Assessly B.V. Terms of Service

Assessly B.V. Terms of Service

Last updated December 2023

Introduction

Welcome to the services provided by Assessly B.V., located at Edammerstraat 20, 1023 VB Amsterdam, Netherlands (referred to as “Assessly”, "we", "us", or "our"). These Terms of Service ("Terms") constitute a legal agreement between you ("Customer", "you", or "your") and Assessly and govern your use of our services through brght.com. By accessing or using our services, you agree to be bound by these Terms and represent that you have the authority to bind the Customer to this agreement.

License and Access

Assessly grants you a limited, non-exclusive, non-transferable license to use our services for internal business purposes, subject to these Terms and applicable fees.

Access to services is provided for a specific number of test-taking individuals ("Candidates") as defined in your service agreement.

Affiliates' use of services requires Assessly's prior written consent and is subject to these Terms.

Service Provision

Our services are designed for commercial use only and are provided in accordance with these Terms, applicable laws, and our security protocols.

We reserve the right to modify or update services, notifying you of significant changes.

Account Management

To use our services, creating an account with accurate and current information is required.

You are responsible for maintaining the confidentiality and security of your account.

User Conduct

You agree to use our services lawfully, adhering to these Terms, and not for any unauthorized purposes.

Prohibited activities include unauthorized reproduction or distribution of our services, violation of laws, or engaging in harmful conduct.

Suspension and Termination

We may suspend or terminate your access for breach of these Terms, illegal activities, or security threats.

You remain responsible for fees incurred up to the point of suspension or termination.

Maintenance and Changes

Services may be temporarily unavailable due to maintenance, with efforts made to inform you of such downtimes.

We retain the right to modify service features, ensuring no material reduction in functionality.

Trial and Beta Services

We may offer services on a trial or beta basis, which are provided "AS IS" without warranties and may be subject to change.

Fees and Payment

Fees are based on the service plan chosen and are billed per the agreed billing cycle.

All payments are non-refundable and exclusive of taxes and other charges.

Intellectual Property

All rights to the services and related intellectual property belong to Assessly.

Data generated by users remains their property; Assessly holds rights to aggregated or anonymized data.

Warranties and Indemnification

Both parties commit to comply with applicable laws.

Each party agrees to indemnify the other against certain types of claims as detailed in these Terms.

Confidentiality

Confidential information shared between parties will be protected and not disclosed without consent.

Term and Termination

These Terms are effective upon your acceptance and continue until terminated as per the provisions herein.

Termination by either party is subject to conditions outlined in these Terms.

General Provisions

Amendments: Assessly may update these Terms, with changes effective upon posting on our website.

Governing Law: These Terms are governed by the laws of the Netherlands, excluding the UN Convention on Contracts for the International Sale of Goods.

Notices: Communications should be in writing and sent to the provided contact details.

Registered Address: Assessly B.V., Edammerstraat 20, 1023 VB, Amsterdam, Netherlands. VAT: NL860514778B01, Registration: 76121224. Office: Kerkstraat 310, 1017HC, Amsterdam.

Assessly B.V. Candidate Terms of Service

Last updated Dec 2023

Introduction

Welcome to the services provided by Assessly B.V., located at Edammerstraat 20, 1023 VB Amsterdam, Netherlands (referred to as “Assessly”, "we", "us", or "our"). These Terms of Service ("Terms") constitute a legal agreement between you ("Customer", "you", or "your") and Assessly and govern your use of our services through brght.com. By accessing or using our services, you agree to be bound by these Terms and represent that you have the authority to bind the Customer to this agreement.

Eligibility

The services provided by Assessly B.V. are accessible only to individuals who are at least sixteen (16) years old.

Prohibited Actions

You are not permitted to:

  • Duplicate, modify, or reverse engineer any part of the Services.
  • Use the Services in violation of any law, or develop similar competing services.
  • Breach or bypass any security measures of the Services.
  • Upload or transmit harmful or illegal material through the Services.
  • Assist others in performing any prohibited actions.
Assessment Conduct

Candidates must complete assessments independently without assistance. You may be requested to redo an assessment in a supervised setting to verify the validity of your results. Sharing assessment content or answers with others is strictly prohibited.

