Terms and conditions
Terms and Conditions of Praxuj s.r.o., with ID number 50597523, located at Nový Svet 1182/40, 974 01 Banská Bystrica, Slovakia, registered with the Commercial Register of the District Court of Banská Bystrica, section Sro, file No. 30871/S (hereinafter referred to as the "Supplier") for accessing and using the Supplier's services on the website https://testzebra.com.
Preamble
- The Supplier issues these General Terms and Conditions (hereinafter referred to as the "Terms") governing the rights and obligations of the Supplier and Users of the website https://testzebra.com (hereinafter referred to as "TestZebra.com"), upon accessing TestZebra.com and its subsequent use.
- Prior to registration or any other use of TestZebra.com, the user is obliged to familiarize themselves with the current wording of the Terms and to comply with the obligations arising from them. In the case of the registration of a corporate user, only an authorized person is entitled to do so.
- The Terms are binding on all users of the services and an integral part of the contract concluded with the Supplier.
- The Supplier is a value-added tax (VAT) payer.
Definitions of terms
The terms used in these Terms have the following meaning:
- Company/User/Client - a natural or legal person who uses the services of the Supplier on TestZebra.com for the purpose of testing designated individuals;
- Terms - these General Terms and Conditions;
- TestZebra.com - a web portal located at https://testzebra.com;
- Supplier - Praxuj s.r.o., with ID number 50597523, located at Nový Svet 1182/40, Banská Bystrica 974 01, registered with the Commercial Register of the District Court of Banská Bystrica, section Sro, file No. 30871/S.
Services
- The Supplier provides Companies with a service through TestZebra.com, consisting of the use of a selected test by candidates for online testing under the following conditions:
- this service is only available to registered companies;
- Company registration is free of charge;
- The price for one use of one test is listed in the price list and in the Company user interface;
- purchased credit can be used within 1 year of purchase;
- upon registration, the Company receives 3 credits for free;
- the price of credits is listed in the price list;
- Other services are provided individually according to an agreement.
Using the service
- Registration of the Company on TestZebra.com is required to use the services, which is done by filling out the registration form. The Company orders the services through the Account.
- Confirmation of the creation of the Company account by the Supplier via email constitutes the conclusion of a framework agreement.
- The individual agreement is concluded by using credits or confirming payment of credits by the Supplier.
Payment terms
- The price of credits is listed in the price list. The Supplier is a VAT payer.
- The Company may be notified by the Supplier of the approaching expiration of credits.
Using the TestZebra.com portal
- Before using TestZebra.com, the User is obliged to become familiar with the wording of the Terms. By using the TestZebra.com portal, the User expresses consent to the wording of the Terms and undertakes to comply with them. If the User does not agree with the Terms, they are obliged to immediately leave the TestZebra.com portal and not to use it in any other way.
- The Supplier reserves the right to cancel any account in case of violation of obligations arising from the Terms.
- The Client is obliged to maintain confidentiality regarding access data and to prevent the use of the account by third parties who are not authorized to use it.
- An account created through registration can be canceled at any time by sending an email to the Supplier.
- Login to the User's account is done by entering the email address provided during registration and subsequently confirming the login from the entered email address.
- Specific use of services is based on the user interface in the Company's account.
- The specific use of services is based on the user interface in the Company's account. The Company may grant access to other persons in addition to its own access in the "Owner" category, in the categories "Administrator" and "Restricted user". The "Administrator" category has the same rights as the "Owner" category, except for the ability to cancel the Company's account and transfer the "Owner" status. The "Restricted user" category is authorized to send tests to test suite participants and to view the test results of those participants.
Protection of personal data
By agreeing to these Terms and Conditions, a contractual relationship is established between the Client and Supplier, whereby Supplier provides the Client with services related to the testing of the Client's designees. Within the framework of this contractual relationship, the processing of personal data also takes place. In this relationship, the Client acts in the legal capacity of "Controller" and Supplier acts in the legal capacity of "Processor". The subject of this chapter is the authorization of the Processor by the Controller, to process personal data on behalf of the Controller.
Authorization to process personal data
Pursuant to Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation") and Section 34 of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts (hereinafter referred to as the "PPA Act").
