Version dated 11 July 2023
1. Purpose
A WORLD FOR US, a limited company ("SAS or Société par actions simplifiée"), registered in the Paris Trade and Companies Register under no. 510 489 503, whose registered office is located at 41, rue Poliveau in Paris (75005) ("A WORLD FOR US"), offers companies (the "Clients") access to the digital application available as an SaaS service DIGIFORMA ("DIGIFORMA" or the "Application") as well as other services related to training and on other websites that it operates (together the "Services").
The functional and technical characteristics of DIGIFORMA and the various Services offered are described on the websites https://www.digiforma.com/, https://www.aworldforus.com/, https://formalerte.com and https://skills.hr/ (hereinafter referred to as the "Websites").
The purpose of these general terms and conditions is to define the terms and conditions of use of the services offered by A WORLD FOR US on its various Websites (hereinafter: the "Services"), and to define the rights and obligations of the parties in this context.
They apply without restriction or reservation to any order of products or Services from A WORLD FOR US by the Client. The purpose of these Terms and Conditions is to define the terms and conditions for the provision of the Services to the Client registered on the various Websites or identified in the quotation provided to the Client by A WORLD FOR US (hereinafter referred to as the "Quote").
They can be accessed and printed at any time via a direct link at the bottom of the Website page.
2. Access to Services
2.1. Legal capacity
The Services are accessible to any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
2.2. Services exclusively for professionals
The Services are aimed exclusively at professionals, defined as any natural or legal entity carrying out a remunerated activity on a non-casual basis in any sector related to training or skills management.
3. Ordering Services and accepting the General Terms and Conditions
Validation of the Quote by the Client, any order for a Service or any subscription requires registration on the Website and full acceptance of the provisions of these General Terms and Conditions.
Any membership with reservations will be considered null and void.
4. Registration or sign-up
4.1. To access the Services, Clients must subscribe on the Website, either themselves or through an administrator they have appointed, by filling in the form provided for this purpose.
4.2. The Client, or administrator, must provide all the information marked as compulsory, in particular their surname, first name, professional email address and password. They acknowledge and accept that the email address given on the registration form constitutes their connection identifier.
Incomplete registrations will not be validated.
Registration leads to the opening of an account in the Client's name (hereinafter referred to as the "Account"), giving the Client access to a personal online area (hereinafter referred to as the "Client Portal") which enables the Client to manage his/her use of the Services in a form and according to the technical means that A WORLD FOR US deems most appropriate to provide said Services.
The Client guarantees that all the information he/she provides in the registration form is accurate, up to date and sincere and is not misleading in any way.
He undertakes to update this information in his Client Portal in the event of any changes, so that it always corresponds to the aforementioned criteria.
The Client is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account, either by him/her or via the Administrator, constitutes proof of his/her identity. The information entered by the Client is binding as soon as it has been validated.
5. Strictly personal use, Administrator and user accounts
Once their registration has been validated, the Client, or the administrator they have appointed, has the option of creating several user accounts via their Client Portal, giving access to the Services.
It is up to the Client or the administrator to select the users with access to the Application or the Services, within the limit of the maximum number stipulated in the Client's sign-up, to determine the nature of the access given to them, as well as the data and information to which they have access.
The user and/or administrator may access the Client's Account at any time via their own Client Portal, after having identified themselves using their login ID and password.
Users and administrators undertake to use the Services personally and not to allow any third party to use them in their place or on their behalf, unless they assume full responsibility for doing so.
They are likewise responsible for maintaining the confidentiality of their login and password, and expressly acknowledge that any use of the Services from their Account will be deemed to have been made by them. Users should immediately contact A WORLD FOR US if they become aware that their Account has been used without their knowledge. They acknowledge that A WORLD FOR US has the right to take all appropriate measures in such a case.
The Client is responsible for the use of the Services by the administrator and the users. Any use of the Services using the login and password of an Administrator and/or User Account is deemed to have been made by the Client.
6. Subscription period, unsubscription
6.1. The licence to use the Application and all the Premium Services provided for herein are taken out by the Client in the form of a monthly or annual subscription (the "Premium Subscription"), the start date of which is indicated in the sign-up confirmation email. This Premium Subscription will then be tacitly renewed for a period of the same duration, unless terminated by either party by any written means sent to the other party at least 7 (seven) days before the expiry of the current period. All periods are due in full.
6.2. Any basic subscription to the Services (the "Basic Subscription") is taken out for an indefinite period. The Client may unsubscribe from the Basic Subscription at any time by sending a request to this effect to A WORLD FOR US by email to info@digiforma.com or by post to 41, rue Poliveau, 75005 Paris, France. Unsubscription shall be effective within a maximum of 7 (seven) days from the date of such request. A WORLD FOR US reserves the right to close and delete any Account that remains inactive for a continuous period of 6 (six) months.
6.3. The Premium Subscription and the Basic Subscription are together referred to as the "Subscription".
7. Description of Services
7.1. Licence(s) to use the Application
7.1.1. Purpose of the licence
A WORLD FOR US grants the Client a non-exclusive, personal and non-transferable licence to use the Application, as it exists on the date hereof and in any future versions, for the sole purpose of providing the Services.
Access to the Application is provided:
Free of charge for the Basic Subscription;
For a fee, the amount and terms of which may vary depending on the Services subscribed to, and in particular may take the form of a paid subscription for the Premium features offered on the Website.
This licence is granted for the whole world and for the duration of the subscription taken out.
The Client is prohibited from assigning or transferring the benefit thereof to any third party whatsoever.
