Terms & Conditions – Privacy Policy

General Conditions of Use – Privacy Policy
Last updated: Monday, May 20th 2019

1. Contractual relationship & Object
These terms of use (the “Terms”) govern the use by the User from any country of the website TESTPASS, its content and Services (the “Services”) made available by the company NEOLINE SAS, the share capital of 40,000 euros, registered with the RCS Paris under number 821 894 573 and whose registered office is located at 83 B rue de l’abbé Groult – 75015 PARIS (FRANCE), hereinafter referred to as “NEOLINE”. By accessing and using the Services, the User agrees to be bound by these TOS which establish a contractual relationship between him and NEOLINE. If the User does not accept these Terms, he will not be able to access or use the Services. Additional provisions may apply to certain Services, including rules specific to a particular event or activity or special promotion, and such additional provisions will be communicated to the User as part of the Services concerned. For the purposes of the Services concerned, the additional provisions are in addition to the TOS, of which they must be deemed to be part of them. Additional provisions will prevail over these Terms in the event of any inconsistency in the relevant Services.

2. The Services
The Services consist, via the website www.testpass.fr, in the presentation and the provision of demonstration (“Demo”) and control of a software solution allowing companies to effectively manage the testing activities of equipment to destination of the general public and the sharing of material between services. Unless otherwise agreed by NEOLINE in a separate written agreement with the User, the Services are available to you for personal, non-commercial use only. The Site is normally accessible to Users at any time. An interruption due to technical maintenance may however be decided by NEOLINE. The Website is updated regularly by NEOLINE. NEOLINE reserves the right to modify these Terms of Use at any time by publishing a new version on the Site. The applicable TOS are then those in force on the date of the User’s visit. By continuing to access or use the Services after such posting, the User consents to be bound by the TOU as modified.

3. Definitions

The following terms must be understood in the sense defined below:
– Site: means the website accessible at the following URL: www.testpass.fr;
– Demo: trial platform of the solution, accessible to customers / organizers and prospects;
– Solution: refers to the Testpass Solution, a 100% digital SaaS solution that simplifies the aspects of the test: organization, recruitment and user management, organization of test sessions, management of the loan pool, quantified returns on each step, conversion assistance on sale… ;
– Services: includes the website www.testpass.fr, its content and services;
– User: means the person who accesses the Services through the Site;
– Client or the Organizer: means the legal person or the natural person, co-contracting of NEOLINE, intervening in the framework of his professional, commercial, industrial, artisanal or liberal activity;
– Documentation: means any written or other information, whether on paper, electronic or magnetic media, provided by NEOLINE to the User or conversely in relation to the Solution and all updated, modified versions of these information;
– Contract: includes the order form and the General Conditions of Sale to which the Client or the Organizer has subscribed for the use of the Solution;
– Personal data: refers to personal data within the meaning of Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR) Directive 95/46 / EC and Law No. 78-17 of 6 January 1978 called Informatique et Libertés, or any other applicable regulation, transmitted by the User, that NEOLINE collects via the various sections of the Site and in particular the form on the “Ask a Demo” website;
– Customer Data: refers to the information (including personal data within the meaning of Law No. 78-17 of January 6, 1978) for which the Customer is responsible for seizing, providing, transmitting and processing in connection with its use of the Solution.

4. Intellectual Property
NEOLINE hereby grants to the User the non-exclusive, nontransferable, non-transferable right, including sublicense and limited access to the Services and to use them solely for the purpose of (a) browsing the Services, performing research, view, register to obtain a Demo to the extent permitted by all applicable local, state, provincial and national laws and regulations. Notwithstanding the foregoing, the User may not, authorize anyone, directly or indirectly: (A) to copy, modify, reproduce, translate, locate, transfer or in any way create products derived from any part of the Services; (B) disassemble, decompile or in any way attempt to discover the source code or the structure, sequence or organization, in whole or in part of the Services; (C) renting, assigning, reselling, distributing or otherwise using the Services or for any other commercial purpose not contemplated in this clause or otherwise exploiting the Services in any manner that is unauthorized or unintentional; (D) delete or modify the notices incorporated into the Services; (E) undertake any activity that interferes with or harms the Services. All rights not expressly granted in this paragraph are reserved.

5. The functioning of NEOLINE and the website www.testpass.fr
NEOLINE is not the organizer or the owner of listed events available for sale or open for registration on the Services and in particular in the Solution. NEOLINE provides Services, which allow Organizers to list and promote their events, but all sales are done by the specific Organizer. The sole obligation of the Organizer is to ensure that any event page posted on the Services, and that the nature and conduct of any corresponding event, comply with all local, state, provincial, national, or other regulations. , and law, and that the goods and services described on all pages of published events are delivered in a satisfactory manner. The User, through the Site will have the possibility to order a Demo Solution that will allow him to “try it” before a possible order. In the event that the test proves conclusive, the User will then have the possibility to conclude a Contract (including a purchase order and general conditions of sale) with NEOLINE for NEOLINE to provide the Solution under the conditions defined in Contract. The Site www.testpass.fr is only the showcase allowing Users to become acquainted with the Services marketed by NEOLINE and to order a Demo. It does not allow the User to register for events, test sessions, etc.

