Legal information

1. Presentation of the site.

According to Article 6 of the French Law No. 2004-575 of 21 June
2004 for “Confiance en l’économie digital”, it is made clear to
users of www.agilitest.com
the identity of the various stakeholders in the context of its
realization and its follow-up:

Owner : CAIPTURE S.A.S – INIZIA – 
Maison du Parc Technologique 20600 BASTIA – France – hereinafter
called “CAIPTURE”.
Publication Manager : Christophe Cressend –
christophe.cressend@agilitest.com
The publication manager is a natural person or a legal person.
Data Protection Officer
Christophe Cressend – christophe.cressend@agilitest.com

Creator & Webmaster : Fourmizz contact@fourmizz.fr

Host : OVH – 2 rue Kellermann – 59100 Roubaix –
France

2. General conditions of use of the site and the services
offered.

The use of the site www.agilitest.com
implies the full and complete acceptance of the general conditions
of use described below. These terms of use may be modified or
supplemented at any time, so users of the www.agilitest.com website
are invited to consult them regularly. This site is normally
accessible to users at all times. However, CAIPTURE may decide
to interrupt the service for technical maintenance purposes, which
will then endeavour to inform users in advance of the dates and
times of the service.

The site www.agilitest.com
is regularly updated by CAIPTURE. Similarly, the legal
notices may be modified at any time: they are nevertheless binding
on the user, who is invited to refer to them as often as possible
in order to read them.

3. Description of the services provided.

The purpose of the site www.agilitest.com
is to provide information concerning all the company’s activities.

CAIPTURE S.A.S. endeavours to provide on the website www.agilitest.com as
accurate information as possible. However, it cannot be held
responsible for omissions, inaccuracies and deficiencies in the
update, whether caused by it or by third party partners who
provide it with this information.

All the information indicated on the site www.agilitest.com is given
for information only, and is subject to change. In addition, the
information on www.agilitest.com is not exhaustive. They are
subject to changes that have been made since they were put online.

4. Contractual limitations on technical data.

The site uses JavaScript technology.

The website cannot be held liable for any material damage related
to the use of the website. In addition, the user of the site
undertakes to access the site using recent, virus-free equipment
and with a state-of-the-art browser.

5 – Intellectual property.

The Publisher is the owner of the Site and all elements of the
Site, whether visual or audio, including the underlying technology;
these elements are protected by the provisions of the Intellectual
Property Code.

5.1. Copyright.

The graphic creations, software, texts, images, drawings,
videos, as well as the graphic charter of the Site are intellectual
works protected by intellectual property rights. The Publisher is
the owner of the rights to these works. Any reproduction in whole or
in part and any communication to the public of the Publisher’s works
reproduced on the Site without the prior written consent of the
latter constitutes counterfeiting and exposes the User to criminal
and civil proceedings. The Publisher authorizes the downloading of a
copy of the information in a temporary storage space for private
consultation purposes only, provided that the User does not delete,
delete, alter or modify the pages or contents.

5.2. Trademark rights.

Trademark rights

The Agilitest brand, as well as all figurative or not figurative
brands and more generally all other brands, illustrations, images
and logos appearing on the Site, are the exclusive property of the
Publisher.

Any total or partial reproduction, modification or use of these
trademarks, for any reason and on any medium whatsoever, without the
prior written authorization of the Publisher, constitutes an
infringement. The same shall apply to any combination or conjunction
with any other trademark, symbol, logo and, more generally, any
distinctive sign intended to form a composite logo. Any unlawful use
of the Publisher’s trademarks exposes the User to criminal and civil
proceedings.

5.3. Databases.

The databases established by the Publisher are protected by the
Intellectual Property Code.

Unless authorized in writing by the Publisher, any reproduction,
representation, adaptation, translation and/or modification, in
whole or in part, or transfer to another site is prohibited.

5.4. Hypertext links.

The User who wishes to place, for professional or personal use, on
his site a simple link referring directly to the Site, must request
the prior written authorization of the Publisher. In any case, any
unauthorized links must be removed at the Publisher’s request.

6. Limitations of liability.

CAIPTURE cannot be held liable for direct or indirect damage caused
to the user’s equipment when accessing the site www.agilitest.com, and
resulting either from the use of equipment that does not meet the
specifications indicated in point 4, or from the appearance of a bug
or an incompatibility.

CAIPTURE S.A.S. cannot also be held liable for indirect damages
(such as loss of market share or loss of opportunity) resulting
from the use of the site www.agilitest.com.

Interactive spaces (possibility to ask questions in the contact
area) are available to users. CAIPTURE S.A.S reserves the right to
delete, without prior notice, any content deposited in this space
that contravenes the legislation applicable in France, in
particular the provisions relating to data protection. If
necessary, CAIPTURE S.A.S also reserves the right to hold the user
liable in civil and/or criminal proceedings, in particular in the
event of a racist, abusive, defamatory or pornographic message,
regardless of the medium used (text, photography, etc.).

