Version

Last updated: July 31, 2018

Subject of the contract

The stated General Terms of Use and Sales Conditions aim to define the uses and sales methods for the services and products provided by Profil4. The user (client) acknowledges having read and have fully accepted them.

Pricing

Unless otherwise indicated, the prices of our products are stated in Euros including tax, but excluding potential processing and shipping fees.

When ordering from outside of mainland France, the user (client) is considered to be an importer of any products they purchase.

For products shipped outside the European Union and the French overseas departments and territories, the amount of tax due will be automatically calculated according to French rates. Customs duties, local taxes, import taxes or state taxes may be applied. These duties and amounts are not the responsibility of Profil4. They are to be paid by the client, who is entirely responsible as regards both declarations and payments to the competent authorities and bodies in the country concerned.

The site administrators reserve the right to modify product prices at any time, but they will be invoiced according to the rates applicable at the time of ordering.

Ordering

Contractual information is presented in French and will be subject to a confirmation summarizing it when an order is validated.

Users declare they have acknowledged and accepted the present General Terms of Use and of Sale before placing their order. Submitting an order thus implies acceptance of these General Conditions.

Profil4 does not sell material products (T-shirts, cards etc.) in large quantities. As a result, Profil 4 reserves the right to refuse orders for a single product in excessive quantities. What is considered ‘excessive’ is left up to the judgment of Profil4 administrators.

If any order is refused at Profil4’s initiative, the user will be reimbursed of all charges with no cost.

Shipping

Our products are only manufactured, shipped and/or available once payment has been received.

The credits purchased on the profil4.com site are available for use as soon as your bank has approved your payment. This generally takes a few seconds.

Material products (T-shirts, cards etc.) are manufactured on demand. They are shipped as soon as they are available. Shipping times depend on delivery services. Orders which have not been shipped one month after payment can be cancelled with no penalty.

Payment

Validating an order commits the user to paying the price indicated. Payment may be completed using any of the means accepted by Profil4 and indicated during the payment process.

Our banking partner responds without delay*. Payments by credit card or PayPal are debited immediately and automatically. The conditions according to which these appear on a given user’s bank account depend on their banking contract. Profil4 and ICAUDA do not intervene in this process.

Electronic payments made as part of transactions carried out on the profil4.com site are secure, thanks to SSL encryption. Profil4 uses the Braintree solution provided by Braintree for all such payments.

(*) The time it takes for automatic processing depends on the user’s Internet connection speed. It may take a few seconds. Once the process is complete, a confirmation page will be displayed.

Right of withdrawal

In accordance with the legal provisions in force in France, the user (client) has 14 days from the date of delivery to exercise their right of withdrawal without having to give any reason or incurring penalties. After communicating their wish to exercise their right of withdrawal within the 14 day period, the user (client) has a further period of 14 days to send back the products concerned. When a user exercises their right of withdrawal within 14 days, only the price of the products purchased and the shipping costs are reimbursed: return shipping fees are at the user (client)’s own expense. Returned products must be in their original condition and completely intact (packaging, accessories, instructions for use etc.), allowing them to be resold as new, and accompanied by a copy of the invoice. If the product has been damaged due to handling other than what is necessary to ascertain the nature and functioning of the product, the user (client) may be held liable. In accordance with current regulations, the right of withdrawal may not be exercised for audio or video recordings or for software programs unsealed by the client ; for tailor-made or personalized products (T-shirts or cards including a logo, for example); or for products unsealed by the client that cannot be sent back for reasons of hygiene or health protection. To exercise their right of withdrawal, in accordance with the legal provisions in force in France, the user (client) must send their request by e-mail to the address contact@profil4.com or use our contact form. Their request must express their desire to withdraw unambiguously and mention the order concerned by their withdrawal. Users are reminded that used products as well as used credits cannot be reimbursed. Only unused products or credits entitle the owner to a reimbursement. Products provided free of charge (or belonging to another user), including credits, cannot give rise to any form of reimbursement. Beyond the 14 day legal limit, a fee of 45€ inc. tax may be charged for processing fees when a reimbursement is requested.

Protection of minors

The user (client) declares that they are an adult according to the law in force in their home country. Accounts set up by or for minors may be deleted without warning. Purchases made by or for minors, credits in the possession of minors or test results or archives concerning minors may be deleted without any warning or compensation (including reimbursement).

Intellectual property

Reproduction in whole or in part of the different elements used on the profil4.com (media, texts, images, videos, visuals, products, formulae, algorithms) without explicit written permission from the administrators is strictly prohibited.

The images, texts, programs, pictograms, color codes and other elements present on our site are protected by intellectual property rights. Reproduction in whole or in part of our site and its contents by any means, without explicit permission from our organization, is prohibited and would constitute an infringement of copyright under Articles L335-2 et seq. of the French Code of Intellectual Property.

It is, however, recognized that the elements presented on our Media page are on license from Creative Commons BY ND SA. The right holder authorizes any use of their original work (including for commercial purposes) except the creation of derivative works, as long as they are distributed under an identical license to the one presiding over the original work.

