Teach Up’s general terms and conditions of sale
Last updated: 01/01/2024
1. Defined terms
Subscription
One of the subscriptions described in the Purchase Order that allows the Client to access and benefit from the associated Applications and Services, taken out by way of the Purchase Order.
Applications
The range of Teach Up programs and software solutions available under a SaaS model to the Client in the context of the Services and as listed in Appendix 1.
Purchase Order
The means for taking out a Subscription. It contains the specific conditions relating to the present T&Cs as accepted by the client, in particular the type of Subscription chosen, the price and any applicable discounts, financial terms and conditions, the number of End Users and the Effective Date. The Client sends the signed Purchase Order to the Service Provider, who must acknowledge its receipt in order for it to be valid.
T&Cs
The current General Terms and Conditions and their appendices.
Client
A professional buyer who purchases the Services from the Service Provider. It is understood by the term “professional buyer” any natural or legal person, private or public, whose actions fall within the scope of their commercial, industrial, artisan, agricultural or professional activity, including where acting for or on behalf of another professional.
Contract
Contractual Documents as described in Article 2 below.
Effective Date
The date the Services named in the Purchase Order commence.
Documentation
Any and all documentation relating to the Applications and/or Services, provided to the Client by the Service Provider, that formalize the technical and functional reference materials for the Applications and Services.
Data
All information and data pertaining to the Client, including any and all Personal Data that has been entered or uploaded to the Applications, automatically or by the End User, or processed, modified or generated by or in the Applications.
Personal Data
Data which, as per the Data Protection Laws, allows for the direct or indirect designation or identification of a natural person.
Sensitive Data
Data which, at the Client’s discretion, are identified as being of particular importance to the Client, and as such that require specific processing to protect their contents and ensure their availability and security, and data defined as sensitive by the laws and regulations applicable to the Client and for which these legal provisions foresee specific management, namely data protection laws.
Login Details
Access codes (user name and password) unique to each End User and used as identification to access the Applications.
Security Incident
Any attempt to breach the security of the Applications and/or the confidentiality, completeness and/or integrity of the Data, any Data Violation of a personal nature (as defined by Data Protection Laws), and more broadly any unauthorized and/or illegal access, acquisition, usage, sharing, modification, storage/processing, destruction or loss of Data.
Data Protection Laws
Any and all laws and regulations pertaining to personal data protection applicable to one or both parties in the context the Contract, namely the General Data Protection Regulation (EU) 2016/679 (“GDPR“) and any French national legislation enacting the GDPR, including the French Data Protection Act (la loi informatique et libertés) of 06/01/1978 and its amendments.
Party
The Client or Service Provider.
Parties
Both the Client and Service Provider together.
Service Provider
Teach Up, a French SAS (simplified joint stock) company with a capital of €724,021, having its head offices at 46 rue du Président Edouard Herriot 69002 Lyon, registered with the Lyon Trade Registry under the number 844 317 461, VAT no. FR28844317461, represented by its Managing Director Nicolas Bourgerie.
Reversibility
The return of Data to the Client or a designated third party by the Service Provider, in its last saved state and in a standardized format readable in an equivalent environment, according to the conditions defined in Article 18.
Services
The range of services as more fully described in the Appendices that the Service Provider undertakes to provide to the Client under the terms of the Contract, in particular:
(i) the availability of the Application to the Client using a SaaS model,
(ii) the hosting of the Applications and Data,
(iii) administration services and technical and functional support.
End User
Any person designated by the Client to connect to the Applications and benefit from the Services in compliance with the terms of the Contract.
2. Contractual Documents
The Contractual documents listed in descending order of legal importance are as follows:
1. The Purchase Order;
2. The present T&Cs;
3. The Appendices to the present T&Cs (the Appendices are not ordered according to a hierarchy of importance).
3. Purpose
The aim of the present T&Cs is to define the conditions under which the Service Provider undertakes to make the Applications and associated Services available to the Client, and the conditions, including financial, under which the Client can access and benefit from these Applications and Services.
The Client acknowledges that they have read and understood the present T&Cs with a view to signing up to a Subscription, prior to signing any Purchase Order.
4. Duration and End of the Subscription
4.1. Duration
The client agrees to sign up to a Subscription for the duration specified on the Purchase Order, commencing on the effective date stated on said Purchase Order. In the absence of a stated duration on the Purchase Order, the client agrees to take out a Subscription for a duration of one (1) year from the Effective date.
Unless otherwise expressly stated in the Purchase Order, the Subscription may be automatically renewed for a further successive period of one (1) year if neither Party expresses to the other Party, in accordance with the provisions of Article 20 below and at least one (1) month before the end date of the Subscription, their intention to terminate the Subscription.
