Terms of Use
Last updated: 18 June 2026
1. INTRODUCTORY PROVISIONS
These Terms of Use (hereinafter: the “Terms”) govern the rights and obligations relating to access to and use of the Platform operated by Nimatron d.o.o., Sprečka ulica 19, Zagreb, Croatia, Personal Identification Number (OIB): 27887722834 (hereinafter: “Nimatron”, “we”, “us” or “our”).
By accessing the Platform, registering a user account or completing a questionnaire to apply for a job advertisement, the User confirms that they have read, understood and fully accepted these Terms.
These Terms constitute a legally binding agreement between Nimatron and the User. If the User does not agree to these Terms, they must stop using the Platform.
The Privacy Policy published on the Platform, which forms an integral part of these Terms, applies to the protection of Users’ personal data.
These Terms apply to all Users, although certain provisions apply only to specific categories of Users. The general provisions (Sections 1, 2, 3, 7, 9, 10, 12, 13, 14, 15 and 16) apply to all Users. In addition to the general provisions, Employers are subject to the provisions governing use of the Platform by Employers (Section 4), fees and subscriptions (Section 8), and the processing of personal data on behalf of the Employer (Section 11). In addition to the general provisions, Candidates are subject to the provisions governing use of the Platform by Candidates (Section 5) and automated processing (Section 6). By accepting these Terms, each User accepts the general provisions and the specific provisions applicable to their category.
2. DEFINITIONS
For the purposes of these Terms, the following capitalised terms shall have the meanings set out below:
“GDPR”
means the General Data Protection Regulation, Regulation (EU) 2016/679.
“Candidate”
means a natural person who applies through the Platform for a job advertised by an Employer, completes a questionnaire and provides their personal data for the purpose of participating in a recruitment and selection process.
“User”
means any natural or legal person that accesses the Platform and uses its functionality, including an Employer, Employer Employee and Candidate.
“Nimatron”
has the meaning given in Section 1 of these Terms.
“Platform”
means the website www.talentq.io and the TalentQ platform.
“Employer”
means a legal or natural person that conducts a recruitment and selection process through the Platform, publishes a job advertisement and to whose process the Candidate applies.
“Privacy Policy”
means Nimatron’s Privacy Policy dated 18 June 2026, available on the Platform.
“Subscription Agreement”
means a monthly subscription service agreement entered into between Nimatron and the Employer, setting out the subscription terms, scope of services, duration and fees. A Subscription Agreement is entered into only for the subscription service, while standard services are ordered and paid for in accordance with the price list on the Platform, without entering into a Subscription Agreement.
“Employer Employee”
means a natural person who is employed by or otherwise engaged under contract with the Employer and who, on behalf of the Employer and based on assigned authorisations, uses the Platform to manage the recruitment and selection process (e.g. creating job advertisements and questionnaires, reviewing applications and communicating with Candidates).
3. DESCRIPTION OF THE PLATFORM AND SERVICES
The Platform is an information system that enables Employers to conduct the entire recruitment and selection process through the Platform, including creating job advertisements and questionnaires, receiving Candidate applications, automatically analysing and ranking applications, and communicating with Candidates.
The entire recruitment and selection process takes place exclusively through the Platform. Each Employer recruitment campaign has its own publicly accessible job advertisement page through which Candidates access the questionnaire.
Nimatron is the technical provider of the Platform and does not participate in establishing an employment relationship between an Employer and a Candidate. Nimatron does not employ Candidates, does not provide employment placement services within the meaning of applicable employment placement laws, and does not make any decision regarding the selection, acceptance or rejection of Candidates. All decisions in the recruitment and selection process, including the final hiring decision, are made exclusively by the Employer at its own responsibility.
4. USE OF THE PLATFORM BY EMPLOYERS
4.1. Registration and Access
The Employer accesses the Platform by registering a user account. The Employer is responsible for safeguarding its access credentials and maintaining their confidentiality and undertakes to:
- keep access credentials confidential;
- prevent any unauthorised access to the user account; and
- notify Nimatron without delay of any suspected account misuse or unauthorised access.
4.2. Functionality Available to the Employer
Through the Platform, the Employer may:
- create and publish job advertisements;
- propose questionnaires and selection criteria (a questionnaire is published after being approved by the Employer);
- receive and review Candidate applications;
- use tools for the automated analysis, scoring and ranking of applications;
- communicate with Candidates within the recruitment and selection process; and
- manage the recruitment and selection process and related documentation.
