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General Terms and Conditions

Version dated 16 June 2020

Kokoroe is an online training platform focusing on future skills and is aimed at the general public and company employees.

The Customer/User wishes to access the Learning Modules produced by Kokoroe. The Customer/User acknowledges having read the information issued by Kokoroe, the Service features, and has ensured that these meet their needs.

These General Terms and Conditions (hereinafter “T&C”) define the rights and obligations of Kokoroe, the Customer and the Users for the Service. For the entire term of the Contract, the Customer undertakes to ensure that the Users making up their employees and/or who benefit from the Service through the Customer or at their request observe the T&C.

Prior acceptance of the T&C is an essential prerequisite for use (including by simple request) of the Learning Modules. In case of refusal of the T&C, visualisation of the Learning Modules is strictly forbidden. Visualisation of the Learning Modules shall be considered express acceptance without reservation of the T&C. By checking the “I have read and accept the General Terms and Conditions of Kokoroe” box, the Customer acknowledges and accepts the T&C without reservation. Signature on a hard copy of the T&C shall also be considered acceptance without reservation of the T&C, including acceptance of a document making reference thereto (including email, quotation, business proposals, etc.). The T&C can be printed or recorded in PDF format.

1. Definitions

The terms starting with an initial capital letter, used in the singular or plural, shall have the following meaning:
Remote Access: standard method of supply of the Service, remotely accessible to Users via the Site on which the Learning Modules are hosted and published.
Customer: any natural or legal person who pays a fee to Kokoroe for the supply of the Service, in accordance with the Contract.
Account: personal environment dedicated to a Customer/User in accordance with Article 3.2 of the T&C.
Contract: all of the contractual documents indicated in Article 2 of the T&C.
Kokoroe: the public limited company I KNOW U WILL SAS, with capital of 37,000 euros, registered under no. 801 335 191 on the Paris Company Register (RCS) and with registered office at 8, rue du Faubourg-Poissonnière, 75010 Paris, France.
Day: one calendar day.
LMS Mode: option under which the Service consists of providing the Customer with a copy of the Learning Modules so that the Customer can install them within their proprietary Learning Management System for the duration and in accordance with the terms of the Contract.
Learning Modules: means the entire Learning content and resources offered by Kokoroe as part of the Service, a general description of which features in Annex 1.
Service: the supply of access to Kokoroe’s Learning Modules, in LMS Mode or by Remote Access via the Site.
Site: the website accessible at the address www.kokoroe.fr
User: any natural person duly authorised to benefit from the Service, directly or via a Customer, in accordance with the T&C.

2. Contract documents

The contract documents applicable between the parties are, in order of decreasing priority, (i) the T&C; (ii) the annexes to the T&C (Annex 1 – Description of the Service; Annex 2 – Special clauses on consumer rights; Annex 3 – Job seekers; Annex 4 – Confidentiality charter); (iii) if applicable, the commercial documents issued by Kokoroe (quotation, business proposals in particular) and (iv) all written agreements between Kokoroe and a Customer. Kokoroe reserves the right to amend, at any time and without notice, all or part of the T&C; the new version shall enter into force as soon as it is published online on the Site. Kokoroe shall inform the Customer by any means prior to their entry into force. Use of the Service following communication of the new version of the T&C shall be considered acceptance of said new version.

3. Terms for access to the Service

3.1 Technical prerequisites

The Customer/User recognises and accepts that access to the Service, the Site and/or the Learning Modules can only be offered by Kokoroe if the Customer/User owns a compatible computer connected to the Internet. The Customer/User undertakes to ensure the evolution or update of all software, elements or electronic equipment that they deem necessary for the above access.

The Customer/User also undertakes to ensure the actual receipt of electronic mail sent to them by Kokoroe.

By derogation from the above, if LMS Mode applies, the Customer has sole responsibility for selecting the technical prerequisites applicable to the Learning Modules that they will provide to their Users via their IT system.

