Last Revised: August 13, 2023
TestDynamics Holdings Inc. (“TestDynamics”, “Company”, “we”, “our” or “us”) respects the privacy of the visitors and/or users (“user” or “you”) of our Site (“Website”), and is committed to protect the personal data and information that its Users share with it. We believe that you have a right to know our practices regarding the information we may collect and use when you visit and/or use our Site.
Please read the following carefully to understand the Company’s views and practices regarding your Personal Data and how the Company will treat it.
THIS PRIVACY NOTICE DETAILS HOW YOUR PERSONAL DATA IS COLLECTED BY THE SITE AND IS USED AND PROCESSED BY THE COMPANY.
BY ENTERING, CONNECTING TO, ACCESSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE OR HAVE HAD THE OPPORTUNITY TO BECOME AWARE OF AND AGREE (IN THE JURISDICTION WHERE SUCH CONSENT IS REQUIRED) TO THIS PRIVACY NOTICE AND COMPANY’S PRACTICES DESCRIBED IN THIS NOTICE, INCLUDING THE PROCESSING (INCLUDING COLLECTING, USING, DISCLOSING, RETAINING OR DISPOSING) OF YOUR INFORMATION UNDER THE TOU OF THIS NOTICE. IF YOU DISAGREE WITH ANY TERM PROVIDED IN THIS NOTICE , YOU SHOULD NOT ACCESS AND/OR USE THE SITE.
YOU HEREBY CONSENT TO THE COLLECTION, PROCESSING, TRANSFER, AND USE OF YOUR PERSONAL INFORMATION. YOU ALSO ACKNOWLEDGE AND CONFIRM THAT YOU ARE NOT REQUIRED TO PROVIDE US WITH YOUR PERSONAL DATA AND THAT SUCH DATA IS VOLUNTARILY PROVIDED TO THE COMPANY.
We may also obtain information from third party sources that we trust, such as data providers, or from public sources and methods, such as information available on public Sites and the internet.
We may collect two types of data and information from our Users:
a. Non-Personal Data. The first type of data is non-identifiable and anonymous data (“Non-personal Data”). We are not aware of the identity of the User from whom we have collected the Non-Personal Data. Non-Personal Data is any unconcealed Data that does not enable identification of an individual User, and which is available to us while such User is entering and/or using the Site. You may access and browse the Site without disclosing personal information, although, like most websites, we passively collect certain Non-Personal Data from your devices. Non-Personal Data which is being gathered consists of technical information, behavioral information, and aggregated information, and may contain, among other things, the activity of the User on the Site, type of operating system, type of the User’s device and its version, User’s ‘click-stream’ on the Site, type of browser and keyboard language, the hardware specifications of such device (including screen resolution), Wi-Fi connectivity and the type and name of your device and/or browser, time spent on various screens of the Site, User demographics, traffic patterns, etc. We may also use third-party service providers, such as Google Analytics, and Google API, to obtain detailed analytics on the device and the User’s behavior on the Site. Please note that we or our third-party service providers will collect such Non-Personal Data by using certain tracking technologies, such as cookies, as further detailed below. Our use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements
b. Personal Data. The second type of Data is any Data that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, first and last name, phone number, country of residence, company name and email address, physical address, or other contact information.
(a) Personal Data which is provided voluntarily, may include:
(b) Personal Data collected via technology by TestDynamics and its services:
( c ) Please note:
(d) We may cross-reference Personal Data with other Personal Data we have about you and any Non-Personal Data connected or linked to or associated with any Data shall be deemed as Personal Data as long as such connection, linkage or association exists.
a. We collect information through your entry, connection, access, and/or use of the Site. When you access or use the Site, we are aware of your usage of the Site and may gather, collect and record the Data relating to such usage. For example, when you use the Site, we gather your technical and behavioral information, as set forth above.
b. We collect information that you provide us voluntarily. For example, we collect Personal Information that you provide through email correspondence.
c. We may gather, collect and store such information either independently or through the help of our authorized third-party service providers, as detailed below.
Non-Personal Data is collected to:
Personal Data is collected to:
The Company respects your privacy and will not disclose, share, rent, or sell your Personal Data to any third party, other than as permitted under this Privacy Notice.
In addition to using the Data collected by us for the purposes described under Section 4 above, we may also share your information in the following cases:
The Company may transfer and disclose Non-Personal Data to third parties at its discretion including without limitation for statistical, analytical, and research purposes and customization, development and improvement of our Site.
The Company acknowledges you have the right to access and change the Personal Data we collect and process. If you wish to access or to correct, amend, or delete Personal Information, please send us an email to: email@example.com and we will respond within a reasonable timeframe, but in any event no later than permitted by applicable law.
Note that unless otherwise explicitly specified herein and/or unless you instruct us otherwise, we may retain your Personal Data for as long as reasonably required for the purposes for which such Personal Data was collected, and as permitted under any applicable privacy laws.
Aggregated and/or anonymous information derived from your use of the Services may remain on the Company servers indefinitely.
The Site is intended for Users over the age of eighteen (18). Therefore, The Company does not intend and does not knowingly collect Personal Data from minors under the age of eighteen (18) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Site. If we learn that we collected Personal Data from minors under the age of eighteen (18) we will delete that information as quickly as possible. If you have reasons to suspect that the Company collected Personal Data from minors under the age of eighteen (18), please notify us through the means at the top of this Privacy Notice, and we will delete that information as quickly as possible.