The Processor is authorized to process personal data on the basis of the contractual relationship, according to this chapter and in a manner in accordance with the GDPR Regulation, the Personal Data Protection Act, and special laws.
The Processor is responsible for protecting the personal data of the data subjects, particularly their confidentiality, integrity, and availability, in accordance with the GDPR Regulation, the Personal Data Protection Act, and technical and organizational security measures.
The Processor is authorized to process personal data for the purpose of providing the service of testing individuals.
The Processor is authorized to process personal data of tested individuals (hereinafter "data subjects") to the extent of standard personal data, including identification data, contact information, data necessary for standardizing test results, and details about testing (especially test results, overviews, statistics). If the customer is interested, data indicating possible cheating by the test subject may also be processed during testing (especially location, browser version, determining if the user has adhered to the maximum browser size, the number of times the cursor left the browser window during testing, photos from the webcam, unless the test subject objects) (hereinafter "personal data").
The Controller is obliged to provide legally obtained, correct and updated personal data to the Processor for processing. In case the processing of personal data requires the consent of the affected person, the Controller shall obtain and prove such consent. In case of any changes in the provided data or revocation of the consent given by the affected person, the Controller shall immediately inform the Processor of such changes.
The Processor is authorized to carry out the following data processing operations with personal data: collection, recording, arrangement, structuring, storage, alteration, retrieval, consultation, use, transmission, dissemination or other provision, alignment or combination, restriction, erasure.
The Processor is not authorized to transfer personal data to a third country or an international organization.
The Controller agrees to the processing of personal data by the Processor through other persons - contractual partners of the Processor (hereinafter referred to as "Another Processor"), as follows:
(1) Provider of services related to the operation of the web platform (server, hosting, cloud) - United Jobs, j.s.a., Račianska 88B 831 02 Bratislava - Nové Mesto, ID: 53863241.
(2) Provider of email services (www.mailjet.com) - Mailjet SAS, 4, rue Jules Lefebvre, 75009 Paris, France.
(3) Provider of services for psychological testing (in the case of conducting psychological tests) - Thalento® Headquarters, Corda Campus - Corda 6 Hall A | Kempische Steenweg 303/43, 3500 Hasselt, Belgium.
The Processor shall inform the Controller of any changes concerning the addition or replacement of Another Processors, by updating these T&C.
The Another Processor processes personal data and ensures its protection on behalf of the Processor. The provisions of the GDPR Regulation, the Personal Data Protection Act and this chapter on the processing of personal data through the Processor also apply to the Other Processor.
The Processor is authorized to process personal data on behalf of the Controller for the duration of the contractual relationship.
After the provision of services related to the processing of personal data has ended, the Processor is obliged to securely return or delete all existing copies containing personal data, unless a separate regulation or international treaty by which the Slovak Republic is bound requires the retention of such personal data.
In case the data subject exercises the rights under Articles 15 to 22 of the GDPR Regulation that affect the processing of personal data provided to the Processor, the Controller shall immediately inform the Processor of this fact. Similarly, if the data subject exercises the rights of the Controller with the Processor, the Processor shall immediately inform the Controller of this fact.
The Processor, taking into account the nature of the processing of personal data, will provide the Controller with the utmost cooperation through appropriate technical and organizational measures in fulfilling its obligation to take measures based on the request of the data subject under the GDPR Regulation.
The Processor is obliged to provide cooperation within the framework of the audit of the protection of personal data and inspection by the Controller or the auditor appointed by the Controller.
The Processor is obliged to process personal data only on the basis of written instructions from the Controller, even if it involves the transfer of personal data to a third country or international organization, except for transfers based on a special provision or international agreement to which the Slovak Republic is bound. In such a transfer, the Processor is obliged to notify the Controller of this requirement before processing personal data, if such notification is not prohibited by a special provision or international agreement to which the Slovak Republic is bound for reasons of public interest.
