Terms and conditions of use

 last update, November 20, 2023 (v1.4)

 We invite you to read these General Terms and Conditions of Use (GTCU) carefully, whose acceptance and observance are necessary for you to be able to use the features we offer.

PREAMBLE

To facilitate the reading of these T&Cs, we will refer to the "tested4you Service" or the "Service" as the video-sharing system enabled by the mobile application we offer for download ("the Application").

More specifically, thanks to this Service, our members can share videos of up to 30 seconds about places they guarantee to have visited (restaurants, hotels, bars...), activities they guarantee to have done (museums, monuments, theme parks...), or any good deals they guarantee to have tested (car rental companies...).

The tested4you service is the exclusive property of tested4you ("We"), a simplified joint stock company with capital of 105,000 euros, headquartered at 78A rue principale 68440 BRUEBACH, registered with the Mulhouse trade and companies register under number 830 206 736, and with VAT number FR11 830206736.

tested4you also publishes a website http://www.tested4you.com/ ("the Site") which enables us to inform you about the Service and the Application.

While the tested4you site is accessible to all visitors, use of the Application requires you to register, free of charge, by creating an account and accepting the present TCU. The registration procedure is described below.

By registering, you become a "Member" of the tested4you community. Only adults can be tested4you Members.

The TCU set out the rules applicable to the use of tested4you, which you undertake to respect by accepting them as a Member. Please read them carefully.

In accordance with the law, we also inform you that, pursuant to article L. 342-1 of the French Intellectual Property Code, we prohibit the downloading of all or a quantitatively substantial part of all or part of the Service by any means, and in particular by the use of robots or any other automatic extraction process.

If necessary, tested4you can be reached by e-mail at contact@tested4you.com .

1. TESTED4YOU SERVICES

• Presentation of the Application

 We provide you, via the Application, with a platform that allows any private individual (our "Members") to broadcast video content, possibly followed by a brief description of the video broadcast, and to view those broadcast by other Users.

 These videos are used to tell the story of a Member's experiences at a tourist attraction, leisure event, hotel or restaurant, or any similar experience.

Any Member can "like" a video, thus enhancing the attractiveness of the location filmed. They can also "follow" another Member, be "followed" by them, and help the tested4you community to thrive, both on and off the Application.

Your videos are published as soon as you send them to us. They are available to other Users until your account is closed (for more details, please read our Privacy Policy).

The publication of videos may be monetized in accordance with article 4 of these TCU.

When you download the Application, you must accept these T&Cs and the Privacy Policy. This is a condition of using the Application. If you do not wish to accept the T&Cs or the Privacy Policy, you will not be able to open a Member account, and therefore not be able to view or broadcast videos on the Application.

Promotional content may appear on the Application. In accordance with applicable regulations, such content may be clearly identified as such.

The Application is available on the Apple Store and Google Play.

• Site presentation

The Site allows us to keep you informed about the tested4you Application and Service, to announce new features, and in short, to complete the Application by bringing the tested4you community to life.

The person responsible for the publication of the Site is Mr Axel Mazerolles. The Site is hosted by [Google Cloud Storage and Google Firebase Host].

2. ACCESS TO THE SERVICE

 In order to access the tested4you service, you must have the appropriate hardware (smartphone, tablet, etc.) and an Internet connection. The communication protocols used are those in use on the Internet.

 Access to the tested4you Service itself is free of charge for Members, but the costs of accessing and using the telecommunications network, such as the costs associated with the use of remote communication technology, remain at your expense, according to the terms set by your access provider and telephone operator.

 Access to the Service also requires the creation of an account. The Application allows the creation of two types of account, each associated with specific services:

• the Member account, reserved for people wishing to use the Services to share their experiences and benefit from the experiences of other The

Partner account, reserved for companies wishing to create an account to share videos about their company, to which the Partner GTC apply.

For the purposes of this document, any of these accounts will be referred to as User accounts, with the term User referring to both Members and Partners.

3. CREATING A MEMBER ACCOUNT

Creating a Member account is free. You must be of legal age, which you certify by creating your Member account.

To create a Member account, which is required whenever you wish to view or share a video on the Application, you must complete the "Create my account" registration form. In this form, you'll need to enter your e-mail address and choose a password.

Your e-mail address must be permanent and valid, insofar as we need to use it to ask you to confirm the creation of your account, to implement the monetization of your videos if applicable, as well as to comply with our legal obligations and in particular to send you these TCU and the Privacy Policy, or to inform you of changes to these documents. We may also use it, if you so wish, to inform you of any new features we bring to the Service.