3.2 Creation of an Account

The Customer/User is invited to create an Account when using the Site for the first time by completing the registration form. In particular, the Customer/User will have to provide a valid email address. The same email address can only be used for one Account. The Customer/User undertakes to provide a valid, durable, effective email address of which they are the sole owner.

By proceeding with the creation of an Account, the Customer/User guarantees Kokoroe that all the information provided, in particular concerning the identity and contact details of the Customer/User, is exact, up to date and complete. The Customer/User also commits to update these data and to amend, if necessary, the information for their Account.

The Customer/User confirms being over 15 years of age and capable of entering into the Contract. If the Customer/User is a minor, the Customer/User will have to obtain the authorisation of their legal representative to register and provide proof of this to Kokoroe.

Kokoroe reserves the right to refuse the opening of an Account, at its discretion, notably for one of the following reasons: (i) the User is a minor and has not obtained the authorisation of their legal representative, (ii) the User indicating that they are an employee of a Customer turns out not to be or, more generally, (iii) certain information communicated is erroneous, fraudulent, falsified or doubtful.

3.3 Account settings

When creating the Account, a username and a password must be set. It is the responsibility of the Customer/User to choose a password that is strong enough to avoid any hacking of the Account. These elements will be requested and required for each connection. Any connection to the Account using the elements defined by the Customer/User will be deemed to have been made by the Customer/User themselves. The Customer/User will be responsible for use of the Learning Modules and for all actions performed with their login and password, except if the use of their Account has been made after unsubscribing, or after notification to Kokoroe of the misuse of the Account.

The Customer/User is responsible for the confidentiality of the elements that allow login to the Account and will implement the physical and logistical security measures required to maintain confidentiality. If the Customer/User notices or suspects fraudulent use by a third party, they undertake to report it without delay to Kokoroe. Any loss of password must promptly be followed by connection to the Site to follow the procedure by clicking the “forgotten password” link.

3.4. Individual access

Any person can also access certain pages of the Site and in particular free training without an account, but without being able to benefit from all the functions and in particular access to Quizzes or Learning Resources. Nevertheless, the T&C shall be enforceable in that they govern the conditions of use of the Site.

4. Description of the Service

The Service is described in Annex 1, subject to more specific clauses that may appear in the other documents making up the Contract. The Service is provided for a fee in consideration of the price paid by the Customer to Kokoroe, for the duration of the Contract. The Service is provided in Remote Access mode, except if the Contract specifically concluded between Kokoroe and a Customer, based on a specific quotation, is equivalent to an express order of the Service with the LMS Mode option.

Access to the Learning Modules requires a subscription or, failing that, the signature of a specific order by the Customer: simple navigation on the Site and viewing certain accessible contents does not require the subscription or the placing of such an order, it being specified that these are non-commercial contents with an exclusively illustrative purpose, and are not Learning Modules included in the Service.

The standard subscription solution offered on the Site is the “Premium” subscription, which enables the Customer to benefit from the Service, in Remote Access mode, to the Learning Modules indicated in Annex 1.

In any event, the information given on the Learning Modules (training time, prerequisites, objectives, public concerned, training programme, etc.) is provided for information purposes only. Similarly, the content of the Service is by nature evolutionary and therefore subject to change in whole or in part, at any time, without prior notice, and as decided at Kokoroe’s discretion. As such, Kokoroe reserves the right to: (i) modify, by adding or deleting content, certain Learning Modules of its choice; (ii) remove from the Service certain Learning Modules of its choice; (iii) include in the Service new Learning Modules of its choice. Kokoroe may place new versions of the Learning Modules online and require the use and/or installation (in LMS Mode) of the most recent version. Any new feature, tool or resource added to the Service shall be subject to the T&C. The delivery of certificates of achievement by Kokoroe only attests to the completion of a training course and is not equivalent to the delivery of a diploma or a qualifying certification.

Kokoroe has concluded a partnership with Pôle emploi. As part of this, Users that are job seekers shall have access to certain Learning Modules indicated in Annex 4.

5. Financial terms and conditions

The price of the Service is indicated in euros, all taxes included.

