Privacy Policy

Testsmith will always process the personal data provided to it properly and carefully. In doing so, Testsmith will comply with the rules as laid down in the General Data Protection Regulation (GDPR) and other relevant legislation.

Article 1 - Definitions:

Data Subject: a natural person who can be identified on the basis of the Personal Data provided. In this privacy policy also referred to as Client.

Personal Data: all data as referred to in the General Data Protection Regulation and/or the applicable European Privacy Regulation. Any information concerning the identification of the Data Subject.

Processing: any operation or set of operations concerning Personal Data, whether or not carried out with the aid of automated means.

Controller: in this privacy policy, Testsmith, which determines the purpose, conditions and means for the Processing of Personal Data.

Article 2 - Scope and which data is collected?

1. This privacy policy applies to the Processing of Personal Data in connection with the performance of the services that Testsmith offers.
2. Testsmith processes Personal Data in the context of the performance of the agreement to test software or provide training. This Personal Data consists of name, address and city data, contact details and payment details.
3. As soon as the Client has voluntarily entered his/her data in person or via the website, he/she thereby gives permission to process the Personal Data in the context of the performance of the agreement.
4. Testsmith collects Personal Data in the following ways:
   1. Data collection via the internet such as a contact form, subscribing to a service or completing the feedback form;
   2. Personal interviews where information is recorded or entered;
   3. Telephone interviews where data is recorded or entered.

Article 3 - Handling of data:

1. Personal data will be processed in a lawful, fair and transparent manner by Testsmith. The collected Personal Data will at all times be treated confidentially.
2. If the Data Subject establishes that his/her Personal Data has been incorrectly registered with Testsmith, the Data Subject will report this to Testsmith as soon as possible. Following this information, Testsmith will, upon request, delete or adjust the data if necessary, or give the Data Subject the opportunity to correct this Personal Data.

Article 4 - Purposes of data:

1. Testsmith uses Personal Data of Data Subjects for the performance of its services and the associated assignment. These services are performed in the context of testing software or providing training.
2. The Personal Data is Processed insofar as this is necessary for the performance of the agreement with regard to the services of Testsmith requested by the Data Subject. Processing of the Personal Data will only take place when this appears necessary for the realization of the purposes in the context of facility services.

Article 5 - Storage of data and retention period:

1. The retention period of the Personal Data will only be for the duration necessary to achieve the purposes and in any case not last longer than a maximum of one year, unless a legal basis indicates a different period whereby Testsmith is obliged to keep the Personal Data longer. The contact details are kept for longer than one year, unless the Client indicates that he/she would like to have the contact details deleted.

Article 6 - Security of data:

1. Testsmith takes appropriate technical and organizational measures to protect the Personal Data at an appropriate level of security.
2. Testsmith takes, in any case, appropriate measures to prevent destruction, any form of unlawful Processing or unauthorized distribution and access to the Personal Data.

Article 7 - Rights of Data Subject:

1. The Data Subject has the right, without stating a reason, to withdraw his consent to the processing of his Personal Data, unless this makes performance of the agreement impossible, makes performance of a public task impossible, or is not possible due to medical necessity, subject to legal obligations or other situations in which deletion of personal data cannot reasonably be required from Testsmith.
2. The Client can request Testsmith at any time via [email protected] to delete the Personal Data of the Client.
3. Testsmith offers the Data Subject access to his Personal Data without mandatory statement of reasons.
4. Processing of Personal Data is made known to the Data Subject through this privacy policy in clear, understandable language.

Article 8 - Newsletter systems

1. The Client can voluntarily sign up for the newsletter.
2. The newsletter keeps the Client informed of the latest news, the most recent offers and developments.
3. The Client receives the newsletter by email.
4. The Client can unsubscribe from the newsletter at any time in writing or via the hyperlink. The Client will then no longer receive messages.

Article 9 - Cookies and privacy

1. When visiting our website, Testsmith can collect information from the website visitor about the use of the website through cookies.
2. The information that Testsmith collects through cookies can be used for functional and analytical purposes. Testsmith is not permitted to lend, rent, sell or otherwise disclose the personal data of the Data Subject.
3. The Data Subject agrees that Testsmith contacts the Data Subject for statistical research or customer satisfaction research. If the Data Subject does not wish to be contacted for research, the Data Subject can make this known.
4. Testsmith reserves the right to use the other data of the Data Subject anonymously for (statistical) research and database.

Article 10 - Transfer to third parties

1. Personal data of data subjects are in principle not provided to third parties, unless this is necessary for the performance of the agreement or the delivery of goods and/or services or if this happens on the basis of (compliance with) a legal obligation.

Article 11 - Contact and handling of complaints

1. Testsmith offers the possibility to handle complaints. Complaints can be submitted in writing and will be handled as quickly as possible but in any case within 4 weeks.
2. The Data Subject has the right to submit a complaint to the supervisory authority, being the Dutch Data Protection Authority.
3. Questions and complaints can be submitted via: [email protected].

Article 12 - Changes to privacy policy

1. Testsmith reserves the right to adjust this Privacy Policy.
2. Changes will be communicated to the Data Subject in a timely manner.

Article 13 - Applicable law

1. Dutch law applies to this privacy policy and all disputes arising from it.
2. The competent court in the district of Utrecht has exclusive jurisdiction over all disputes arising from this privacy policy.