Algorithms

The user (client) acknowledges that the algorithms used by Profil4 generate the most pertinent results possible given the information and data provided. It is understood that DISCp4 tests deal with human psychology. As such, it is also understood that the pertinence of results can vary from one person to another.

The user (client) declares they will respond in good faith to the questions and forms which make up DISCp4 tests, respecting the instructions given at the start. The user (client) recognizes that not respecting the instructions, or giving incorrect responses, can cause the algorithms to provide partially or entirely inaccurate results.

Profil4 reserves the right to modify any given algorithm without warning, particularly in order to improve performance and results.

The user (client) agrees not to short-circuit or skew the algorithms in order to extract, understand, alter, penalize, malign or pirate their mechanisms. Any attempt to break this rule may lead to the user (client)’s account being definitively closed, their archived results or profile management data being erased and their credits being cancelled without any form of reimbursement.

The user (client) acknowledges that repeated, excessively frequent use of the tests by one person will be considered an attempt to pirate the profil4.com web-sites’ algorithms. Exceptional circumstances aside, it is understood that somebody’s DISCp4 profile remains relatively stable over time. Taking three DISCp4 tests of the same type in less than a week thus constitutes excessive use.

The user (client) acknowledges they have been informed that certain features and tools included on the site are free of charge in their non-guaranteed beta version. These beta features may be incomplete, potentially incorrect, and subject to change. The user (client) understands that complaints about beta features will not give rise to compensation of any kind.

Confidentiality

Once an order is validated, Profil4 collects certain pieces of information and personal data from the user (client), such as their first and last name, e-mail address and cell phone number, among others.

In accordance with the Data Protection Act of January 6, 1978, the profil4.com site has been officially registered with the CNIL (French Data Protection Agency) under the number 1891979.

User (client) information and data is necessary to manage orders and commercial relations. It is also kept on file for security purposes and in order to respect legal and regulatory obligations under data protection legislation.

Data of this type is used to process and track user (client) orders, as well as to deal with withdrawals where necessary.

The user (client) information and data collected during tests is necessary for the profil4.com site to function correctly and particularly for it to generate personal and team profiles.

Test information and data is shared with test managers. The manager of DISCp4 ESSENTIAL and DISCp4 PLUS tests is the user themself. Since the DISCp4 PRO and DISCp4 GROUP tests aim to gain a team-wide view, it is understood that the user and the test manager will generally be two different people. In this case, the user agrees that the results of their tests, sometimes in the form of graphs, will be shared with the test manager as well as the group/team* to which they belong. Users accept that such information and data will be combined with those of their team/group, particularly in order to generate team graphs.

The user (client) can, whenever they decide to, authorize Profil4 to e-mail them newsletters, particularly concerning future events and promotional offers. If at a later date, they no longer wish to receive Profil4 information, the user (client) may unsubscribe.

The user (client) acknowledges the confidential nature of any DISCp4 tests allocated to people they manage (team/group/recruitment). They agree not to make these results public in any context which is in contradiction with the intended use of the product.

It is understood that the user (client) will use their DISCp4 results in a confidential and anonymous fashion, particularly in order to establish, communicate and exploit statistics.

By making an order on behalf of their company or by taking DISCp4 tests on behalf of their company, the user (client) authorizes Profil4 to add said company to their client list. This authorization also applies to the company logo. It concerns only communicational and promotional purposes. The user (client) can, however, refuse to grant authorization by e-mailing us at contact@profil4.com or using our contact form.

(*) Members are allocated to groups/teams by the test manager.

Delegation

Les résultats des tests DISCp4 ont pour objet d’améliorer les rapports entre les personnes et les équipes, en fournissant des pistes de gestion des conflits et d’optimisation de la communication, adaptées aux interlocuteurs.

L’utilisateur (client) déclare qu’il utilise les services de Profil 4, et notamment qu’il effectue les tests DISCp4, sans contrainte. De même, l’utilisateur (client) reconnaît qu’il ne peut pas contraindre une personne à utiliser les services de Profil 4, et notamment à effectuer un test DISCp4.

Ainsi l’utilisateur (client) reconnaît qu’il ne peut pas conditionner l’obtention d’un emploi, d’une mission, ou d’un avantage au passage d’un test. Il est également admis que les résultats des tests DISCp4 ne peuvent pas conditionner l’évolution d’une carrière, le recrutement d’une personne, l’obtention d’un avantage ou d’une pénalité, etc.

L’utilisateur (client) déclare qu’il propose/affecte des tests DISCp4 à des personnes sans contrainte d’aucune sorte, aussi bien sur lui-même que sur autrui. L’utilisateur (client) déclare agir dans le bien des personnes et des équipes/groupes auxquels il propose d’effectuer des tests DISCp4.

