Privacy policy

Preamble

Effective Date: March 30, 2023

INFINIWAVE LIMITED

77, LOWER CAMDEN STREET,

DUBLIN D02 XE80

Ireland

Registration number 737750 and VAT 4162209VH

Access to the Site and its functionalities requires the collection and processing of Users' personal data. It was therefore necessary to establish a Personal Data Protection Policy in order to comply with the recommendations for use in the processing of personal data, as established by applicable law and regulations.

The Site's Data Protection Policy has been drafted in accordance with the recommendations of the Data Protection Commission (DPC). Its purpose is to inform Site Users about how their personal data is processed and about the commitments and measures we have taken to ensure respect for the personal data of Site Users.

It was established in accordance with the provisions of:

Data Protection Act 2018 ;

The European Union's General Data Protection Regulation of 2018 ;

The Act transposing the European General Data Protection Regulation of 2018.

The version currently published on the Website is the current version of this policy. The Seller reserves the right to modify it at any time to comply with current legal obligations. All 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 concerning this policy may be addressed to the following email address: contact@test4u1.com.

Article 1 – Definitions

1.1 Technical terms related to personal data protection

On our Site, the terms below have the meaning attributed to them under the General Data Protection Regulation (Article 4):

Consent: of the data subject, any freely given, 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 agreement to the processing of personal data relating to him or her“ ;

Controller: “a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing" ; when the purposes and means of such processing are determined by Union law or the law of a Member State, the controller may be designated, or the specific criteria for its designation may be laid down, by Union law or by the law of a Member State”; ;

Subcontractor: “a 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 personal data or sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, reconciliation or interconnection, restriction, erasure or destruction” ;

Personal data breach: “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.”.

1.2 Other terms used in this document

“Client”: as defined in the introductory provisions of the Consumer Rights Act 2022, a person acting for purposes which are mainly or wholly outside of their trade, business, craft, or profession ;

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

“User” means any natural person using our Site and accessing its content.

ARTICLE 2 – What is personal data?

Personal data refers to any information that allows a natural person to be identified directly or indirectly (first name, last name, email address, phone number, postal address, etc.).

Thus, the GDPR defines personal data as follows: “any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”)" ; “Identifiable natural person” means 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 factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

ARTICLE 3 – Minors' Data

In accordance with 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 fifteen (15) years of age are invited to obtain the agreement of a legal representative – required by the Seller – for their personal data to be collected and for them to be able to use the Site's services.

The Seller shall not be liable in the event that a user provides personal data concerning a minor under the age of fifteen (15).

ARTICLE 4 – Collection of Personal Data

We are collecting your consent.

When browsing the Site, the User must, on several occasions, provide certain personal data (for the purposes indicated in article 5). By providing his or her data, the User consents to the collection and processing of personal data provided by the Vendor for the sole purpose of

detailed requirements in Article 5 of the Policy. This consent, along with other grounds, serves as the legal basis for processing the collected data.

The Seller collects and processes only the data strictly necessary for the purposes for which they are processed. We commit to 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 feature of the Site, requiring the collection and processing of data, we commit to re-obtaining the Users' consent before offering the new service in question.

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

Article 5 – Purposes of processing

We collect User data solely for the following processing purposes:

5.1 Account Creation (Optional)

Customers can create an account on the Site. To do so, they must provide the following information: last name, first name, email address.

The customer's data is used for the following purposes:

– Validate account creation ;

– Create your customer account ;

– Communicate with the client ;

Follow up after the sale.

The legal basis is the performance of a contract, due to the placement of an order, which accepts these terms.

5.2 Place the order

To place an order on the Site, customers must provide the following information: last name, first name, email address, and billing address.

User data and communication data are used only for the following purposes:

– Validate the customer order ;

Process the client's order ;

– Provide the services covered by the order ;

– Provide after-sales service.

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

The legal basis is the performance of a contract, due to the placement of an order, which accepts these terms.

5.3 Payment for Services

Payment for orders through the Site is made through our payment provider STRIPE, which acts as the controller of the customer's payment data. The Seller does not have access to customer payment data.

5.4 Subscription

By placing an order on the Site, the customer automatically benefits from a subscription to the Seller's subscription service (see the General Terms and Conditions). If the customer has not canceled their subscription after 24 hours, it is automatically extended for a period of one month, renewable by tacit agreement.

The data used to conclude the subscription are the data provided by the customer when placing the order and are used for the following purposes:

Provide subscription services ;

- Manage subscription (billing, termination, renewal) ;

Provide after-sales service.

5.5 Contact Form

A contact form is available on the Site. To respond to his request, the User must provide his first name, last name, email address, and phone number.

User data and communication data are used only for the following purposes:

– Process the User's request ;

– Respond to the User's request.

The legal basis is the User's consent.

5.6 Analyze

While browsing the Site, the User may be prompted to enter their personal connection data (cookies, trackers).

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

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 legal basis is the answer to a legal obligation.

ARTICLE 6 – Data Retention Period

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

The shelf lives are as follows:

– User identity data who is not a client (last name, first name): it is deleted or anonymized three (3) years after the User's last contact, unless the latter has previously exercised a right (under GDPR) leading to the deletion of their data ;

User communication data not qualifying as a client (email address, phone number, postal address): this data will be deleted or anonymized three (3) years after the User's last contact, unless the User has previously exercised a right (under GDPR) leading to the deletion of their data. ;

- Data relating to customers who have placed an order: this is deleted five (5) years after the end of the commercial relationship with the customer, unless the customer has previously exercised a right (pursuant to the RGPD) that has led to the deletion of their data ;

– Connection data: they are kept, in accordance with the cookie policy, for a maximum period of 13 months (unless otherwise indicated in Article 13).