7.1.2. Paid options
A WORLD FOR US offers the Client options, which may be taken out in addition to the subscription. The price and the conditions of implementation of these options can be communicated on the Website, accessible here or by any other written means.
7.1.3. Hébergement
The Client does not authorise A WORLD FOR US or any third party to use the data collected through the Application in any way that is not necessary for the performance of the Agreement, without the Client's express written consent.
In the event of a change of hosting provider, A WORLD FOR US shall notify the Client as soon as possible by any appropriate written means. The identity of the new hosting provider, as well as the territory in which its servers will be located if they are outside Europe, will be communicated to the Client.
A WORLD FOR US undertakes to implement all state-of-the-art technical means necessary to ensure security and access to the Application and the Services, including the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect its servers from malicious acts.
In view of the complexity of the Internet, the unequal capacity of the various sub-networks, the influx at certain times of clients of the Application, and the various bottlenecks over which A WORLD FOR US has no control, the liability of A WORLD FOR US shall be limited to the operation of its own servers, the outer limits of which are constituted by the connection points.
A WORLD FOR US cannot be held responsible for (i) the unavailability of the Client's servers or those of its operating system, (ii) access speeds to its servers, (iii) slowdowns external to its servers, and (iv) poor transmissions due to a failure or malfunction of its networks.
7.1.4. Upgradable maintenance
A WORLD FOR US undertakes to provide the Client with the benefit of developments and updates to its Application, the nature and frequency of which shall be left to the free discretion of A WORLD FOR US.
A WORLD FOR US reserves the right to limit or suspend access to the Application during maintenance operations. A WORLD FOR US will inform the Client in advance by any useful means of such operations.
7.1.5. Technical support
Apart from malfunctions and for any question related to the simple use of the Services, A WORLD FOR US offers the Client technical support consisting of assistance and advice.
Technical support is available at info@digiforma.com or by chat.
7.1.6. Other Services
A WORLD FOR US reserves the right to offer any other Services or subscriptions that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to provide said Services. No additional service will be provided unless the Client has expressly accepted the price and conditions of implementation in advance and in writing.
8. Financial conditions
8.1. Price of Services
In return for the provision of the Services, the Client undertakes to pay A WORLD FOR US the price of the Subscription and/or the selected Services, as indicated on the Website or in the Personal Area and prior to registration/subscription to the Services (the "Price"), or upon Quotation, by monthly or annual SEPA direct debit, or by bank transfer.
Unless otherwise indicated, it is expressed in euros and excludes VAT.
As part of the Service available on https://skills.hr/formations, the Client accepts that the Price is based on the number of requests for contact that the Client has received as a result of its published advertisement(s) (the "Leads"), it being specified that the Price is due solely for the presentation of the Leads to the Client, regardless of whether or not a contract is concluded with the Lead.
In this respect, the Client acknowledges that A WORLD FOR US does not guarantee, through the service available on https://skills.hr/formations, any minimum volume of Leads or sales figures concerning the contracts that the Client may conclude with the Leads presented.
The Lead Price is indicated on the Client's Client Portal when he/she subscribes to this Service.
8.2. Billing
Services are subject to one-off or monthly invoices sent to the Client by email and each time a new Service or Subscription is taken out.
8.3. Price revisions
The Price has been calculated on the basis of the Subscription taken out by the Client and any options subscribed to. If any of these parameters were to change during the term of the Contract, the Price of the Services would be recalculated accordingly.
As part of the Service available on https://skills.hr/formations, if the Client does not accept the revised Price, they may (i) withdraw their listing at any time with immediate effect or (ii) terminate their Subscription under the conditions set out in the article "Subscription duration, unsubscription."
8.4. Late payment and non-payment
By express agreement between the parties, any delay in payment of all or part of a sum due on its due date in respect of the performance of the Services will automatically and without prior formal notice result in: (i) the acceleration of the due date of all sums owed by the Client and their immediate payment, (ii) the immediate suspension of the Services until full payment of all sums owed and (iii) the invoicing to the benefit of A WORLD FOR US of late payment interest at the rate of 3 times (three times) the legal interest rate, based on the amount of all sums owed by the Client.
9. Client responsibilities and guarantees
9.1. The Client is solely responsible for complying with the laws and regulations in force applicable to his/her business. In particular, he/she is solely responsible for ensuring that all administrative, tax and/or social formalities incumbent upon him/her in connection with his/her use of the Services are properly completed.
9.2. The Client acknowledges that he/she is solely responsible for the processing of personal data that may be collected through the Services and undertakes to comply with applicable legislation. A WORLD FOR US only acts as a subcontractor and implements the necessary means to maintain the security and confidentiality of said data.
9.3. The Client shall refrain, in its own name and in the name of the Users, from assigning, granting or transferring all or part of its rights or obligations hereunder to any third party, including if this third party has a direct or indirect link with the Client, in any way whatsoever.
9.4. The Client is informed and accepts that the implementation of the Services requires the Client to be connected to the Internet and that the quality of the Services depends directly on this connection.
9.5. The Client declares that he/she is aware of the features and functionalities of the Application, that he/she is aware of the technical configuration necessary for its use, that he/she has received from A WORLD FOR US all advice, instructions and details necessary for him/her to subscribe to the Services in full knowledge of the facts, that he/she thus has sufficient knowledge of the Services and that he/she has, prior to the present, sufficiently exchanged with A WORLD FOR US to ensure that the Services correspond to his/her expectations, needs and constraints.
9.6. In general, the Client undertakes not to do anything which might, in any way whatsoever, harm the Services, the brand image or the reputation of A WORLD FOR US.