The Subscription is considered to have commenced once the Service Provider has issued to the Client their Login Details as per Appendix 2.
In the event of multiple orders taken out by means of a Purchase Order, the totality of the Subscriptions will commence on the date indicated in said Purchase Order.
4.2. Termination of the Subscription
To terminate their Subscription, the Client must notify the Service Provider, in accordance with the terms stated in Article 20 below, a minimum of thirty (30) days prior to the planned renewal date of the Subscription. The end date of the Subscription will be the last day planned for the Subscription in question at the time of the termination request.
In the event that the Client wishes to change their Subscription before its renewal date, to one of a higher value, the Service Provider may issue the Client with a credit note for the unused portion of the Subscription. From that point on, the Client commits to a new duration of the length specified in the new Purchase Order. In the event a duration is not stated in the Purchase Order, the Client takes out a Subscription for a period of one (1) year from the Effective Date.
However, purchase of Options, as described in Appendix 1, will not alter the duration of the Client’s initial commitment, unless otherwise indicated in the Purchase Order.
4.3. Termination for Breach
In the event that one or both Parties fail to perform their obligations as defined in this Contract, the other Party shall be entitled:
– thirty (30) days after formally notifying the defaulting Party of the breach in question in accordance with Article 20 below, and having received no response; or
– immediately in the event of an irremediable breach;
to terminate the Subscription after notification according to the terms stated in Article 20 below, without prejudice to any request for compensation for damages incurred.
4.4. Effects of the end of the Subscription
At the end of the Subscription, irrespective of the reason for its termination, the access and usage rights to the Application given by the Service Provider as part of the Subscription will be automatically withdrawn and Data shall immediately cease to be available on the Service Provider’s servers. The Client understands and accepts that is their responsibility to recover their Data using the data export tools available to them through the Applications prior to the end of the Subscription.
Unless otherwise agreed to in writing by the Parties and at the request of the client to apply Article 18 below, the Service Provider will delete the Data one (1) year following the effective end date of the Subscription.
5. Subscription
5.1. Subscription
To access and use the Applications available, a Subscription registered to a specific person or company is required.
The Client may opt to increase the number of available functions in their Subscription by subscribing to, when offered, one or several Options, as described in Appendix 1, by ticking the corresponding boxes on the Purchase Order.
5.2. Trial version
In order to ensure that the Applications correspond to the Client’s needs, prospective Clients may access a free trial. The opportunity to trial the Applications is only available prior to signing a Purchase Order.
In this respect, upon request the prospective client will receive, via email or online at http://www.teachup.com, a user name and password that provides them access to the Applications on a trial basis until:
– The end of a fifteen (15) day period from the day the trial is requested; or
– The Service Provider terminates the trial unilaterally due to usage of the Applications that contravenes the T&Cs agreed to by the User at the time of registering for the trial.
At the end of the trial period, irrespective of the reason for its end, the Applications, Data and any Modules, as defined in Appendix 1, created through the Applications during the trial period shall no longer be usable nor accessible by the Client or End Users until the Client has signed up and paid for a Subscription.
6. Conditions of use and implementation of Services
6.1. Rights of Use of the Applications
The Service Provider grants the client, on a non-exclusive, non-assignable and non-transferable basis, world-wide right of use for End Users of the Applications and their Documentation for the duration of the Subscription.
This right is granted with the sole and unique aim of allowing the use of Applications by the End User, compliant with the Client’s needs and the Documentation, to the exclusion of all other end uses. Right of use includes the right to represent and implement the Applications in accordance with their intended purpose, under a SaaS model via a connection to an electronic communications network. The Client is strictly prohibited from any other use, in particular but not limited to any adaptation, modification, transformation, translation, arrangement, distribution, decompiling, disassembly, and creation of derivatives, of all or in part of the Applications.
The Client is responsible for the compliant use of the Applications by the End Users.
6.2. Means of Service provision
The Services are provided in the context of a shared infrastructure drawing on the resources of the Service Provider, subject to the Client’s respect of their own obligations.
The Service Provider may, at any time, modify the Applications and/or Services, or alter the way in which the Services are provided, if it could be reasonably expected that this will not inconvenience the Client, or that the modifications will improve the Services.
The Client acknowledges that they have been informed by the Service Provider of the full IT requirements necessary for the optimal functioning of the Services. Furthermore, the Client is informed that these prerequisites are subject to change, namely due to technical reasons. If any change takes place during the Subscription, the Client shall be informed ahead of time. The range of prerequisites and any potential modifications may be consulted in the Appendices of these General Terms & Conditions.