Subscription prices are specified on the Site under the heading “My subscription” and are likely to change over time. Kokoroe therefore makes no commitment to ensuring that these prices do not change. All payments must be made monthly, except for an annual subscription (the entire amount must be paid in one go, at the time of subscription).

Invoices must be paid by direct debit or cheque within sixty (60) Days from the date of issue of the invoice.

By way of exception, payment for the monthly subscription is made on the Internet and must be made at the same time, in accordance with the instructions given to this effect during the validation process. Payment shall be made in euros by credit card (Visa, Mastercard, American Express). Kokoroe uses the secure payment tool Stripe provided by the company Stripe Inc. Kokoroe never has access to confidential payment information used by the latter to pay the subscription. To make the payment, the Customer will be asked to provide the credit card number, the expiration date of the credit card and, if applicable, the visual cryptogram. The Customer will only provide their bank details once to subscribe to the Service and to proceed with the payments of the monthly instalments. To this end, the Customer guarantees Kokoroe that they have any authorisations necessary to use the payment method selected when validating the subscription to the Service. The Customer guarantees that they are fully authorised to use the credit card provided for the subscription to the Service and that this credit card gives access to sufficient funds to cover all the costs resulting from this subscription to the Service, i.e. a monthly payment of the subscription. By clicking the “Pay” button during the Service subscription process, the Customer declares that they fully and unreservedly accept the T&C in their entirety. Where applicable, the Customer will confirm this by making the subscription payment in the form of a monthly payment. Kokoroe will systematically confirm each Customer’s subscription to the Service, followed by the availability of all the learning resources on the website, by email.

5.1 Late payments

In the event of late payment, a contractual penalty corresponding to three times the legal interest rate in force shall be applied. This penalty applies as of the due date of the invoice and is payable on simple request by the Customer. In this case, the Customer shall also owe fixed compensation of 40 euros.

In the absence of payment of the price by the due date, Kokoroe may decide, at its discretion, to claim payment, suspend the Service or terminate the Contract by right. Any sum not paid by the due date will accrue interest at the legal rate, without prior formal notice.

Moreover, Kokoroe reserves the right, fifteen (15) Days after sending an unsuccessful formal notice, to suspend the Service until full payment of the sums due, and if this payment is not made within seven (7) Days, to automatically terminate the Contract with immediate effect.

5.2 Electronic invoicing

The Customer expressly agrees to receive invoices in electronic format at the email address provided when signing the quotation, where applicable. No invoices will be sent by post. The Customer shall take all measures necessary to ensure that electronic invoices can actually be received at this email address, and shall in particular ensure that the technical devices (filtering, firewalls, etc.) are set up accordingly. If an automated electronic response is received, the invoice shall be deemed to have been validly delivered to its recipient. The Customer shall immediately inform Kokoroe of any change affecting the email address to which invoices are sent. Any invoice sent to the last validly indicated address shall be deemed to have been validly received in the absence of any indication of a change of email address.

6. Availability

The Learning Modules and the Site are accessible remotely at https://www.kokoroe.fr to any User with a compatible computer connected to the Internet, subject to technical hazards and maintenance periods.

Kokoroe strives to ensure 24-hour accessibility. However, the Customer/User is warned of the technical hazards inherent to the Internet and the access interruptions that these can cause. Kokoroe therefore makes no commitment to providing permanent accessibility and cannot be held responsible for any unavailability or slowdowns. Kokoroe provides the Service “as is” and without any guarantee of any kind, notably of continuity or availability.

It is specified that the availability of the Service may at any time be impacted, slowed down, suspended or temporarily interrupted in the following events: (i) maintenance, updates and upgrades; (ii) malfunction or interruption beyond the control of Kokoroe, or related to human error, a bug, a virus or the actions of a third party; (iii) any action or omission of the Customer or a User; (iv) technical incompatibility with the computer system, software, hardware or internal rules applicable at the premises of a Customer/User; (v) non-conforming, suspected or proven use; (vi) security reasons at the decision of Kokoroe.