6.Creation of account
6.1 Information
As part of the registration process in the “request a demo”, the user creates an account, and adds information about his account: name, surname, company, email, additional information. In this context, the User agrees to: (a) provide truthful, accurate, current and complete information or use the Services on behalf of an entity, about the entity, and (b) retain and promptly update the Registration Information to keep it true, accurate, current and complete. In the event of a dispute between two or more parties concerning the ownership of an account, the User accepts that NEOLINE is the sole arbitrator assigned to the dispute in its sole discretion and that the decision of NEOLINE, which may result in the termination or suspension accounts in dispute, is final and binding on all parties involved.

6.2 Security
The User is responsible for maintaining the confidentiality of his account details, and is fully responsible for all activities that occur on his account, including, but not limited to, all actions of sub-users registered on his account. account. The User agrees to immediately notify NEOLINE of any unauthorized use of his account and any other breach of security.

6.3 Restrictions on age
The User must be at least eighteen (18) years of age, or have reached the legal age of majority in the jurisdiction where he resides if he is superior, to use the Services. Otherwise, the Minor User may only use the Services in the presence of a parent or legal guardian. Under no circumstances will the User use the Services if he is less than thirteen (13) years old.

7. Contents
7.1 Content of the Site
All texts, illustrations and images as well as the general structure, software, and all other elements of the Site and its services accessible at the following URL: www.testpass.fr are protected by copyright . Access to the service and the right of use granted to the User do not entail any transfer of rights of any kind for the benefit of the User. The content of the Site can not in any way be the object, even partially, of any reproduction, representation, loan, exchange or transfer, of any total or partial extraction of data and / or transfer to another medium. In accordance with the provisions of the Code of Intellectual Property, access to the service therefore confers a license, non-exclusive and non-transferable to third parties to represent the web pages and / or to reproduce these pages on paper for use strictly private of each End User. Reproduction and storage are limited to single copies of a reasonable number (“FAIR USE”). Such use must be in accordance with international copyright law. The User acknowledges that all content including but not limited to information, data, text, formatting, graphics, images and other content (collectively, “Content”), whether Content on or issued by the Services or otherwise made available by NEOLINE in connection with the Services (collectively, “Site Content”) is protected by copyright, trademark, trade secret or other proprietary rights and rights intellectual. NEOLINE may own the Site Content or certain portions of the Site Content may be entrusted to NEOLINE because of agreements with third parties. The compilation of all Site Content included in or made available on the Services are the exclusive property of NEOLINE. Unless expressly authorized by NEOLINE in writing or in connection with the use of the Services concerned, the User agrees not to sell, assign, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly execute, publish, adapt publish or create works derived from any Content on the Site, or to publish Site Content on other websites or on a networked environment for any reason whatsoever. The User agrees to use the Site Content only for purposes permitted by these TOS and any applicable local or foreign laws and regulations. All rights not expressly granted herein are reserved.

7.2 User Content
The User acknowledges and accepts that if he contributes, provides or makes available content for the Services (“the User Content”), he hereby grants to NEOLINE the non-exclusive, worldwide, perpetual right and authorization, irrevocable, royalty-free, transferable, assignable by license (to multiple parties) to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and produce derivative works derived from the User Content, on all known media, for use in the operation of the services (including for commercial and promotional purposes for NEOLINE). The User declares and guarantees that he has all the moral rights to use the name he submits with the User Content, if applicable. Notwithstanding the foregoing, NEOLINE does not claim, and the User does not transfer, any right of ownership in the User Content and nothing in these Terms and Conditions restricts any right that the User has to use and exploit the User Content. outside the Services. The User represents and warrants that he has all the rights, powers and authority necessary to grant this license, and that all User Content (a) does not infringe, infringe, or hijack and does not in any way conflict with the rights of any third party, and (b) comply with all applicable local, state, provincial, and national laws, rules and regulations; and (c) does not violate the Terms of Service, including but not limited to, these TOS including the Privacy Policy. NEOLINE reserves the right to remove any portion of the User Content from the Services at any time, if NEOLINE considers, in its sole discretion, that it does not comply with the Terms of Service, including but not limited to , these Terms of Use.