In your space, you can then choose your nickname, add the profile photo of your choice, indicate your tastes so that we can recommend experiences to you, etc.

In all cases, you undertake to provide us with up-to-date and accurate information.

 Your e-mail address, your pseudonym, your photo if it represents you, your preferences, as well as other information about you that may be present in the videos you may publish, are personal data. You can find all the information you need about why we collect your data, how we handle it and the security we provide in our Privacy Policy. Please read it carefully.

 With regard to your password, it is essential for the security of your data that you choose a complex password and ensure its confidentiality. To help you choose your password, you can visit the French National Police website, which offers several solutions.

 This password must be strictly personal and confidential, and must not be communicated or shared with third parties. We remind you that reusing the same password for different sites or services multiplies the risk of identity theft, as the lack of security on one site can affect the security of all others applying the strictest security rules.

 If you lose your password, please notify us as soon as possible at privacy@tested4you.com so that we can take the necessary steps, and in particular invalidate access to the tested4you service from this account.

 The authentication made possible by your e-mail address and password ensures that all actions carried out via the Service can be attributed to you. Therefore, in the event of loss of your authentication means, and as long as we have not been notified of this loss, you will remain presumed responsible for all operations carried out or content put online via this account.

 Any use of robots or any other method for the automated creation of a Member account or any other type of account on the Service is prohibited. Tested4you may delete or block any account that violates these Terms.

4. MONETIZATION

 You can receive remuneration in two cases:

•  You have taken part in an ephemeral "MISSION", details of which are given on a dedicated page on the Application, and you have fulfilled all the conditions set out on that page;

• You have sponsored a new Member who posts videos on the Application that meet a certain number of criteria.

 Only one tested4you account per individual can be monetized.

 Monetization conditions can vary: criteria for monetizable videos, amount paid per video posted, cumulative remuneration threshold above which you are paid, etc.

 Our "tested4you General Terms and Conditions of Payment" are available on the Site; the terms and conditions applicable at the time you publish the video always apply to payment for that video.

 In order to benefit from monetization, you must activate it on your Member account. To activate monetization :

• If you take part in a MISSION, you must meet all the conditions set out on the dedicated page;
• If you have sponsored another Member, your sponsored Member must have published at least three videos that comply with the monetization rules;
• You must click on the "Activate monetization" button, which will then be available;
• If the conditions are met, tested4you validates the monetization activation;
• All videos that comply with the monetization rules, even before activation, are then

 In order for us to be able to pay you your remuneration, we will ask you to send us a copy of a valid form of identification, in order to comply with our obligations with regard to the fight against money laundering and the financing of terrorism, as well as to ensure that you comply with these TCU with regard to the prohibition of the accumulation of remunerated tested4you accounts.

 Payment will be made in euros.

 For security and traceability reasons, payment can only be made via PayPal. If you wish to receive your winnings, you will need to create a PayPal account.

 You acknowledge and accept that you are responsible for all necessary administrative procedures, and in particular for the tax declaration of the income that you derive from monetization. In this respect, tested4you cannot be held responsible in the event of failure to meet your obligations.

 If one of your videos is monetized, you agree not to delete it (or, if applicable, to authorize tested4you to keep it online despite the deletion of your account) for at least two (2) years from the date it was put online.

 If you ask tested4you to remove the video before the end of this period, the removal will only be effective after the monetization associated with the video has been reimbursed.

 If one of your sponsoree's videos is monetized, you agree that he/she will not delete it (or, if applicable, that he/she will authorize tested4you to keep it online despite the deletion of his/her account) for at least two (2) years from the date it was put online.

 If your referral asks tested4you to delete it before the end of this period, the deletion will be effective, but we will ask you for a refund of the monetization associated with this video. In the absence of a refund, no new remuneration will be paid by tested4you, which also reserves the right to suspend your account.

5. RESPONSIBILITY

•  Your responsibility

 In general, you are responsible for :

 the proper functioning of your equipment, your Internet access and the equipment and services that you make available to the natural persons who represent you in order to use tested4you in your name and on your behalf;

• all damage, direct or indirect, of any nature whatsoever that may be caused by content that you have published on the tested4you Service;

You also undertake to hold all the rights necessary for the publication of the videos, and in particular the relevant intellectual property rights and image rights, and in general all the rights of the persons concerned by these videos, including all the rights they derive from legislation concerning personal data.

 We remind you that we do not check your content (videos, comments, etc.) before publication and that you remain solely responsible for any illicit content or comments posted online.

