Personal Data Protection Policy

Entry into force: 30 March 2023

INFINIWAVE LIMITED

77, LOWER CAMDEN STREET,

DUBLIN D02 XE80

Ireland

Registration number 737750 and VAT. 4162209VH

Access to the Site and its features requires the collection and processing of Users’ personal data. It was therefore necessary to establish a personal Data Protection Policy to comply with the recommendations for use in the processing of personal data as established by the applicable law and regulation.

The Site's Data Protection Policy has been established in accordance with the recommendations of the Data Protection Commission (DPC). Its purpose is to inform Site Users of how their personal data is processed and of the commitments and measures we have taken to ensure that the personal data of Site Users is respected.
It has been established in accordance with the provision of:

The Data Protection Act 2018;

The European Union Regulation on Personal Data, 2018

The Law of Transposition of the European Regulation on the Protection of Personal Data, 2018.

The version currently posted on the Site is the current version of this policy. The Seller reserves the right to modify it at any time in order to comply with the legal obligations in force. Any changes to the Privacy Policy will be communicated to Users in order to obtain their consent to the new policy.

By browsing our Site, the User acknowledges having read, understood and accepted this data protection policy. Any questions relating to this policy can be sent to the following address: contact@test4u1.com.

1.1 Technical terms relating to the protection of personal data

On our Site, the terms below have the meaning attributed to them within the meaning of GDPR (Article 4);

Consent of the data subject, any free, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies his or her agreement to personal data relating to him or her being processed;

Controller “the natural or legal person, public authority, service or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union law or the law of a Member State, the controller or the specific criteria for the designation of the controller may be provided for by Union law or by the law of a Member State‘.;

Processor “the natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller”;

Processing: “any operation or set of operations, whether or not carried out using automated processes, and applied to data or sets of personal data, such as collection, recording, organisation, structuring, storage, adaptation or modification, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of making available, alignment or combination, restriction, erasure or destruction”;

Personal Data Breach: “a security breach resulting in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of personal data transmitted, stored or otherwise processed, or unauthorised access to such data”

1.2 Other terms used herein

“Customer designated in accordance with the provisions of the introductory article of the Consumer Rights Act 2022, an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;

“Site means the Site https://test4u1.com/ operated by the Seller and made available to the User;

“User refers to any individual using our Site and having access to its content.

Personal data means any information that can directly or indirectly identify a natural person (surname, first name, email, telephone number, postal address, etc.).

As such, the GDPR defines personal data as: “any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an “identifiable natural person” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to his physical, physiological, genetic, psychic, economic, cultural or social identity”.

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the Data Protection Act, only minors aged 15 or over can consent to the processing of their personal data.

Users under the age of fifteen (15) are invited to seek the agreement of a legal representative – required by the Seller – so that their personal data can be collected and to be able to use the services of the Site.

The Seller's liability cannot be sought in the event of any user providing personal data concerning a minor under the age of fifteen (15).

We collect your consent.

By browsing the Site, the User will, on several occasions, be required to provide some of their personal data (for the purposes indicated in Article 5).
By providing their data, the User therefore consents to the collection and processing of the personal data provided by the Seller for the exclusive purposes as detailed in article 5 of the Policy. This consent, together with other grounds, serves as the legal basis for the processing of the data collected.

The Seller collects and processes data strictly necessary for the purposes for which it is processed. We undertake with our Users not to process data for purposes other than those mentioned below. If we were to offer a new service on the Site, or any other functionality of the Site, requiring the collection and processing of data, we undertake to collect the consent of the Users once again before offering the new service in question.

Whenever the Site processes personal data, the Seller takes all reasonable measures to ensure the accuracy and relevance of the personal data with regard to the purposes for which they are processed.

We collect User data only for the following processing purposes:

5.1 Account creation (optional)

Customers can create an account on the Site. To do this, they must provide the following details: surname, first name, email address.
Customer data is used for the purposes of:

– Validate the creation of his account;
– Create your customer account;
– Communicate with the customer;
– Ensure after-sales follow-up.

The legal basis for this is the execution of a Contract, arising from the placing of an order, which constitutes acceptance of these provisions.

5.2 Placing the order

For the purpose of placing an order on the Site, Customers must provide the following information: surname, first name, email and billing address.

User data and communication data shall be used solely for the purposes of:

Confirm the customer's order.;
– Process the customer's order;
– Provide the services covered by the order;
– Provide after-sales service.

The Customer is also informed that by placing an order, they will receive transactional communications from the Seller (invoices, password changes, results of personality tests). They can unsubscribe at any time by using the functionalities provided for this purpose in the communication emails sent by the Seller.

The legal basis is the execution of a contract due to the placing of an order, with the latter accepting these provisions.