7.3 Remarks and revisions
The User hereby acknowledges that (a) suggestions for corrections, changes and modifications of the Services and other remarks (including, without limitation, any quotation from oral or written remarks), information and reports provided by ‘User to NEOLINE (collectively, the “Remarks”), and (b) improvements, updates, modifications or enhancements, made, created or developed by NEOLINE or related in any way to the Services (collectively, the ” Revisions “) are and will remain the property of NEOLINE. All Remarks and Revisions become the exclusive property of NEOLINE and NEOLINE may use and produce the Remarks and / or Reviews in any manner and for any purpose, without notice or compensation, and without retention of title, right or claim on the part of the User.

7.4 Restrictions
The User understands that he is responsible for any Content, in whatever form, which he provides or makes available in any way on or from the Services, intended for other users of the Services. It agrees not to use the Services to: upload, post, email, or otherwise make Content that is unlawful, harmful, threatening, abusive, malicious, insinuating, defamatory, vulgar, obscene slanderous, constituting a violation of the privacy of a third party, hateful, or racially, ethnically or otherwise objectionable; to harm minors in any way; facilitate gambling, games, lotteries, raffles, contests, sweepstakes and / or any other activity including the awarding of prizes other than raffles, contests or sweepstakes; impersonate any person or entity, including, without limitation, a representative of NEOLINE or a moderator, or falsely declare or otherwise present a misleading image of their affiliation with another person or entity; fabricate headers or otherwise manipulate identifiers to disguise the origin of Content transmitted using the Services; download, publish, send by e-mail or otherwise make available any Content of which it does not hold the rights of diffusion; upload, post, email, transmit or otherwise make available Content that infringes any patent, trademark, trade secret, copyright or any other intellectual property rights or otherwise owned by another person or entity; upload, post, e-mail, transmit or otherwise make available Content that contains viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality or to interact with the case with the Services in any way that is not permitted under the Terms of Service (including, but not limited to, these TOS); disrupt or disturb the Services or the servers or networks connected to the Services, or disobey the requirements, procedures, rules or regulations relating to the networks connected to the Services; attempt to probe, scan, or test the vulnerability of any NEOLINE server or network, or to violate security and authentication measures, unless the User is a NEOLINE authorized contractor engaged specifically to provide such services; attempt to avoid or circumvent any technological measure implemented byNEOLINE to protect the Services or the Content on the Services; encourage any user to use a third party service that competes with NEOLINE; to violate, voluntarily or involuntarily, any applicable local, state, state or local law, rule or regulation; collect payment details, social security or insurance number, bank account number, driver’s license number, medical information, or other sensitive information that needs to be secured in accordance with the application of the local, state, provincial, national, or any other law or law for which a breach of data protection must be disclosed without the prior written consent of NEOLINE.

7.5 Rights to rectification
The User acknowledges that NEOLINE does not pre-filter the User content and Content of any other User in connection with the Services, but that NEOLINE has the right (but not the obligation) to monitor, alter, modify or delete any of the User Content, in whole or in part, based on breaches of the Terms of Service, including but not limited to, these TOS. User acknowledges and agrees that NEOLINE may retain User Content and User Account information and may also disclose User Content and User Account information in order to comply with a legal obligation or if NEOLINE believes in good faith that such retention or disclosure is reasonably necessary to comply with the requirements of the law; respond to complaints about User Content that violates the rights of third parties; enforce or administer the Terms of Service; and / or protect the rights, property and / or safety of the personnel of NEOLINE, its Users and / or the public, including preventing fraud.

8. Liability
NEOLINE makes every effort to ensure the security of the Site (especially against SPAM), as well as that of Users. The content made available on the Site is provided for information purposes. NEOLINE can not be held liable for any direct or indirect damage to the User’s equipment, when accessing the Site, and resulting either from the appearance of a bug or an incompatibility. Where appropriate, the comments and messages published by Internet users are solely the responsibility of their respective authors. NEOLINE will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, bodily injury or material damage related to or related to any use of the Services or, whatever Anyway, even if NEOLINE has been informed of the possibility of such damages. NEOLINE will not be liable for any damages, obligations or losses arising from: (i) the fact that the User has used the Services or relied on them or the impossibility for them to access or use the services ; or (ii) any transaction or relationship between the User and any third party provider, even if NEOLINE has been informed of the possibility of such damages. NEOLINE will not be responsible for any delay or non-performance caused by causes beyond the reasonable control of NEOLINE. The User acknowledges that solicited third-party providers may intervene in the provision of the Solution and the use or management of the Services. In any case, the responsibility of NEOLINE due to the action of third party providers can not be engaged. The User may use the Services of NEOLINE through a third party provider (brands, companies, etc.) to book, organize test sessions, sports events, etc. but the User agrees that NEOLINE has no responsibility and will not answer for any services provided by third parties, apart from what has been expressly stated herein.

9. Hypertext links
It is possible that the Site offers hypertext links to websites published and / or managed by third parties. To the extent that no control is exercised over these external resources, the User acknowledges that NEOLINE assumes no responsibility for the provision of these resources, and can not be held responsible for their content, advertisements, the products, services or other components appearing on or available from such websites or resources, or any damages or losses arising from such websites or resources, even if such websites and resources are related to partners or third-party providers of NEOLINE services.