Data and Privacy

Your personal and assessment data will be handled in accordance with our Privacy Policy. You consent to the use of your data for assessment purposes and, where applicable, for improving our services.

Account Security

You are responsible for maintaining the confidentiality of your account information. Notify us immediately of any unauthorized use of your account.

Assessment Integrity

We reserve the right to invalidate assessment results if misconduct or cheating is suspected. Attempts to manipulate or falsify assessment results will lead to disqualification and possible legal action.

Feedback and Reporting Issues

We encourage you to provide feedback on the assessment experience. Report any technical issues or concerns during the assessment promptly for resolution.

Limitation of Liability

Assessly B.V. is not liable for any direct or indirect damages resulting from your use of the Services, except as required by law.

Changes to Terms

These Terms may be updated periodically. Continued use of the Services after changes indicates acceptance of the new Terms.

Registered Address: Assessly B.V., Edammerstraat 20, 1023 VB, Amsterdam, Netherlands. VAT: NL860514778B01, Registration: 76121224. Office: Kerkstraat 310, 1017HC, Amsterdam.

Assessly B.V. Privacy Policy

Last updated December 2023

Assessly B.V., a Dutch limited liability company registered with the Trade Register of the Chamber of Commerce under no. 76121224 (“Assessly”, “we,” “us” or “our”) is committed to protecting and respecting your privacy. This privacy policy (“Privacy Policy”) explains how we collect, use, share and protect data that identifies or is associated with you (“personal data”) in relation to our website brght.com including the services offered on such website (the “Platform”), and your choices about the collection and use of your information. Assessly operates an employee and applicant (“Candidates”) testing platform that allows employers and customers (“customers”) to instruct Candidates to take aptitude, personality and skills tests through the Platform. Our Privacy Policy applies to all visitors, users, and others who access the Platform (“Users”). In order to use our testing platform Assessly needs to process certain personal data of its Users. This Privacy Policy applies to all acts of processing of personal data where Assessly acts as a controller in the sense of the General Data Protection Regulation (“GDPR”). Before accessing or using the Platform, please ensure that you have read and understood our Privacy Policy.

What kind of information do we collect?

Information we collect when you use our platform:

Please find below the types of personal data we may require from you and which we process in order to provide our services on the Platform:

Type of User: Candidate

Personal data includes full name, e-mail address, username and password, demographic data (optional), IP address, career-related information (e.g., education, job history), answers to test questions and communications between you and us.

Type of User: Customer

Personal data includes full name, e-mail address, username and password, demographic data (optional), IP address, communications between you and us, and subscriptions/preferences.

In some cases, you may provide personal data to us about other people (such as Candidates). You must ensure that you have given those individuals appropriate notice that you are providing their information to us and have obtained their consent to that disclosure.

For what purposes do we use your personal data?

We use your personal data for various purposes such as service provision, communication, website monitoring, platform optimization, managing suppliers, easy access, statistics, development, and benchmarks.

Our legal grounds for using your personal data

We process your personal data based on consent, performance of contractual relationships, legal obligations, and legitimate business interests.

With whom do we share your personal data?

We share your information with customers, test authors, suppliers, and as required by law.

Safety and security

We take measures to protect your personal data using the latest technologies. You also play a role in maintaining the security of your data.

Your Rights

Under the GDPR, you have rights such as access, correction, erasure, restriction, portability, and objection to the processing of your personal data.

Third-party applications, websites, and services

We are not responsible for the practices of third-party applications, websites, or services linked to or from our Platform.

How long do we keep your data?

We retain your information as long as necessary to provide services and comply with our legal obligations.

Where will your information be held?

Your information will be held on servers in the European Economic Area and may be transferred to other jurisdictions under certain conditions.

Children

Our Platform does not knowingly collect personal data from children under 16. We take steps to prevent this and will remove such data if discovered.

Changes to this Policy

We may update our Privacy Policy periodically. Changes are effective when posted on this page.

How to contact us

If you have any questions about this Privacy Policy, please contact us.