Preely terms and privacy policy – GDPR

We understand that your privacy is of concern to you and we will keep your information safe. Preely by TestLab ApS is committed to protecting the privacy and confidential information of those who register.

Claus Venlov, CEO Preely
16-10-2020

GDPR

The EU General Data Protection Regulation (GDPR) went into effect on May 25, 2018.

The data processor
Preely by Testlab ApS
CVR 36956984
Vestergade 16, 3.
1456 København K
Danmark

When you create a profile on app.preely.com you become the data controller.

The purpose of the data processor’s processing of personal data on behalf of the data controller is:
The purpose is for the data controller to use the system, Preely, to compile, distribute and collect data based on event-based user tests. The data controller creates user tests that can be performed by the data controller’s participants in the Preely system or others who perform tests in the system. The data controller can then analyze the result of a user test.

The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing)
The processing of personal data involves the data processor making the system, Preely, available to the data controller, and in this connection, personal data will be processed below by:

That personal information is stored in the Preely system hosted by Amazon, Dublin (see details further down) .
Data from the user test is stored in Preely and from there you as the data controller can access this data.

The processing can include the following types of personal data about data subjects:

Completely anonymized test
A test can be conducted without collecting personal information. Combined with the participant’s answer in connection with a user test.

Partly anonymized test
A test can be conducted where basic demographics are collected (following Article 6 personal data is processed):
-Age
– Gender
– Zip code
Combined with the participant’s answer in connection with a user test.

Testing via own test panel
A test can be conducted where you use participant’s from your own test panel, here the following data are collected(following Article 6 personal data is processed):
– Name
– Email
– Age
– Gender
– Zip code
– The participant’s answer in connection with a user test
– The participant’s answers and responses when signing up to your test panel

Storage period/erasure procedures
The data controller is in direct control of deleting data based on user tests. The data processor deletes data in backups and logs.

The data controller ensures that data based on user tests is deleted. The manual deletion performed by the data controller is logged in a separate system by the data processor to ensure that the deleted data is not recovered by reloading the backup.

The data processor performs daily backup of data, and each backup has a lifespan of 7 days, after which it is automatically deleted. Data from logs is automatically deleted every 30 days. Deletion is logged in a separate system, to ensure that deleted data is not recovered when reloading the backup.

On the first Wednesday of each month, settings for automatic deletion of backup data are checked. Furthermore, the deleted data log is checked that the data has been deleted and that it has not been recovered from backup.

Processing location
Processing of the personal data under the clauses cannot be performed at other locations than the following without the data controller’s prior written authorisation:

Preely: Vestergade 16, 3 sal, 1456 København K
Amazon Web Services:

AWS South Dublin Data Center is located at Greenhills Road, Tymon North, Dublin, Ireland.

Mailjet SAS, 13 – 13 bis Rue de l’Aubrac, 75012 PARIS

Transfer of data to third countries or international organisations will never happen, unless we have written consent from the data controller.

Amazon server security
In compliance with EU GDPR-legislation, the Amazon Web Services Data Processing Addendum has been signed. All data is stored in Ireland.

Sub-processors.

Amazon Web Services
Address: One Burlington Plaza, Burlington Road, Dublin 4
Terms of use: In compliance with EU GDPR-legislation, the Amazon Web Services Data Processing Addendum has been signed.
Preely use: Hosting
Amazon AWS South Dublin Data Center is located at Greenhills Road, Tymon North, Dublin, Ireland.

Mailgun Technologies, Inc.
112 E Pecan St #1135
San Antonio, TX 78205
legal@mailgun.com
Mailjet SAS
13 – 13 bis Rue de l’Aubrac
75012 PARIS
Your data is stored in our secure data centers located exclusively in the European Union, with Google Cloud Platform in Frankfurt (Germany) and St. Ghislain (Belgium).
https://www.mailjet.com/gdpr/mailjet-first-esp-iso-27001-and-gdpr-certified/
https://www.mailjet.com/dpa/
https://www.mailjet.com/gdpr/

Preely use: Email sending service

Preely Security

Preely by TestLab ApS has developed a platform for testing prototypes, which can be accessed by logging into app.preely.com (the ‘Preely Platform’). All users that create tests on the platform are hereafter referred to as ‘Designer’. Users that only participate in tests are hereafter called ‘Participant’.

Confidentiality and security

A Designer is a person who creates, executes and analyzes tests. A Designer creates a profile on app.preely.com. A test participant is a person who participates in a test.