10. Privacy & personal data
All information that the User provides or that is collected by NEOLINE in connection with the Services is governed by this NEOLINE Privacy Policy. When using the Site, NEOLINE may need to ask the User to provide personal data.

10.1 Purpose of this charter
The purpose of this charter is to inform the User of the means used to collect personal data, in the strictest respect of his rights. NEOLINE indicates in this regard that it complies, in the collection and management of personal data, the law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, in its current version.

10.2 Identity of the person responsible for data collection
The person responsible for the collection of personal data is NEOLINE.

10.3 Collection of personal data
Personal data is collected to fulfill one or more of the following purposes:
– Manage access to certain Services accessible on the Site and their use,
– Perform the operations relating to the management of Clients / Organizers regarding contracts, orders, deliveries, invoices, loyalty programs, follow-up of the relationship with Customers,
– Constitute a file of registered members, users, customers and prospects,
– Send newsletters, solicitations and promotional messages. In the event that the User does not wish it, NEOLINE gives him the faculty of not subscribing to the newsletter by ticking or not the corresponding box,
– Develop trade and attendance statistics for the Services,
– Manage the management of the opinions of the people on products, services or contents,
– Manage unpaid and potential disputes regarding the use of the Products and Services,
– Respect legal and regulatory obligations.
NEOLINE may retain Personal Data as long as the User is registered to use the Services. However, NEOLINE may retain Personal Data for an additional period of time as permitted or required by applicable law. Even if NEOLINE deletes Personal Data, it may persist on backup or archive media for an additional period of time for legal, tax or regulatory reasons.

10.4 Recipients of collected data
The staff of NEOLINE, the departments in charge of the control (auditors in particular) and the subcontractors will have access to the personal data. Public bodies may also be recipients of personal data, exclusively to fulfill legal obligations, judicial officers, ministerial officers and bodies responsible for collecting debts.

10.5 Transfer of personal data
Personal data will not be sold, rented or exchanged for the benefit of third parties.

10.6 Security
NEOLINE informs the User to take all necessary precautions, organizational and technical measures to preserve the security, integrity and confidentiality of personal data and in particular, prevent them from being distorted, damaged or unauthorized third parties having access to them. When the User chooses to communicate Personal Data, he expressly gives his consent for the collection and use of the latter in accordance with the provisions of these TCU and the legislation in force.

10.7 Access to your personal data:
In accordance with the law n ° 78-17 of January 6th, 1978 relative to the computing, the files and the liberties, the User has the right to obtain the communication and, if necessary, the rectification or the suppression of the data the concerning, through an online access to your file. The User can also contact:
– e-mail address: antoine@testpass.fr
– postal address:83 B rue de l’abbé Groult – 75015 PARIS (FRANCE).
It is recalled that any person may, for legitimate reasons, oppose the processing of data concerning him.

11. Computer and freedom
The processing of information communicated through the Site has been declared to the CNIL under the number 2004181. In accordance with national and European regulations, any User has a right of access, rectification and opposition to the personal data concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent. No personal information of the User is published without his knowledge, exchanged, transferred, assigned or sold on any support to third parties. Only the assumption of redemption of NEOLINE and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the Site User.

12. Force majeure
Contractual deadlines may be extended for any cause that has made NEOLINE unable to fulfill its obligations, in particular in case of force majeure (external event, unforeseeable, and irresistible which NEOLINE can not reasonably have control). Expressly, are recognized as a case of force majeure, besides those usually recognized by the French jurisprudence any impediment in the manufacturing due to the difficulties of supply, to the shortages of manpower and equipment, to movements of strike, to transportation interruptions. These events will be worthy of force even if they do not assume the unpredictable, irresistible and insurmountable nature of events deemed to constitute force majeure by law.

14. Changes / Updates / Updates
These Terms are available online on the website www.testpass.fr. They are likely to be modified without any other formality than the putting on line of a new modified version, only this last version being retained.

15. Information – Complaints
Any clarification concerning the application of these Terms, any request for information or complaint relating to the operation of the NEOLINE Services on the Internet must be sent by e-mail to the address: admin@testpass.fr or by mail to the address: NEOLINE -83 B rue de l’abbé Groult – 75015 PARIS (FRANCE)..

16. Applicable law – competent jurisdiction
Users’ attention is drawn to the fact that any translation of these terms of use into English will be provided for their convenience only. In case of inconsistency or contradiction between the French version and its possible translation, the French version will prevail. These Terms are subject to French law and European law in force through the direct application of the European Regulation 2016/679 on the processing of personal data. In case of dispute, the Paris Court of First Instance will have sole jurisdiction.