The Client undertakes to only provide authorized users access to the Application and shall ensure all authorized users strictly adhere to the confidentiality rules and regulations relating to their Login Details.
Access to the Applications is authorized for the number of End Users specified in the Appendix “Access to Applications under a SaaS model” of the Purchase Order. The Client acknowledges that once the maximum number of End Users is reached, access to the Applications will be impossible for any additional End Users until such time as the number of End Users is increased through an amended, signed Purchase Order.
6.3. Access to the Applications
Access to the Applications is provided to each End User through the use of personal Login Details, from any personal or portable computer, even those outside the Client’s offices, and in compliance with the process defined in Appendix 2.
To connect to the Applications in a non-SCORM format, the End User must hold a valid e-mail address. It is the responsibility of each End User connecting in this way to create a password that complies with the security requirements established by the Client, or in the absence of such requirements, those of the Service Provider.
The Client must ensure the confidentiality of Login Details is respected by End Users. User names and passwords may only be used for the purposes of providing access to the Application to End Users authorized by the Client, in the interests of guaranteeing the security of the Client’s Data. Login Details shall not be disclosed to any third parties, including other End Users.
The Client is solely and entirely responsible for the use and confidentiality of the Login Details and must ensure that only authorized persons have access to the Applications. In the event of a Security Breach, in particular those relating to the voluntary communication or misappropriation of user names and passwords, the Client must immediately inform the Service Provider so that the latter may take appropriate action to remedy the breach.
In the event of the loss or misappropriation of a set of Login Details, a new user name and password shall be issued.
6.4. Availability
The Service Provider guarantees the availability of the Applications in accordance with the terms and conditions listed exhaustively in Appendix 3.
6.5. Volume
The available storage volume for a client may be limited for certain import functions. In the event the volume stored exceeds the total volume allocated, the Client must reduce their storage to below this limit within a maximum of 5 days from the effective date of it being exceeded, as communicated by the Service Provider.
6.6. Use of Generative Artificial Intelligence (AI)
The Applications allow the creation of content through generative AI softwares available in the market. The use of these generative AI is not included in the default Applications and is optional. If the Client wishes to use generative AI, they acknowledge and accept that the terms of service of these AI applications will be applicable in this context.
7. Obligations of the Parties
7.1. Obligations of the Service Provider
The Service provider undertakes to make the Applications available to the Client, and to provide the Services to the Client, from the Effective Date and in compliance with the terms of this Contract.
The Service Provider undertakes to:
– in its capacity as an IT services professional, inform, advise and make the Client aware of any element or circumstance of which the Service Provider has knowledge that could hinder the proper functioning of the Services;
– provide the Services conform with the Service Levels defined in Appendix 3, and more broadly with diligence, care, and in line with the rules and best practices in use by the profession;
– assign qualified and competent personnel to perform the Contract on a continuous basis;
– hold and maintain for the duration of the Subscription all licenses, approvals, certifications and authorizations required to perform their obligations under the Contract;
– hold, and continue to hold, all necessary rights for the transfer or granting of all intellectual property rights to the Client as per the conditions defined in the Contract;
– ensure that the Services comply with the applicable regulations in force for the duration of the Subscription and to take, at its own expense and in a prompt manner, all necessary measures to render them compliant in the event that they cease to be in whole or in part.
7.2. Obligations of the Client
The Client undertakes to work with the Service Provider and to provide and/or guarantee access to any and all information and elements that the Service Provider could reasonably be expected to need to fulfil their obligations under the Contract.
8. Intellectual Property
8.1. Property rights for the Applications and Documentation
The Applications and their components, such as object and source codes, software, databases, user manuals, user interfaces, texts, images (animated or otherwise), photographs, sounds and any other material, and associated documents, are and remain the sole and exclusive property of the Service Providers and its license holders.
The Client is prohibited from reproducing the Applications and the materials of which they are comprised, in any means whatsoever, or in any form or medium.
8.2. Hold Harmless clause
The Service Provider guarantees that they hold all the intellectual property rights necessary to offer the Services, and that as such the Services do not infringe the rights of any third parties or pre-existing work.
The Service Provider shall hold the Client harmless against any action or claim by a third party for intellectual property infringement, unfair competition and free-riding resulting from, or relating to, the use of the Services by the Client.
8.3. Usage of names, trademarks, etc.
8.3.1 No Party may mention or use the name, denomination, trademarks, logo or other denominations, commercial or otherwise, of the other Party without its prior express written consent.
8.3.2 Notwithstanding the aforementioned, the Service Provider may use the Client’s name, denomination, trademarks and logos to the extent necessary for the performance of the Services, including in later service offers.
