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1.Legal Notice and Acceptance

 

JMB CONSULTANT, a public limited company with capital of €8,000, registered in the Trade and Companies Register of NIORT under number 414 499 129, VAT number FR 79414499129, whose head office is located at 260 rue du Hameau de l'Ébaupin – 79230 AIFFRES – France (hereinafter “the Company” or “we”), publishes the “SKILLBUILDER” online training platform via its website accessible from the following URL: www.jmbconsultant.fr (here- after referred to as  the "Platform" or the "Site").

The publication director of the Platform is Pierre BIDABE, in his capacity as legal representative.

The Platform is hosted by the company OVH, a simplified joint stock company, with a capital of 10 069 020  € registered with the RCS of Lille Métropole, under number 424 761 419 00045 having its registered office at 2 rue Kellermann - 59100 Roubaix - France.

The Platform offers its users (hereinafter the "Users" or "You") online training modules (hereinafter the "Trainings") comprising videos on various topics, access to virtual classes, spaces document filing. This Platform may also offer Users discussion spaces related to the Training in question called “Forums”.

Any registration or use of the site implies acceptance without any reservation or restriction of these T&Cs by the user. When registering on the SKILLBUILDER platform via the Registration Form, each user expressly accepts these T&Cs as soon as they press the button to send the registration form.

The registration of a user can result from a so-called “administrative” registration, that is to say a registration by express request of the hierarchical authority of the user. This request will necessarily have been the subject of a commercial agreement respecting the CGV  in force, and as such this request is valid for full acceptance of these T&Cs.

In the event of non-acceptance of the T&Cs stipulated in this contract, the User must renounce access to the services offered by the site. JMB CONSULTANT reserves the right to unilaterally modify the content of these T&Cs at any time.

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2.CHARACTERISTICS OF THE TRAINING PLATFORM

 

All of the content of the Platform that can be consulted by Users, and in particular the aforementioned training modules and discussions, will hereinafter be referred to as the “Services”.

The Company offers various content on the Platform protected by intellectual property rights or image rights that Users must scrupulously respect.

The Company does not grant any right of reproduction, representation and other right of dissemination to Users concerning the content appearing on the Platform, except with the prior written authorization of the Company.

Any use without right that would be made of these contents by the Users would constitute an infringement and therefore liable to civil or criminal prosecution.

The Company does not guarantee the durability or performance of the Services accessible on the Platform.

You acknowledge that you use the Services offered to you free of charge and "as is", at your own risk and in full knowledge of the facts.

Each User is, of course, solely responsible for his computer equipment, data and software as well as the connection to the network allowing him to have access to the Platform.

The Company does not guarantee that its Services are free of bugs or other defects, a programming error or a technical incident being always possible.

The Company cannot be held responsible for the temporary or permanent impossibility for the User to access all or part of the Services.

                    

Similarly, the Company cannot be held liable for any damage to hardware, software or data (example: viral contamination) suffered by the User as a result of his use of the Services, or any other damage caused to the User.

To avoid inconvenience as much as possible, the User must ensure that regular backups of his data and software are carried out.

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3. REGISTRATION AND ACCESS TO THE PLATFORM

3.1. General principles

 

Registrations on the Platform can be made by:

• The user in person

• The Training Manager of the User's company

• The company JMB CONSULTANT after validation of a commercial agreement respecting the GCS, and after request of the co-contractor of this agreement.

The right of access to the Platform is free, non-exclusive, non-transferable and non-assignable.

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3.2. Creation of a user account

 

Registration is done through an electronic registration form in which must appear:

• User name

• User's first name

• The User's email address

• An identifier chosen by the User

• A personal password

Registration will be effective upon validation of the form. By the validation action, the User accepts having read these T&Cs and accepts them without reservation. These T&Cs are made available through a hypertext link appearing on the form and referring to the Company's website at the address www.jmbconsultant.fr/CGU.

At the end of this validation, the User has a personal space in which he can modify his personal information and benefit from the Services offered by JMB CONSULTANT.

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3.3.Information concerning the identification of Users

 

After registration, as an option, the User can complete his "profile" by inserting a photograph and by informing his civility, his company, his siren, his professional function, his date of birth, a short presentation and his links on the networks. social.

All of this data and information will hereinafter be referred to as “Personal Data” and constitute the User's “Profile” which the latter can freely consult and modify on the Platform. The User is invited, if he so wishes, to subsequently complete his Profile on the Platform. Users expressly agree that other Users may view their Profile on the Platform.

Each User undertakes to inform the Company of the existence of any update of this Personal Data by modifying the information initially entered in the "My File" tab of the Platform or by contacting us at the following email address: contact@jmbconsultant.fr.