In addition, the Client acknowledges that it may have a role to play in providing information and recommendations to its own clients in connection with the promotion of certain features complementary to the Services, and in particular concerning the SKILLS platform.
In this context, the Client undertakes to use his/her best efforts to promote the additional features to his/her own clients and undertakes not to make any statement concerning the characteristics and capacities of the said additional features which would be incompatible with the commitments of A WORLD FOR US.
9.7. The Client is solely responsible for the content of any kind (editorial, graphic, audio, audiovisual or other) that it publishes on the Application (hereinafter referred to as the "Content") and for any consequences arising therefrom.
9.8. The Client guarantees A WORLD FOR US that it has all the rights and authorisations necessary for the distribution of this Content. The Client undertakes to ensure that such Content is lawful, does not violate public policy, public decency or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is not likely to give rise to any civil or criminal liability on the part of A WORLD FOR US.
The Client thus refrains from distributing, in particular and without this list being exhaustive:
child pornography, pornographic, defamatory, insulting, racist, obscene, indecent, shocking, violent, xenophobic or revisionist Content that infringes on copyright law,
Content that damages the image of a third party,
Content that is misleading or deceptive or that proposes or promotes illicit, fraudulent or deceptive activities,
and more generally Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.
9.9. The Client shall indemnify and hold harmless A WORLD FOR US from and against any and all claims, demands, actions and/or causes of action which A WORLD FOR US may suffer as a result of any breach by the Client of any of its obligations or warranties hereunder. The Client agrees to indemnify A WORLD FOR US for any and all loss or damage suffered by A WORLD FOR US and to pay A WORLD FOR US all costs, charges and/or judgments that A WORLD FOR US may incur as a result.
10. Prohibited behaviour
10.1. It is strictly forbidden to use the Services for the following purposes:
carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
undermining public order or violating applicable laws and regulations,
intrusion into a third party's computer system or any activity likely to harm, control, interfere with or intercept all or part of a third party's computer system, or to violate its integrity or security,
sending unsolicited emails and/or commercial canvassing or solicitation,
manipulations intended to improve the referencing of a third-party site,
aiding or inciting, in any form and in any way whatsoever, one or more of the acts and activities described above,
and, more generally, any practice that misuses the Services for purposes other than those for which they were designed.
10.2. The Client is strictly prohibited from copying and/or misappropriating for its own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Site and the Application.
10.3. The following are also strictly prohibited (i) any conduct that interrupts, suspends, slows down or prevents the continuity of the Application, (ii) any intrusion or attempted intrusion into A WORLD FOR US's systems, (iii) any misappropriation of the Application's system resources, (iv) any action that imposes a disproportionate load on the Application's infrastructure, (v) any breach of security or authentication measures, (vi) any act which may prejudice the financial, commercial or moral rights and interests of A WORLD FOR US or users of the Application, and more generally (vii) any breach of this Agreement.
10.4. It is strictly forbidden to monetise, sell or grant access to all or part of the Services or the Application, or to the information hosted and/or shared therein.
11. Obligations and liability of A WORLD FOR US
11.1. A WORLD FOR US undertakes to provide the services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Client expressly acknowledges and accepts.
11.2. A WORLD FOR US shall not be held liable in the event that the Application is unavailable due to the failure of the Client's servers.
11.3. The intervention of A WORLD FOR US is limited solely to the provision of the Services described on the Site, in the article "Description of Services", or in the Quotation, to the exclusion of all others.
11.4. A WORLD FOR US undertakes to use its best efforts to ensure the security of the Application. A WORLD FOR US guarantees that the Client will have exclusive access to its Account and will not communicate its contents to any third party.
11.5. However, A WORLD FOR US shall not be held liable in the event of malicious access to the Client's Account, unless it can be demonstrated that the security measures put in place by A WORLD FOR US were seriously deficient.
11.6. In addition, A WORLD FOR US shall not be held responsible for any lack of vigilance on the part of the Client in maintaining the confidentiality of his/her login and password.
11.7. A WORLD FOR US has no knowledge of the information and content uploaded to the Application by the Client, nor does A WORLD FOR US moderate, select, verify or monitor such information or content in any way. The Client undertakes to inform A WORLD FOR US without delay of any complaints received directly in this regard.
11.8. A WORLD FOR US does not warrant to the Client that the Services will be uninterrupted or error free, or that the Services will operate in an uninterrupted manner, and A WORLD FOR US reserves the right to interrupt access to the Services at any time for maintenance and updating purposes.
11.9. A WORLD FOR US undertakes to keep strictly confidential any personal data it may receive in connection with the Services and to take all necessary measures to ensure the security and confidentiality of such data.
A WORLD FOR US shall not re-use all or part of such data in any form whatsoever or divert it from its intended purpose, namely the provision of the Services.
11.10. A WORLD FOR US shall in no event be liable to the Client for the payment of damages of any nature whatsoever, whether direct, material, commercial, financial or moral, as a result of the Client's use of the Services, in an amount greater than the amount paid by the Client for the Services. However, it may only be held liable if the Client has made a claim, by registered letter with acknowledgement of receipt, within one month of the said occurrence.
12. Intellectual Property Rights
This Agreement does not grant the Client any intellectual property rights over the Application, which remains the sole and exclusive property of A WORLD FOR US. The Client only has a simple licence to use these elements, as defined herein. Consequently, any disassembly, decompilation, decryption, extraction, re-use, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of A WORLD FOR US, is strictly prohibited and may be subject to legal proceedings.