7. Management of personal data.

The User is informed of the regulations concerning the marketing
communication, the law n ° 78-87 of January 6th, 1978, the law
Informatique et Liberté n ° 2004-801 of 6 August 2004, article L.
226-13 of the Penal Code and the European Directive of 24 October
1995, the law of June 21, 2014 for confidence in the economy
Digital, as well as the General Data Protection Regulation (GDPR –
EU Regulation n °2016-679).

Databases are protected by the provisions of the Act of 1 July
1998 transposing Directive 96/9 of 11 March 1996 on the legal
protection of databases.

7.1 Person responsible for collecting personal data

For Personal Data collected as part of its navigation on the
Site, the data controller Personal is: Christophe Cressend –
christophe.cressend@agilitest.com
legal representative of
CAIPTURE and the website
www.agilitest.com
.

Acting as the controller of the data he collects, CAIPTURE
undertakes to respect the actual laws. In particular, it is up to
him to inform the Customer the purposes of its data processing, to
provide its prospects and customers, from the collection of their
consents, complete information on the treatment of their personal
data and to maintain a register of conform to reality. Whenever
CAIPTURE processes Personnal Data, CAIPTURE takes all reasonable
steps to ensure the accuracy and appropriateness of the Personal
Data with regard to the purposes for which CAIPTURE use them.

In accordance with the provisions of the French law IT and
freedom (Informatiques et Libertés) No 78-17 of 6 January 1978
relating to data processing, files and freedoms, the automated
processing of Personnal Data from the Site was declared to the
National Commission for Informatics and of liberties “Commission
nationale informatique et libertés” (CNIL) under the number
n°2161873.

7.2 Purpose of collected data

CAIPTURE may process all or part of the data:

  • to carry out communication campaigns (sms, mail): phone
    number, email address

CAIPTURE does not market your personal data that is therefore
only used by necessity or for statistical purposes and analysis.

In any event, CAIPTURE S.A.S. only collects personal information
relating to the user for the purpose of providing certain services
offered by the site www.agilitest.com.
The user provides this information in full knowledge of the facts,
particularly when he/she enters it himself/herself. It is then
specified to the user of the site www.agilitest.com whether
or not it is mandatory to provide this information.

This data is collected and processed in particular for the
purposes of customer management, customer acquisition, loyalty,
development of commercial statistics, order processing, payments
and communication concerning orders, products and services
available and more generally to provide the services offered by
CAIPTURE.

7.3 Data collected

When using the site www.agilitest.com,
may be collected: the URL of the links through which the user
accessed the site www.agilitest.com,
the user’s access provider, the user’s Internet Protocol (IP)
address.

When registering for a free trial of the Agilitest solution, we
collect the following data: name, first name, email, possibly if
the user wished to fill it in: the telephone number and possibly
if the User wished to fill it in him: the registration to a
newsletter about our products.

7.4 Right of access, rectification and opposition

In accordance with the European regulations in force, Users of
www.agilitest.com
have the following rights:

  • right of access (Article 15 GDPR) and rectification (Article
    16 GDPR), of updating, of completeness of the data of the Users
    right lock or erase Personnal Users Data (Article 17 of the
    GDPR), when they are inaccurate, incomplete, equivocal, out of
    date, or whose collection, use, communication or conservation is
    prohibited.
  • Right to withdraw consent at any time (Article 13-2c GDPR).
  • right to the limitation of data processing of Users (Article
    18 GDPR)
  • right to oppose the processing of Users data (Article 21
    GDPR)
  • right to portability of data that Users will have provided
    when these data are processed automated based on their consent
    or on a contract (Article 20 GDPR)
  • right to define the fate of the users’ data after their death
    and to whom CAIPTURE will have to communicate (or not) his data
    to a third party they will have previously designated.

Furthermore, in accordance with the provisions of Articles 38
and following from the French Law 78-17 of 6 January 1978 relating
computers, files and freedom, any user has the right of access,
rectification and opposition to personal data concerning him.

If the user wants to know how CAIPTURE uses its Personal Data,
ask to rectify them or oppose their treatment, the User may
contact CAIPTURE in writing to the following address:

CAIPTURE S.A.S
Christophe Cressend – DPO

INIZIA – Technological Park House
20200 BASTIA

In this case, the User must indicate the Personal Data that he
would like CAIPTURE to correct, update or delete by identifying
with a copy of a piece of identification (identity card or
passport).

Demands for deletion of Personal Data will be subject to the
obligations imposed on CAIPTURE by law, particularly as regards
the preservation or archiving of documents. Finally, Users of
www.agilitest.com may file a complaint to the supervisory
authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).
As soon as CAIPTURE becomes aware of the death of a User and
lack of instructions from him, CAIPTURE undertakes to destroy its
data unless their conservation is necessary for probative measures
or to fulfill a legal obligation.