5.3 Payment for services

Payment for orders via the Site is made through our payment provider STRIPE, who acts as the controller of Customer payment data. The Seller does not have access to Customer payment data.

5.4 Subscription

By placing an order on the Website, the Customer automatically benefits from a Subscription to the Seller’s Subscription (see the GCS). If the Customer has not terminated their subscription after 24 hours, it is automatically extended for a period of one month, renewable by tacit agreement.

The data used for the conclusion of the subscription are the data provided by the Customer at the time of placing the order and are used for the purposes of:

– Offer subscription services;
– Manage subscription membership (billing, cancellation, renewal);
– Provide after-sales service.

5.5 Contact form

A contact form is available on the Site. To respond to their request, the User must provide their surname, first name, email address, and telephone number.
User data and communication data shall be used solely for the purposes of:

– Process the user's request;
Respond to the User’s request.
The legal basis is user consent.

5.6 Analysis 

By browsing the Site, the User may be required to enter their personal connection data (cookies, tracers).

Connection data and browsing information are used solely for the purposes of statistical studies (analysis of site traffic and user experience) and other purposes mentioned in the cookie policy.

The processing is necessary for the purposes of the legitimate interests pursued by the Seller, in particular to offer Users a smooth and improved browsing experience.

The connection data is also used to prevent and combat any computer fraud.

The legal basis is the response to a legal obligation.

We do not exceed the legal data retention periods, and User data is only kept for the time necessary to fulfil the purposes for which it was collected.

The retention periods are as follows:

– Data relating to the identity of the User not having the quality of customer (surname, first name): they are deleted or anonymised three (3) years after the last contact from the User unless the latter has previously exercised a right (in application of the GDPR) having led to the deletion of his data;

- Communication data of the User not having the status of customer (email, telephone number, postal address): these are deleted or anonymised three (3) years after the last contact from the User unless the latter has previously exercised a right (in application of the GDPR) which has led to the deletion of his data;

– Data relating to customers who have placed an order: these will be deleted five (5) years after the end of the commercial relationship with the customer, unless the latter has previously exercised a right (in application of the GDPR) which has led to the deletion of their data; ;

– Connection data: they are retained, in accordance with the Cookies Policy, for a maximum of 13 months (except as stated in Article 13).

In establishing our data processing policy, we have set up a reference grid for the duration of data retention, developed thanks to the recommendations of the Data Protection Commission.

Furthermore, the Seller may retain certain personal data in order to fulfil its legal or regulatory obligations, to allow users to exercise their rights, or for statistical purposes. At the end of the retention period for personal data, it will be deleted or anonymised.

The data collected via the Site is intended exclusively for the following recipients.

7.1 Hosting of the Site

The site is hosted by Scaleway , 8 rue de la Ville l’Evêque, 75008 Paris https://www.scaleway.com/

The host has access to the data within the limits of its respective responsibilities, for the hosting of the Site. It has limited access to User data, within the framework of the performance of these services and has a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data.

For more information, see Scalaway ‘s policy. .

7.2 Third-party providers

The Site and the Seller rely on certain third-party services to provide certain functionalities. The latter have limited access to User data, as part of the performance of these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data.

Payment management for orders on the Site is provided by Stripe.

User statistics data (cookies) are used to improve the user experience and allow the improvement of the Site’s functionalities. The user is invited to refer to the site’s cookies policy.

7.3 Legal obligations

The data may also be transmitted by the Seller to third parties and competent authorities to meet legal, judicial, tax or regulatory obligations. The Seller guarantees Users that no transfer of personal
data will be made to an unauthorised third party without the prior, voluntary, informed, express and written consent of the User.

The Seller is prohibited from processing, hosting or transferring the Information collected on its users to a country located outside the European Union or recognised as “unsuitable” by the European Commission without first informing the data owner and obtaining their agreement.

The Seller has taken all useful and necessary precautions, in accordance with the state of the art in the field, to protect your information in a secure environment to prevent any destruction, loss, alteration, disclosure or unauthorised access. No matter how hard you try, no method of transmission over the Internet, and no method of electronic storage, is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level.

In the event that the integrity and confidentiality of your data are compromised, the controller undertakes to comply with the procedures put in place under the Data Protection Act 2018 and the European General Data Protection Regulation (“GDPR”).

The Seller does not carry out any resale or outsourcing of User data.

With regards to the legal provision of the Data Protection Act 2018 and the European Data Protection Regulation, Users of the Site have the following rights:

9.1 Right of access, rectification and right to erasure

The user may read, update, modify or request the deletion of any data concerning them by sending an email to the person responsible for processing personal data, specifying the subject of their request to the following email address: contact@test4u1.com .