8.3.3 Furthermore, the Client authorizes the Service Provider, unless otherwise instructed in writing, to quote their name/denomination for reference purposes during and after the performance of the Services and, where applicable, to include a generic description of the services provided.
9. Maintenance
The Service Provider ensures the Maintenance of the Applications in accordance with the terms and conditions listed exhaustively in Appendix 3.
10. Data
10.1. Data ownership
The Client is the sole rights holder of the Data processed in the context of the Services.
The Client grants the Service Provider as necessary, free of charge, a non-transferable, a non-exclusive, world-wide license to host, cache, copy and display said Data for the sole purpose of performing the Services and exclusively on the occasion or in connection therewith.
The present license shall automatically cease upon the termination of the Subscription, unless continued hosting and processing of the Data is necessary, namely in the context of carrying out of Reversibility operations.
The Client declares and guarantees that they have all the necessary authorizations for the use of the Data in the context of the Services and that they can freely grant a license to the Service Provider under the aforementioned terms. Furthermore, the Client declares and guarantees that by creating, installing or downloading the Data within the context of the Services, it does not exceed any right it may have been granted to all or part of the Data, and that it does not infringe upon third party rights.
The Client undertakes to indemnify the Service Provider against any financial consequences the latter may bear as a result of a breach by the Client with regard to the aforementioned guarantees relating to the Data.
The Client shall ensure when using the Services not to input Data that would require the Service Provider to comply with specific laws and regulations other than those expressly stipulated in the Contract.
10.2. Access to Data
Access to Data is exclusively reserved for the Client.
However, the Service Provider may also access the Client’s Data for the sole purpose of providing Services and for a limited number of persons governed by strict confidentiality agreements. This access to the Data by the Service Provider can only be temporary. The Service Provider shall ensure the data is not damaged and no further access is allowed once the reasons justifying their intervention have ceased.
The Client understands and accepts that the Service Provider may access their Data and transfer it to an authorized administrative or judicial body when ordered to do so.
Unless the aforementioned order prevents them from doing so, the Service Provider shall immediately inform the Client of the request and the nature of the Data transferred.
10.3. Access and data security, personal data and sensitive data
In the scope of the provision of the Services, the Service Provider recognizes that it may process Personal Data in the name of and on behalf of the Client. The Service Provider, acting as the “Processor” as defined by the Data Protection Laws, undertakes to process the Personal Data in its possession pursuant to the applicable laws.
With regard to Personal Data collected and processed by each of the Parties on their own behalf for the administrative requirements of the Contract, and which relate to staff employed by the other Party, each of the Parties agrees to process this data as a “Controller” as defined by Data Protection Laws and as such undertakes to fully comply with the obligations incumbent on them under this legislation.
The Client is solely responsible for the creation, selection, conception and use of the End Users’ Data in the context of the Services. It is equally solely responsible for the collection and processing of End User’s Personal Data and Sensitive Data. Where the legislation applicable to the Client requires that prior permission be obtained from those whose Personal Data will be processed, or where such legislation gives the person responsible for the processing this Personal Data a set of obligations, it is incumbent upon the Client and their sole responsibility to comply with legislative provisions in force and to obtain any prior necessary authorizations.
The Client acknowledges that the Service Provider has no control over the transfer of Data via public telecommunications networks used by the Client to access the Services, namely Internet networks. The Client acknowledges and accepts that the Service Provider cannot guarantee the confidentiality of Data when transferred using public networks. As a result, under no circumstances shall the Service Provider be held liable in the event of the misappropriation, capture or corruption of Data, or any other event likely to affect the Data, that occurs during their transfer on public telecommunications networks. Under this Article, the term Data includes Sensitive and Personal Data.
The Client acknowledges that they have had the opportunity to audit, at their own expense, the Service Provider’s security processes and procedures, in particular Data security. The Client is solely responsible for assessing whether the security measures are sufficient, at any point in time, in particular with regards to Sensitive Data and Personal Data. The Client is required, and is their sole responsibility, to determine any additional precautions and security measures to be implemented to address their security needs and obligations (Data encryption, back-ups, etc.)
11. Prior technical audit
The Client declares it has conducted a technical audit prior to signing the Purchase order, and has verified the conditions, notably in terms of security, in which the Services will be used. The Client therefore accepts the present T&Cs with full knowledge of said technical conditions, which they have accepted and recognized as sufficient for their needs.
12. Financial conditions
12.1. Service Pricing
The financial conditions of the Contract are stated in the Purchase Order.
The Purchase order indicates the price of the Services broken down according to function such as usage fees, additional fees and charges (fixed or variable), etc. The prices stated in the Purchase Order may be revised annually, at the date of the Contract’s renewal, upon the initiative of the Service Provider. The Client must be informed of any such changes at least three months prior to the change in price.