Notwithstanding the foregoing, if a subscription has been taken out for LMS Mode, the Customer is solely responsible for the supply of the Learning Modules to the Users. Kokoroe’s obligations in relation to the Service are limited to providing a copy of the Learning Modules to the Customer, in electronic format, on the agreed date. Kokoroe accepts no obligation regarding the availability of the Learning Modules once they have been delivered as set out in the above-mentioned terms and conditions.

7. Intellectual property

If the Learning Modules include content subject to third party licences indicated in Annex 1, which are therefore governed by these licences, Kokoroe shall be deemed the owner of all intellectual property rights relating to the Service, the Learning Modules and the Site.

The Contract does not entail any transfer or licensing of any kind to the benefit of the Customer or the Users, in particular for the Learning Modules.

Kokoroe grants the Customer and the Users the limited, personal, non-transferable and non-exclusive right to remotely access the Learning Modules available on the Site, in an exhaustive and limited manner, and to consult them remotely, in their original environment, for the sole purpose of internal professional training, to the exclusion of any commercial purpose and/or third parties. This right is valid worldwide for the term of the Contract.

As an exception to the above, with the LMS Mode option, Kokoroe grants the Customer the limited, personal, non-transferable, non-exclusive right to reproduce two identical copies of the Learning Modules provided by Kokoroe, in an exhaustive and limited manner, in the Customer’s Learning Management System, and to allow their remote consultation by the Customer’s Users for the sole purpose of internal professional training, to the exclusion of any commercial purpose and/or third parties. This right is valid in France only for the duration of the Contract.

Any other use of the Service that is not authorised hereunder is strictly prohibited. In particular, it is forbidden to broadcast, distribute, directly or indirectly make available the Learning Modules for the benefit of a third party or the public, whether free of charge or for a fee, as well as any translation, adaptation, arrangement or modification of the Learning Modules, in particular with a view to creating a service, an application, or similar content. However, the Customer or the User may, after obtaining specific prior written authorisation (particularly email) from Kokoroe, communicate to the public all or part of the Learning Modules.

The parties irrevocably agree to replace all guarantees of legal origin with the following guarantee. Kokoroe shall defend the Customer against claims, proceedings or convictions, brought by a third party alleging that all or part of the Service infringes one of its intellectual property rights, provided that the Customer (i) immediately notifies Kokoroe in writing of the existence of the proceedings, (ii) makes a request for their defence, (iii) offers their full cooperation with such defence, (iv) does not compromise without the prior written consent of Kokoroe, (v) is up to date with the payment of Kokoroe’s invoices, and (vi) does not terminate the Agreement before the end of the proceedings instigated by the aforementioned third party. Kokoroe shall not be liable for (i) any misuse of the Service by the Customer; (ii) any breach of the Contract ; (iii) any modification of the Learning Modules by the Customer; or (iv) for the Learning Modules including any content that is subject to the third party licences indicated in Annex 1. At any time, Kokoroe may, at its discretion and at its own expense, modify all or part of the Service in such a way that the Service is no longer infringing (by modifying the disputed element or by obtaining the rights thereto). Kokoroe shall bear any final conviction handed down against the Customer by a court of law as well as a reasonable amount of lawyer’s fees, to the exclusion of any other sum.

The Service may include additional learning resources, available using hypertext links to other websites not published by Kokoroe. The presence of these links on the site does not constitute a ground for liability on the part of Kokoroe for their content.

8. Confidentiality

Each party undertakes (i) to keep confidential all information it receives from the other party; (ii) not to disclose the other party’s confidential information to any third party (other than Kokoroe’s subcontractors); and (iii) not to use the other party’s confidential information except to perform its obligations under the T&C. The Learning Modules, the Service, the Site, the talks and the financial terms agreed between the parties are confidential information. The confidentiality undertaking of each party lasts (i) for as long as the other party intends to keep its information confidential except in the event of a request for disclosure from a legal or judicial authority and, in any event (ii) for a period of five (5) years from the end of the Contract.