9.2 Right to portability

The User has the right to request the portability of their personal data, held by the Site or the Seller, to another site, by making a request for the portability of their personal data to the data controller, by sending an email to the address provided above.

9.3 Right to restrict and object to data processing

The User has the right to request the limitation of or to object to the processing of their data by the Seller, without the latter being able to refuse, except to demonstrate the existence of legitimate and compelling reasons which may prevail over the interests, rights, and freedoms of the user.

The User must request the data controller to limit the processing of their personal data by sending an email to the address provided above.

9.4 Right not to be subject to a decision based solely on automated processing  

In accordance with the provisions of Regulation 2016/679, the User has the right not to be the subject of a decision based exclusively on an automated process if that decision produces legal effects concerning them, or significantly affects them in a similar way.

9.5 Right to determine the fate of data

The User is reminded that they can organise what should happen to their data collection and processing in the event of their death, in accordance with the Data Protection Act 2018.

10.1 How to exercise the rights?

To exercise one of your rights, all you need to do is:

• To write a letter to the Seller, at the address of its head office;
• Or write an email to the following address: contact@test4u1.com .

By indicating your surname, first name, address and attaching proof of identity.

The data controller is Mr Carlo Ela contact@test4u1.com . 

Requests will be processed within one month, unless there is a compelling reason put forward and justified by the Seller justifying an extension of the period.

10.2 Referral to Data Protection Commission

If the Seller does not satisfy the User’s request, the latter is entitled to contact the Data Protection Commission on https://www.dataprotection.ie/.

11.1 What is a Cookie?

The User is informed that a Cookie is a small file deposited on the terminal of any User (computer, tablet or mobile device), by our Site, during its consultation. It does not contain any personal information, but makes it possible to make the link between the User’s device and their preferences for use and experience on our Site (e.g. location, language, character size).

11.2 User Consent

For the use of “Cookie” files involving the saving and analysis of personal data, the User’s consent will always be requested. This consent will be valid for a period of thirteen (13) months, with some exceptions (see table Art.13), after which new authorisation will be requested from the User.

In accordance with the deliberation of S.I. No. 336/2011 – European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations
2011, the Seller informs Users of the Site that Cookies record certain information which is stored in the memory of their hard disk. This information is used to generate Site audience statistics and to offer services according to the information they have already selected during their previous visits.

An alert message, in the form of a banner, asks each user visiting the Site, beforehand, if they wish to accept cookies. To guarantee the free, informed, and unequivocal consent of the user visiting the Site, the banner will not disappear until they have continued their navigation and configured their choices.

Without the User's prior consent, cookies will not be deposited or read.

If anyone visiting the Site (either the homepage or directly on another page of the Site, for example, from a search engine) does not continue browsing: a simple lack of action cannot be considered a manifestation of will;

Or if he clicks on the link present in the banner allowing him to configure cookies and, if necessary, refuses the deposit of cookies.
We use and collect cookies for the purposes of:

– To process statistics and information on traffic on our site and to optimise it as best as possible;
– To offer our users a seamless browsing experience by adapting the presentation of our Site to the display preferences of the user’s device;
– To memorise information provided on the Site by the User.

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All Users may object to the registration of “Cookies” by configuring the browser software as follows:

– Open a private browsing window;
– Configuration of cookies via the “Cookies” Widget available on the home page of our Site;
– Configuring the computer so that a message appears asking you to accept, personalise or refuse cookies on each site or systematically;

Or any other means available to the User.

At any time, the User can choose to express and modify their wishes regarding Cookies. The Seller disclaims all responsibility for the consequences related to the operation of the Site and any services offered resulting from:

– The User's refusal of cookies;
– And/or the impossibility for the site to save or consult the Cookies necessary for their operation due to the User's choice.

The user can configure their navigation software to set their preferences regarding the use of cookies:

• For Microsoft Edge ^TM  : https://support.microsoft.com/en-us/microsoft-edge
• For Safari™ ^: http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html
• For ^Chrome™  : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
• For Firefox ^TM  : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
• For ^OperaTM: http://help.opera.com/Windows/10.20/fr/cookies.html

The User can also configure their browser to accept or refuse Cookies on a case-by-case basis before they are installed, or to delete Cookies from their terminal. The User is informed that by setting their browser to refuse cookies, certain features of our Site may not be accessible and the Seller or host cannot be held liable in this regard.

The Seller reserves the right to amend this Policy at any time. If an amendment is made to this Policy, the new version will be posted immediately on the Site. If the User does not agree with the terms of the new version of the Policy, they may cease to use the Services of the Site and no longer browse the latter.

By browsing the Site, the User certifies that they have read and understood this privacy policy and accept its conditions, with particular regard to the collection and processing of their personal data, as well as the use of “Cookies“.