The Processor is obliged to maintain confidentiality regarding personal data that it processes. The Processor is obliged to ensure confidentiality and bind individuals (authorized by the Processor and other persons contractually bound by the Processor) who come into contact with personal data at the Controller's or the Processor's to maintain confidentiality, unless they are bound by confidentiality under special legislation. The obligation of confidentiality continues even after the processing of personal data has ended.
The Processor shall provide cooperation to the Controller in ensuring compliance with obligations under Articles 32 to 36 of the GDPR Regulation, taking into account the nature of the processing of personal data and the information available to the Processor.
The Processor shall inform the Controller without undue delay if it believes that the instructions of the Controller violate the GDPR Regulation, the Personal Data Protection Act, special legislation, or an international agreement to which the Slovak Republic is bound, relating to the protection of personal data.
Newsletter
- The Supplier at TestZebra.com allows you to receive a newsletter with up-to-date advertising and marketing information.
- By checking the appropriate box, the user (or his/her representative) agrees to the processing of his/her e-mail for the purpose of sending the newsletter with advertising and marketing information about the Supplier's services.
- The User may withdraw his/her consent to data processing at any time by following the link in the received newsletter or by sending an e-mail to the Supplier at gdpr@testzebra.com.
- The e-mail is processed automatically for the purposes of the newsletter.
- This system of the Supplier is registered in the register of personal data information systems at the Office for Personal Data Protection.
- The purpose of the processing is to provide users with advertising and marketing information relating to the Supplier's services. Consent is granted for a limited period of time - for a period of 3 years.
Liability for damage
- The Supplier does not guarantee uninterrupted access to TestZebra.com, including the account, nor the safety and security of TestZebra.com. The Supplier is not liable for any damage caused to the User during the access and use of TestZebra.com, including any damage caused by downloading data published on TestZebra.com, damage caused by interrupted operation, malfunction of TestZebra.com, computer viruses, damage caused by data loss, disk failure, or unauthorized access to user data transmissions.
- By clicking on some links on the TestZebra.com portal, the User may leave the TestZebra.com portal and be redirected to third-party websites.
- The Supplier reserves the right to restrict or terminate access of Users to the TestZebra.com portal at any time.
- The Client is obliged to protect the data obtained while using the Supplier's services from any misuse and to ensure their protection against unauthorized access. In the event of a breach of this obligation, the Client is fully liable for any resulting damage.
- In the event that any claims are made against the Supplier for infringement of any rights of third parties mentioned in this section, the Client undertakes to satisfy these claims and to compensate the Supplier in full.
- In the event of a delay by the Client, the Supplier is entitled to temporarily suspend further provision of services to the Client. The Client shall not be entitled to compensation for damages or for the services ordered but not used during this time. The Supplier's right to compensation for damages is not affected by this.
- The Supplier is not responsible for any misuse of login credentials by an unauthorized person, nor for any resulting damages or claims by third parties resulting from such misuse.
Complaints procedure
- The Client has the right to file a complaint about an error that occurred on TestZebra.com in connection with the service provided to them.
- An error on TestZebra.com primarily means the malfunctioning of the service based on an individual contract, and this for a period longer than 6 hours during a 24-hour period.
- An error is not present if the services of the Supplier are not available due to the malfunctioning of the Client's internet connection or due to other circumstances for which the Supplier is not responsible.
- The deadline for filing a complaint is no later than 14 days from the day when the Client discovered or could have discovered the error.
- The Client is entitled to file a complaint in writing (by post to the Supplier's address, by e-mail to the address: info@testzebra.com). The complaint must be delivered to the Supplier. The Supplier undertakes to announce the result of its handling within 14 days from the date of receiving the complaint.
Final provisions
- The Supplier reserves the right to change and supplement the Terms and Conditions. The Supplier is obliged to inform Clients about the changes by publishing them on TestZebra.com, indicating the date from which these changes take effect. The original Terms and Conditions lose their validity upon the effective date of the new Terms and Conditions.
- Relationships not governed by the contract and/or the Terms and Conditions are governed by the applicable laws of Slovakia.
- Provisions of the contract that deviate from the Terms and Conditions have priority. The validity of the Terms and Conditions or their parts can be excluded only by a written agreement of the contracting parties in the Contract.
- These Terms and Conditions become effective on 1.3.2024.