful; that any data it submits for enrichment relates only to living persons aged 18 or over and that it has all rights to submit it; and that it complies with all applicable data protection, e-privacy, anti-spam, equality and employment laws.

9. Wiggli protections

Wiggli’s provision of template notices, disclosure prompts, configurable controls and DPIA materials is for convenience only, is not legal advice, and does not relieve the Customer of its Controller obligations. Wiggli may suspend, restrict or refuse to give effect to any instruction, configuration or criterion it reasonably considers unlawful, discriminatory, to remove required human oversight, or to create high residual data-protection risk, and may suspend or terminate access to AI or enrichment features where the Customer is in breach or creates regulatory/legal risk or where a third-party source’s terms or availability so require, in each case without liability. Nothing makes Wiggli liable for the Customer’s obligations as Controller; each party is responsible for its own compliance for the processing for which it is Controller, and Wiggli’s aggregate liability remains subject to the cap set forth in the Agreement.

10. Ownership of Input and Output

In this Section, “Input” means the data, information, prompts or materials submitted by or on behalf of the Customer or Users to the AI Capabilities (excluding Feedback and Enrichment Data), and “Output” means the data, information or materials created by the AI Capabilities in response to Input (and, for the avoidance of doubt, excludes Enrichment Data, which is licensed under these terms and is not Output). Where Customer leverages Enrichment Data, Customer authorises Wiggli to share Input with providers selected by Customer in the Product and acknowledges that processing of such Input by providers is outside the scope of this Agreement. As between the parties, the Customer retains such right, title and interest as it may have in and to Input and Output. Input and Output constitute Customer Content, and to the extent they contain personal data processed by Wiggli on the Customer’s behalf, Wiggli acts as Processor in accordance with the DPA. For clarity, Enrichment Data, together with Wiggli’s internally maintained persisted dataset underpinning Wiggli Intelligence and any Aggregated Data (as defined in the DPA), are not Customer Content. Wiggli retains all right, title and interest in and to the AI Capabilities, the Product and its internally maintained persisted dataset underpinning Wiggli Intelligence. Nothing in this Section reduces or limits Wiggli’s obligations under applicable data protection laws in respect of any personal data contained in Input.

11. Model training and improvement

Unless the Agreement expressly identifies training data and training purposes, Wiggli will not use the Customer’s Inputs or Outputs to train any Model (meaning any large language, machine learning or artificial intelligence model). For the avoidance of doubt, Wiggli’s internally maintained persisted dataset underpinning Wiggli Intelligence is not Customer Content, Input or Output, and nothing in this Section restricts Wiggli’s use of that dataset, which Wiggli maintains as Controller. Where the Agreement permits training, Wiggli may copy, modify, distribute and use the identified training data solely for the identified training purposes and subject to any stated training restrictions. Subject to the foregoing, Wiggli may use Input, Output and other data to provide, maintain, develop and improve the AI Capabilities, provided such use does not constitute training of a Model except to the extent expressly authorised.

12. AI use restrictions

Without limiting any restriction in the Agreement or the AUP, the Customer will not, and will not permit any User or other person to: (a) use the AI Capabilities for decision-making in a regulated industry or capacity without proper human oversight and review in compliance with applicable laws and applicable professional ethics, guidelines and rules; (b) use the AI Capabilities to violate, misappropriate or otherwise infringe the intellectual property or other proprietary rights of any person; or (c) falsely state that Output was created by a human.

13. Similarity of Output; no exclusivity

Output may resemble or be duplicative of output generated for other customers or users, and Wiggli gives no representation or warranty that Output is or will be unique or exclusive to the Customer, that it does not and will not incorporate or reflect the data, prompts or materials of others, or that it will not violate, misappropriate or otherwise infringe the intellectual property or other rights of any person. Output may not be protectable as intellectual property. Wiggli’s ability to deliver the AI Capabilities may be affected by changes in applicable law or by the availability or functionality of Third Party AI, and Wiggli may modify or discontinue any Third Party AI or affected AI Capabilities as a result, without liability.

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