 More generally, you undertake to comply with the legal and regulatory provisions in force and in particular to refrain from (non-exhaustive list):

• usurp the identity of a third party;
• To intentionally publish false, erroneous or misleading content;
• To hinder access to the tested4you Service and/or the proper functioning of the tested4you Service in any way whatsoever;
• Publish content that infringes the intellectual property rights of third parties;
• Publish content that is racist, xenophobic, anti-Semitic, homophobic, Holocaust denying, pornographic, paedophilic, child pornographic or offensive to human dignity;
• To publish content inciting to violence, suicide, terrorism, the use, manufacture or distribution of illegal substances, or inciting to the commission of crimes or misdemeanors or glorifying them, particularly crimes against humanity;
• Publish content that is abusive, defamatory, disparaging, or that violates the privacy, image or personality rights of third parties, or that is contrary to public order, the law or public decency;
• To publish on the site hypertext links pointing to sites whose content would be contrary to one of these rules.

 Fraudulent access to or use of a computer system, obstructing or distorting the operation of such a system, or fraudulently introducing or modifying data in a computer system are all offences punishable by law.

 In the event of a breach of any of the above rules, we reserve the right to block your access and/or that of any other representative of your company to all or part of tested4you's services and functionalities, or even to temporarily or permanently remove access to your Member account, without any compensation and without prior notice. In addition, we may claim compensation for any loss we have suffered as a result of such conduct.

In the event of a complaint or claim initiated by a third party and addressed to us, due to information, publications or data originating from your company (and without prejudice to any withdrawal of publication of such content), you must immediately provide us with all explanations and supporting documents. In any event, you acknowledge that you will be liable to us and to any third parties whose rights may have been infringed by your company's content, for any loss or damage and for the consequences of your actions under applicable laws and regulations, including those involving criminal liability.

If you become aware of any behavior by one or more Users on the Service that is contrary to these rules, you may contact us at abuse@tested4you.com.

• Our liability

 We remind you that we do not verify the accuracy and veracity of the content (videos, comments, etc.) that our Users publish via the Service.

 We cannot therefore be held responsible for the non-conformity of any such content with the laws and regulations in force (consumer law, intellectual property law, press law, protection of personal data, etc.) or for its contravention of public morality or order.

 Likewise, we do not verify the content published by our Partners via the Service, which is under their own responsibility. We cannot therefore be held responsible for the non-conformity of any such content, and in particular for the non-conformity of any commercial offers made by them with the laws and regulations in force, or their contravention of good morals or public order.

 Similarly, as the Service may include information provided by external sites or links to other Internet sites that we have not developed or that we do not administer, we do not verify the reasonableness or timeliness, accuracy or completeness of the content of these sites. It is therefore your responsibility to use this information with discernment, it being understood that we cannot be held responsible for their content.

 We are in no way responsible for any decision to acquire a service resulting from content (and in particular a commercial offer) published on the Service, or for any consequences that may ensue.

 If any content is brought to our attention as being contrary to applicable laws and regulations, public decency, public order or the Members or Partners TCU, we undertake to examine said content and to remove it as soon as possible, if necessary.

 We use all reasonable means at our disposal to ensure quality access and constant availability of the Service (24 hours a day, 7 days a week), but are under no obligation to do so. We therefore reserve the right to interrupt or temporarily suspend access to the Service, without prior notice, in particular in order to carry out maintenance or in the event of force majeure, without the interruption giving rise to any right to compensation.

 We cannot be held responsible for any direct or indirect damage of any kind resulting from the use of the tested4you service. Similarly, we cannot be held responsible for :

• any malfunction of the network or servers or any other event beyond our reasonable control that prevents or degrades its access, as well as elements beyond our control and damage that may be suffered by your technical environment and in particular, your smartphones, tablets, software, network equipment and any other equipment used to access or use the Service;
• the use made by another User of the Service of the information published, the services available on the Service or your content.

6. PERSONAL INFORMATION

 We invite you to read our Privacy Policy, which details how we use the personal data we process.

7. INTELLECTUAL PROPERTY

• intellectual property of tested4you

 The design, form and content of the Service are our exclusive property. All elements that make up the Service, and in particular trademarks, logos, texts, data, drawings, graphics, photos, animations, sounds, computer codes, layouts, assemblies of all or part of an element of the Service, including downloadable documents, are and remain our property or that of our assignees, to the exclusion of Users' personal data and the content they publish on the Service.

 All content on the Application and Site (images, text, videos, databases, etc.) is subject to French and international intellectual property law (copyright, trademark law, database law, etc.). If you notice that elements published on the Service infringe copyright or other protected rights, please contact tested4you at abuse@tested4you.com.

