Privacy Policy

1. Introduction
Test Gear Limited (hereinafter as ‘’TestGear’’, “we”, “us” or “our”) is committed to the privacy and secure processing of the personal data it processes in regard to the provision of the testing development tool (hereinafter as “Service”), as well as the various social media and platforms for its Customer(s) / User(s) or any other data subject who may use our Service, in an open and transparent manner. We are also committed to the collection and processing of this personal data in full compliance with the General Regulation on the Protection of Personal Data of the European Union (Regulation 2016/679) (hereafter referred to as "the Regulation") and the legislation in force in Cyprus that governs the collection and processing of Personal Data of Individuals (Law 125(I)/2018). Thus, we have developed this Privacy Policy that governs the collection, use, disclosure, transfer, storage and disposal of any personal data.
Please read our privacy practices carefully to understand our policies regarding your data and how we treat it and do not hesitate to contact us for any questions.

2. Our role under the Regulation
Under the Regulation, TestGear is the Data Controller or might be joint Controller, for all the personal data it maintains and processes.
As a Data Controller, TestGear in specific cases
is allowed to collect, maintain and process the personal data of all customers and collaborators.
As a Data Processor, TestGear shall process personal data as per the means and purposes defined by the Data Controller.


3. How are Personal Data Collected

This privacy policy applies to Data we collect:
· directly from you
· directly from you through your Personal Account(s) in Twitter, LinekdIn, Facebook, Instagram, or through your Telegram and/or Whatsapp
· through third parties in the standard course of the business we do in order to provide you with the service you requested
· through our Company website
· through our associates and collaborators.

4. Types of Personal Data Collected

We collect and use several types of data for the individuals we co-operate with, including Data by which subjects may be identified ("Personal Data" means any Data relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person), such as your first and last name, identity number, e-mail address, address and province, contact number, education details and training records, employment Data, financial and / or banking Data, photographs and videos, as well as other Data related to cookies, online identifiers, demographics and other (online) contact Data, etc, always in regards to the relationship we have with you.

Further to other media of collection, we collect and use the following:
· Data that you provide by filling in forms, in particular at the time of first contact with us.
· Data when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
· Employment data when you have an employee relationship with us or contact us through email for an employment opportunity
· Records and copies of your correspondence (including e-mail addresses)

5. Purposes for Which We Use Your Personal Data

In general, we might process your personal data for following purposes:
· Provision of services: to provide you with the services for TestGear developing toolkit;
· Customer management: to manage your account, to provide you with customer support and with notices about your account and about changes to the product or services we offer to you;
· Advertising: following explicit consent to communicate with you about products or services that may be of interest to you;
· Functionality and security: to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement;
· Compliance: to enforce our Terms and Conditions and to comply with our legal obligations as these derive from the applicable laws or our regulators;
· Public functions: in the exercise of official authority such as public functions and powers that are set out in the Law and/or to perform a specific task in the public interest that is set out in law.
· for any other purpose with your consent.
6. Disclosure of Your Personal Data
We do not share your Personal Data with third parties except as indicated below:
· Affiliates. We share of Personal Data with our affiliates to the extent this is necessary for the purposes of provision of services, customer management, customization of content, advertising (if you have consented) security and compliance, or to the extent you have provided your consent.
· Service providers. We use and work with third party service providers and our trusted Business Partners to provide application development, hosting, website, infrastructure, maintenance, backup, payment processing, customer relationship management, marketing, accounting, human resources, business intelligence and analytics, data enrichment, customer support and other services for us. These service providers may have access to or process your information for the purpose of providing those services for us. Please note that some of our third parties may be located in countries which may be outside of your location. We have taken all reasonable steps to ensure that they comply with the current data protection regulations.


