Standard Terms and Conditions for Online Placement Tests

Preamble

• These standard terms and conditions for Online Placement Tests (the "Terms") shall exclusively apply, save as varied by express agreement accepted in writing by both parties.
• inlingua International Ltd. ("inlingua") offers Online Placement Tests ("Placement Tests") provided to users (the "User"). The Terms govern what the Placement Tests are and how they are delivered. Additionally, the Terms govern the privacy of the data submitted by the User to obtain the Placement Tests.
• For services booked, to be delivered and/or delivered at a local inlingua center (the "Center"), the general terms & conditions of the Center apply.

1. Access to Placement Tests

1.1. Place of performance

The use of the Placement Tests takes place exclusively online. The User has a free choice of location to complete the Placement Tests.

1.2. Use of Placement Tests

To access the Placement Tests, the User must register as described on the inlingua website (the "Website").

inlingua cannot be held responsible in any way in the case of difficulty in accessing the Placement Tests if the User does not have the minimum technical requirements as described on the inlingua Website at her/his disposal.

2. Confidentiality - protection of personal privacy

inlingua complies with the European Union General Data Protection Regulation (officially Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural person with regard to the processing of personal data and on the free movement of such data, the "GDPR") and the Swiss Data Protection Act (the "DPA") which regulate the processing of personal data within the European Union and Switzerland.

inlingua will make all reasonable efforts to ensure that the Placement Tests made available to the User meet technical standards and security norms. To safeguard the confidentiality of the User's personally identifiable information, inlingua and its partners utilize sophisticated security techniques and procedures, including: daily security and vulnerability scans, software audits, firewalls, and data encryption (Secure Socket Layers). inlingua makes every effort to protect that data against loss and unauthorized access.

In general, inlingua cannot be held responsible for any direct or indirect damage, accidents, compensation by way of sanction, secondary damage, particular damage or any other prejudice whatsoever, in particular damage incurred as a result of loss of use or data relating to the use of the Placement Tests, nor delays relating to the use of the internet site or the impossibility of using the internet site.

Despite these security procedures and practices, as is the case with all computer networks connected to the Internet, inlingua cannot guarantee the security of the User's personal information or any other information provided over the Internet and will not be responsible for breaches of security.

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, inlingua cannot guarantee its absolute security.

3. Protection of Children's Information

inlingua is committed to protecting the privacy of children. This and all of inlingua's Websites are general audience sites and not designed or intended to attract children under the age of 18. inlingua does not knowingly collect or solicit personal information from any person inlingua actually knows is under the age of 18, nor does inlingua send them requests for personal information, unless inlingua first obtain permission from that child's parent or legal guardian.

4. Registration

When registering online, the User agrees to provide true, accurate, up-to-date and complete personal information as required in the registration form. In particular, the User agrees not to create a false identity.

The rights of access to and use of the Placement Tests are strictly personal and non-transferable.

When the User is asked for personal information, the requested information is necessary for the performance of inlingua’s Placement Tests. In particular inlingua respects the User's privacy and does not sell, rent or trade the User's name or personal details to other organizations with the exception of transmission to the Center chosen by the User at the beginning of the Placement Tests or use them for marketing purposes. When the User is asked for personal information for further purpose(s), inlingua will do so only if the User has given consent to the processing of his or her personal data or inlingua will inform about the basis of the lawfulness of processing.

User's name, last name, company, e-mail, phone, country, city, , native language and self-assessment will be posted in the User's profile (if provided), which will be available only to the administrator or a company supervisor.

inlingua uses the collected information to:

(i) Deliver the Placement Tests (including identification and authentication);

(ii) If requested, contact the User by inlingua or the Center chosen by the User at the beginning of the Placement Tests about her/his use of the Placement Tests,

(iii) Generally improve the content and functionality of the Placement Tests and the Website

(iv) Enforce the Terms;

(v) Manage inlingua’s business.

The User can ask to delete her/his data by contacting inlingua's customer support or the Center.