This Agreement does not grant A WORLD FOR US any intellectual property rights over the Client's Content, in particular the Content related to the e-learning courses delivered by the Client and the Client's back-office Content (such as the Client's logo(s), document templates). The Content remains the full and exclusive property of the Client.
13. Personal data
13.1. General provisions
The Parties undertake, each insofar as it is concerned, to comply with all the legal and regulatory obligations incumbent on them in terms of the protection of personal data, in particular Law 78-17 of 6 January 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter "GDPR") (hereinafter together the "Applicable Regulations").
For the purposes of managing the contractual relationship between the Parties, each Party processes the personal data of the contacts of the other Party as data controller within the meaning of the applicable Regulations, for the duration of this Contract. This processing is necessary for the proper performance of this Contract and only concerns the identification data (in particular surname, first name, email address, telephone number) of the contact persons. This data is kept for the time strictly necessary to manage the contractual relationship between the Parties.
The Parties' staff, their supervisory departments (auditors in particular) and their subcontractors may have access to the personal data collected.
This processing may give rise to the exercise by the Parties' contacts of their rights under the applicable Regulations.
13.2. Processing of personal data by A WORLD FOR US as a subcontractor
The purpose of this clause is to define the conditions under which A WORLD FOR US undertakes, on behalf of the Client, the processing of personal data described below.
A WORLD FOR US and the Client undertake, each insofar as it is concerned, to comply with the regulations applicable to personal data and in particular with the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).
Purposes of processing personal data
|
To enable training courses to be organised and held: - ERP-type processing : - Learning Management System Facilitate compliance with professional training regulations |
|---|---|
| Type of personal data processed | Identification data Professional data Connection data Notices Any other personal data chosen by the Client and according to the options they have subscribed to, excluding any sensitive data within the meaning of the applicable Regulations. |
| Categories of people concerned | Stakeholders, the Client's joint body contacts, the Client's professional clients, the Client's consumer clients, the Client's employees |
| Length of data processing | For the duration of the contract |
| Location of data processing | European Union (EU) |
| Subsequent subcontractors of A WORLD FOR US involved in data processing | AWS (web host, in Ireland) Heroku (web host, in Ireland) Brevo (email, Europe) |
The Client is responsible for the processing of this data and is required to fulfil its obligations under the applicable Regulations, in particular with regard to the obligation to inform the persons concerned, to keep a register of the processing carried out and, more generally, to comply with the principles set out in the RGPD.
The data provided by the Client to A WORLD FOR US for the purpose of performing the Services shall remain the sole property and under the sole responsibility of the Client.
A WORLD FOR US acts exclusively as a personal data processor.
A WORLD FOR US's obligations to the ClientData processing:
A WORLD FOR US will only process personal data for the purposes listed above and in accordance with the Client's documented instructions, including the transfer of data outside the European Union. A WORLD FOR US shall inform the Client if, in A WORLD FOR US's opinion, any instruction constitutes a breach of the Applicable Regulations. In addition, if A WORLD FOR US is required to transfer data to a third country or to an international organisation under the law applicable to the contract, it shall inform the Client of this legal obligation prior to processing, unless the relevant law prohibits such information for important reasons of public interest.
Data security and confidentiality:
A WORLD FOR US undertakes to implement appropriate technical and organisational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident. A WORLD FOR US also ensures that the persons authorised to process personal data are subject to the obligation to maintain confidentiality.
Other sub-contractors:
A WORLD FOR US is authorised to use the processors (the "Further Processor") listed above to carry out specific processing activities. In the event of a change in the list of authorised sub-contractors, A WORLD FOR US shall inform the Client in advance in writing. This information shall clearly indicate the sub-contracted processing activities and the identity and contact details of the sub-contractor. The Client shall have a period of 15 (fifteen) calendar days from the date of receipt of this information to present its legitimate and reasoned objections. If no objections are notified after this period, the Client shall be deemed to have accepted the use of the subsequent Subcontractor.
The subcontractor is obliged to fulfil the contractual obligations on behalf of and in accordance with the instructions of the Client. It is the responsibility of A WORLD FOR US to ensure that the Subsequent Sub-Contractor presents the same sufficient guarantees regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the applicable Regulations. In the event that the Sub-Contractor does not fulfil its data protection obligations, A WORLD FOR US shall remain fully responsible to the Client for the performance by the Sub-Contractor of its obligations.
Personal data transfers outside the European Union:
A WORLD FOR US is authorised to transfer personal data processed under the contract to countries outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the GDPR.
Support and information provision:
A WORLD FOR US undertakes to assist the Client and to respond as quickly as possible to any request for information sent to it by the Client, whether in the context of a request for the exercise of their rights by the persons concerned, an impact analysis, or a request submitted by the data protection authorities or the Client's data protection representative.
Notification of personal data breaches:
A WORLD FOR US shall notify the Client of any personal data breach as soon as possible after becoming aware of it. In the event that the Client has to notify the competent supervisory authority, A WORLD FOR US undertakes to provide it with all relevant information and documentation.
What happens to the data:
In the event of termination of the contractual relationship, for whatever reason, A WORLD FOR US undertakes to destroy or return, at the Client's option, formulated by registered letter with acknowledgement of receipt, all personal data belonging to the Client in a format determined by the parties. The Client shall actively co-operate with A WORLD FOR US in order to facilitate the recovery of the data. The CLIENT expressly agrees that A WORLD FOR US may store the data in an anonymised form for statistical purposes only.