4.3. Employer Responsibilities
The Employer is responsible for:
- the content of job advertisements and questionnaires;
- defining selection criteria, including disqualifying criteria and the criteria used for the automated analysis and scoring of Candidates;
- the lawfulness of selection criteria, particularly in relation to anti-discrimination and employment laws;
- compliance with personal data protection laws in its capacity as Controller of Candidates’ personal data;
- decisions made on the basis of applications received and the results of the recruitment and selection process; and
- all activities carried out through the accounts of the Employer and its Employer Employees.
The Employer warrants that it has all authorisations and legal bases required to process Candidates’ personal data through the Platform.
The Employer retains all rights in Candidates’ personal data collected through the Platform as part of its recruitment campaigns and is responsible for the security, confidentiality and lawful use of such data, both within the Platform and after the data has been downloaded from it.
4.4. Prohibited Activities
The Employer undertakes that it will not, and will not enable any third party to:
- publish advertisements that are discriminatory, misleading, false or otherwise contrary to the laws and regulations of the Republic of Croatia;
- request personal data from Candidates that is not relevant to the performance of the specific job;
- share Candidates’ personal data with third parties outside the Platform, except to the extent and in the manner permitted by applicable laws and the Privacy Policy;
- contact Candidates for purposes unrelated to the specific advertised position;
- harass or contact again any Candidates who have requested that communications cease;
- use automated means to access or collect data from the Platform without Nimatron’s prior written approval;
- copy, modify, decompile or create derivative versions of the Platform or any part of it;
- use the Platform in any manner that could compromise its security, integrity or availability to other Users; or
- use the Platform for discriminatory profiling of Candidates.
Nimatron reserves the right, at its sole discretion, to remove an advertisement or suspend or terminate Platform access for an Employer that breaches these Terms, without any entitlement to a refund of fees paid.
5. USE OF THE PLATFORM BY CANDIDATES
5.1. Access to the Platform
Candidates may use the Platform free of charge for the purpose of:
- obtaining information about job advertisements published on the Platform;
- applying for a job advertisement by completing a questionnaire; and
- communicating with the Employer as part of the recruitment and selection process.
The Platform is intended exclusively for persons over the age of 18. By using the Platform, the Candidate confirms that they are at least 18 years old.
5.2. Job Applications and Consent
By applying for a job advertisement, the Candidate consents to the processing of their personal data for the purpose of conducting the recruitment and selection process of the relevant Employer. During the recruitment and selection process, automated analysis and ranking of the application are also used as supporting tools, in each case in accordance with the Privacy Policy.
The Candidate may withdraw their consent at any time, without affecting the lawfulness of processing carried out before the withdrawal, by sending a request to the contact specified in the Privacy Policy.
5.3. Candidate Obligations
The Candidate warrants:
- the accuracy, completeness and truthfulness of all information entered through the questionnaire and the Platform;
- that they will not submit any false, misleading, offensive or unlawful content;
- that they will not submit the personal data of third parties without their consent; and
- that they will use the Platform exclusively for purposes related to seeking employment.
Nimatron does not warrant that a Candidate’s application will result in an invitation to an interview or an offer of employment.
5.4. User Rights
At any time, the User may:
- obtain access to the personal data processed about them;
- request the rectification or erasure of personal data or restriction of its processing;
- request personal data portability;
- withdraw consent previously given;
- object to the processing of personal data, including automated processing; and
- lodge a complaint with a supervisory authority.
Detailed information on Candidates’ rights, how to exercise them and personal data retention periods is set out in the Privacy Policy.
6. AUTOMATED PROCESSING
The Platform uses automated tools, including artificial intelligence-based tools, to structure applications, calculate scores reflecting Candidates’ alignment with the Employer’s criteria, categorise Candidates and generate AI summaries of applications.
The criteria used for automated analysis derive exclusively from the Employer’s instructions contained in the job description and questionnaire. Nimatron does not independently determine the criteria used to assess Candidates.
Automated processing is a supporting tool intended for the Employer and does not constitute automated individual decision-making within the meaning of Article 22 GDPR. The final hiring decision is made by the Employer, with human review and intervention always available.
