Client : any professional or natural person capable of acting within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general conditions.
Prestations et Services : What EDFLEX SAS makes available to Clients, including the Edflex platforms.
Content : All the elements constituting the information present on www.my-mooc.com and the Edflex platforms, in particular texts - images - videos.
Customer Information : Hereinafter referred to as "Information (s)" which corresponds to all personal data that may be held by EDFLEX SAS for the management of your account, the management of customer relations and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site
Personal information: "Information that allows, in any form whatsoever, directly or not, the identification of individuals to whom it applies" (Article 4 of Law No. 78-17 of January 6, 1978).
The terms "personal data", "data subject", "subcontractor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (RGPD: n° 2016-679)
1. LEGAL NOTICE
By virtue of article 6 of law n° 2004-575 of June 21, 2004 for confidence in the digital economy, users of the website www.my-mooc.com, Edflex platforms for companies and all sites published by EDFLEX SAS are informed of the identity of the various parties involved in its creation and monitoring:
Owner: EDFLEX SAS - Share capital of 18 333,4€ - SIREN: 818642134 - VAT number: FR01818642134 - 4 Rue Jules Lefebvre, 75009 Paris
Responsible for publication: RIVERON Philippe - email@example.com
Webmaster : LESAINT Rémi - firstname.lastname@example.org
Host: Amazon Web Services EMEA SARL - 38 Avenue John F. Kennedy, L-1855 Luxembourg - Phone: 01 46 17 10 00
Data Protection Officer: Yaël COHEN HADRIA - email@example.com
2. GENERAL CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and the applicable International Regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site.
The use of www.my-mooc.com and the Edflex platforms for companies implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, and users of the site are therefore invited to consult them regularly.
These websites are normally accessible to users at any time. An interruption for technical maintenance may however be decided by EDFLEX SAS, which will endeavour to inform users in advance of the dates and times of the intervention. The websites are updated regularly. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to read them.
3. DESCRIPTION OF SERVICES PROVIDED
The website www.my-mooc.com and the Edflex platforms for companies are intended to provide information concerning all of the company's activities. EDFLEX SAS strives to provide information on the site that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are its own fault or that of third-party partners who provide it with this information.
All the information on the site is given as an indication, and is likely to evolve. Moreover, the information on the site is not exhaustive. It is given subject to modifications having been made since it was put on line.
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
EDFLEX SAS cannot be held responsible for material damage linked to the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment with a last-generation updated browser. The www.my-mooc.com website and the Edflex platforms are hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679)
The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure or if the Services generate traffic deemed abnormal.
EDFLEX SAS and the host shall not be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment, particularly in the event of network congestion preventing access to the server.
5. INTELLECTUAL PROPERTY AND COUNTERFEITING
EDFLEX SAS is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except prior written authorization.
Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. LIMITATIONS OF LIABILITY
EDFLEX SAS acts as the publisher of the site and of all the websites affiliated with the my-mooc.com domain. EDFLEX SAS is responsible for the quality and veracity of the Content it publishes.
EDFLEX SAS cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing www.my-mooc.com and all Edflex platforms, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.
EDFLEX SAS cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the www.my-mooc.com website and all Edflex platforms for businesses. Interactive spaces (possibility of asking questions in the contact area) are available to users. EDFLEX SAS reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, EDFLEX SAS also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
7. PERSONAL DATA MANAGEMENT
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected in the context of the creation of the User's personal account and his or her browsing on the Site, the person responsible for processing the Personal Data is: EDFLEX SAS represented by RIVERON Philippe, its legal representative.
As the party responsible for processing the data it collects, EDFLEX SAS undertakes to comply with the legal provisions in force. In particular, it is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients, once their consent has been collected, with complete information on the processing of their personal data and to maintain a register of the processing in accordance with the reality. Whenever EDFLEX SAS processes Personal Data, EDFLEX SAS takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which EDFLEX SAS processes it.
7.2 Purpose of the data collected
www.my-mooc.com and all Edflex platforms for businesses are likely to process all or part of the data:
- to allow navigation on the Site and the management and traceability of services ordered by the user: connection and usage data, billing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys: email address
- to carry out communication campaigns (sms, email): telephone number, email address
- EDFLEX SAS does not sell your personal data, which is therefore only used for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of www.my-mooc.com and Edflex platforms for businesses have the following rights
- right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of Users' data right to block or erase Users' personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
- the right to withdraw consent at any time (Article 13-2c GDPR)
- the right to limit the processing of Users' data (article 18 RGPD)
- right to object to the processing of Users' data (Article 21 GDPR)
- the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- the right to define the fate of Users' data after their death and to choose to whom EDFLEX SAS shall communicate (or not) their data to a third party that they have previously designated
As soon as EDFLEX SAS becomes aware of the death of a User and in the absence of instructions from the User, EDFLEX SAS undertakes to destroy the User's data, except if it is necessary to keep it for evidentiary purposes or to comply with a legal obligation.