Documentation and support:
A WORLD FOR US shall make available to the Client, at the latter's request, all information and documents necessary to demonstrate compliance with its obligations and to allow audits to be carried out on site or remotely. The Client thus has the possibility to carry out audits once (1) a year and at its own expense in order to verify the compliance of A WORLD FOR US with the obligations set forth in this article relating to the processing of personal data. The Client shall bear all costs incurred by A WORLD FOR US in connection with the performance of such an audit. The Client shall give A WORLD FOR US at least one (1) month's notice of the audit. The Client may engage a third party auditor subject to the prior agreement of A WORLD FOR US and the conclusion of a confidentiality agreement. The audit may only be carried out in person or remotely. In any event, the audit shall be carried out during A WORLD FOR US's business hours and in such a way as to cause the least possible disruption to A WORLD FOR US's business. The audit shall not require more than one working day and shall not prejudice in any way whatsoever (i) the technical and organisational security measures deployed by A WORLD FOR US, (ii) the security and confidentiality of the data of other clients of A WORLD FOR US, and (iii) the proper functioning and production organisation of A WORLD FOR US. Where possible, the Parties shall agree in advance on the scope of the audit. The audit report will be sent to A WORLD FOR US in order to allow the latter to formulate its observations or remarks in writing, which will be annexed to the final version of the audit report. Each audit report will be considered as confidential information and may not be communicated to third parties without the prior agreement of the party concerned. In the event of serious non-compliance identified following a desk or online audit, or if an audit is required by a regulatory authority, the Client may request an on-site audit at A WORLD FOR US' premises. This audit will nevertheless be subject to the same conditions as those for off-site or remote audits, as specified above.
The Client's obligations to A WORLD FOR USThe Client agrees to:
provide A WORLD FOR US with the personal data listed in the table above, excluding any personal data that is irrelevant, disproportionate or unnecessary, and excluding any "special" data as defined in the applicable Regulations;
to collect under its responsibility, in a lawful, fair and transparent manner, the personal data provided to A WORLD FOR US, for the performance of the Services. In particular, the Client undertakes to ensure the legal basis for such collection, to obtain the consent of the persons concerned if necessary, and to ensure the information due to the persons concerned;
to keep a register of data processing and, more generally, to comply with the principles set out in the applicable Regulations;
ensure compliance with the obligations set out in the applicable Regulations beforehand and throughout the processing period.
13.3. Obligations of the Parties in promoting the SKILLS platform
For the purposes of promoting the SKILLS platform and transmitting the names of end clients interested in the platform, the Client will be required to share the personal data of its end clients with A WORLD FOR US. In this respect, the Client acts as a data controller within the meaning of the applicable Regulations.
The Client therefore undertakes to comply with all legal and regulatory obligations incumbent upon it by virtue of the applicable Regulations in connection with the sharing of the personal data of its end clients with A WORLD FOR US for the provision of the SKILLS platform services. The Client warrants that any personal data provided by the Client to A WORLD FOR US will be collected lawfully, fairly and transparently in accordance with applicable law. The Client also warrants that the end clients have been informed of the transfer of their personal data to A WORLD FOR US and have consented to the processing of their personal data by A WORLD FOR US, if the collection of such consent is required by Applicable Regulations. A WORLD FOR US accepts no responsibility or liability for any processing carried out by the Client prior to the transfer of end-client data to A WORLD FOR US.
14. Advertising
A WORLD FOR US reserves the right to insert on any page of the Website and in any communication to the Client any advertising or promotional messages in a form and under conditions to be determined by A WORLD FOR US.
15. Links and third-party websites
A WORLD FOR US is not responsible for the technical availability of any third party web or mobile site (including any of its partners) which the Client accesses through the Website.
A WORLD FOR US assumes no responsibility for the content, advertising, products and/or services available on such third party sites, which are governed by their own terms and conditions of use.
16. Penalties for non-compliance
In the event of a breach by the Client of any of the provisions of these General Terms and Conditions and/or the Quotation, or, more generally, in the event of an infringement of the laws and regulations in force, A WORLD FOR US reserves the right to take any appropriate measure and, in particular, to :
Suspend, delete or prevent access to the Application by the Client who has committed or participated in the breach or infringement;
Terminate the contract under the conditions set out in the "Termination" article,
notify any relevant authority,
take any legal action.
17. Confidentiality
Each of the parties undertakes to keep strictly confidential all documents and information which may or may not have been designated as confidential by the other party, of which it may have become aware during the conclusion and performance of this contract, and not to disclose them without the prior written agreement of the other party. This obligation does not extend to documents and information :
Of which the receiving party was already aware;
Already public at the time of their communication or which would become public without breach of this agreement;
Which would have been lawfully received from a third party;
And whose communication would be required by the judicial authorities, in application of the laws and regulations or with a view to establishing the rights of a party under the present contract. This obligation of confidentiality extends to all employees of the parties as well as to their affiliates and co-contractors, and in particular to Users. It will continue to have effect for one year from the end of the contract.
18. Commercial and business references
Unless the Client expressly declines to do so in the Sales Proposal or by email, the Client authorises A WORLD FOR US to quote the Client and to use, where appropriate, the reproduction of the Client's brand or logo as a business reference, in particular at events, in its sales documents and on its website, in any form whatsoever.
For the duration of the contract, the Client also authorises A WORLD FOR US to use the testimonials it publishes on the Website or on social networks (hereinafter referred to as the "Testimonials") for the promotion of the Application or its Website, in accordance with the following terms and conditions:
The Client consents to its Testimonials being published free of charge by A WORLD FOR US on the Website, as well as on all other French or foreign Internet sites, published by all companies with which A WORLD FOR US has agreements,
The User agrees that his/her Testimonials may be disseminated by A WORLD FOR US by any means and on any medium for the purpose of promoting the Application,
He/she agrees that his/her Testimonials may be translated into any language,
He acknowledges and accepts that his Testimonials may be subject to modifications, in particular as regards their framing, format and colours, as well as alterations or degradations in their quality, depending on the technical constraints of the Application,
The User waives the right to claim from A WORLD FOR US any remuneration, fee, indemnity or financial compensation in this respect.