We also disclose your Personal Data to other third parties, including official authorities, courts, or other public bodies:
· In response to a subpoena or similar investigative demand, a court order or other judicial or administrative order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; to comply with applicable law or cooperate with law enforcement, government or regulatory agencies; or to enforce our Website terms and conditions or other agreements or policies; or as otherwise required by law (including responding to any government or regulatory request). In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
· To the extent a disclosure is necessary in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to maintain and protect the security and integrity of our Service or infrastructure.
7. How We Store Your Personal Data
To bring you TestGear Services we operate both within the European Economic Area (EEA) and also outside the EEA. In order to do so, your personal information may be transferred to, and processed in countries other than the country you live in, outside of your home country. These countries may have laws different to what you’re used to. Rest assured, where we disclose personal data to a third party in another country, we put safeguards in place to ensure your personal data remains protected.

Where your personal information is transferred outside the EEA, it will only be transferred to countries that have been deemed to provide adequate protection for EEA information, or to a third party where we have approved transfer mechanisms in place to protect your personal information – i.e., by entering into the European Commission’s Standard Contractual Clauses.

8. Retention of Personal Data
We generally retain your information only as long as reasonably necessary to provide you the Services or to comply with applicable law.

However, even after you cancel your account, we can retain copies of information about you and any transactions or Service in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to resolve disputes, to address problems with our Service, to assist with investigations, to enforce our Terms and Conditions or other applicable agreements or policies, or to take any other actions consistent with applicable law.

For further Data regarding specific retention period please contact us at dpo@test-gear.io.

9. Legal Bases for Collection, Use and Disclosure of Your Personal Data
There are different legal bases that we rely on to collect, use and disclose your Personal Data, namely:
· Consent: We will rely on your consent to use (i) your Personal Data for marketing and advertising purposes; (ii) your Personal Data for other purposes when we ask for your consent and for which the purpose of the process does not relate to the service we offer to you.
· Performance of contract: The use of your Personal Data for purposes of providing our Service, customer management and functionality and security as described above is necessary to perform the services provided to you under our Terms and Conditions and any other contract that you have with us.
· Compliance with legal obligation: We are permitted to use your Personal Data to the extent this is required to comply with a legal obligation to which we are subject.
· Protection of your vital interests: The processing of your Personal Data is necessary to protect your vital interests, if you are physically or legally incapable of giving consent.
· Protection of our legitimate interests: The processing of your Personal Data is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data, in particular where the data subject is a child.
10. How We Protect the Security of Your Personal Data
We take appropriate security technical and organisational measures (including physical, electronic and procedural measures) to safeguard your Personal Data from unauthorized access, unlawful use, intervention, modification or disclosure under the requirements of the Regulation.

11. Automated Decision-Making, Including Profiling
None of our processes is based on automated decision-making, nor profiling.

12. Children’s use of the services

Test-Gear.io website is not directed to individuals under 16 (For Cyprus citizens is under 14). We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us at dpo@test-gear.io.

13. Choices About How We Collect, Use and Disclose Your Personal Data
We strive to provide you with choices regarding the Personal Data you provide to us.
You can choose not to provide us with certain Personal Data, but that may result in you being unable to use certain services.

When you register with us, you may be given a choice as to whether you want to receive email messages, news or advertising material about product updates, improvements, or containing special distributions of content by us. If consented yet later on you decide you no longer want to receive commercial or promotional emails or news from us, you will need to avail yourself of the unsubscribe mechanism set out in the applicable communication. It may take up to thirty days for us to process an opt-out request. We may send you other types of transactional and relationship communications via email and/or social media platform messages (Twitter, Facebook, LinkedIn, Instagram), and/or other platforms such as Telegram and/or Whatsapp, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them as these will related directly to your relationship with us.

If you provided Personal Data, you may terminate your relationship with us at any time as per the provision of the between us agreement or engagement. If you choose to do so, your Personal Data will be deleted in accordance with our retention policy.