We take reasonable measures to maintain the security and integrity of our Site and User Data to prevent unauthorized access to it. Please note, however, that there are inherent risks in the transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Data will never occur.
Some of the security measures that we employ include, without limitation: the application of secure design and implementation methods, including encryption mechanisms and secure architecture design to all storage and transmission mechanisms used for the processing and transmission of your Personal Information, as well as access control and auditing systems (including firewall and identity management solutions), that restrict access to your Personal Information to authorized personnel only, based on their roles and their need-to-know requirements, needed to process your Personal Information on Company’s behalf.
The Company will comply with applicable law in the event of any breach of the security, confidentiality, or integrity of your Personal Data and will inform you of such breach as required by applicable law.
THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA INCLUDED IN THE PERSONAL DATA.
Disclosing Your Personal Data to Service Providers and/or Contractors
At times we give your Personal Data to service providers and or contractors whom we hire to provide services to us. These service providers and or contractors may include but are not limited to payment processors, call centers, software providers, data management services, help desk providers, accountants, law firms, auditors, and email service providers.
Personal Data that we collect from you may be stored, processed, and transferred among any countries in which we operate. The European Union has not found the United States and some other countries to have an acceptable level of protection of Personal Data under Article 45 of the GDPR. Our company relies on derogations for specific situations as defined in Article 49 of the GDPR. If you are a European Union User, or a User from another country, with your consent your Personal Data may be transferred to the United States or other countries when you request information from us. When you buy goods or services, we will use your Personal Data to perform a contract with you. Wherever we transfer, process, or store your Personal Data, we will try to apply reasonable safeguards to protect it. We will use the information we collect from you by following the practices described in our privacy notice. Also, we enter into data processing agreements and standard contractual clauses when appropriate. By using our website, services, or products, you agree to the transfers of your Personal Data described within this section.
Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. We have no responsibility for these websites, and we provide links to these websites solely for your convenience. You accept that your use of and access to these websites are solely at your risk.
When you access or use the Site, we and/or our third party service providers may use industry-wide technologies such as cookies, web beacons, pixels, clear gifs and other similar tools (or other similar technologies), which store certain local information on your device (“Cookies”) which may enable us, to recognize your device from those of other Users of the Site, to improve the Site’s performance, to deliver a better and more personalized service according to the User’s individual interests and the device or browser used, to track Users’ use of the Site, to gather Data about the Users’ approximate geographic location (e.g. city), to prevent fraud and/or abuse, to estimate our audience size and usage pattern and perform other analytics, to develop our Site and to serve targeted advertisements.
Cookies may locally store certain technical and behavioral information and other Personal Data on your device and we and/or our authorized third-party service providers may access such information for the purposes detailed under this Privacy Notice. We and/or our authorized third-party service providers may use both session Cookies (which expire once you close the web-browser) and persistent Cookies (which stay on the User’s device until he/she deletes them). Such Cookies used by the Site may store non-personal data (such as the different pages viewed by a User within the Site) as well as User persistent identifier, which will be collected in accordance with this Privacy Notice.
Most devices and browsers will allow you to erase cookies from your device’s hard drive, block the acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, your experience of the Site may be limited. Please note that unless you block the acceptance of cookies, the Site will utilize cookies upon your use of the Site. If you want to remove previously stored cookies, you can manually delete the cookies at any time. However, this will not prevent the Site from placing further cookies on your device unless and until you adjust your settings as described above.
For detailed instructions regarding the blocking of cookies, please refer to your browser ‘help’, ‘tool’, or ‘edit’ section or see http://www.allaboutcookies.org/manage-cookies/.
It is possible to opt-out of having your browsing activity within the Site recorded by performance cookies. Please note that we use Google Analytics as our service providers to track Users’ activities on the Site, including by using such services’ persistent cookies. Google provides a browser-add on which allows users to opt-out of Google Analytics across all websites.
You can always opt-out of receiving email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission except in the sale or transfer of our company, or if our company files for bankruptcy as described in the section Disclosures to Successors.
Our Legal Basis for Collecting and Processing Personal Data
Our legal basis for collecting and processing your Personal Data when you buy our products, services, or fill in any of the contact forms on our website is based on the necessity for the performance of a contract or to take steps to enter into a contract.
Do Not Track Settings
Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your Personal Data to the new business. The new business would retain the right to use your Personal Data according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business. We also retain the right to transfer your Personal Data if our company files for bankruptcy and some or all of our assets are sold to another individual or company.
We reserve the right to change this Privacy Notice at any time. If our company decides to change this Privacy Notice, we will post those changes on our website so our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your Personal Data in a method different from that specified at the time it was collected, we will provide advance notice by email sent to the email address on file in your account. Otherwise, we will use and disclose our Users’ and Customers’ Personal Data in agreement with the Privacy Notice in effect when the information was collected. Your continued use of our website, services, and products after any change to this Privacy Notice will constitute your acceptance of any changes. If you have questions about our Privacy Notice, please contact us through the information at the top of this Privacy Notice.