 We only grant you permission to view the content of our Service on a personal and private basis, to the exclusion of any public viewing or distribution. Authorization to reproduce is granted only in digital form on your device (smartphone or tablet). Any other use (such as reproduction of trademarks and logos, extraction of all or part of databases, etc.) is prohibited without our express prior authorization.

• Your intellectual property

 You are and remain the sole owner of any rights to the content you publish via the Service under your sole responsibility.

 By publishing such content on the Service, you agree to grant tested4you a worldwide, non- exclusive, transferable, sub-licensable and royalty-free license to access, store, use, reproduce, adapt, publish and process the data published on the Service for the purpose of operating the services offered by tested4you.

 This license includes in particular:

•  the exclusive right to reproduce or have reproduced your content on any medium, in any format, by any process, the right to duplicate, print or record all or part of your content, in black and white or in color, on any medium, in particular paper, film, magnetic tape, computer media, both current and future, and in particular CD-ROM, photo CD, CD-I, DVD and DVD-ROM, USB key, hard disk and any other known or as yet unknown medium, in any format, that enable digitized data to be stored temporarily or permanently and content to be consulted offline or online via a remote and/or local computer connection, such as internal or external computer hard disks, memory cards and USB sticks, PDAs, smartphones, touch-screen tablets, e-readers, or any other current or future transmission method that does not require the sale of a medium but enables users to access content via public or private servers;

• the right to use any reproductions of your content for any purpose, and in particular for promotional purposes;

• the right to integrate all or part of your content and its elements with other literary, graphic, audiovisual, digital elements, ;

• the right to represent your content or have it represented in any language, in any country, in return for payment or free of charge, in full or in excerpts, by any means of distribution, whether on the Internet or by terrestrial, satellite, cable or any other means of broadcasting, telematic communication or telecommunication;

• the right to publish, distribute, edit or republish, market, grant or assign rights of use, rent or lend reproductions of your

We will not have the right to modify the content that you publish, nor to delete it insofar as it complies with these TOS.

You grant the same license to a Member who wishes to share your content on a third-party site (Facebook, etc.).

tested4you reserves the right to sub-license the content you publish on the Service to its Partners under conditions agreed with them. In the event that such a sub-license is concluded, the Partner must include your pseudonym.

8. RIGHT OF WITHDRAWAL, ACCOUNT CLOSURE

In accordance with the provisions of article L. 221-18 of the French Consumer Code, you may exercise your right of withdrawal within fourteen days of registering for the Service. Simply unsubscribe from the Service by clicking on the "delete account" link in the "my account" section.

You can also unsubscribe from the Service at any time by clicking on the "delete account" link in the "my account" section.

In this case, we will ask you to decide what will happen to your account information and the content you have published on the Service. In all cases, once your account has been deleted, this information and content will no longer be accessible to other Users, but you will be able to choose:

• either to make it permanently anonymous (or to delete it permanently if it cannot be anonymized, particularly in the case of videos),
• or to keep it on our servers in case, at a later date, you wish to return to tested4you and recreate an account in which your previous experiences could once again appear. In this case, we will keep your information and content for a maximum period of two years, at the end of which time, if you have not recreated an account with the same identifier as before, this information and content will be permanently anonymized or deleted.

 Furthermore, in the event of your account remaining unused for an extended period of time, it will be deleted by tested4you. As stated in our Privacy Policy, your account will only remain active for two years after your last connection to the Service. Therefore, if you do not use your user account for two years after your last connection, without deleting it, your personal information will be kept until this deadline.

 A few weeks before and at the end of this period, we will contact you again at the e-mail address you have given us, in order to ask you whether your account should be maintained or deleted.

In the absence of a response from you, all your information and content will be permanently anonymized or deleted.

 If, after anonymization and definitive deletion of your information and content, you still wish to use the Service again, you will need to create a new account and complete the registration process from the beginning.

9. CONTRACTUAL FRAMEWORK

 The contractual framework applicable to the use of the Service ("the Contract") consists of the following documents, listed in descending order of priority:

•  These TCU ;
• tested4you's Privacy

 In the event of contradiction between different documents, the higher-level document will prevail for the obligation in question.

10. FORCE MAJEURE

 In the event of a case of force majeure, the performance of the present Contract affected by the case of force majeure will be suspended until the case of force majeure disappears, without this suspension exceeding three (3) months.