5. Who inlingua Shares The User’s Information With

inlingua may provide the User’s personal information to companies that provide services which are necessary for inlingua to deliver the Placement Tests. These companies are authorized to use the User's personal information only as necessary to provide the relevant services to inlingua.

inlingua provides the User's personal information to the Center chosen by the User at the beginning of the Placement Tests if requested by the User when registering online.

inlingua may also disclose the User's personal information as required by law, such as to comply with a subpoena, or similar legal process and/or when inlingua believes in good faith that disclosure is necessary to protect inlingua's rights, protect the User's safety or the safety of others, investigate fraud, or respond to a government request.

If inlingua is involved in a merger, acquisition, or sale of all or a portion of its assets, the User will be notified via email and/or a prominent notice on inlingua's Website of any change in ownership or uses of the User's personal information, as well as any choices the User may have regarding her/his personal information.

inlingua may also disclose the User's personal information to any other third party with the prior consent of the User.

inlingua keeps information only for as long as it needs it to provide the Placement Tests, manage its business or as required by law or contract. Where the User has a contract with inlingua, inlingua will retain the User's data for the duration of the contract, and will further retain the information for a time period of time consistent with inlingua's legal or regulatory responsibilities, after the termination of the contract to resolve disputes, enforce the Terms, and to adhere to the technical and legal requirements and constraints related to the security, integrity and operation of the sites.

6. Use of Cookies

Portions of this Website use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on a computer, to help the Website analyze how Users use the site. The information generated by the cookie about the use of the Website (including IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the use of the Website, compiling reports on Website activity for Website operators and providing other Services relating to Website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the IP address with any other data held by Google. The use of cookies may be refused by selecting the appropriate settings on the browser. By using this Website, the User consents to the processing of her/his data by Google in the manner and for the purposes set out above. The User can deactivate Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on: https://tools.google.com/dlpage/gaoptout?hl=en

7. Log Files

As is true with most websites, inlingua collects certain information automatically and stores it in log files. This information includes internet protocol addresses as well as browser, internet service provider, referring/exit pages, operating system, date/time stamp, and click stream data. Occasionally, inlingua may connect personal data to information gathered in inlingua's log files, as necessary to improve the Services. Otherwise, inlingua mostly uses this information with no connection to individual Users, to analyze trends, administer the Website, or track usage of various features within the Website.

8. Enforcement

inlingua will continuously monitor its privacy practices and continued compliance with the GDPR, the DPA and the Terms.

9. User’s Right

The User has the right to obtain confirmation on whether inlingua is using his/her personal data. The User therefore has the right to access his/her personal data, correct inaccurate data or request its deletion when the data is no longer necessary for the purposes for which it was collected.

The User will be entitled to ask inlingua:
• For access to a copy of his/her personal data
• To correct, erase or restrict the processing of his/her personal data
• To transfer the information he/she has provided under contract or consent to another organization
• To stop the processing of his/her information, by withdrawing his/her consent.

If the User believes that his/her data protection rights have been infringed, for instance:
• excessive amounts of his/her personal data are being collected;
• he/she has been refused access to his/her personal data;
• he/she has been refused the right to rectify inaccurate or incomplete personal data;
• he/she is refused the right to block or erase inaccurate or irrelevant personal data;
then the User is entitled to lodge a complaint with a competent supervisory authority.

10. Changes to the Privacy Policy

If inlingua makes any material changes to the Terms, inlingua will notify the User by email or by posting a prominent notice on the Website prior to the change becoming effective. inlingua encourages the User to periodically review this page for the latest information on inlingua's privacy practices.

11. Contact inlingua

For questions regarding these Terms or about the privacy practices, the User may contact inlingua at: inlingua International Ltd, Belpstrasse 11, CH-3007 Bern Switzerland, Tel.: +41 (0)31 388 77.

12. Protection of Intellectual Property

The User hereby agrees that inlingua is the sole owner of the inlingua teaching materials as well of as the Placement Tests and that the same, at all times, shall be and remain in the sole and exclusive property of inlingua. The User does not acquire any right, title, interest or claim of ownership in such inlingua Placement Tests by reason of using inlingua's Placement Tests. The User agrees not to record and publish the Placement Tests.

13. Law and jurisdiction

These Terms shall be governed by and construed in accordance with Swiss law.

Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Berne/Switzerland.