7.4 Non-disclosure of personal data

No personal information of the user of the site www.agilitest.com is
published without the user’s knowledge, exchanged, transferred,
assigned or sold in any medium to third parties. Only the
hypothesis of the acquisition of CAIPTURE S.A.S and its rights
would allow the transmission of this information to the potential
purchaser, who would in turn be bound by the same obligation to
keep and modify the data with regard to the user of the site www.agilitest.com.

CAIPTURE is prohibited from treating, hosting or transferring
Information collected about its Clients to a country located in
outside the European Union or recognized as inadequate by the
European Commission without informing previously the client.
However, CAIPTURE remains free from choice of its technical and
commercial subcontractors at the provided that they provide
sufficient guarantees with regard to requirements of the General
Data Protection Regulation (GDPR No. 2016-679).

CAIPTURE undertakes all necessary precautions in order to
preserve the security of the Information and in particular that
they are not communicated to people who are not authorized.
However, if an incident affecting the integrity or confidentiality
of the Customer Information is brought to the attention of the
knowledge of CAIPTURE, this one must as soon as possible inform
the Client and inform him of the corrective measures taken. Also
CAIPTURE does not collect any ‘sensitive data’

The Personal Data of the User can be processed by subsidiaries
of CAIPTURE and subcontractors (service providers services),
exclusively in order to achieve the aims of the this policy.

Within the limits of their respective powers and for the
purposes mentioned above, the principal persons likely to have
access to the data of the Users of CAIPTURE are primarily agents
of our customer service.

7.5 Data Retention

The personal data of our users are kept for the duration of the
provision of the services offered on the site and in any case not
later than three years after the last commercial contact between
the prospect/customer and CAIPTURE.

8. Incident Notification

Whatever efforts are made, no internet transmission metho and no
storage electronic method is completely safe. We can therefore not
guarantee absolute security. If we took knowledge of a breach of
security, we would notify affected users so that they can take all
appropriate actions. Our incident reporting procedures take care
of our legal obligations, may they be at a national or European
level. We are committed to fully inform our customers from all
matters relating to the security of their account and provide them
with all the necessary information to help them meet their own
obligations reporting requirements.

Security

To ensure the security and confidentiality of the Personnal
Data, CAIPTURE uses networks protected by standards devices such
as firewall, pseudonymisation, encryption and passwords.

When processing Personal Data, CAIPTURE takes all reasonable
measures to protect them against loss, misuse, unauthorized
access, disclosure, alteration or destruction.

10 – Liability and force majeure.

The Site is accessible free of charge in any place to any User with
Internet access. All costs incurred by the User to access the
service (hardware, software, Internet connection, etc.) are at the
User’s expense. The Site uses all the means at its disposal to
ensure quality access to its services. The obligation being of
means, the site does not commit itself to achieve this result.
Access to the Site’s services may be interrupted, suspended or
modified at any time without notice for maintenance or any other
reason. The Publisher shall not be held liable for such
interruptions, suspensions, modifications and the consequences that
may result from them for him or for any third party. Any event due
to a case of force majeure resulting in a malfunction of the network
or server does not engage the responsibility of the Publisher.

11 – Duration.

> These general conditions are concluded for an indefinite
period. They produce their effects towards the User as from the use
of the service.

12. Applicable law and jurisdiction.

These general conditions are governed by French law. The User’s
failure to comply with any of the provisions of these general terms
and conditions of use and/or any difficulty relating to its
execution, interpretation or validity shall be submitted to the
courts within the jurisdiction of the Court of Appeal of Paris.

12. The main laws concerned.

Law n ° 78-17 of January 6, 1978, notably modified by the law n
° 2004-801 of 6 August 2004 relating to information technology,
files and to freedom.

Law No. 2004-575 of 21 June 2004 on Confidence in the Digital
Economy.

General Regulation on Data Protection (GDPR n ° 2016-679)

Databases are protected by the provisions of the Act of 1 July
1998 transposing Directive 96/9 of 11 March 1996 on the legal
protection of databases.

13. Lexicon.

User : Internet user connecting, physical person able
within the meaning of Articles 1123 and following of the French
Civil Code, or legal person, who visits the Site subject to these
conditions General.

Services and Services : CAIPTURE S.A.S /
www.agilitest.com makes available to Customers and Users:

Content : Set of constituent elements information on
the Site, including text – images – videos.

Customer Information : named “Information (s)” which
correspond to all personal data that may be held by CAIPTURE for
the management of your account, the management of the customer
relationship and for analytical and statistical purposes.

User: Internet user connecting, using the site named
above.

Personal Information: “Information that allow, in any
form whatsoever, directly or indirectly, the identification of the
natural persons to whom they apply “(Article 4 of Law No. 78-17 of
6 January 1978).

The terms “personal data”, “concerned person”, “sub-contractor”
and “sensitive data” are defined by the GDPR (n ° 2016-679).