 Force majeure is defined as events beyond the control of the parties, unforeseeable, insurmountable and rendering the performance of the present Contract impossible, as generally accepted by jurisprudence, such as fire, flood, epidemic, cyclone, earthquake, war (declared or not), insurrection, strike, transport difficulties, major equipment failures, irregularities or interruptions in the power supply or telecommunications services, acts of public authority preventing the performance of the Contract whether or not they occur within the party in question, any provision of a legislative or regulatory nature and more generally any act, whether legally binding or not, emanating from any competent authority preventing the performance of the Contract by the party in question.

 Neither party may under any circumstances be held liable for any non-performance and/or breach of the Contract resulting from an event of force majeure, and no damages or interest may be claimed from the other party in this respect.

 Should the case of force majeure last for more than three (3) months, the parties will consult each other to agree on the continuation, modification or termination of the Contract. Should negotiations fail after a period of thirty (30) days, the Contract will be terminated ipso jure.

11. DURATION - TERMINATION

 The Contract is an open-ended contract and applies to you for the duration of your use of the tested4you Service until the final closure of your Member account.

12. PROOF

 Pursuant to the provisions of the French Civil Code, you also acknowledge and agree that digital data recorded on servers belonging to us, or placed under our control and kept in reasonable conditions of security, will be considered as evidence of any use of a service or any other exchange (electronic messages, your connections to the Service, etc.) between us.

 These computer records are admissible under the same conditions and with the same probative force as any document that would be established, received or kept in writing and will be authentic between you and us until proven otherwise. In the event of contradiction between recordings, the recordings stored in our computer system will prevail.

13. VALIDITY OF CONTRACTUAL CONDITIONS

 If any provision of this Agreement is found to be invalid by any applicable law or court decision, such provision shall be deemed to be unwritten, without invalidating this Agreement or affecting the validity of the remaining provisions hereof.

14. NON-RENUNCIATION BY ONE OF THE PARTIES

 The fact that either party does not claim the application of any clause of the Contract or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that party of its rights under the said clause.

15. MODIFICATION OF THE TCU

 We reserve the right to modify and update the documents constituting the Agreement (T&Cs, Privacy Policy, etc.) as and when the functionalities we offer on the Service evolve. We will, of course, notify you of any such changes via the Service or by e-mail to the e-mail addresses you have provided.

 These will be applicable fourteen days after this information.

16. USE OF ELECTRONIC MAIL

 Pursuant to the provisions of the French Civil Code, you hereby agree that we may send you by e- mail any information required for the subscription or provision of a Service, as well as, more generally, any information sent in connection with the performance of the TCU and, more generally, of the Contract.

To do this, we will use the e-mail address(es) you have provided.

17. JURISDICTION AND APPLICABLE LAW

 The validity, interpretation and execution of these TCU are governed by French law.

 In the event of a dispute, we ask you to notify us in writing of the difficulty encountered, to our postal address: tested4you, 78A rue principale 68440 BRUEBACH, or to the e-mail address contact@tested4you.com. If you are not satisfied with the proposed solutions and the dispute concerns the subscription to one of our online services, you may have recourse to a conciliation or mediation service.

 In the absence of amicable agreement, any dispute shall be submitted to the exclusive jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or third-party claims.

 last update, November 19, 2023 (v1.1)

We would like to answer any questions you may have concerning the management of your personal information and to inform you of the measures we have taken to ensure the highest level of data protection. To this end, we have drawn up this policy.

Its purpose is to inform you about the processing we carry out, the personal information you wish to entrust to us, the reasons why we collect it and the security we ensure.

As a preliminary, we inform you that this Privacy Policy has been drafted in accordance with applicable law. In order to provide you with the utmost transparency and protection, we have included provisions that prove to be compatible with the principles stemming from the European General Data Protection Regulation no. 2016-679 of April 27, 2016, which came into force on May 25, 2018 (or "GDPR").

All capitalized terms not defined herein shall have the meaning given to them either in the General Terms of Use for Members or in the General Terms of Use for Partners.

1. General presentation

tested4you ("we" or "us") is a société par actions simplifiée (simplified joint-stock company) with share capital of 105,000 euros, headquartered at 78A rue principale 68440 BRUEBACH, registered with the Mulhouse trade and companies register under number 830 206 736.

In the context of the tested4you Service that we offer from the tested4you Application described in the General Terms of Use, we are, within the meaning of the RGPD, the "controller" of the personal data that you communicate to us when using this Service.

As a reminder, tested4you offers a Service through which our Members share videos of 30 seconds maximum concerning places they guarantee to have visited (restaurants, hotels, bars...), activities they guarantee to have done (museums, monuments, amusement parks...), or any good deals they guarantee to have tested (car rental companies...).