19. Social legislation
A WORLD FOR US declares that it complies with current tax and social security legislation, is up to date with the payment of social security contributions and is able to provide proof of compliance with the various obligations applicable in this respect, at the Client's request.
A WORLD FOR US shall provide the Client, upon request, with the following documents:
an identification card proving registration in the Trade Register or an extract from the Trade and Companies Register dated less than 3 (three) months (extract K or KBIS), or equivalent for a foreign company,
a certificate of provision of social declarations from the social protection body responsible for collecting the social security contributions for which A WORLD FOR US is liable,
20. Cancellation
In the event of either party failing to fulfil any of its obligations under this contract, the contract may be terminated automatically 14 (fourteen) days after receipt by the defaulting party of formal notice, which has remained without effect, by registered letter with acknowledgement of receipt, stating the intention to apply this clause, without prejudice to any damages which may be claimed from the defaulting party.
21. Term modifications
A WORLD FOR US reserves the right to modify these terms and conditions at any time.
Clients who do not accept the modified terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in the article "Duration of the Subscription, unsubscription".
Any Client who uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.
For Premium Subscriptions
A WORLD FOR US will inform the Client of the modification of the general terms and conditions of the Premium Membership 14 days before they come into effect.
The amended terms and conditions will apply when the Premium Membership is renewed.
For Basic Subscriptions
The modified General Terms and Conditions are applicable as soon as they come into force.
If the Client does not accept these changes, they must cancel their Subscription in accordance with the terms and conditions set out in the article entitled "Duration of Subscription, Unsubscription".
22. End of contract
Any licence granted to the Application is for the duration of the Subscription, provided that the Client has paid all sums due to A WORLD FOR US.
The Client will no longer have access to the other Services subscribed to at the end of the Contract, the duration of which is specified in the Quote or on the Website.
23. Applicable law and jurisdiction
This contract is governed by and construed in accordance with French law. Any dispute arising from its validity, interpretation or performance shall be subject to the exclusive jurisdiction of the courts of Paris.
Version dated 08 June 2021
The purpose of this Privacy Policy is to set out the terms on which A World For Us, as data controller, undertakes the processing of the Client's personal data described below. This Privacy Policy relates solely to the processing of your personal data as a Client, and does not apply to data that you entrust to us to process via Digiforma.
Definition of terms used in the privacy policy
In the following we will refer to this as :
"Personal data" is defined as "any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to that person", in accordance with the French Data Protection Act of 6 January 1978.
"Service": the https://www.digiforma.com service and all its content.
"Publisher" or "We": A World For Us, the legal or natural person responsible for the publication and content of the Service.
"Client" or "You": the entity that receives the Quote and uses the Service.
Article 1 - Introduction and role of the Privacy Policy
The purpose of this charter is to inform you of the Service's commitments with regard to respect for your privacy and the protection of your Personal Data collected and processed when you use the Service.
It is important that you read this privacy policy so that you are aware of why and how we use your data.
By registering with the Service, you undertake to provide us with true information about yourself. Providing false information is contrary to the terms and conditions on the Service.
Please note that this Privacy Policy may be amended or supplemented at any time, in particular in order to comply with any changes in legislation, regulations, case law or technology. The date of any update will be clearly indicated.
You are bound by these changes as soon as they are put online, and we therefore invite you to consult this Confidentiality Policy regularly in order to take note of any changes.
You will also find a description of your privacy rights and how the law protects you.
If you have any questions about this Privacy Policy or if you would like to exercise your rights as described in Section 10 of this Privacy Policy, please contact us by email at: rgpd@aworldforus.com or by post addressed to: A WORLD FOR US, 41 rue Poliveau 75005 PARIS.
Article 2 - Data collected on the Website
The Data collected and subsequently processed by the Service is that which you voluntarily transmit to us by filling in the various forms available on the Service, in particular by registering for the Service. For certain operations relating to content, you may be required to transmit Data concerning you to third party partners through their own services, more specifically when making payments. We will not have access to this data, as its collection and processing are governed by the terms and conditions specific to these trainer companies. We invite you to consult their conditions before communicating your Data in this context.
Your IP address (identification number assigned to your computer on the Internet) is collected automatically. You are informed that the Service may implement an automatic tracking process (Cookie), which you can prevent by changing the relevant settings on your Internet browser, as explained in the general terms and conditions of this Service.
In general, you can visit the https://www.digiforma.com Service without providing any personal information about yourself. In all cases, you are under no obligation to provide this information. However, if you refuse, you may not be able to benefit from certain information or services.
In order to provide better content and services, the https://www.digiforma.com service uses the Google Analytics analysis service. Google Analytics does not track your browsing habits on third-party services. The information about you to which Google Analytics has access does not contain any personal data about you.
We do not collect "sensitive" data.
The contact details of Clients who have registered on the Site will be saved, in compliance with the provisions of the French Data Protection Act of 6 January 1978 and the European Regulation of 27 April 2016 (hereinafter referred to as the "RGPD"). In accordance with the latter, they have the right to access, withdraw, modify or rectify the Data they have provided. To do so, they simply need to send a request to the following e-mail address: rgpd@aworldforus.com, or by post: A WORLD FOR US, 41 rue Poliveau 75005 PARIS.