You as a Designer own the projects and prototypes you have developed yourself. All data (test results) created while testing your own prototypes on the Preely Platform is treated with complete confidentiality and is not shared with third parties.
To the extent that the Preely Platform allows you (as a Designer) to write, upload, post or in any other way share information, images or other data with Preely by TestLab ApS, you agree that you are solely responsible for any content that you upload, and you declare and agree that you will not share anything which you do not have the permission or right to share.
All our pages run on SSL-encrypted websites (https), and we have designed the software with high security and great care in order to prevent unauthorised persons gaining access to data.

Your Personal Information

When you sign up as a Designer with us, app.preely.com logs you in automatically using your email address. This makes it easier for you as you don’t have to create and remember a login identifier. The use of your email address for login also allows app.preely.com the chance to email you a new password in case you forget or lose your old one.

We request personal information when you (Designer) sign up to participate in the app.preely.com services, request information about services or correspond with us or engage in certain other activities through our Web pages. You make the decision whether to proceed with any activity that requests Personal Information. If you do not wish to provide the requested information, however, you may be unable to use our services.

Anyone using app.preely.com warrants and promises that they are 13 years of age or older. Preely by TestLab ApS does not intend to collect personally identifying information from anyone under the age of 13. If you are under the age of 13 we ask that you do not use this web service.

We won’t sell your personal information to anyone. There might be one exception in the event that Preely by Testlab itself is sold. In this case we would transfer your personal information to our buyers so that they could continue to provide the same great app.preely.com service.

We won’t sell personal information that links the anonymous data we collect to you. There might be one exception in the event that Preely by TestLab ApS itself is sold. In this case we would transfer your personal information to our buyers so that they could continue to provide the same great Preely by TestLab ApS service.

www.preely.com may disclose to authorized law enforcement personnel the personal data from anyone who poses a threat. This might include those that are attempting to commit fraud or those who conduct activities that could bring harm to others. We assume that this is not you so please don’t worry.

European Union
When you visit www.preely.com we may store information about your web session and assign you one or more ‘cookies’. Your browser will store these cookies on your computer in a small text file. For example, when you decide to login as a www.preely.com member, we store encrypted information in your browser so you don’t have to login on every page.

Permanent cookie files remain on your computer’s hard drive until you delete them manually using your browser or operating system software. You can enable your browser to refuse cookies, but doing so may disable access to some services and tools that we offer.

Our web pages may contain links to other sites. We do not share personal information with those websites and are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

To the extent that you do provide us with personal information, we wish to maintain accurate personal information. When we collect Personal Information from you on the Web, our goal is to provide a means of contacting us should you need to review, update or correct that Information. If for any reason those means are unavailable or inaccessible, you may send updates and corrections about your personal information by email to support@preely.com and we will make reasonable efforts to incorporate the changes in your personal information that we hold as soon as practicable.

By using www.preely.com, you consent to the terms of our Privacy Policy. www.preely.com reserves the right to modify this privacy statement at any time. If there are material changes to this statement on how Preely by TestLab ApS will use your personal information, we will prominently post these changes prior to implementing them. If you use our website after we post these changes, this indicates your acceptance of them. Regardless of later updates, we will follow the privacy practices described in this privacy statement at the time you provided us with your information.

We provide a number of ways for you to “opt-out” of receiving additional information from us or having us provide your personal information to our partners. We may offer you these choices at the time you give us your information. Users who no longer wish to receive our promotional communications may opt-out of receiving these communications by replying to an email communication and writing “unsubscribe” in the subject line in the email or by emailing us at support@preely.com

Data

Preely by TestLab ApS has no direct insight into or control over content or data which you use under the agreement. We therefore also disclaim all liability in this respect. However, we have technical access to your user account, and therefore have access to your data in theory. In this respect, we may be viewed as the processor under the legislation governing the processing of personal data. In this connection, we undertake to (1) comply with your written instructions concerning the processing of personal data, and (2) implement the necessary technical and organisational measures to protect personal data. We continually collect information on user behaviour as you and other users make use of www.preely.com and the Preely Platform. This data collection is anonymous and is for the purpose of optimising services and the way www.preely.com and the Preely Platform are organised.

Data Security
Preely by TestLab ApS must inform you of any breach of security without undue delay after becoming aware of an incident. At least once a year, we review all sub-processors terms and policies to ensure that they meet current standards, hereunder GDPR.

Minimum security requirements
Preely by TestLab ApS shall ensure that all of its sub-processors, at all times complies with the following minimum security requirements:

Availability
Preely by TestLab ApS does not guarantee any specific availability. The Preelyplatform is deployed with availability in mind. System source code is scanned with anti-virus tools on a weekly basis.

Integrity
All analytics data collected via user tests is delivered as is. After storage they cannot be altered. Regular backup is in place and all systems are protected by a strong access policy.

Confidentiality
Only Preely by TestLab ApS has access to the systems containing data. No data is ever to be handed for sub-processing or unsafe storage.