Detailed information on automated processing is set out in the Privacy Policy.
7. INTELLECTUAL PROPERTY
All intellectual property rights relating to the Platform and associated content, including but not limited to source code, design, logos, graphic elements, text, databases and algorithms, are owned exclusively by Nimatron or its licensors.
Under these Terms, the User is granted a non-exclusive, non-transferable and revocable right to use the Platform solely for the purposes set out in these Terms and the Subscription Agreement (where applicable).
The User may not reproduce, distribute, communicate to the public, modify, translate, adapt or use the content of the Platform beyond the permitted scope without Nimatron’s prior written approval.
Nimatron reserves the right to store and use anonymised and aggregated data collected through the Platform that does not enable an individual User to be identified, solely for the purposes of improving and developing the Platform, improving service quality, statistical analysis and market research. The processing of personal data in its original form for the foregoing purposes is not covered by this provision and is carried out exclusively in the manner and to the extent set out in the Privacy Policy.
8. FEES AND SUBSCRIPTIONS
Prices for standard services are published in the price list on the Platform, and Nimatron provides the Employer with an offer, which the Employer accepts by making payment. For the monthly subscription service, a Subscription Agreement is entered into that sets out the scope of services, subscription duration, fees and method of payment. These Terms, which the Employer accepts when opening a user account, apply to the use of both types of service.
In the event of any conflict between these Terms and the provisions of the Subscription Agreement, the provisions of the Subscription Agreement shall prevail to the extent that they govern the commercial terms of the subscription.
Use of the Platform by Candidates is free of charge.
9. OPERATION OF THE PLATFORM AND LIMITATION OF LIABILITY
Nimatron provides the Platform on an “as is” basis and takes reasonable measures to ensure its availability and security, but does not warrant that the Platform will operate continuously, promptly, securely or without error.
Nimatron shall not be liable for:
- decisions made by the Employer, including hiring decisions and selection criteria;
- the content of advertisements, questionnaires and responses entered into the Platform by an Employer or Candidate;
- the accuracy of information entered into the Platform by Users;
- damage arising from technical difficulties, interruptions, updates or maintenance of the Platform;
- damage arising from unauthorised access to a user account due to the User’s omission or failure; or
- damage arising from force majeure events or circumstances beyond Nimatron’s reasonable control.
To the fullest extent permitted by mandatory law, Nimatron shall not be liable for loss of profit, loss of business opportunities, loss of data, reputational damage, or any indirect, consequential or special damage.
To the fullest extent permitted by mandatory law, Nimatron’s aggregate liability to a User on any basis arising out of or in connection with these Terms and use of the Platform, irrespective of the legal basis of the claim (whether contractual, non-contractual or otherwise), for all harmful events occurring during the twelve (12) months preceding the occurrence of the damage, shall be limited to the greater of:
- the total amount of fees paid by the Employer to Nimatron for use of the Platform during the twelve (12) months preceding the event giving rise to liability; or
- EUR 5,000.00.
In relation to a Candidate who uses the Platform free of charge, only the amount specified in the second bullet point of the preceding paragraph (EUR 5,000.00) shall apply.
The limitations of liability in this Section do not apply to damage caused intentionally or through gross negligence, infringements of personal data protection laws for which liability cannot be limited under the GDPR, or damage for which liability cannot be excluded in advance under mandatory law.
10. PERSONAL DATA PROTECTION
Users’ personal data is processed in accordance with the GDPR, the Croatian Act on the Implementation of the General Data Protection Regulation (Official Gazette No. 42/18) and the Privacy Policy.
In relation to Candidates’ personal data collected through questionnaires, the Employer is the Controller, while Nimatron acts as the Processor pursuant to the provisions governing the processing of personal data on behalf of the Employer set out in Section 11 of these Terms.
In relation to personal data associated with Employer and Employer Employee accounts, technical data concerning use of the Platform, and data collected for business communication and marketing purposes, Nimatron acts as the Controller.
Detailed information about the types of data, purposes of processing, legal bases, retention periods, data recipients, international transfers and Users’ rights is set out in the Privacy Policy.