As regards the data you provide when registering on the Site, the provision of this data is contractual and conditions the conclusion of the contract. If you do not provide this data, the contract cannot be concluded.
Article 3 - Identity of the data controller
The company responsible for processing is A World For Us, whose registered office is at the following address: 41 rue Poliveau, 75005 PARIS.
Article 4 - Purpose of the Data collected
The Data identified as mandatory on the Service's forms is required in order to be able to benefit from the Service's corresponding functionalities, and more specifically the operations on the content offered within the Service.
We collect and process your Data for one or more of the following purposes:
For the purposes of providing you with the information or Services to which you have subscribed, in particular :
Operation of the administrative management software:
To enable training courses to be organised and held:
ERP-type processing
Learning Management System type processing
To facilitate compliance with professional training regulations.
For commercial prospecting purposes, for example, but without this list being exhaustive, for the purposes of sending a newsletter presenting improvements to the software and advice on how to use it.
For the purposes of collecting information enabling us to improve our Service, our products and our functionalities (in particular through the use of cookies).
Article 5 - Recipients of the Data collected
Only A World For Us is the recipient of your Personal Information. This information is never transmitted to a third party, with the exception of subcontractors used by A World For Us for data hosting, client service (including chat) and traffic data analysis. Neither A World For Us nor its subcontractors market the personal data of visitors and users of its Service.
Your personal data may be shared with the parties listed below for the purposes set out in this Privacy Policy.
We require all third parties to ensure the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your data.
Article 6 - Legal basis for data processing
In accordance with the General Data Protection Regulation (GDPR), A World For Us only processes personal data in the following situations:
where there is a contractual obligation (a contract between A World For Us and you);
to comply with a legal obligation (under EU or national legislation);
on the basis of our legitimate interest in promoting and developing our business.
Article 7 - Data security
You are informed that your Data may be disclosed in application of a law, regulation or by virtue of a decision by a competent regulatory or judicial authority or, if necessary, for the purposes of preserving the Publisher's rights and interests.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, modified, disclosed or accessed without authorisation. In addition, access to your personal data is subject to a defined and documented security procedure.
Article 8 - Duration of data storage
The Data is kept for the time strictly necessary to achieve the purposes set out above, i.e. for the duration of the contract.
Free accounts are destroyed after a period of 2 years from the last time they were used, to allow for the resumption of use or paid subscription.
Your data may also be kept beyond the end of the commercial relationship (or of the last use in the case of free accounts):
for a period of 5 years for proof of a legal or regulatory obligation;
for a period of 3 years from the end of the commercial relationship with you, for canvassing purposes;
for an unlimited period in anonymised form, for statistical purposes only.
Invoices will be kept for a period of 10 years in accordance with our accounting obligations.
Article 9 - Authorised service providers and transfers to countries outside the European Union
A World For Us informs you that it has recourse to authorised service providers to facilitate the collection and processing of the data you have communicated to us. These service providers may be located outside the European Union.
This transfer is then secured using the following tools:
either this data is transferred to a country that has been judged to offer an adequate level of protection by a decision of the European Commission;
or we have concluded a specific contract with our subcontractors governing transfers of your data outside the European Union, based on the standard contractual clauses between a data controller and a subcontractor approved by the European Commission.
Article 10 - Your legal rights
In accordance with the legislation on the protection of personal data, you have the rights detailed below which you may exercise, as indicated in Article 1 of this Privacy Policy, by writing to us at the postal address mentioned at the top (A WORLD FOR US, 41 rue Poliveau 75005 PARIS) or by sending an e-mail to rgpd@aworldforus.com :
The right to information: we have an obligation to inform you of how we use your personal data (as described in this privacy policy).
The right of access: this is your right to make a request for access to your data in order to receive a copy of the personal data we hold; however, due to A World For Us' obligation of security and confidentiality in the processing of personal data, you are informed that your request will be processed subject to you proving your identity by any means. If we have reasonable doubts as to your identity, we may ask you for additional information that appears necessary, in particular by producing a scan or photocopy of your valid identity document.
The right of rectification: the right to ask us to rectify any personal data concerning you that is incomplete or inaccurate. Under this right, the law allows you to request the rectification, updating, blocking or deletion of data concerning you that may be inaccurate, erroneous, incomplete or obsolete.
The right to erasure, also known as the "right to be forgotten": in certain cases, you can ask us to delete the personal data we have about you (unless there is a compelling legal reason for us to keep it).
The right to restrict processing: in certain cases you have the right to ask us to suspend the processing of your personal data,
The right to data portability: you have the right to ask us for a copy of your personal data in a common format (e.g. a .csv file).
The right to object: you have the right to object to the processing of your personal data (for example, by prohibiting us from processing your data for direct marketing purposes). However, exercising this right is only possible in one of the following two situations: when the exercise of this right is based on legitimate grounds or when the exercise of this right aims to prevent the data collected from being used for commercial prospecting purposes. For example, you are likely to receive electronic mail (emails) from our Service, in particular as part of newsletters that you have accepted. You can ask to no longer receive these emails by contacting us at rgpd@aworldforus.com or by clicking on the link provided for this purpose in each of the emails sent to you.
Please contact us if you wish to exercise any of the rights described above by writing to us at A WORLD FOR US, 41 rue Poliveau 75005 PARIS or by email at rgpd@aworldforus.com.
You will not be charged for access to your personal data (or for exercising any other right). However, we may charge you a reasonable fee if your request is manifestly unfounded, repetitive or excessive. In this case, we may also refuse to respond to your request.