Web hosting and SLAs

The web-site, contents, tests and tools provided by Profil4 are hosted in France by the OVH company. The user (client) acknowledges that Profil4 cannot be held responsible if one of these elements malfunctions or if date is lost owing to a problem with OVH infrastructure.

The user (client) agrees that the services provided by Profil4 may be temporarily unavailable or function in a sub-standard fashion without any possible form of compensation.

Instructions for use

The user (client) declares they have acquainted themselves with the instruction manuals provided by Profil4 and their contents. These include (among others) the group manual, the Pro test manual, the group list manual etc.

The user (client) declares they have understood the way the different tests and tools provided (either free or for a charge) function. The user (client) acknowledges that Profil4 may not be held responsible if they use any of these tests or tools incorrectly.

GDPR

The user (client) acknowledges that Profil4 will collect personal data as part of the legitimate operation of the web-site and the services on offer. This data will be saved on the secure servers of the OVH company in France.

In accordance with regulations, the user (client) has the right to access and correct their records, which they can do by e-mailing us at contact@profil4.com or using our contact form.

The user can ask for their personal data to be erased by e-mailing us at contact@profil4.com or using our contact form.

The user (client) recognizes they have been informed that they may legitimately exercise their rights. The user (client) acknowledges that the tests Profil4 provides cannot function without the input of personal data. The user (client) recognizes that they have been informed that erasing their personal data will necessarily invalidate the results of any associated tests without any possible form of compensation.

The user (client) acknowledges they have been informed that this concerns their own tests, the tests they have allocated to others and the tests allocated to them. The user (client) recognizes that third parties to whom they allocate tests may also exercise their right to erase personal data, likewise invalidating the results of any associated tests without any possible form of compensation.

The user (client) recognizes they have been informed that Profil4 and partners have put into place the computer techniques available at their level, and which may require improvement, to protect their personal data.

Legal information

Profil4 is a product of the ICAUDA company.

ICAUDA
15 rue Berthier - 91330 YERRES (FRANCE)
E-mail: contact@profil4.com
Limited liability company with a capital of 5,000 € - RCS Evry 523 825 982
French VAT identification number : FR6752382598200011

Miscellaneous

In accordance with articles 1316 et seq. of the French Civil Code and, in certain cases, article L. 110-3 of the French Commercial Code, the information delivered by Profil4 is considered valid between the parties. Elements such as the precise time elements are sent out or delivered, as well as the quality of the data received, shall be valid by priority as they figure on Profil4’s information systems, or as they have been authenticated by Profil4’s computerized procedures, unless the user (client) produces written proof to the contrary. The scope of the proof of the information delivered by Profil4’s computerized systems is the same as that granted to an original in the sense of a written, paper document, signed by hand.

Confidentiality charter

CNIL (French Data Protection Agency) declaration

In accordance with the Data Protection Act of January 6th, 1978, the profil4.com site has been officially registered with the CNIL (French Data Protection Agency) under the number 1891979 since September 30, 2015.

Data

The information collected is processed by computer and used to establish statistics and improve our service. The only data recipients are the service administrators.

Test results are confidential and will not be used for personal gain or for marketing purposes. They will be neither sold nor yielded.

According to the Data Protection Act of January 6, 1978, the user (client) has the right to access and correct their records, which they can do by e-mailing us at contact@profil4.com or using our contact form.

The user (client) can also, for legitimate reasons, refuse for their data to be processed.

Security

All pages and media which are part of the profil4.com web-site are secure. We have chosen SSL encryption*. Our site and all of our media can only be viewed in HTTPS. Any attempt to view them in simple HTTP will be redirected to secure HTTPS access.

Passwords are encrypted before being saved. It is not possible to unmask a password after it has been encrypted. Users who have lost their password must reset it using the appropriate form.

Please check our FAQ to learn more.

Cookies and JavaScript

The profil4.com web-site uses cookies. The user acknowledges they have been informed of and accept this.

Said cookies are used exclusively to improve user experience. They are not used to collect data about users or their practices.

The profil4.com web-site uses partial JavaScript code. Some features, such as the shopping cart, cannot function correctly without cookies. Disabling cookies and JavaScript can cause the site to malfunction. Profil4 cannot be considered responsible in this case. The user may, however, delete cookies after leaving our site without causing any problems.

Please check our FAQ to learn more.

Illustrations

The illustrations used on the profil4.com web-site are subject to copyright. They have been provided on license by Creative Commons BY ND SA. The right holder authorizes any use of their original work (including for commercial purposes) but does not authorize the creation of derivative works, as long as they are distributed under an identical license to the one.

In other words, the user (client) can use the illustrations presented on the Media page in their publications as long as they avoid modifying them and make sure to quote their sources and inform Profil4 administrators by e-mailing us at contact@profil4.com or using our contact form.

The user may not copy illustrations not displayed on our Media page in their publications.

Cookies

En utilisant ce site, vous acceptez l'utilisation de cookies permettant le fonctionnement des outils et des services. Consultez les FAQ et les CU pour en savoir plus.

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