The Client accepts that the price of certain Services stated in the Purchase Order is subject to change according to the actual usage of the Services or volume consumed.
12.2. Payment of invoices
The Client must pay the full amount of each invoice, including any taxes mentioned, without seeking compensation for any sums payable or claimed to be payable by the Service Provider. The amount indicated on the Purchase Order for the Services does not include customs fees, taxes (including VAT where applicable) or any other fees or duties incurred to facilitate the delivery and use of the Services by the Client. These additional fees, duties and taxes are the sole responsibility of the Client, and as such the Service Provider collects a net sum. The Service Provider is not required to inform the Client of any fees, taxes and duties or any other charges applicable in the country in which the Services are delivered or are used by the Client. The Client is required to make enquiries with the relevant authorities.
Prices are expressed in Euro and payment, unless otherwise agreed by the Parties, must be made in this currency via electronic bank transfer to the Service Provider, without any transaction fees being incurred by the Service Provider, to the nominated bank account on the Purchase Order.
12.3. Late payment
Payments must be made to the Service Provider in the time frame stated on the Purchase Order. Unless otherwise stated, all invoices are payable from the date of issue.
Where payment for the total sum payable to the Service Provider in performance of the Contract is not made in the agreed time frame, the Service Provider shall contact the Client in writing, in accordance with the terms provided for in Article 20 below, requesting the Client to make payment within fifteen (15) days of receipt of said letter.
In the event the Client fails to pay all sums due including the principal, interest and costs after this additional period, the Service Provider may suspend access to the Applications and shall also be entitled to terminate the Contract, without notice or legal formality, and without prejudice to the right to recover the sums due and any damages and interest.
Any late payment will incur a fee payable by the Client of three (3) times the legal interest rate. This penalty will be automatically debited from the Client’s account without the need for a reminder or prior formal notice. In accordance with Article D. 441-5 of the French Commercial Code, the Service Provider may require the Client to pay a fixed indemnity of forty (40) Euro for recovery costs in addition to the aforementioned late payment penalties
13. Guarantees
The Service Provider guarantees the Applications are conform with the associated Documentation, their proper functioning, and the integrity of Data processed and/or generated by the Applications.
The Service Provider does not make any express or implicit guarantee relative to the Services, the Applications, or the Documentation, including and in particular, any implicit guarantee for the quality of merchandise or the appropriateness of the Applications for a particular purpose. The Service Provider does not guarantee the results of the Services and is liable only for obligation of means. It does not guarantee that the function of the Applications will satisfy the expectations of the Client. The Parties acknowledge that the software package may contain errors and that these are not all economically rectifiable or require a correction. The Service Provider therefore does not guarantee that the totality of any errors or bugs in the Application will be corrected.
14. Liability
The Service Provider shall not be held liable under any circumstances for indirect damages incurred by the Client that could arise from, or during, the provision of the Applications and associated Services. “Indirect damages” include but are not limited to, loss of earnings or profits, loss of opportunity, commercial damages, the consequences of complaints or third-party claims against the Client, notwithstanding the fact that the Service Provider would have been warned of the possibility of their occurrence.
In any event, where damage is incurred by the Client, for any reason whatsoever and regardless of the legal basis invoked or retained, the liability of the Service Provider for all damages, combined and cumulative, shall be expressly limited and may not under any circumstances exceed the amount paid by the Client over the prior twelve (12) months under the Subscription.
Under no circumstances shall the Service Provider be held liable in the event of:
– any use of the Services not expressly permitted by this Contract;- the modification, all or in part, of the Applications or information accessible via the Services that are not carried out by the Service Provider or a provider designated by them;
– the use of all or part of the Services following a difficulty or for any other reason, despite the recommendation by the Service Provider that usage should be suspended;
– the use of the Services in an environment or configuration not in keeping with the technical prerequisites of the Service Provider, or in connection with third-party programs or data not expressly endorsed by the Service Provider;
– any damage arising from a failure or negligence on the part of the Client, or which could have been avoided by following the advice of the Service Provider;
– the use of programs in connection with the Services not provided or endorsed by the Service Provider, and likely to affect the Services or the Client’s Data.
These terms, which distribute the risk between the Parties, are essential for the Service Provider. The price offered and agreed to reflect this distribution of risk and the resulting limitation of liability.
15. Confidentiality
15.1. Definition of Confidential Information
For the purposes of the present T&Cs, “Confidential Information” is defined as follows:
– the Applications and all their components such as software, databases, user manuals, user interfaces, texts, images (animated or otherwise), photographs, sounds and any other material;
– associated Documentation;
– Data.
