Terms and Conditions & Privacy Policy

Last updated: May 20, 2025

Welcome to TestMonkeys. This document outlines our Terms and Conditions and Privacy Policy, which govern your use of our website (testmonkeys.io) and services.

1. Introduction

TestMonkeys is a brand of Bad Kitty Production S.R.L. (referred to as "TestMonkeys," "we," "our," or "us"), a limited liability company registered in Romania. We are committed to protecting your privacy and ensuring you have a positive experience on our website. This policy explains how we collect, use, disclose, and safeguard your information when you visit our website or engage our services.

By accessing or using our website, you agree to the terms outlined in this document. If you do not agree with our policies, please do not access or use our website.

2. Information We Collect

2.1 Information You Provide to Us

We collect personal information that you voluntarily provide to us when you:

• Fill out the contact form on our website
• Email us directly
• Request information about our services
• Engage with us to provide consulting services

This information may include:

• Your name
• Email address
• Phone number
• Company name
• Information about your project or requirements
• Any other information you choose to provide

2.2 Information Automatically Collected

When you visit our website, certain information is automatically collected, including:

• IP address
• Browser type and version
• Operating system
• Referring website
• Pages you view on our site
• Time and date of your visit
• Time spent on those pages

2.3 Cookies and Tracking Technologies

We use cookies and similar tracking technologies to track activity on our website and to hold certain information. Cookies are files with a small amount of data that may include an anonymous unique identifier.

Types of cookies we use:

• Essential cookies: Required for the website to function properly
• Analytical/performance cookies: Allow us to recognize and count the number of visitors and see how visitors move around our website
• Functionality cookies: Used to recognize you when you return to our website
• Targeting cookies: Record your visit to our website, the pages you have visited, and the links you have followed

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our website.

3. How We Use Your Information

We use the information we collect for various purposes, including to:

• Provide, operate, and maintain our website
• Improve, personalize, and expand our website and services
• Understand and analyze how you use our website
• Develop new products, services, features, and functionality
• Communicate with you about our services, including responding to inquiries
• Process transactions and send related information including confirmations and invoices
• Send you technical notices, updates, security alerts, and support messages
• Prevent fraudulent activities and respond to trust and safety issues
• Comply with legal obligations

4. Legal Basis for Processing Personal Information (EU/EEA residents)

If you are from the European Economic Area (EEA), our legal basis for collecting and using your personal information depends on the specific information concerned and the context in which we collect it.

We may process your personal information because:

• We need to perform a contract with you
• You have given us consent to do so
• The processing is in our legitimate interest and not overridden by your rights
• To comply with legal obligations

5. Data Retention

We will retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

6. Your Data Protection Rights Under GDPR

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. TestMonkeys aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal information.

Your rights include:

• Right to access: You have the right to request copies of your personal data.
• Right to rectification: You have the right to request that we correct any information you believe is inaccurate or complete information you believe is incomplete.
• Right to erasure: You have the right to request that we erase your personal data, under certain conditions.
• Right to restrict processing: You have the right to request that we restrict the processing of your personal data, under certain conditions.
• Right to object to processing: You have the right to object to our processing of your personal data, under certain conditions.
• Right to data portability: You have the right to request that we transfer the data we have collected to another organization, or directly to you, under certain conditions.

To make such a request, please contact us using the contact information provided below.

7. Analytics

We use third-party analytics services, such as Google Analytics, to evaluate your use of the website, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information related to our website. These third parties use cookies and other tracking technologies to perform their services.

You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout.

8. Data Transfers

Your information, including personal data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside Romania and choose to provide information to us, please note that we transfer the data, including personal data, to Romania and process it there. Bad Kitty Production S.R.L. operates under Romanian and European Union data protection laws.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

TestMonkeys (Bad Kitty Production S.R.L.) will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

9. Disclosure of Your Information

We may disclose your personal information in the following situations:

• Business Transfers: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred as part of that transaction.
• To Affiliates: We may share your information with our related entities.
• To Business Partners: We may share your information with our business partners to offer you certain products, services, or promotions.
• With Your Consent: We may disclose your personal information for any other purpose with your consent.
• Legal Requirements: If required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
• To Protect Rights: If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of TestMonkeys, our customers, or others.

10. Security of Your Information

We use administrative, technical, and physical security measures to protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

11. Third-Party Websites

Our website may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

12. Children's Privacy

Our website is not intended for use by children under the age of 16. We do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the address below.

13. Service Terms

13.1 Services

TestMonkeys (Bad Kitty Production S.R.L.) provides quality assurance consulting services, including but not limited to test automation framework setup, performance testing, QA process analysis, training, technical interview consulting, and process optimization. Our services are available to clients globally, subject to applicable laws and regulations.

13.2 Fees and Payment

Fees for our services are established on a project-by-project or hourly basis as agreed upon in a separate agreement. Unless otherwise specified, all fees are quoted in Euro or USD and are exclusive of any applicable taxes. As a Romanian limited liability company, invoices will include VAT for Romanian clients and EU clients without a valid VAT number, in accordance with Romanian fiscal legislation.

13.3 Intellectual Property

Any intellectual property developed as part of our services will be addressed in specific client agreements. Unless otherwise agreed in writing, TestMonkeys retains ownership of pre-existing methodologies, frameworks, and tools used in providing services.

13.4 Confidentiality

We agree to maintain the confidentiality of all proprietary information shared with us during the course of providing services. Clients agree to similar confidentiality regarding our methodologies and business practices.

13.6 Governing Law

These Terms shall be governed and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13.7 EU Clients

For clients based in the European Union, these Terms do not affect any mandatory consumer protection rights that cannot be contractually altered or waived under the law of the country where you are habitually resident.

13.8 International Clients

We offer our services to clients worldwide where it is legally permissible to do so. When engaging in cross-border business, both parties agree to comply with all applicable import, export, and sanctions laws and regulations, including those of Romania, the European Union, and the jurisdiction where the client is located.

We may update our Privacy Policy and Terms and Conditions from time to time. We will notify you of any changes by posting the new policy on this page and updating the "Last updated" date.

You are advised to review this policy periodically for any changes. Changes to this policy are effective when they are posted on this page.

15. Contact Us

If you have any questions about this Privacy Policy or Terms and Conditions, please contact us:

• By email: contact@testmonkeys.io
• By visiting the contact page on our website

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