Terms & Conditions
Updated 7th May 2019
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 : AGILITEST S.A.S - Rte Territoriale 11 - Lieu-dit Ceppe - Bat C1489 - 20620 BIGUGLIA hereafter called AGILITEST.
Publication Manager : Christophe Cressend - christophe dot cressend at agilitest.com The publication manager is a natural person or a legal person.
Data Protection Officer : Christophe Cressend - christophe dot cressend at agilitest.com
Host : Webflow - 84 B Av de Fontainebleau, 94270 Le Kremlin-Bicêtre
2. General conditions of use of the site and the services offered
The site www.agilitest.com is regularly updated by AGILITEST. 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.
AGILITEST 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 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.
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, alter or modify the pages or contents.
5.2 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.
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
AGILITEST 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.
AGILITEST 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. AGILITEST 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, AGILITEST 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 dot cressend at agilitest.com legal representative of AGILITEST and the website www.agilitest.com .
Acting as the controller of the data he collects, AGILITEST 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 AGILITEST processes Personnal Data, AGILITEST takes all reasonable steps to ensure the accuracy and appropriateness of the Personal Data with regard to the purposes for which AGILITEST 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
AGILITEST may process all or part of the data :
- To carry out communication campaigns (sms, mail): phone number, email address
AGILITEST does not market your personal data that is therefore only used by necessity or for statistical purposes and analysis.
In any event, AGILITEST 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 AGILITEST.
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 AGILITEST 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 AGILITEST uses its Personal Data, ask to rectify them or oppose their treatment, the User may contact AGILITEST in writing to the following address :
AGILITEST S.A.S - Christophe Cressend - CEO
Rte Territoriale 11 - Lieu-dit Ceppe - Bat C1489 - 20620 BIGUGLIA
In this case, the User must indicate the Personal Data that he would like AGILITEST 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 AGILITEST 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 AGILITEST becomes aware of the death of a User and lack of instructions from him, AGILITEST 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 AGILITEST 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.
AGILITEST 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, AGILITEST 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 n°2016-679).
AGILITEST 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 AGILITEST, 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 AGILITEST 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 AGILITEST 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 AGILITEST.
8. Incident Notification
Whatever efforts are made, no internet transmission method 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.
To ensure the security and confidentiality of the Personnal Data, AGILITEST uses networks protected by standards devices such as firewall, pseudonymisation, encryption and passwords.
When processing Personal Data, AGILITEST 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.
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 n°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.
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 : AGILITEST / 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 AGILITEST for the management of your account, the management of the customer relationship and for analytical and statistical purposes.
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 n°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).