Confidential Information includes written and other tangible information in particular, as well as information shared orally, visually, electronically or by any other means.
The term “Confidential Information” does not include information which:
a) is, or becomes, generally accessible to the public under circumstances other than due to the disclosure by a Party, or by any person with whom said Party shares Confidential Information;
b) Is independently developed by a Party without using or exploiting in any way the Confidential Information of the other Party.
15.2. Confidentiality obligations
Each Party undertakes to:
i) not disclose to any third party the Confidential Information of the other Party, except in the case where such a disclosure is previously authorized in writing by the other Party and on the condition that the third party undertakes beforehand to adhere to the same confidentiality obligations as those contained in this Article;
ii) only use the Confidential Information of the other Party under the conditions defined by the present T&Cs;
iii) share the Confidential Information of the other Party only with internal members of staff that are authorized to access it;
iv) ensure that the Confidential Information of the other Party is used by its staff only under the conditions defined in the present T&Cs, and in any event ensure compliance by the latter with the confidentiality obligations set out in this article;
v) maintain the confidentiality of all Confidential Information of the other Party in its possession or under its control. The measures used will in no way be inferior to the measures it takes to preserve the confidentiality of its own information of a similar type and importance.
Each Party is authorized to reveal or disclose part of the Confidential Information of the other Party only in the following cases:
a) The exercise of its rights within the framework of a legal, administrative or arbitration procedure, or an extrajudicial transaction, limited to the information necessary for the exercise of these rights;
b) At the request of duly authorized administrative or judicial authorities as part of an administrative or judicial inquiry and limited to the information requested;
c) With the prior written consent of the other Party specifying the Confidential Information in question.
Each Party, at any time upon the written request of the other Party, shall return the Confidential Information to the other Party or proceed with its final and effective deletion as soon as possible.
All the provisions of this article shall remain valid for a period of twenty (20) years from the end of the Subscription taken out by the Client, and shall remain in effect even after cancellation, termination or end of the current Subscription irrespective of the motive.
16. Force majeure
Neither Party shall be held liable for the delayed or impaired performance of the Contract due to a force majeure, the other Party or a third party, or due to external factors such as civil unrest, civil or military action, natural disasters, fires, water damage or disruption to electricity or telecommunications networks.
In the event of a force majeure, the affected Party must notify the other Party in accordance with the means provided for in Article 20 below, and make every effort to provide a solution or attempt to limit the consequences with a view to resuming its contractual obligations as soon as possible.
17. Insurance
For the duration of the obligations detailed in the Contract, the Service Provider must hold valid insurance cover to protect them against any risk resulting from the obligations assigned to it through the implementation of the Contract.
Insurance must be held with a reputable, solvent insurance company at the time the Purchase Order is signed.
At the request of the Client, a certificate from said insurance company attesting to the object of the insurance cover must be provided.
18. Post-subscription assistance – Reversibility
At the end of the Subscription, or in the event of its termination, the Client will no longer be able to access the Applications. The Client may, however, in the month prior to the end of their Subscription, request in writing to the email address support@teachup.com or online via Teach Up’s service support site, to receive specific modules, as expressly nominated by the Client, up to a limited number as defined on the Purchase Order, in the SCORM Offline format (1.2 or 2004 as the Client chooses). By default, if no mention is made on the Purchase Order, the Client may recover, within 15 days of sending their request and on the condition the request is made in writing and at no additional cost, a number of modules “N” equal to the number “M divided by 1000” rounded up, where M equals the price in Euro (excluding taxes) for the total Subscription Contracts taken out by the Client and for which the Client has not made a request for reversibility.
The Client may share the modules recovered on SCORM 1.2 or 2004 on the LMS compatible platform of their choosing, for an unrestricted period of time. Teach Up does not, however, guarantee any maintenance of the modules beyond one month from the end date of the Subscription, and the Client is not at any time entitled to lodge a complaint regarding the proper functioning of these modules past this time.
Furthermore, in the event of the end or termination of the Subscription, and from the moment the Client has made the request at least fifteen (15) days before the end date of the Contract and for an additional fee, the Service Provider may provide additional Reversibility services for the purpose of migrating the Client’s Data to a system of its choice, the onus being on the Client to ensure its compatibility. At the request of the Client, the Service provider may provide additional technical support services to the Client and/or a third party designated by the Client, in the context of Reversibility. These support services shall be charged at the Service Provider rate applicable at the time of the request and shall be invoiced in a separate Purchase Order.
The above terms shall not apply in the event of termination of the Contract by the Service Provider due to a failure of the Client as per Article 4.3 of the present T&Cs or in the event of non-payment.
