HiveRef

Terms of Service

Version 1.1 · Effective date: 2nd April 2026 · Last updated: 15th April 2026

1. About These Terms

These Terms of Service ("Terms") govern your access to and use of the HiveRef platform at hiveref.com, operated by HiveRef Pty Ltd (ACN 697 040 136) ("HiveRef", "we", "us", "our"), a company incorporated in New South Wales, Australia.

By creating an account and completing compliance onboarding, you ("the Client") agree to these Terms on behalf of your organisation. If you do not agree to these Terms, you must not use the platform.

2. The Platform

HiveRef provides an automated reference checking platform that enables hiring organisations to conduct structured employment reference checks. The platform uses AI-assisted processing to help ensure reference check questions and referee responses comply with applicable data protection law. Where a referee separately opts in to future contact, HiveRef records that preference and exposes it to authorised users in the Client's workspace so the Client can manage outreach; the Client remains responsible for the lawfulness of any separate recruiting use.

3. Account Registration and Eligibility

To use HiveRef you must:

  • Be at least 18 years of age
  • Have authority to bind your organisation to these Terms
  • Complete the compliance onboarding process including jurisdiction capture, compliance disclosure acknowledgement, and Terms of Service acceptance
  • Provide accurate and complete information about your organisation

4. Compliance Onboarding

Before initiating any reference check, the Client must complete the HiveRef compliance onboarding sequence, which includes:

  • Providing the Client's operating jurisdiction
  • Acknowledging the compliance scope disclosure
  • Accepting these Terms of Service
  • For EU and UK clients: executing the Data Processing Agreement

The compliance onboarding sequence is a mandatory prerequisite for platform use. HiveRef may suspend or terminate access where compliance onboarding is incomplete or where information provided is inaccurate.

5. AI-Assisted Compliance Scanning

The Client acknowledges and agrees that:

  • HiveRef uses AI to scan employer-created reference check questions for potential data protection compliance issues before they are sent to referees
  • HiveRef uses AI to scan referee responses for content that may constitute special category data or otherwise engage data protection obligations
  • Where potential compliance issues are identified in referee responses, they are flagged in the reference check report with a Data Protection Notice and guidance
  • Flagged content in reports must not be used as a factor in any hiring or employment decision
  • No content is removed from referee responses. The full response is always preserved.
  • No automated hiring decision is made by HiveRef at any time

6. Client Warranty

The Client warrants, represents, and undertakes to HiveRef that:

  • Its use of the HiveRef platform in its jurisdiction complies with all applicable laws, including but not limited to privacy laws, employment laws, and anti-discrimination laws
  • It has the authority and all necessary consents to submit candidate and referee information to the platform
  • It will not use any information flagged with a Data Protection Notice as a factor in any hiring or employment decision
  • It will not use the platform in a manner that discriminates against any individual on the basis of any protected attribute under applicable law
  • It acknowledges that HiveRef operates to a GDPR-aligned global minimum standard and that local compliance obligations in the Client's jurisdiction may exceed this standard
  • It accepts sole responsibility for ensuring that its use of the platform satisfies any additional local legal requirements beyond HiveRef's GDPR baseline

7. Data Processing

Where the Client is subject to GDPR or UK GDPR, the processing of personal data through the platform is governed by the HiveRef Data Processing Agreement available at hiveref.com/dpa, which forms part of these Terms and is incorporated by reference. The Client is the data controller and HiveRef is the data processor.

For all other clients, HiveRef processes personal information in accordance with the Privacy Policy at hiveref.com/privacy and the Australian Privacy Act 1988 (Cth).

8. Prohibited Uses

The Client must not use the platform to:

  • Conduct reference checks for purposes other than employment assessment
  • Ask questions that solicit information about protected attributes including health, disability, age, race, religion, sexual orientation, family responsibilities, or trade union membership
  • Use flagged referee response content as a factor in any hiring or employment decision
  • Attempt to circumvent or disable the AI compliance scanning features
  • Process personal information of individuals who have not provided consent
  • Share platform access credentials with unauthorised users

9. Indemnity

The Client shall indemnify, defend, and hold harmless HiveRef Pty Ltd and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, fines, penalties, and costs (including reasonable legal fees) arising from or related to:

  • The Client's breach of these Terms
  • The Client's breach of applicable local law in connection with its use of the platform
  • The Client's use of flagged content in a hiring or employment decision
  • Any claim by a candidate, referee, or third party arising from the Client's use of the platform
  • Any regulatory investigation or fine arising from the Client's non-compliance with local law

10. Limitation of Liability

To the maximum extent permitted by applicable law:

  • HiveRef's total liability to the Client under or in connection with these Terms shall not exceed the total fees paid by the Client to HiveRef in the three months immediately preceding the event giving rise to the claim
  • HiveRef is not liable for any indirect, consequential, special, incidental, or punitive losses or damages arising from the Client's use of the platform
  • HiveRef is not liable for any regulatory fines, penalties, or enforcement actions arising from the Client's use of the platform in any jurisdiction
  • HiveRef does not warrant that the platform is free from errors, that AI compliance scanning will identify every potential compliance issue, or that use of the platform guarantees compliance with any specific law

Nothing in this clause limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

11. Disclaimer on AI Compliance Scanning

The AI compliance scanning features of HiveRef are designed to assist clients in identifying potential data protection issues. They do not constitute legal advice. HiveRef does not warrant that the scanning will identify every instance of non-compliant content, nor that questions or responses that pass the scan are compliant with all applicable laws in all jurisdictions. The Client remains solely responsible for ensuring its reference checking process complies with applicable law.

12. Intellectual Property

All intellectual property in the HiveRef platform, including software, algorithms, designs, and documentation, is owned by HiveRef Pty Ltd. The Client is granted a limited, non-exclusive, non-transferable licence to use the platform for its internal business purposes during the term of these Terms.

13. Confidentiality

Each party agrees to keep confidential all non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

14. Term and Termination

These Terms commence when the Client completes compliance onboarding and continue until terminated. Either party may terminate by providing 30 days written notice. HiveRef may terminate immediately if the Client breaches these Terms or applicable law.

On termination, the Client's access to the platform will be suspended. Personal data will be retained and deleted in accordance with the retention schedule in the Privacy Policy.

15. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales for any dispute arising under these Terms.

16. Changes to These Terms

HiveRef may update these Terms from time to time. Material changes will be notified to active clients by email or platform notification. Continued use of the platform after the effective date of any update constitutes acceptance of the updated Terms. Where a material update affects the Client's compliance obligations, re-acceptance will be required before platform access is restored.

17. Contact

HiveRef Pty Ltd
ACN: 697 040 136
privacy@hiveref.com
hiveref.com