Each party shall immediately inform the other party of any reason to suspect a breach or risk of a breach of confidentiality for the information it holds. All confidential information and copies thereof, disclosed by one party to the other, shall remain the property of the disclosing party. It is expressly agreed between the parties that the disclosure by either party of confidential information to the other party under the T&Cs shall in no way be interpreted as expressly or by implication conferring upon the receiving party any right (whether by licence or otherwise) to the materials, inventions or discoveries to which such confidential information relates, or any other intellectual or industrial property right. The confidentiality undertaking of each party lasts (i) for as long as the other party intends to keep its information confidential except in the event of a request for disclosure from a legal or judicial authority and, in any event (ii) for a period of five (5) years from the end of the Contract.

Any Customer/User is responsible for the confidentiality of the identifying and authenticating codes that allow, where applicable, Users to access the Learning Modules. Any disclosure of the codes to a third party is prohibited. Any Customer/User undertakes to implement the physical and logical security measures necessary to maintain confidentiality. If a Customer/User notices or suspects fraudulent use of the said codes by a third party, they shall immediately inform Kokoroe thereof. Kokoroe accepts no responsibility for use of the Learning Modules by a third party using the above-mentioned identifying and authenticating codes.

9. Personal data

The parties undertake to comply with French law no. 78-17 of 6 January 1978 as amended and Regulation (EU) 2016/679 of 27 April 2016 to the extent applicable to them under the T&C. The obligations of the parties are detailed in Annex 4.

10. Duration – Termination – End of Contract

Unless otherwise agreed, the Contract is concluded for an indefinite period. Either party may terminate the Contract with six (6) months’ notice as from the receipt by the other party of a registered letter with acknowledgement of receipt. Any sum invoiced is due in full.

Notwithstanding the foregoing, online subscriptions (Article 4) are for a limited period: either one month or one year, depending on the choice made by the Customer when taking out the subscription. This duration shall be renewed by tacit agreement for the same duration unless the Customer gives notice of termination before the expiry date (by choosing “My Account” and then “My Subscription”). Termination is effective at the end of the period in progress at the time of notice of termination (monthly or annual). No refund shall be paid by Kokoroe.

Each party reserves the right to automatically terminate the contractual relationship by right, in the event of a breach by either party of their contractual obligation(s), after having sent a formal notice to remedy the breach(s) by registered letter with acknowledgement of receipt, which has remained without effect for a period of twenty (20) Days.

Kokoroe may, under the same conditions as set out above, terminate the Contract if the Customer acquires a competitor of Kokoroe.

No content from the Service, in particular the Learning Modules, may be retained by a Customer/User after the end of the Contract. The Customer/User undertakes to destroy all content in their possession, in particular the Learning Modules, and to send written confirmation thereof to Kokoroe. Kokoroe may conduct (or appoint an independent auditor bound by an obligation of confidentiality to conduct), within two years from the end of the Contract, an audit at its own expense, at the premises of the Customer (or the premises of their service providers), in order to carry out all necessary checks to confirm full compliance with the Contract, in particular with regard to the aforementioned destruction, within two years following the end of the Contract. If the audit report proves use of the Learning Modules by the Customer/User after the end of the Contract, the Customer agrees to reimburse Kokoroe for the audit costs and to pay a fixed compensation of 50,000 euros, without prejudice to any other damages to which Kokoroe may be entitled.

11. Responsibility

Use of the Learning Modules is under the sole responsibility of the Customer and the Users. The latter undertake to guarantee Kokoroe at first request, to indemnify and compensate Kokoroe for any damage, loss, loss of profit in particular, that it may suffer if its responsibility was sought or engaged by a third party due to their actions.

Kokoroe is bound by an obligation of means for the obligations incumbent upon it under the T&C. In the event of proven fault, Kokoroe’s liability under the T&C shall be limited, for all damages combined, to the payment of damages in an amount equal, pro rata temporis, to the sums received by Kokoroe in respect of invoices paid by the Customer for the six (6) months preceding the operative event of responsibility.