Transparency
All data remains at the platform. No additional procedures are in place, as this is out of scope of the current operations.

Intervenability
All data in the account owned by the Data Controller, can be deleted/edited by written request.

Portability
Data can be exported in standardized formats by written request.

Accountability
All personal data is only accessible at the management level. Authentications are logged and stored securely.

Data retention and deletion
Personal data is kept until the contract is terminated. When the contract is terminated, all data is securely deleted from all locations.

Physical security
All physical access is controlled by Amazon Web Services, Ireland. Amazon Data Processing Addendum.

Using Preely

You as a Designer and your Participants’ use of www.preely.com and the Preely Platform is entirely at your own risk, and it is your responsibility to ensure that your usage complies with applicable Danish law. You also accept that it is prohibited to:

a) Use www.preely.com and the Preely Platform for inappropriate or unlawful purposes, for publishing, sharing or disclosing any material which is defamatory, offensive, obscene or otherwise objectionable, for purposes that are in violation of the trust or confidentiality of any third-party rights, including copyright, trademarks or other intellectual property rights, or for purposes that are misleading, present fraudulent information about your identity or in any way suggest that you are sponsored by, affiliated with or a business partner of Preely by TestLab ApS.

b) Your login may only be used by one person – a single login shared by multiple people is not permitted.

c) Use or disrupt the Preely Platform in a way that could damage, disable, overload, impair or compromise our systems or security, or interfere with other users.

d) Introduce or transfer via the Preely Platform any disruptive computer program code, virus, denial-of-service or spam attack, worm, Trojan horse, permission key, licence check exploitation or software lock.

e) Reverse engineer, decompile or disassemble the Preely Platform or otherwise attempt to discover the source code, except and only to the extent that this action is expressly permitted by applicable law, which applies despite this prohibition.

f) Market, sell or otherwise distribute the Preely Platform, including software, logos, titles, audio files, figures or images, for commercial purposes, without prior written consent from us.

It is your responsibility to inform us of any changes to: address, telephone number, email address, CVR no. or other personal data linked to your account of relevance to payment etc.

Where you give us suggestions, comments, improvements, ideas or any other feedback, you thereby assign ownership and all intellectual property rights for this feedback to us, and you agree that we may use and share the feedback for any purpose we see fit.

Delete account
As a Designer, you can delete your profile at any time. You have full control of your data at app.preely.com. By signing in to your profile, you will be able to delete your account and data at app.preely.com

Test Panel Ownership
When conducting tests as a Designer using the Preely platform, test participants may be invited to join your Test Panel and are hereby owned by you. You have (as a Designer) fully control the test participant membership in your account.

Delete User Panel
As a Designer, you can delete your test panel and testers at any time. You have full control of your data at app.preely.com.

Disclaimer
While the Preely Platform has a high standard of data security, it is unfortunately not possible to guarantee complete security for data communicated to, from and via the Preely Platform. When data is transmitted and stored electronically, there is always a risk that others may gain unauthorised access to protected data. Preely by TestLab ApS disclaims all liability for any breach in data security. Preely by TestLab ApS is also not liable for any hacker attacks, viruses or other forms of force majeure.

Preely by TestLab ApS strives to ensure a high availability for the Preely Platform, but does not guarantee a specific uptime. It may be necessary due to technical factors, including security-related factors, to take the Preely Platform offline from time to time for brief periods. Attempts will be made to arrange planned maintenance of the Preely Platform such that it is always available on weekdays from 9:00 am to midnight, as far as possible, but an acute need to perform maintenance may arise within this interval, leading to reduced or no access. As far as possible, advance notice of planned updates will be provided via an email newsletter. You cannot raise any claims against Preely by TestLab ApS, including for repayment of your subscription, as a result of downtime.

Preely by TestLab ApS further disclaims any liability for operational disruptions caused by a breakdown or unavailable communication lines or other supply problems due to third parties, such as Internet service providers, power utilities etc. Preely by TestLab ApS is not liable for any failure to fulfil its obligations – including in the event that use of the Preely Platform is postponed, delayed or prevented – that is due to force majeure. Force majeure refers to matters outside Preely by TestLab ApS’s control and which Preely by TestLab ApS could not have reasonably foreseen when this contact was entered into. Examples of force majeure include unusual natural conditions, long case handling times by public authorities, war, terrorism, fire, vandalism, IT breakdowns, lack of sufficient labour force, flooding and labour disputes.