11. PROCESSING PERSONAL DATA ON BEHALF OF THE EMPLOYER
11.1. Subject Matter and Legal Nature of This Section
This Section constitutes a binding legal act governing processing within the meaning of Article 28(3) GDPR. By accepting these Terms when opening a user account, the Employer enters into this act with Nimatron in electronic form in accordance with Article 28(9) GDPR, and no separate data processing agreement is therefore required. In the event of any conflict between this Section and the other provisions of the Terms, the provisions of this Section shall prevail in matters relating to personal data protection.
11.2. Controller and Processor
In relation to Candidates’ personal data collected through questionnaires, the Employer is the Controller and independently determines the purposes and means of processing, while Nimatron is the Processor and processes such data exclusively on behalf of and in accordance with the Employer’s instructions. At no time does Nimatron determine the purposes for which Candidates’ data is processed or process it for its own purposes outside the scope established by this Section. If, contrary to these Terms, Nimatron independently determines the purposes and means of processing, it shall be deemed the Controller in relation to that processing.
11.3. Subject Matter, Duration, Nature and Purpose of Processing
The subject matter of processing is Candidates’ personal data collected through questionnaires and the Platform. The nature and purpose of processing is to conduct the Employer’s recruitment and selection process through the Platform, including publishing advertisements; receiving and storing applications; conducting automated analysis, scoring and ranking of Candidates as supporting tools; generating application summaries; and communicating with Candidates as part of the recruitment and selection process. The types of personal data and categories of Data Subjects are specified in greater detail in the Privacy Policy.
11.4. Instructions of the Controller
Nimatron processes personal data exclusively on the basis of the Employer’s instructions, except where processing is required by European Union or Member State law to which Nimatron is subject. In such a case, Nimatron shall inform the Employer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest. For the purposes of this Section, the Employer’s instructions comprise these Terms, the Privacy Policy, and the settings, criteria and actions entered or performed by the Employer through its user interface on the Platform. Nimatron shall inform the Employer without delay if it considers that an instruction infringes the GDPR or other European Union or Member State data protection laws, and shall not be required to comply with such an instruction.
11.5. Confidentiality
Nimatron shall ensure that all persons authorised to process Candidates’ personal data, including its employees and contractors, have committed themselves to confidentiality or are subject to an appropriate statutory obligation of confidentiality, and that they are granted access to data only to the extent necessary to perform their duties.
11.6. Security of Processing
Taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of processing, as well as the risks to the rights and freedoms of natural persons, Nimatron shall implement appropriate technical and organisational security measures within the meaning of Article 32 GDPR. These measures include, in particular, data encryption where appropriate; access control based on the principle of least privilege; measures designed to preserve the confidentiality, integrity, availability and resilience of processing systems; regular backups and recovery procedures; and access logging and monitoring. A more detailed description of the measures implemented is set out in the Privacy Policy.
11.7. Sub-processors
The Employer hereby grants Nimatron general written authorisation to engage sub-processors for the purpose of providing services through the Platform. The current list of sub-processors is set out in the Privacy Policy. Nimatron shall inform the Employer in advance of any intended change concerning the addition or replacement of sub-processors, thereby giving the Employer an opportunity to submit a reasoned objection to the change within a reasonable period. If the Employer raises a justified objection that cannot reasonably be resolved, the Employer may discontinue use of the service affected by the change. Nimatron shall enter into an agreement with each sub-processor imposing the same data protection obligations as those set out in this Section, in particular the obligation to provide sufficient guarantees that appropriate technical and organisational measures will be implemented. If a sub-processor fails to fulfil its data protection obligations, Nimatron shall remain fully liable to the Employer for the performance of that sub-processor’s obligations.
11.8. Assistance to the Controller in Relation to Data Subject Rights
Taking into account the nature of the processing, Nimatron shall assist the Employer, insofar as possible through appropriate technical and organisational measures, in fulfilling its obligation to respond to Candidates’ requests to exercise their rights under Chapter III GDPR, including the rights of access, rectification, erasure, restriction of processing, data portability and objection. If a Candidate submits a request to exercise their rights directly to Nimatron, Nimatron shall forward the request to the Employer without undue delay and shall not act on it independently, except on the Employer’s instructions or where Nimatron itself is required to act as Controller.