The password is freely chosen by the User and may be modified by him at any time.

Each User is responsible for creating, storing and using their username and password, which are strictly personal to them and therefore cannot be shared with third parties.

He must ensure its conservation, confidentiality and secrecy.

Any use of the Platform by means of these username and password is deemed to have been made by the User himself.

If a User feels that his username and password have been usurped by a third party, he must immediately inform the Company at the following email address: contact@jmbconsultant.fr

 

The nominative and non-nominative personal data relating to Users, collected through the Platform, and all future information, are only intended for the exclusive use of the Company within the framework of the implementation of the Services offered to Users. on the Platform, and are not the subject of any communication or transfer to third parties, other than the technical service providers in charge of managing the Platform, who are required to respect the confidentiality of the information and to use it only for the specific operation for which they must intervene.

In addition, non-personal information relates to the type of Internet browser that the User uses, the system used by the computer and the name of the domain by which the User arrived on our Site. Information that we may place directly on the User's hard drive in the form of a “Cookie” when visiting the Site.

A "cookie" does not allow us to identify the User. On the other hand, he records information relating to the navigation of his computer on the Platform (the pages consulted, the date and time of the consultation, etc.). The shelf life of this information in the User's computer is a maximum of seven months. Cookies allow the Publisher to offer a tailor-made website or advertisements that correspond to the expectations and preferences of the User. Internet browser programs allow you to erase cookies on the hard drive, to block them entirely or to receive a warning before the installation of said cookie.

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3.4. Unsubscription – Termination of the User's registration

 

The User may at any time request to unsubscribe and close his Account on the Platform: for this, he must send an email to the following email address: contact@jmbconsultant.fr

Confirmation of unsubscription will be made within two months of the request.

The Company may at any time automatically terminate the User's Account on the Platform without further formality in the event of a breach of these General Terms and Conditions of Use and in particular in the following cases, without this list being exhaustive:

• Violation of articles 23 and following of the law of July 29, 1881 on the freedom of the press and 227-23 of the Penal Code;

• Presumption of use of the services under the identity of a third party and/or with the username and password of a third party;

• Infringement of the rights of the Company or third parties;

• Counterfeit;

• Violation of applicable laws and regulations.

Furthermore, and through no fault of the User, the Company may terminate the User's Account if the latter has not connected to the Platform for a period exceeding 3 months.

The User will be informed of the deactivation of his Account (following the termination mentioned above) by email during the month preceding the effective termination of his Account.

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4.PROTECTION OF PERSONAL DATA

4.1.Applicable regulations

 

The Company is required to comply with the French and European laws and regulations in force – in particular the General Data Protection Regulation n°2016/679 (RGPD) and the national provisions relating to data processing, files and freedoms – or as they will be subsequently amended relating to the protection of personal data (hereinafter the "Applicable Regulations").

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4.2. Personal data collected

 

The Company collects and processes the Personal Data of Users who connect to the Platform as well as the names of the training courses consulted by the User, the time spent on the Platform by the User, the scores obtained by the User in the event of answers to quizzes (hereinafter the “Data”).

The User's personal data collected as part of his registration to the Platform and the use of the latter are mandatory for the processing and management of the operation in question and in particular for its computer processing carried out under the responsibility of JMB CONSULTANT.

JMB CONSULTANT may use the User's personal data collected and processed for the following purposes:

• identification of Users in order to create an Account for them,

• allow Users to access the Services when they connect to the Platform,

• ensure the proper functioning of the Platform and the Services,

• inform Users of new features on the Platform, in particular by means of a newsletter (i.e. a newsletter),

• invite Users to “Webinars” or other activities,

• consultation of "discussions",

• Inform the User of his progress in the training courses followed,

• carry out satisfaction surveys relating to the use of the Platform and the Services,

• perform anonymous and general statistics relating to the use of the Platform,

• commercial prospecting, in particular to inform about new products or changes to existing products.

When registering online, the Company asks Users to complete a Form containing a certain number of particulars, some of which are required on a mandatory basis, others as a title. The mandatory nature of the answers is indicated by means of an asterisk (*) appearing in front of the corresponding box. If the mandatory information is not completed, the User cannot proceed to the next step required for registration.

The Company undertakes not to communicate or transfer to any other third party the Personal Data communicated by the Users without their prior authorization, unless it is compelled to do so by legal provisions or by court decision. The Company undertakes to make its best efforts to protect the Personal Data communicated to it by Users in order, in particular, to prevent this data from being distorted, damaged or communicated to unauthorized third parties.