 Companies operating in the tourism and leisure sectors who would like to create an account to share videos about their business are tested4you Partners.

 This Privacy Policy applies to both Members and Partners ("Users" or "you").

2. Scope of this Privacy Policy

 This Privacy Policy applies to the information we collect from Members and Partners in the course of their use of the Service. Acceptance of this policy is required to access the Service.

 3. Collection information

 In order to provide you with the best possible service, we may ask you to provide us with personal information about yourself.

When we collect your personal data on tested4you, we will tell you which data must be completed with an asterisk (*), and which data is purely optional.

 We will then inform you of the possible consequences of failing to reply.

 Furthermore, when you choose to communicate your personal information to us, by filling in our ad hoc forms or by ticking the boxes or selecting the radio buttons proposed to you, you are expressly indicating your consent to the collection and use of this information in accordance with the legal rules and with the present confidentiality policy.

4. Type of data collected

The personal information we may collect is information that identifies you personally, such as, for example, information relating to :

• For all Users :

your identity: surname, first name and/or pseudonym, e-mail address, profile photo, for Partners possibly the identity and position of the person representing the company, etc. ;

your search terms;

your content and ad views and interactions; the content you have shared;

• For Members :
  • your tastes and preferences in terms of restaurants, activities, etc., which you enter in the Service ;
  • your geolocation, if you activate it ;

tested4you does not store User contacts on the tested4you server.

5. Data processing purposes

The purpose of the personal information you choose to give us is :

•  For the information that must be filled in, indicated by an asterisk (*), as well as for the terms you search for, the content you share and your views of content and advertisements, and your interactions with them: to provide you with the Service. This includes enabling you to create an account on the Application, which is essential for viewing and interacting with the content on the Application

• For geolocation: to encourage other Users to trust the reliability of the videos;

• For other information, in particular your tastes and preferences: to improve the Service by offering you the most suitable experiences for you;

• If you wish, we can send you our newsletter, so that we can keep you up to date with the latest developments in the Service;

• In general, to compile statistics on the use of the Service in order to develop new

Thus, the purpose of communicating your personal information is to manage your access to the services accessible on the Application and to guarantee you a use in accordance with your needs.

6. Recipients of this information

The personal information that you may provide may be consulted by our staff, as well as by all our subsidiaries, by the services in charge of control (auditors in particular) and also by our subcontractors within the strict framework of the purposes that we have presented to you in article 5 above.

Furthermore, in order to participate in the Service ecosystem, you are informed that the content you share may be transmitted to third parties, in particular to the Partner about whom a video has been made, so that it can be published on its website for promotional purposes.

7. Shelf life

As part of the services we offer, we may store content that users publish on tested4you, whether as Members or Partners. As French law requires us to retain the identification data of those responsible for publishing such content (IP address, date and time of connection, pages consulted, etc.), we will in any event retain Users' data for a period of one year in compliance with these requirements.

In addition, data used to establish proof of a right or contract that must be kept in order to comply with a legal obligation will be kept for the length of time stipulated by the law in force.

Subject to these reservations, your personal information will not be kept for longer than is strictly necessary. It will therefore be kept for the duration of your use of our services via your account, until such time as you close your account.

When you close your account, we will ask you to decide what will happen to your account information and the content you have published on the Service. In all cases, once your account is deleted, this information and content will no longer be accessible to other Users, but you may choose :

• permanently anonymize them (or permanently delete them if they cannot be anonymized, especially in the case of videos),

• or to keep them on our servers in case, at a later date, you wish to return to tested4you and recreate an account in which your previous experiences could appear again. In this case, we would keep your information and content for a maximum period of two years, at the end of which, if you have not recreated an account with the same login as before, this information and content will be permanently anonymized or deleted.

Furthermore, if your Member account remains unused for a long period of time, it will be deleted by tested4you. Thus, your Member account will only remain active for two years after your last connection to the Service: if you do not use your Member account for two years after your last connection, without deleting it, your personal information will be kept until this date.

A few weeks before this deadline, as well as at this deadline, we will contact you again at the e-mail address you have given us, in order to ask you whether your account should be maintained or deleted.

In the absence of a response from you, all your content and information will be permanently anonymized or deleted.

In this way, we irretrievably anonymize all data that can be anonymized, so that it can be used exclusively for statistical purposes (in particular, to analyze the frequency of use of the Service's functionalities). Data that cannot be anonymized, such as the videos you post, are permanently deleted.