A World For Us shall be entitled, where appropriate, to object to requests that are manifestly abusive due to their systematic, repetitive or numerous nature.
We may ask you for specific information in order to confirm your identity and to ensure your right of access to your personal data (or to exercise any other right). This is a security measure to ensure that personal data is not disclosed to anyone who is not authorised to receive it. We may also contact you to obtain more information about your request, in order to give you a quicker response.
We try to respond to all legitimate requests within one month. This one-month period may be exceeded if your request is particularly complex or if you have made several requests. In this case, we will notify you and keep you informed.
Article 11 - Complaints to the Data Protection Authority
If you consider that A World For Us is not complying with its obligations with regard to your Personal Information, you may lodge a complaint or a request with the competent authority. In France, the competent authority is the CNIL, to which you can send a request electronically at the following address: https://www.cnil.fr/fr/plaintes/internet.
Article 12 - Cookie policy
When you first use the https://www.digiforma.com Service, you will be warned by a banner that information relating to your browsing may be recorded in alphanumeric files known as "cookies". Our policy on the use of cookies gives you a better understanding of the measures that we implement in terms of browsing on our Service. In particular, it informs you about all the cookies present on our Service, their purpose and gives you the steps to follow to set their parameters.
a) General information on cookies on the Site :
A World For Us, as the publisher of this Service, may install cookies on the hard disk of your terminal (computer, tablet, mobile, etc.) in order to guarantee you smooth and optimal browsing on our Service. Cookies" are small text files of limited size that enable us to recognise your computer, tablet or mobile phone in order to personalise the services we offer you. The information collected via cookies does not in any way allow you to be identified by name. It is used exclusively for our own purposes in order to improve the interactivity and performance of our Service and to send you content tailored to your interests. None of this information is communicated to third parties except when A World For Us has obtained your prior consent or when disclosure of this information is required by law, court order or any administrative or judicial authority empowered to deal with such matters.
b) Configuring your cookie preferences:
You can accept or refuse the deposit of cookies at any time. When you first use the https://www.digiforma.com Service, a banner briefly presenting information about the deposit of cookies and similar technologies will appear at the bottom of your screen.
c) Cookies that do not require consent:
In accordance with the recommendations of the Commission Nationale de l'Informatique et des Libertés (CNIL - in France), certain cookies do not require your prior consent insofar as they are strictly necessary for the operation of the Service or their sole purpose is to enable or facilitate communication by electronic means. These include session identifier cookies, authentication cookies, load balancing session cookies and cookies used to personalise your interface. These cookies are fully subject to this policy insofar as they are issued and managed by A World For Us.
d) Cookies requiring your prior consent:
This requirement applies in particular to cookies issued by third parties and described as "persistent" in that they remain on your terminal until they are deleted or expire. As such cookies are issued by third parties, their use and storage are subject to their own confidentiality policies, a link to which is provided below. This family of cookies includes audience measurement cookies, advertising cookies, which A World For Us does not use, and social network sharing cookies (Facebook, YouTube, Twitter, LinkedIn, etc.), which A World For Us does not use. Audience measurement cookies compile statistics on the number of visits to and use of various elements of the Service (such as the content/pages you have visited). This data helps to improve the ergonomics of the Service. On the https://www.digiforma.com Service, an audience measurement tool (Google Analytics) is used; its confidentiality policy is available in French at the following Internet address: https://www.google.com/analytics/learn/privacy.html
You may freely choose to accept or refuse the use of these cookies. You can accept or refuse these cookies when you first visit the site.
You are free to withdraw your consent and more generally to modify your preferences at any time, via the following link.
e) Tools for setting cookie parameters:
Most Internet browsers are configured by default to allow cookies to be deposited. Your browser gives you the opportunity to modify these standard settings so that all cookies are systematically rejected, or so that only some of the cookies are accepted or rejected, depending on the sender. CAUTION: We draw your attention to the fact that refusing to accept cookies on your terminal may nevertheless alter your user experience and your access to certain services or features of this Service. Where applicable, A World For Us declines all responsibility for any consequences related to the deterioration of your browsing conditions that may result from your choice to refuse, delete or block the cookies necessary for the operation of the Service. These consequences shall not constitute damage and you shall not be entitled to claim any compensation as a result. Your browser also allows you to delete existing cookies from your terminal or to inform you when new cookies are likely to be placed on your terminal. These settings have no effect on your browsing experience, but you will lose all the benefits of the cookie. Please see below for the various tools available to you for configuring the cookies placed on your terminal.
f) Internet browser settings:
Each Internet browser has its own cookie management settings. To find out how to change your cookie preferences, you will find links below to the help you need to access your browser's cookie menu.
Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr
Internet Explorer : https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies#ie=ie-11
Mozilla Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
Opera : http://help.opera.com/Windows/10.20/fr/cookies.html
Safari : https://support.apple.com/kb/PH21411?viewlocale=fr_FR&locale=fr_FR
For more information about cookie management tools, please visit the CNIL website: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
If you have any questions or require further information about this cookies policy, please contact us.
g) List of cookies:
The detailed list of cookies used on the https://www.digiforma.com and https://app.digiforma.com services is as follows:
Google Analytics and Google Tag Manager (traffic tracking and analysis) _ga, _gtm
Wordpress (Digiforma website settings) wordpress_###, wp-###
Intercom (assistance with the support team) product_store_identifier, intercom-session-###
Wingify (A/B testing of pages)wingify_###
Digiforma (application user settings): _digiforma_key, user
Pusher (in-app push notification service) _digiforma_key, user