11.9. Assistance to the Controller with Security, Data Protection Impact Assessments and Prior Consultation
Nimatron shall assist the Employer in ensuring compliance with the obligations under Articles 32 to 36 GDPR, taking into account the nature of processing and the information available to Nimatron. This includes assistance with ensuring the security of processing, notifications of personal data breaches, conducting data protection impact assessments and prior consultation with the supervisory authority where such consultation is required.
11.10. Personal Data Breaches
Nimatron shall notify the Employer without undue delay, as soon as reasonably practicable after becoming aware of any personal data breach relating to Candidates’ data. To the extent possible, the notification shall contain a description of the nature of the breach, the categories and approximate number of affected Candidates, the likely consequences of the breach, and the measures taken or proposed to remedy and mitigate it. At the Employer’s reasonable request, Nimatron shall provide any further assistance required for the Employer to fulfil its own notification obligations towards the supervisory authority and Data Subjects under Articles 33 and 34 GDPR.
11.11. Deletion or Return of Data upon Completion of Processing
Upon termination of services involving the processing of Candidates’ personal data, Nimatron shall, at the Employer’s choice, delete or return all personal data to the Employer and delete existing copies, unless European Union or Member State law requires the storage of personal data. If the Employer does not communicate its choice within a reasonable period, Nimatron may delete the personal data in accordance with the Privacy Policy. The Employer acknowledges that it is responsible for downloading Candidates’ data through the Platform in a timely manner before it stops using the service.
11.12. Demonstrating Compliance and Audits
Nimatron shall make available to the Employer all information necessary to demonstrate compliance with the obligations laid down in Article 28 GDPR and this Section. Nimatron shall allow for and contribute to audits, including inspections, conducted by the Employer or another auditor authorised by the Employer. Audits shall be carried out with reasonable prior notice, during business hours, in a manner that minimises disruption to Nimatron’s ordinary business operations and subject to the confidentiality and security of other Platform users’ data. Nimatron may also respond to a request for information by providing existing documentation, certificates or an independent auditor’s report where this reasonably demonstrates compliance.
11.13. Liability
The liability of the Employer and Nimatron for damage caused by the processing of personal data is governed by Article 82 GDPR. The limitations of liability in these Terms do not apply to liability that cannot be limited or excluded under mandatory personal data protection laws.
12. CHANGES TO THE TERMS
Nimatron reserves the right to amend these Terms at any time. Users will be notified of material changes at least 30 days before they take effect by means of a prominent notice on the Platform and/or by email.
Minor technical or editorial changes may take effect upon publication of a new version of the Terms on the Platform, with the date of the latest revision updated accordingly.
Continued use of the Platform after changes take effect shall constitute acceptance of the amended Terms. If the User does not agree to the changes, they must stop using the Platform before the changes take effect.
13. TERMINATION OF USE
The User may stop using the Platform and request the closure of their user account at any time in accordance with the procedure provided on the Platform and the provisions of the Subscription Agreement (where applicable).
Nimatron may temporarily suspend or permanently terminate Platform access for a User who breaches these Terms, the Subscription Agreement or applicable laws and regulations, subject to prior notice to the User, except where urgent action is necessary to protect the Platform, other Users or third parties.
Provisions of the Terms which by their nature are intended to survive termination of use of the Platform, including in particular provisions relating to intellectual property, limitation of liability, personal data protection and governing law, shall remain in effect after termination.
14. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the Republic of Croatia.
The parties shall endeavour to resolve amicably any dispute arising out of or in connection with these Terms. If an amicable resolution is not possible, the court of competent subject-matter jurisdiction in Zagreb shall have jurisdiction to resolve the dispute.
15. FINAL PROVISIONS
These Terms enter into force on the date they are published on the Platform.
If any provision of these Terms is found to be void, unlawful or unenforceable, that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The void, unlawful or unenforceable provision shall be replaced by a provision that corresponds as closely as possible to the parties’ intention and the purpose of the provision being replaced.
These Terms, together with the Privacy Policy and the Subscription Agreement (where applicable), constitute the entire agreement between Nimatron and the User with respect to their subject matter.
16. CONTACT
For any questions, complaints or notices relating to these Terms, the User may contact:
- Company: Nimatron d.o.o.
- Address: Sprečka ulica 19, Zagreb, Croatia
- Email: privacy@talentq.io
- Website: www.talentq.io
Zagreb, 18 June 2026