In establishing our data processing policy, we have created a reference grid for data retention periods, developed based on recommendations from the Data Protection Commission.

Furthermore, the Seller may retain certain personal data to comply with its legal or regulatory obligations, to enable users to exercise their rights, or for purposes

statistics. At the end of the personal data retention period, it will be deleted or anonymized.

ARTICLE 7 – Data Access

Data collected via the Site is intended exclusively for the following recipients.

7.1 Website Hosting

The Site is hosted by Scaleway, 8 rue de la Ville l’Evêque, 75008 Paris.

The service provider has access to the data within the scope of its respective responsibilities for hosting the Site. It has limited access to User data for the purpose of providing its services and is contractually obligated to use it in accordance with the provisions of applicable personal data protection regulations.

For more information, see the Scaleway policy.

7.2 Third-party providers

The Site and the Seller rely on certain third-party services to provide specific functionalities. These third parties have limited access to User data in order to perform these services and are contractually obligated to use it in accordance with the provisions of applicable personal data protection regulations.

Payment processing for orders on the Site is handled by Stripe.

Statistical data from Users (cookies) are used to improve the user experience and enable the enhancement of the Site's functionalities. Users are invited to refer to the site's cookie policy.

7.3 Legal Obligations

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

The Seller is prohibited from processing, hosting, or transferring information collected about its users to any country outside the European Union or recognized as “inadequate” by the European Commission without first informing the data owner and obtaining their consent.

ARTICLE 8 – Data Protection

The Vendor has taken all necessary and useful precautions, taking into account the state of the art in the field, to protect your information in a secure environment in order to avoid any destruction, loss, alteration, distribution or unauthorized access. However hard we try, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether of a national or European nature.

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

The Seller does not resell or outsource any of the User's data.

ARTICLE 9 – Rights of Persons

In accordance with the legal provisions of the Data Protection Act 2018 and the General Data Protection Regulation, users of the Site have the following rights:

9.1 Right of access, rectification, and deletion

The User may read, update, modify, or request the deletion of their personal data by sending an email to the personal data controller, specifying the purpose of the request to the following email address: contact@test4u1.com.

9.2 Right to data portability

The User has the right to request the portability of their personal data, held by the Site or by the Seller, to another site, by making a request for 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 or to object to the processing of their data by the Seller, without the Seller being able to refuse, unless they demonstrate the existence of legitimate and compelling grounds that may take precedence over the User's interests, rights, and freedoms.

The User must submit a request to restrict the processing of their personal data to the data controller 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 subject to a decision based solely on automated processing if the 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 organize what should happen to their data collection and processing upon their death in accordance with the Data Protection Act 2018.

ARTICLE 10 - Exercise of rights

10.1 How to exercise rights?

To exercise one of your rights, you simply need to:

- Write a letter to the Seller, addressed to their head office ;

– Or write an email to the following address: contact@test4u1.com.

By providing your last name, first name, address, and attaching an ID.

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

Requests will be processed within one month, unless there is a compelling reason presented and justified by the Seller to extend the period.

10.2 Appeals to the Commission

Data Protection

If the data controller refuses to respond to the User's request, and the User is not satisfied, they have the right to lodge a complaint (online or by mail) with the Irish Data Protection Commission (DPC), the data protection supervisory authority of the Member State where the Seller is located.

ARTICLE 11 – Data Confidentiality

The Seller undertakes to take the technical and organizational measures necessary to ensure a level of security appropriate to the risk of personal data processing. However, as the internet is an open system, the Seller cannot guarantee the absolute security of information transmitted on the Site. Users are invited to report any incident likely to prejudice their interests.

When collecting and processing data, the Seller undertakes to take appropriate measures to protect your information from unauthorized access, disclosure, alteration, or destruction. Furthermore, the Seller ensures that third-party service providers also comply with these provisions.

ARTICLE 12 – Cookies

When browsing the Site, cookies are placed on the User's computer, mobile, or tablet.

12.1 Cookie Deactivation

The User may disable cookies at any time. Disabling cookies may result in the loss of certain Website functionalities. The User can have their computer warn them each time a cookie is sent, or they can choose to disable all cookies. To do this, the User must change their browser settings. To find out how cookies are managed in their browser, they should consult their browser's help menu. However, it is possible that a number of Website features may not function correctly if cookies are disabled in their browser.

12.2 Purposes of Cookies

The cookies used on the Site allow us to recognize the User's browser each time they connect, in order to provide a quality user experience and monitor the Site's performance. Cookies are also used to monitor Site traffic and improve its performance. Finally, sharing cookies (social networks) are placed by the Seller.

12.3 Third-party cookies

The collection and processing of information related to the use of these social networks are subject to the privacy policies of the third parties in question. The User may accept or refuse these cookies. We use Google Analytics to collect information about the Site's usage. Google Analytics cookies have a maximum lifespan of thirteen (13) months.

ARTICLE 13 – Conditions for Modification of the Privacy Policy

This data protection policy can be consulted at any time on the Website.

The data controller reserves the right to modify it to ensure compliance with applicable law. The User will be informed of any changes by the Seller, by all reasonable means, as soon as possible, within a reasonable time before the new policy comes into effect. In case of disagreement with the new data protection policy, the User may delete their account. The User acknowledges that there is no recourse in the event of refusal of the new data protection policy.

This data protection policy has been developed in accordance with the recommendations of the General Data Protection Regulation. It is effective as of March 30, 2023.

ARTICLE 14 – Consent

By using the Site, the User consents to the collection and processing of their personal data by the Seller under the conditions and for the purposes described in this data protection policy.

The English-language version of this data protection policy is binding. It takes precedence over the French version.