Compensation for indirect damages is expressly excluded, in particular any lost profit, loss, inaccuracy or corruption of files or data, commercial prejudice, loss of sales revenue or profit, loss of customers.

No action may be brought against Kokoroe (i) at the end of a period of six (6) months after the occurrence of the event giving rise to the action, or (ii) at the end of any other longer restriction provided for by law. Kokoroe accepts no liability in the event of force majeure as defined in article 12 of the T&C. Kokoroe can in no way be held liable for damages caused by a User, a Customer, or by one of the following events: unavailability of the Site, bug, malfunction, malicious intrusion or hacking.

12. Force majeure

Neither of the parties can be held liable in the event of force majeure, which includes, in particular, events recognised as such by the French courts, natural disasters, acts of war, disturbances threatening the maintenance of law and order, epidemics, fires, acts of the State, strikes, technical and electrical problems outside the control of the parties and preventing any communication or telecommunication.

In the event of force majeure, the obligations of the parties shall be suspended for the duration of the event. If the event lasts for more than one (1) month, termination by right may be effected by registered letter with acknowledgement of receipt sent by the first party to act.

13. Evidence

Any electronic activity and communication between the parties shall have the same evidentiary force as a paper document. In the event of a dispute, Kokoroe shall be able to validly provide proof of any action by the Customer or a User via their connection and operation logs; these alone shall serve as proof, which the Customer and the User hereby acknowledge.

14. Miscellaneous

Any official communication, notification or complaint to Kokoroe must be made to the address indicated in Article 1 of the T&C, otherwise it shall not be valid or taken into account.

The parties hereby agree that Articles 1195, 1219, 1220, 1221, 1222 and 1223 of the French Civil Code shall not apply hereto.

The fact that one of the parties does not avail themselves of a default by the defaulting party of any of the obligations resulting from the T&C shall not be interpreted as a waiver of the right to avail themselves of any identical or similar subsequent default.

In the event that one or more clauses of the Contract are considered invalid, inapplicable or unenforceable by any competent court, the other clauses shall remain valid, applicable and enforceable unless otherwise decided by the said court. The parties nevertheless agree that in such a case, they shall negotiate in good faith replacement clauses which shall be (i) valid, applicable and enforceable and (ii) in accordance with the parties’ initial intention.

This Contract is governed by French law. Any dispute not resolved amicably within thirty (30) Days shall be referred to the exclusive jurisdiction of the competent Court of Paris.

Annex 1 – Description of the Service

Types of Learning Modules:

Service included in the Premium subscription (Remote Access):

Includes the following elements:

Third-party content that may be included in certain Learning Modules (and therefore subject to third-party licences available on the sites below):

Annex 2 – Special clauses on consumer rights

This annex applies to Consumers within the meaning of the French Consumer Code. In the event of a conflict with the T&C, the special clauses in this annex shall prevail.

1. Ability to conclude contract

The Service is only available to persons aged 15 years or older.

2. Right of cancellation

2.1 Exercise of the right of cancellation

The Customer has a period of fourteen (14) days following receipt of the email confirming the Premium Subscription to cancel it.

The Customer must inform Kokoroe of their decision to cancel by sending, before the expiry of the aforementioned period, any form of statement expressing this in a clear manner or by completing the following form:

[To: KOKOROE - S.A.S. I KNOW U WILL, 8, rue du Faubourg-Poissonnière, 75010 Paris, France :

I hereby notify you that I wish to cancel the following subscription:

First name and surname of the Customer

Email address of the Customer

Date]

Notification of the right of cancellation must be made to the following email address: contact@kokoroe.fr.

2.2 Effects of cancellation

In the event that the right of cancellation is exercised within the aforementioned period, Kokoroe shall refund the price of the Premium Subscription within a maximum period of fourteen (14) days from the date of receipt by Kokoroe of the Customer’s cancellation request.

This refund will be made by the same means of payment as that used for the initial transaction.

If the Customer has begun to use the Services prior to exercising their right of withdrawal, the Customer remains liable to pay an amount calculated pro rata for the period of use of the Service up until the communication of the cancellation request.

