Terms and Conditions of Service

This document was last updated on Jul 16, 2020.

1. Preamble

The CodinGame platform allows companies to source, evaluate and recruit talented developers.

The present Terms and Conditions of Service (hereafter referred to as the “TCS” or the “present”) are intended to govern the use of the Service by the Candidate via the Internet site https://www.codingame.com/evaluate (hereafter referred to as the “Site”) published by the company CodinGame, a limited company with a share capital of €53,545, registered with the Montpellier Trade and Companies Register under number 750 538 613, and 396 rue du Mas de Verchant – 34000 Montpellier.

The use of our Service implies prior consultation and acceptance of these general conditions. If you do not accept these TCS, we ask you not to access the Service. We recommend that you keep or print a copy of these Terms for your personal records.

2. Definitions

“Candidate” means any individual connecting to our Service, in order to take a computer programming test as part of a recruitment process, it being specified that the recruiter is a company independent of CodinGame;

“Code(s)” means computer program(s) written in a programming language;

“Content” or “Candidate Content” means the Codes and other responses provided by the Candidate in the course of using the Service;

“Personal Data” means any information relating to a natural person that makes it possible to identify him or her or make him or her identifiable, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an on-line identifier, or to one or more factors specific to his or her physical, physiological, economic, cultural or social identity;

“Score” means the grade expressed as a percentage, resulting from the number of points awarded to the Candidate according to the nature of the answers and the Code he or she submits.

“Service” means the testing solution proposed and developed by CodinGame in the context of recruitment processes.

3. Description of the Service

When one of our recruiting clients is interested in a Candidate’s profile, they enter the Candidate’s details on the CodinGame Site. The Candidate then receives by email an invitation to take an online test to evaluate his or her skills in a specific field generally related to the job of developer. This invitation contains a unique link specific to the Candidate. This link leads to the home page of the Site from which the Candidate can start the test.

This test is carried out directly online by the Candidate, via our Site, from his or her home or at the recruiter’s premises.

The tests consist of multiple-choice questions and/or open-ended questions and/or coding exercises. Candidates are given a time limit, which is announced at the beginning of the test, to answer all the questions/cases submitted to them.

The Candidate may decide to use his or her own development environment, but in this case, the Candidate must submit his or her answers in the online development environment on the Site in order for his or her work to be taken into account by the scoring system. Upon completion of the test, a Score is awarded to the Candidate.

Details about this Score:

• The number of points is assigned automatically.
• The answers provided for multiple choice questions are evaluated against the expected choices. In the case where more than one choice is expected, the Candidate obtains points only if he or she provides all the expected choices. Otherwise, the Candidate is given a score of zero.
• The answers provided for open-ended questions are evaluated by matching keywords or regular expressions.
• The Code created by the Candidate is tested with test cases that use the specifications of the statement associated with the problem. These test cases are different from the test cases provided in the statement to avoid cheating. However, they are directly related to the statement for each problem. The Candidate whose Code passes all the test cases on the platform’s servers obtains the maximum number of points. A Candidate whose Code does not compile or fails all test cases is given a zero score.

This Score is disclosed to the recruiter since the test is an integral part of the recruitment process that CodinGame offers to its clients.

The following are also addressed to the recruiter:

• The source Code
• The time spent solving each case
• Passing or failing the test cases defined for each problem
• The number of points associated with each question and test case
• The ranking of the Candidates who have taken the test

4. Access conditions and security

To be able to access our Service, the Candidate must have been invited by one of our recruiting clients.

The Candidate must have an Internet connection and a computer to access our Service.

The Candidate is solely responsible for the use of his or her computer equipment. It is recommended that the Candidate implements technical measures in order to secure his or her Internet access against any attack or virus.

CodinGame cannot be held responsible for the defectiveness or the possible malfunctioning of the telephone lines, the Internet network and the equipment used.

For its part, CodinGame has implemented state of the art security measures to ensure safe access to its Service.

5. Obligations of the Candidate

Use of the Service is strictly personal.

The Candidate agrees not to use cheating, trickery, identity theft, or any other technique aimed at modifying his or her Score.

Cheating is defined as:

• Exploiting a computer flaw
• The use or misappropriation, in whole or in part, of the Code by a third party
• An attempt to attack CodinGame’s servers
• Obfuscation of the Code or the creation of barriers to its reading and understanding.
• Observed cheating or malfeasance, such as, for example, being assisted by a man, a woman or a machine, participating collectively, substituting a third party for the registered Candidate
• The creation of a fake recruiter account or illegitimate access to questions

It is, even outside of the test, strictly forbidden for the Candidate:

• To use a Code other than his or her own Code when testing or using our Service
• Give access to the Service to an unauthorized third party
• Modify, interfere with, disrupt or hack into the Service
• Knowingly introduce viruses, Trojan horses, malicious software or any other program that could harm the Service or other users
• To disclose the content of the tests to third parties by any means whatsoever, including orally, or by e-mail, or on social networks, blogs, forums, etc.