If the User wishes to know how EDFLEX SAS uses its Personal Data, to ask to rectify them or to oppose their processing, the User may contact EDFLEX SAS by email at firstname.lastname@example.org or in writing at the following address:
Yaël Cohen-Hadria – EY Société d’Avocats
Tour First - TSA 14444, 92037 Paris - La Défense Cedex, France
In this case, the User must indicate the Personal Data that he/she would like EDFLEX SAS to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data shall be subject to the obligations imposed on EDFLEX SAS by law, in particular as regards the retention or archiving of documents. Finally, Users of www.my-mooc.com and the Edflex platforms may submit a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/en/home).
7.4 Non-disclosure of personal data
EDFLEX SAS shall not process, host or transfer the Information collected on its Customers to a country located outside the European Union or recognized as "non-adequate" by the European Commission without informing the Customer in advance. However, EDFLEX SAS shall remain free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
EDFLEX SAS undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of EDFLEX SAS, the latter shall inform the Customer as soon as possible and inform him of the corrective measures taken. Furthermore www.my-mooc.com and the Edflex platforms do not collect any "sensitive data".
The User's Personal Data may be processed by EDFLEX SAS subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of www.my-mooc.com and the Edflex platforms are mainly the agents of our customer service.
8. INCIDENT NOTIFICATION
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the www.my-mooc.com website and Edflex platforms is published without the user's knowledge, exchanged, transferred, ceded or sold on any medium to third parties.
To ensure the security and confidentiality of Personal Data, EDFLEX SAS uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, EDFLEX SAS takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. HYPERTEXT LINKS " COOKIES " AND INTERNET TAGS
The www.my-mooc.com site and the Edflex platforms contain a certain number of hypertext links to other sites. However, EDFLEX SAS does not have the possibility of verifying the content of the sites thus visited, and consequently will not assume any responsibility in this respect.
Unless you decide to deactivate cookies, you accept that the site may use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
9.1. « COOKIES »
A "cookie" is a small information file sent to the User's browser and stored in the User's terminal (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, and the date and time of access. Cookies do not damage the User's terminal in any way.
www.my-mooc.com and the Edflex platform are likely to process the User's information concerning his or her use of the site, such as the pages consulted and the searches carried out. This information allows EDFLEX SAS to improve the content and navigation of the User.
Cookies facilitate navigation and/or the provision of services offered by the Site, and the User may configure his or her browser to allow him or her to decide whether or not to accept them so that cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his browser so that he is offered the option of accepting or rejecting Cookies from time to time, before a Cookie is likely to be recorded in his terminal. www.my-mooc.com and the Edflex platforms inform the User that, in this case, it is possible that not all of the functions of his browser will be available.
If the User refuses to accept the recording of Cookies in his terminal or browser, or if the User deletes those recorded there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when EDFLEX SAS or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, EDFLEX SAS declines all responsibility for the consequences linked to the degraded functioning of the www.my-mooc.com website and all Edflex platforms, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for www.my-mooc.com and the Edflex platforms to record or consult the Cookies necessary for their functioning due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow the User to know how to modify his/her wishes regarding Cookies.
The User may choose to express and modify his or her wishes with regard to cookies at any time. EDFLEX SAS may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the www.my-mooc.com website and Edflex platforms and if the User has accepted the deposit of cookies by continuing to navigate on the www.my-mooc.com website and Edflex platforms, Twitter, Facebook, Linkedin and Google may also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are only deposited on your terminals if you consent to them, by continuing your navigation on the website www.my-mooc.com and the Edflex platforms. At any time, the User may nevertheless revoke his or her consent to www.my-mooc.com and the Edflex platforms depositing this type of cookie.
Article 9.2. INTERNET TAGS
www.my-mooc.com and the Edflex Platforms may occasionally employ web beacons (also known as "tags," or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User's IP address) in a foreign country.
These beacons are placed both in the online advertisements that allow Internet users to access the sites, and on the various pages of the site.
This technology allows EDFLEX SAS to evaluate the responses of visitors to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of www.my-mooc.com and the Edflex platforms by the User.
The external service provider may collect information on visitors to the Site and other websites through these tags, compile reports on the activity of www.my-mooc.com and the Edflex platforms for the attention of EDFLEX SAS, and provide other services relating to the use of the Site and the Internet.
10. APPLICABLE LAW AND JURISDICTION
Any dispute relating to the use of the www.my-mooc.com website and the Edflex platforms for businesses is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.