Subject to the provisions of the General Data Protection Regulation - GDPR, you have the following rights in regard to your Personal Data: (Please note, these rights are not absolute and, in some cases, they are subjected to conditions as defined by Law):
1. Right of Access – You have the right to access your own Personal Data, as well as the right to request a copy of your personal data that is maintained and processed by our company.
2. Right of Rectification - You have the right to request the correction of any incomplete and / or inaccurate personal Data we hold for you.
3. Right to Erasure - You have the right to request the deletion of personal Data only if one of the following reasons is true:
(i) Personal Data are no longer necessary in relation to the purposes for which they were collected or processed.
(ii) If the processing is based on your consent and you have withdrawn this consent (on which processing is based) in accordance with Articles 6.1.a and 9.2.a of the Regulation and if no other legal basis, for processing, applies.
(iii) If you object to processing in accordance with Article 21.1 of the Regulation and there are no compelling and legitimate reasons for processing.
(iv) If personal Data have been processed illegally.
(v) If personal Data should be deleted in compliance with a legal obligation under EU law to which our company is subject to.
(vi) If the personal data have been collected in relation to the provision of referred to in Article 8.1 of the Regulation.
4. Right to Object - You have the right to oppose the processing of your Personal Data at any time and for reasons related to a specific situation, unless there are compelling legitimate reasons for processing that override your interests, rights and freedoms.
5. Right to Restriction of Processing - You reserve the right to request the restriction of processing on your Personal Data so that we may no longer process the specific Data until the restriction is lifted (for example, the data have been corrected).
6. Right to Data Portability - You have the right to request the transfer of your personal data, that you have provided to our company. These data will be given to you in a format that is structured, widely used and machine readable and, in certain cases you may also have the right to request for us to send the Data to another organization, provided that such a transfer is technically feasible.
7. Right to Object and Automated Individual Decision-Making (Including Profiling) - You have the right to request that we do not make any decision, regarding you, solely on the basis of automated processing, including profiling, only in the case that this decision has legal or significant consequences on you.

If you have any questions in regard to the kind of personal data we hold for you, or if you want to exercise any of your personal data rights, please send a written request to the email dpo@test-gear.io or to our postal address provided at the bottom of this Privacy Policy. However, we reserve the right to reject any requests for access or for imposing restrictions or other claims if required or permitted by the law.

14. Changes to Our Privacy Policy
We may modify or revise our privacy policy from time to time. Although we may attempt to notify you when major changes are made to this privacy policy, you are expected to periodically review the most up-to-date version found at our website https://test-gear.io/ so you are aware of any changes, as they are binding on you.

If we change anything in our Privacy Policy, the date of change will be reflected in the “last modified date”. You agree that you will periodically review this Privacy Policy and refresh the page when doing so. You agree to note the date of the last revision to our privacy policy. If the “last modified” date is unchanged from the last time you reviewed our Privacy Policy, then it is unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review our Privacy Policy, and you agree to the new ones. By continuing to use the Website subsequent to us making available an amended version of our Privacy Policy in a way that you can easily take notice of it, you thereby consent to such amendment.
15. No Rights of Third Parties
This privacy policy does not create rights enforceable by third parties or require disclosure of any Personal Data relating to users of the Website.

16. No Error Free Performance
We do not guarantee error-free performance under this privacy policy. We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. We shall not be liable for any incidental, consequential or punitive damages relating to this privacy policy.

17. Contact Data
If you have any questions about this privacy policy or our Data-handling practices, please contact us at dpo@test-gear.io. You may also contact us at Test Gear Ltd, 71 Limassol Ave., 4th floor, 2121 Nicosia, Cyprus, Telephone Number: +357 – 22473000.

Submission of a Complain: If you feel that your concerns in regard to the use of your personal data or any of your data protection rights have not been address by us, you have the right to contact us at dpo@test-gear.io and submit a complain. You also have the right to submit a complaint with the Personal Data Protection Commissioner’s Office, http://www.dataprotection.gov.cy.


Last Modified date: 6 September, 2022