The company CodinGame informs the Candidate that it has anti-cheating protection systems that enable it to detect any form of cheating or plagiarism at the time of Code entry.

The Candidate is informed that in case of cheating, he will be given the opportunity to present his observations regarding the suspicions he is subject to, before CodinGame informs the recruiter.

6. Responsibility of CodinGame

CodinGame undertakes to use its best efforts to implement all measures necessary for the proper functioning of the Service, to guarantee the Candidate a complete and satisfactory browsing experience and to ensure the security and confidentiality of the Data exchanged.

Nevertheless, CodinGame cannot be held responsible for the defectiveness of the means of communication used by the Candidate or the telephone or Internet networks.

In any event, CodinGame’s responsibility cannot be retained in the event of an event of force majeure within the meaning of article 1218 of the Civil Code. This includes in particular: natural disasters, fires, strikes, breakdowns, shortages, war, epidemics, power cuts, telecommunications network failures, and loss of Internet connectivity due to public or private operators.

Finally, CodinGame shall not be liable for any damage suffered by the Candidate due to a failure to pass the test or a lack of recruitment.

7. Intellectual property

7.1. Intellectual property of CodinGame

The structure, technology, tree structure, tools used for the design, development and operation of the Service and the Site, as well as all the elements presented on the interface of the Site (in particular trademarks, designs, logo, etc.) are the exclusive property of CodinGame and as such are protected under intellectual property law and in particular copyright, database producer’s rights and trademark law.

The total or partial reproduction of the Service, the Site, the test cases, the CodinGame brands, or any of the visual elements, as well as the extraction of data (even non-substantial), on any medium whatsoever and for any reason whatsoever, without the prior written consent of CodinGame is strictly forbidden. Failing this, the Candidate exposes himself to civil and/or criminal legal proceedings on behalf of CodinGame.

7.2. Candidate’s Intellectual Property

The Candidate warrants that he or she has created the Code and more generally the Content on his or her own. In the event that the latter is protected by intellectual property rights, the Candidate grants CodinGame a global, non-exclusive, free-of-charge license to use, copy, reproduce, adapt, modify, reformat, translate and exploit the Candidate’s Content, in any form whatsoever, for the purposes of providing the Service and to improve the Service.

This license is granted for the entire term of copyright protection.

8. Protection of Personal Data

The Candidate is informed that the person responsible for the processing of his or her Data in the context of the recruitment process is the recruiting organization that invited him/her to take the test. You are therefore invited to consult the recruiter’s privacy policy.

For the purposes below, CodinGame is the data controller:

You have the right to access and rectify your personal data and, subject to a legitimate reason, you have the right to request the limitation of a processing or the deletion of data concerning you. You may exercise these rights at any time by contacting us by email at the following address: [email protected] or by post to the following address:

CodinGame SA
Immeuble Archimède
396 Rue du Mas de Verchant
34000 Montpellier
France

If you have any questions or complaints, we will do our best to answer you. However, if we are unable to satisfy your request, you can lodge a complaint with the competent data protection authority (the CNIL in France).

9. Miscellaneous

9.1. Severability

If any provision of these TCS, or the application thereof to any party or situation, is held to be invalid, illegal or unenforceable, such provision shall be deemed severed from these TCS, which shall not affect the validity, legality or enforceability of the remaining provisions of these TCS, to the extent permitted by applicable law. Where appropriate, CodinGame will endeavor to replace the invalid or unenforceable provision with a provision which, to the extent permitted by applicable law, comes closest to the purpose of the invalid or unenforceable provision.

9.2. Waiver

No delay by CodinGame in the performance or implementation of any right or remedy provided by these TCS shall be deemed a waiver of such right or remedy, nor shall it prevent the subsequent exercise of such right or remedy by CodinGame.

9.3. Transfers of Rights and Obligations

The Candidate is informed that in case of reorganization or restructuring, CodinGame may transfer its rights and obligations hereunder, as well as the Personal Data, to the third-party organization. The Candidate is informed that this transfer will not affect his rights and obligations towards CodinGame in the execution of the present contract.

10. Disputes and Jurisdiction

These general conditions and their application are governed by French law.

Before any legal recourse, the Candidate must make an amicable request by writing to [email protected] or by sending a registered letter with acknowledgement of receipt to CodinGame – 396 rue du Mas de Verchant – Immeuble archimède – 34000 Montpellier.

The Parties shall strive to find an amicable solution to any dispute arising between them.

In the absence of an amicable agreement within 30 days, disputes relating to the interpretation and execution of the present TCS will be brought before the competent courts within the jurisdiction of the Court of Appeal of Montpellier, unless public policy provisions to the contrary exist.