Preely by TestLab ApS cannot be held liable for any loss (including, but not limited to, lost profits, business interruption, loss of information or other indirect loss) resulting from the use of or inability to use the Preely Platform. This applies even if Preely by TestLab ApS has been informed of the possibility of such losses. Preely by TestLab ApS cannot be held liable for direct or indirect losses of any kind, either as damages in contract or tort. Preely by TestLab ApS cannot be held liable for the content of the Preely Platform or parts thereof, including in relation to, but not limited to, errors or omissions contained therein, libel, violation of the rights of publicity, protection of personal data, trademark rights, business interruption, bodily injury claims, invasion of privacy, moral rights or the disclosure of confidential information.

Preely by TestLab ApS disclaims liability for any actionable acts a test person (whether assigned by Preely by TestLab ApS or not) may perform in connection with work on your behalf, and liability for any cover/compensation in connection with any illness or occupational injury.

Payment, Refunds, Upgrading, and Downgrading Terms

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. You can buy monthly or annually.

Monthly
As a Preely monthly paid account, you are automatically charged once a month. Your subscription is charged at the beginning of your billing cycle and can take several days to appear on your account. If your billing date is scheduled for a day that does not occur in every month (for example, the 31st), you will be billed on the last day of that month instead.

Annually
As a Preely annually paid account, you are automatically charged once annually. Your subscription is charged at the beginning of your billing cycle and can take several days to appear on your account.If your billing date is scheduled for a day that does not occur in every month (for example, the 31st), you will be billed on the last day of that month instead.

Cancel your subscription
If you cancel your subscription, you can continue to use Preely until your account automatically downgrades to our Freemium account at the end of your current billing period. You will not be charged again unless you restart your Pro,Team or Enterprise account. An upgrade from the free plan to any paying plan will end your free trial. The service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your service may cause the loss of content, features, or capacity of your account. Preely does not accept any liability for such loss.

Cancellation and termination your account
You are as a Designer solely responsible for properly canceling your account by emailing support@preely.com. All of your content will be immediately deleted from the service upon cancellation. This information can not be recovered once your account is canceled. If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Preely by TestLab ApS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the ervice, or any other Preely service, for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Preely by Testlab ApS reserves the right to refuse service to anyone for any reason at any time.

Hired Participants

Hired Participants are a digital service and sales are final. Once you have purchased Hired Participants you are not eligible for a return, refund, or exchange.

Preely by TestLab ApS has no direct insight into or control over content or data which you use under the Hired Participants service. We therefore also disclaim all liability in this respect.

Preely by TestLab ApS disclaims all liability for any breach in data security. Preely by TestLab ApS is also not liable for any hacker attacks, viruses, or other forms of force majeure.

Preely by TestLab ApS disclaims liability for any actionable acts a hired participant (whether assigned by Preely by TestLab ApS or not) may perform in connection with work on your behalf and liability for any cover/compensation in connection with any illness or occupational injury.

Preely by TestLab ApS further disclaims any liability for operational disruptions caused by a breakdown or unavailable communication lines or other supply problems due to third parties.

Test participant

NDA (non-disclosure agreement) as a participant with a Preely profile
When you as a test participant set up a test participant profile via app.preely.com (the ‘Preely Platform’) and Preely by TestLab ApS, you enter into the following non-disclosure agreement concerning confidential information (the ‘Information’) that you as a test participant person have or will receive from Preely by TestLab ApS. The information is given in the form of subsequent documents, prototypes etc.

You agree as a test participant to share your test results and your personal data with those who invite to participate in the completion of the test.

You undertake to ensure that the Information remains inaccessible to unauthorised persons and that there is no risk that unauthorised persons might become aware of it.

You are not entitled to use the information in any way other than for the intended purpose.
Preely by TestLab ApS is entitled, at any time, to obtain details on how you are protecting the information from unauthorised access.

You undertake to not disclose the information to any collaboration partner or employee, etc., except to the extent this is clearly necessary or reasonable under the given conditions. Before you disclose the information to others in such cases, they must be instructed on its confidentiality and must sign a non-disclosure agreement.

You must obtain Preely by TestLab ApS’s prior written consent before the information may be wholly or partly disclosed to any party other than those referred to above. You are not permitted to copy the Information.

You are liable to pay damages to Preely by TestLab ApS for any losses resulting from a breach of this agreement. You are also liable in damages for any breach of the agreement by a third party to whom you have wholly or partly disclosed the Information.
Any dispute regarding this agreement must be heard by the ordinary courts of law in the inventor’s home country and in accordance with that country’s laws.

Leave the test panel
Should you change your mind, you can always leave the test panel. To leave the panel, simply click “Unsubscribe from this panel” in the invitation email or use the “Leave panel” link in the sign up email.

Delete data
When you unsubscribe, your personal data is deleted automatically, and will no longer appear as part of test results nor in the test panel.

The effective date of this privacy policy is june 10th, 2021.

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