In the case of data concerning deceased persons, unless tested4you has been informed, such data will be permanently anonymized or deleted, unless tested4you has been informed of special instructions.

8. Security and privacy

We have taken all appropriate organizational and technical measures, as well as all useful precautions to preserve the security of the information described above, in particular, against any accidental loss, deformation, alteration and against any unauthorized access, use, modification or disclosure. In this way, we ensure the integrity and availability of the data we process at all times.

To achieve this, we use rigorously selected specialist technical service providers, who ensure the security, protection, storage and retrieval of the data entrusted to them.

The contractual clauses binding us to these service providers have been drawn up with this in mind, to comply with the legal principles governing the hosting of personal data. Data is hosted within the European Union. Where processing is carried out by service providers located outside the European Union, guarantees have been taken: either the service providers are located in a country whose level of protection has been deemed adequate by the European Commission, or standard contractual clauses approved by the European Commission have been signed with these service providers.

From a technical standpoint, a set of strict and appropriate technical processes and devices enables us to :

• ensure restricted access to data through strict access control and authentication;

• prevent the possibility of data piracy;

• ensure effective encryption of this data, in particular during transmission using SSL encryption;
• guarantee the physical security of processed information. Information is stored on secure servers. Finally, on an internal level, we rely not only on an internal organization that specifically integrates the protection of personal data, but also on a strict contractual framework to ensure its effective Clauses in staff employment contracts have been strengthened in this respect.

9. Terms and exercise of rights

In accordance with Articles 39 and 40 of the French Data Protection Act of January 6, 1978, as well as the provisions arising from the RGPD, you have the right to access, rectify, update, limit, portability and delete your personal data.

You can exercise your rights by writing to tested4you, 78A rue principale 68440 BRUEBACH, specifying "informatique et libertés" in the subject line, or by e-mail, if possible, to privacy@tested4you.com.

As required by law, we will then be obliged to ask you for proof of identity in order to verify the identity of the owner of the data at the origin of the request.

In accordance with the provisions of article 38 of the aforementioned law, you may also refuse to allow us to process your data, subject to a legitimate reason. Simply contact us at the e-mail address given above.

In any event, we will do our best to answer any questions you may have concerning the processing of your personal data. Despite this, if you are not satisfied with the answers you receive, you may, if you wish, lodge a complaint with the CNIL in accordance with the procedures indicated on its website (https://www.cnil.fr).

Furthermore, we would like to point out that you yourself are required to comply with the aforementioned "Informatique et Libertés" law and the RGPD, the violation of which is punishable by criminal penalties. In the event, for example, that you wish to send us personal information on behalf of a third party, you must act in accordance with the law with regard to this data.

In particular, you must refrain from collecting or misusing any personal information to which you have access, and in general from any act likely to infringe the privacy or reputation of individuals.

10. Modification of the Privacy Policy

In the event that we make material changes to the content of this Privacy Policy, such changes will be announced by means of a notice prominently displayed on the Service and/or communicated to the e-mail address that you provided to us when you registered (or that you have since updated, as the case may be).

11. Use of social networks by Service Users

 Our Service may include application buttons, enabling users to share content from our Application or their opinions via social networks. These include "share", "like", "g+1" and "tweeter" buttons from social networks such as Facebook and Twitter.

As soon as you are connected on your terminal to the social network(s) concerned, such application buttons are able to identify you, even if you do not use them when consulting our site. In addition, if you interact with these buttons while connected to the social network(s), for example by clicking on the "Like" button or leaving a comment, the corresponding information will be transmitted to the social network and published on your profile. We invite you to consult the privacy protection policies of these social networks in order to learn about the purposes for which they may use the browsing information they may collect via these application buttons, particularly for advertising purposes.

 last update 26/02/2024(v15)

PREAMBLE

The tested4you application ("the Application") is the exclusive property of tested4you ("We"), a simplified joint stock company with capital of 105,000 euros, headquartered at 78A rue principale 68440 BRUEBACH, registered in the Mulhouse Trade and Companies Register under number 830 206 736, with VAT number FR11 830206736, available at contact@tested4you.com.

In the tested4you application, our members (the "Members") share videos of 30 seconds maximum about places they guarantee to have visited (restaurants, hotels, bars...), activities they guarantee to have done (museums, monuments, amusement parks...), or any good deals they guarantee to have tested (car rental companies...).

Use of the Application requires our members to register, free of charge, by creating an account and accepting the T&Cs and Privacy Policy.