19. Compliance with legislation
The Service Provider shall comply with all applicable legal and regulatory obligations in its role as a service provider with respect to the laws governing the Contract. The Service Provider is not required to take on the Client’s legal and administrative obligations, including those relating to the Services. It is therefore the responsibility of the Client to ensure their compliance with applicable laws and regulations, without recourse to the Service Provider.
The Client also undertakes to comply with applicable legislation, whether the jurisdiction arises from their nationality or geographic location. In particular, the Client shall ensure its compliance with the applicable provisions relating to Data content to make certain that no data in contravention of the law can be processed by the Services, specifically Data likely to glorify crime or terrorism, Data relating to pedophilia and any other prohibited data.
Unless otherwise expressly provided for in the Contract, the Services are intended for use in the country in which the Client has registered its address. The use of the Services by End Users located outside of the country in which the Client has its stated address, although not expressly prohibited provided that the contractual provisions are met, under no circumstances entitles the Client to exercise its rights in a country other than that in which the Services are provided.
20. Notification
All correspondence and notifications relating to the terms of the Contract shall be sent by registered post or via email.
The Parties declare that information delivered between them by email is considered authentic, provided no contradictory, authenticated and signed written document is produced that calls the digitized information into question.
The calculation of any period referred to in the Contract will commence from the date of first presentation to the recipient.
21. Miscellaneous provisions
In the event that one or more provisions are declared null and void by a court, or are impossible to implement, the validity of the other provisions in these T&Cs shall not be affected and the Parties undertake to negotiate a replacement provision in good faith.
The headings and sub-headings used in the Contract are for the purposes of convenience only. As expressly agreed between the Parties, theses headings and sub-headings cannot under any circumstances be used to interpret any provision of the Contract whatsoever.
The absence of a claim or complaint by one Party regarding the application of any of the provisions of the Contract, or the tolerance of the temporary or permanent non-performance of a provision, shall in no way be considered a waiver by this Party of their rights under this agreement. The tolerance of one Party of the failure to perform, or partial performance, of the Contract, or more generally the tolerance of any act, abstention or omission of the other Party that is non-compliant with the terms of the Contract cannot transfer any right whatsoever to the Party which benefits from such tolerance.
The Contract contains the totality of the agreement between the Parties and voids and replaces any prior agreement, be it a written or verbal agreement, explicit or implicit. It is the sole agreement between the Parties. It cannot be modified except by an amendment signed by the duly authorized representatives of the Parties.
All notifications shall be mailed to the Parties nominated addresses as stated on the Purchase Order. In the event of a change of address, the Party concerned must notify the other Party as soon as possible. In the event of a change of address, any notifications sent to the addresses stipulated in the initial agreement or to the last notified address shall be deemed valid, unless it is proved that the Party authoring the notification had knowledge of the updated address of the recipient Party.
The parties recognize that they act as independent co-contractors. The Contract does not give rise to any company or association.
22. Applicable Law
The Contract is governed by French law and all its provisions and effects.
The Lyon Court of Appeal shall be considered the sole court with jurisdiction in the event of any litigation arising in the performance of this Contract and failing amicable settlement, notwithstanding the introduction of third parties and proceedings involving several defendants.
Appendix 1: Applications
1. Software package solutions
Name
Teach Up
Version
2.5.1
Description
An online tool for the creation and distribution of training and evaluations in the form of a website named “Teach Up” containing internet applications developed by the Service Provider and accessible at http://www.teachup.com.
2. Defined terms
Adaptive Learning
Technology that adapts training to the needs of learners in real time.
Administrator
Interlocutor of the Service Provider authorized to manage the use of the Services on behalf of the Client, in particular by allocating access rights to End Users. The administrator may be specified in the Purchase Order.
Learner
The End User using the Module or Training program created by the Author.
Author
An End User able to use a Client’s Subscription to create the Modules and Training programs. An End User designated as Author may also be designated as Administrator.
Advanced Creation Components
Creation options offered to the Client in the Purchase Order.
Update Account
Option for updates that allows the Author to modify the Modules for a period of five (5) days from the opening of an update link. Beyond this time-frame, no modifications can be made.
Dashboards
Monitoring tables.
SPOC editor
Application allowing for the creation and distribution of a multi-modal training program.
Distribution format
Format for the distribution of Modules created: either a HTML5 link or SCORM Cloud.
Export format
Format allowing the Client, at the end of the Contract, to export a part of the training to SCORM Offline.
HTML5 link
An assigned, secure HTML5 hyperlink.
LMS
(Learning Management System) A software program that accompanies and manages a learning process or educational program.