3. Financial terms and conditions

3.1 Subscription and price changes

Notwithstanding articles 4 and 5 of the T&C, Kokoroe can modify its services, subscriptions and the price of the “Premium” subscription. However, any modifications having an impact on the price of the Services shall only apply after a minimum period of thirty (30) Days following receipt of notification sent by Kokoroe.

3.2 Late payments

Notwithstanding article 5.3 of the T&C, in the event of late or non-payment of all or part of the sum due, and after unsuccessful reminders, Kokoroe reserves the right, after having informed the Customer thirty (30) Days in advance, to suspend access to the Service until full payment of the sums due or to terminate the Contract.

4. Complaint handling/mediation

4.1 Customer services

In case of complaint, disagreement or dispute concerning a Service, the Customer may inform Kokoroe:

4.2 Mediation

In the event that a disagreement persists between the Customer and Kokoroe, the Customer benefits, subject to the conditions of admissibility set out in the French Consumer Code, from effective and free recourse to the Consumer Ombuds to whom Kokoroe is answerable for the amicable resolution of disputes: the French Federation of E-Commerce and Distance Selling (FEVAD).

Disputes are not admissible by the Consumer Ombuds: (i) for which the Customer does not provide proof of having previously attempted to resolve the dispute directly with Kokoroe; (ii) where the request is manifestly unfounded or abusive; (iii) where the dispute has previously been examined or is being examined by another ombuds or by a court; (iv) where the Customer has submitted their request within a period of more than one (1) year from the date of their written complaint to Kokoroe; (v) where the dispute does not fall within their field of competence.

The consumer can also refer the dispute to the resolution platform of the European Union: https://ec.europa.eu/consumers

4.3 Place of jurisdiction

Notwithstanding Article 14 “Miscellaneous” of the General Terms and Conditions, the place of jurisdiction in the event of a dispute shall be, at the Customer’s choice, that of their place of residence, that of the place where the Customer was residing at the time of concluding the contract, or that of the occurrence of the harmful event.

Annex 3 – Job seekers

The content of this annex is specific to the persons concerned and, notwithstanding Article 2 of the T&C, shall take precedence in the event of a contradiction with a clause of the Contract.

Content: The following Learning Resources are accessible to persons registered as job seekers at Pôle emploi:

Including the additional resources for these training modules (summary sheet, podcast, PowerPoint, bibliographical resources, articles, MCQ).

However, it is essential to take out the Premium subscription to be able to access the training courses in the “Business Skills” category.

Type of access: remote, via the Site, after creating an Account
Duration: no limited duration
Price: free access for the User
Subscription: no
Supporting documents to be provided for the creation of the Account: Pôle emploi login details
Other specific clauses: no

Annex 4 – General Data Protection Regulation (GDPR)

The purpose of this Privacy and Personal Data Protection Policy (the “Policy”) is to explain how Kokoroe collects, uses and shares the Customer’s/User’s personal data in the context of the registration, execution, use and monitoring of the Service, whether in LMS Mode or in Remote Access via the Site, and the rights the Customer/User has in this respect.

Kokoroe determines why and how personal data is processed in its role as the “data controller”.

The Client’s/User’s personal data is processed in accordance with the applicable regulations, in particular Regulation (EU) 2016/679 (General Data Protection Regulation known as “GDPR”) and the amended French Data Protection Act #78-17.

1. Type of data collected

The collection of data is limited to information necessary for the accomplishment of the goals described hereinafter. Mandatory data is marked as such on the collection forms. Kokoroe collects and processes the following type of data:

– Identification data

Upon subscribing to the Service, Kokoroe asks the Client/User and collects the following personal data: an email address, a surname and forename. This is mandatory data.

The Customer/User may choose to provide Kokoroe with additional information as part of the creation of the “user profile”, but is not required to do so in order to use the Service. This information is: the home address. This is optional data.

– Data related to the use of the Service

When the Service is being used, Kokoroe automatically collects certain information, including personal data, about the materials used and how they are used.