By clicking on a hyperlink or an advertising banner, Users are likely to be redirected to third-party sites whose personal data management policy may be different from that of the Company. It is therefore up to each User to consult the conditions of use of these third-party sites, it being understood that the Company cannot be held responsible for the information transmitted or collected during the User's visits to third-party sites.

The Data processed is kept by the Company for the entire duration of use of the Services.

From the date on which the User's Account is closed, whether following a request from the User or a termination of the Account at the initiative of the Company in application of the provisions of the Article 3.4 hereof, the Company undertakes to delete the Data within two months from the date of closure of the Account.

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4.3.User rights

 

In accordance with the Applicable Regulations, each User whose personal data is collected has the right to access, rectify, delete, limit processing, and the right to object, for legitimate reasons, to the information re.

Each User has the right to decide the fate of their post-mortem personal data.

To exercise these rights, Users must send a letter to the following address: SARL JMBCONSULTANT – 260 rue du Hameau de l'Ébaupin – 79230 AIFFRES - FRANCE

They can also make certain changes themselves online on the Platform, within their Profile.

Finally, Users have the right to lodge a complaint with the National Commission for Computing and Liberties (CNIL).

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4.4.Use of Cookies

 

We use the cookies described below, for the following purposes:

In order to improve the Service, the Company uses audience measurement cookies such as the number of pages viewed, the number of visits, visitor activity on the Platform and their frequency of return through Google Analytics services. These cookies only allow the establishment of statistical studies on the traffic of visitors to the service, the results of which are completely anonymous.

A cookie (or other tracer) is a small file placed on the hard drive of the User's computer or mobile device during his first visit to the Platform.

It makes it possible to indicate the frequentation of the pages visited and to recognize a visitor who has already accessed the Platform. This can allow personalization of services and better navigation comfort.

Most Internet browsers contain functionality for managing cookies. These features may allow you to delete cookies or accept or reject certain categories of cookies. You have the ability to manage other tracking technologies through the sites of the companies that provide those technologies or through your mobile device's operating system. You can consult the "Help" section of your browser or the site of your hardware, software or operating system providers for more information. You can also find out more about cookies by consulting the CNIL website, which contains useful information about cookies and how to block them using different types of browsers.

If you reject or delete cookies, certain elements and associated functions of our Platform may become unavailable to you and the performance of our Platform as you experience it may be impaired.

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5.LINKS/PROPERTY

5.1.Links pointing to other sites

 

The Company declines all responsibility for the use of third-party websites to which access is given via the Platform.

As soon as you are re-routed to the site of a third party, these General Conditions of Use cease to be applicable; only the terms of use of the site you are accessing then apply.

If you access third-party sites via the Platform that are illegal or harmful in any way whatsoever, please notify us immediately so that we can remove the link to the disputed site without delay.

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5.2. Respect for the property rights of the Company and third parties

 

In accordance with article 2, all content (photos, text, video, sound, etc.) that can be consulted on the Platform is and remains the exclusive property of the Company and/or its partners and/or third parties.

You are therefore in no way authorized to reproduce, represent or market these contents in any way whatsoever.

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6. PARTIAL NULLITY / NON-WAIVER

 

If one or more stipulations of these General Conditions of Use are held to be invalid or declared as such pursuant to a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will retain all their strength and full range.

The parties then agree to replace the null or invalid clause with a clause which will come closest, in its content, to the clause initially adopted.

The fact for the Company not to avail itself during a certain period of time of any of the provisions provided for in these General Conditions of Use cannot be interpreted as a waiver of the latter to avail itself of it. coming.

 

7. UPDATE OF THE GENERAL CONDITIONS OF USE

 

The Company reserves the right to modify and update at any time access to the Platform, access to it as well as these General Conditions of Use.

The Company will endeavor to inform the Users of this.

These modifications and updates are binding on Users who must therefore regularly refer to this section to check the General Conditions of Use in force. Users undertake to read the entirety of any new version of the General Conditions of Use of the Platform and to respect them.

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8. APPLICABLE LAW / ATTRIBUTION OF JURISDICTION

 

These General Terms and Conditions of Use as well as the Platform, its content and the Services are governed and interpreted according to the provisions of French law.

Failing to find an amicable solution within a reasonable time, disputes relating to these General Conditions of Use and the use of the Platform will be subject to the exclusive jurisdiction of the French courts.

With the exception of cases where an agreement expressly derogates therefrom, disputes between persons having the status of trader will be within the jurisdiction of the Commercial Court of NIORT and disputes for which one or more persons do not have the status of tradesman will be governed by the rules of jurisdiction of the Code of Civil Procedure or the Code of Administrative Justice.