The purpose of these video monetization terms and conditions is to define the terms and conditions under which we offer our Members the opportunity to earn money on the Application. As such, they specify and complete article 4 of the TCU.

You can receive remuneration in two cases:

•  You have taken part in an ephemeral "MISSION", details of which are given on a dedicated page on the Application, and you have fulfilled all the conditions set out on that page;
• You have sponsored a new Member who posts videos on the Application that meet a certain number of criteria.

 The MISSIONS system is open to all tested4you members, with the exception of employees of tested4you and its subsidiaries.

 The MISSIONS video monetization system is open to all tested4you Members, residents of France, or a country sharing a border with France, and North America, with the exception of employees of tested4you and its subsidiaries.

 To monetize a video as part of an assignment, your video must meet all the conditions set out on the associated "assignment" page.

 Payment can be made as soon as you reach €25.

 1.2 GOOD FAITH

 Tested4you reserves the right to check the accuracy of the information provided for the monetization of videos.

 If, after verification, disputed elements remain, payment validation may be refused.

 Any Member who uses the video payment system artificially may have his or her account suspended or even deleted by tested4you.

The purpose of these sponsorship terms and conditions is to define the terms and conditions under which we offer our Members the opportunity to encourage other people (individuals only) to use the Application.

 2.1 MEMBERS CONCERNED

 The sponsorship system is open to all tested4you members, residents of France, or a country sharing a border with France, and North America, with the exception of employees of tested4you and its subsidiaries.

 2.2 DETAILS

 To participate, the Member must invite people who are not yet tested4you Members to register on the Application.

 The invitation is made using the "Invite friends" button in the "Sponsorship" section of the Application.

 The number of invitations each Member can make is unlimited.

 The sponsored member who wishes to accept his sponsor's invitation must follow the link sent by his sponsor to download the Application. Once the application has been downloaded, the referral creates an account in accordance with tested4you's Terms and Conditions.

If the same person is invited by several Members, only one of these Members may become his/her sponsor. It is the author of the invitation whose link was followed by the sponsored person to download the Application who becomes his/her sponsor.

Payment can be made as soon as you reach €50.

 The "Video remuneration conditions" are available on the Site; the conditions applicable at the time when the sponsored member posts the video always apply to the remuneration of this video.

 2.3 BENEFITS

 Each time a sponsored member publishes a video that meets the criteria below, his or her sponsor

earns €1, up to a limit of 10 videos per sponsored member, i.e. €10 per sponsored member.

 The criteria for videos that can be monetized for the sponsor are as follows:

• Videos must test a product, service or location;
• Videos must be filmed in portrait format;
• Videos must be filmed live, and not uploaded to the Service after the fact;
• Videos must identify the product, service or location being tested;
• The product, service or venue tested must have a value (purchase price or entry fee) of at least €5 including tax;

• The product, service or place tested must not be a garment or a store;
• The videos must contain useful oral advice concerning either the quality or the price of the product, service or place tested;
• Geolocation must be activated and correspond to the product, service or location being tested;
• Only one video can be monetized per product, service or location tested;
• The video must be of good visual and auditory quality.

In order for the Referrer to benefit from his/her earnings, he/she must activate monetization in accordance with the GTC.

The sponsor acknowledges and accepts that he/she is responsible for all necessary administrative formalities, and in particular for the tax declaration of the income he/she derives from monetization. In this respect, tested4you cannot be held responsible in the event of the Sponsor failing to meet its obligations.

 2.4 GOOD FAITH

Referrals must be natural persons distinct from the inviting Members. Any invitation in which the sponsoree is in reality the same person as the inviting Member, intended to benefit artificially from the sponsorship system, is prohibited.

tested4you reserves the right to check the accuracy of the information provided by sponsors and godchildren, who must authorize all verifications concerning the validity of the sponsorship.

If, after verification, disputed elements remain, the sponsorship validation may be refused.

Any Member who uses the sponsorship system in an artificial way may have their account suspended or even deleted by tested4you.

 2.5 DURATION

 The sponsorship system is set up by tested4you for an indefinite period.

 The terms of the sponsor's remuneration can vary: amount paid per video posted by the sponsored child, cumulative remuneration threshold above which remuneration is paid, etc.

 We may terminate it at any time without notice. We cannot be held liable in any way whatsoever.

These general terms and conditions of remuneration form part of the contractual framework applicable to the use of the Application. Consequently, they are also subject to the TCU and the Privacy Policy.

In the event of contradiction between the various documents, the higher-level document will prevail for the obligation in question, in the following order:

•  TCU ;
• Privacy policy ;
• General terms and conditions of remuneration