This information concerns technical data (such as the IP address of the mobile devices used, operating system, browser, etc.) and information relating to the User’s consultation and use of the features of the Service.

2. Purposes of processing

Kokoroe processes the Customer’s/User’s personal data for the purposes described below, when:

3. Communication to third parties

In order to achieve the purposes described above, Kokoroe may need to communicate this personal data, in compliance with data protection regulations, to the following recipients:

4. Storage period

Personal data will be retained for the time necessary to achieve the purposes for which it was collected.

In order to determine the appropriate retention period for this personal data, Kokoroe considers the amount, nature and sensitivity of the personal data, the potential risk resulting from the unauthorised use or disclosure of the personal data, the purposes for which the personal data is being processed and any legal obligations. After that, personal data will be erased or archived in accordance with legal and regulatory requirements.

For example, for training actions, personal data will be kept for the legally prescribed period (i.e., 3 years) of administrative and financial controls applicable to training.

5. Technical and organisational security measures

Kokoroe implements appropriate technical and organisational security measures (such as, depending on the equipment, password protection, physical locks, etc.) to ensure a level of security appropriate to the risks represented by the processing carried out and the nature of the personal data to be protected.

Access to personal data is only permitted to authorised employees for the purpose of carrying out their professional tasks and who are subject to a confidentiality obligation.

6. Transfer out of the EU

All personal data is processed within the European Union. If, in the future, Kokoroe were to transfer personal data outside of the European Union, it would take the security measures and legal precautions necessary to ensure the security and integrity of the transferred personal data. For transfers outside the EEA to third parties, data recipients would be required to comply with the Standard Contractual Clauses or to be certified as compliant with the EU-US Data Privacy Shield.

7. Cookies

What is a cookie?

A cookie is a simple text file stored temporarily or permanently on the Customer’s/User’s desktop or mobile device (but also in some cases, in the web browser) at the request of the server of the site on which they are browsing. It is sent back to the website in question to enable it to recognise the Customer/User on subsequent visits.

Kokoroe uses “cookies” and other similar technologies in connection with the Site.

The Customer/User is informed that in case of refusal to use “cookies” in general, or the refusal of only some of them, the Site’s functions may be limited.

Types of cookies placed on the Site:

These cookies allow the Site to function optimally and to allow for navigation. It is possible to reject and delete these cookies using the browser settings, however the user experience may be degraded.

Cookie nameFunctionLifetime_fbpFACEBOOK facebook cookie tracking3 months_gaGoogle cookie navigation management/google statistics24 months_gat_UA-"ID_GOOGLE"Google cookie google identification cookie24 monthskokoroe-sessionUser identification cookie14 dayscookie-consentKokoroe GDPR cookie12 monthscookie-refuseKokoroe GDPR cookie30 days__stripe_sidFraud prevention cookie30 minutes__stripe_midFraud prevention cookie12 monthsmachine_identifierFraud prevention cookie12 monthsprivate_machine_identifierFraud prevention cookie12 monthsThird-party cookies intended to establish statistics, improve the Services and the interactivity of the Site, measure its audience, or for advertising purposes

The Kokoroe site relies on certain services offered by third party sites. These notably include:

These features use third-party cookies deposited directly by these services. When the Customer/User visits the Site for the first time, a pop-up informs the Customer/User of the presence of these cookies.

The Customer/User is able to delete the “cookies” stored on their connection terminal in order to permanently erase the information they contain. They can also reject the recording of these “cookies” by configuring their browser to do so.

8. Rights of the Customer/User

Under the regulations in force, the Customer/User has the following rights:

Some of these rights will only apply in certain circumstances. The Customer/User may exercise these rights by contacting the following email address: contact@kokoroe.fr

When the Customer/User contacts Kokoroe to exercise their rights, Kokoroe may request identification before processing the request.

The Customer/User is also able to lodge a complaint concerning the processing of their personal data with the competent data protection authority: the French Commission nationale de l’informatique et des libertés (CNIL).