Classic Mode
Training mode with reduced performance, non-scalable and without any Social Learning component (surveys and collaborative walls).
Preview Mode
Mode allowing for a preview of the training without its publication.
Smart One Page Mode
Immersive training format, which displays content in the context of a website that is gradually populated as the End User interacts with the training program.
Modules
Training and evaluations created through the Applications.
Course
Course produced with the SPOC Editor option.
SCORM
(Shareable Content Object Reference Model) The package of standards and specifications used for the online training systems.
SCORM Cloud
SCORM 1.2 or 2004 format.
SCORM Offline
SCORM not connected to the Service Provider’s servers. Please note: in SCORM Offline, Adaptive Learning and Social Learning are limited or cannot be activated depending on the context.
Social Learning
Collaboration walls, surveys, and open collaborative questions.
SPOC
Small Private Online Course.
URL
Website address or a hypertext web page on the internet.
3. Technical specifications and minimum configuration
In order to fully benefit from the Application, a minimum configuration is necessary:
For Authors and Administrators
For the creation of Modules by Authors and Administrators, the following is required:
A screen size of at least 13-inches with a minimum resolution of 1024×600 pixels).
256 MB RAM or greater.
A compatible web browser (Edge, Firefox, Chrome or Safari) in a version no more than three years old, and supported by their respective software publishers.
Internet connection with a minimum bandwidth of 512 Kbit/s for each user and for all uses, including video streaming and excluding reading SCORM modules.
Authentication of mail servers in order to ensure that messages originating from the Applications are not blocked by the Client’s IT systems. Email addresses ending in @teachup.com are required to be whitelisted (using the zone “from” and not the outgoing SMPT mail server’s address) in the Client’s email settings and the mail services/anti-spam software.
Type of content possible to integrate into the Application:
– All types of native Teach Up content (lessons, games, events, etc.)
– Course images (.gif, .jpg and .png)
– Course texts
– Video links (YouTube or Vimeo)
– PDF files
– Microsoft Office files (.docx, .xlsx and .pptx)
– Shared online content (direct https link embedded in an iframe if authorized)
– Sound files (mp3 or internet links to a sound file)
– And only in a course, SCORM modules (SCORM version 1.2 or 2004).
For Learners
The Applications can be used by Learners on a smartphone, a tablet or on a computer, and are supported by all recent versions of internet browsers that continue to be updated.
The minimum configuration for Authors and Administrators applies for learning on a computer.
For tablets and mobile devices, the supported browsers are subject to change and to date are iOS and above and Android 5.0 and above.
4. Subscriptions
The Application is offered in the context of several Subscriptions: “Master*”, “Extension” and “Plateform”. The functions offered as part of the Subscription held by the Client are described in the PDF document titled “Présentation_de_Teach_Up.pdf” and in the Purchase Order.
*Subscriptions to Master are only available to Clients renewing their subscription and who signed up for a new subscription prior to 30 April 2020
Appendix 2: Access to the Applications
1. Communication of Login Details
Upon receipt of an order by the Service Provider, the Client will receive a set of Login Details that provide access to the Application as an Administrator.
From the moment the Login Details are issued, the Service Provider is no longer responsible for their safe storage. The Client is encouraged to immediately change the password and to replace it with one that adheres to basic security guidelines (combination of letters, numbers and characters, etc.)
2. Authorization of new Learner Users
When using the Applications, the Administrator may be able to authorize new Learners.
The Client has sole responsibility for the provision of access to Learners and for assigning them access rights to the Applications. Any access by a Learner will be considered as being by the Client.
In particular, any access resulting in a request for the activation of a new Subscription or a new account by an End User shall be considered to have originated from the Client who will be automatically invoiced in line with the fees and charges listed in the Purchase Order.
The Client is solely responsible with respect to the Service Provider for the actions of the End Users it has authorized under the Contract, irrespective of the nature of the contractual, or non-existent, relationship between the Client and the End Users.
Appendix 3: Service Levels
The present Service Level Agreement (“SLA”) is part of the Teach Up Application under the Service Agreement between the Client and Teach Up (“Agreement”). In the event of the translation of this document into another language, the French version shall take precedence. Teach UP encourages the Client to periodically review the Service Level Agreement available online at www.teachup.com.
Introduction
The SLA describes the levels of support and service availability the Client is entitled to receive from Teach Up for the duration of their Subscription, otherwise known as the Contract.
Defined Terms
Under the present SLA, the following terms are defined as per below. Terms commencing with a capital letter that are not defined here below are to defined as per the Contract. In this SLA, the singular includes the plural and vice versa; by the words “month”, “year” and “quarter” it is meant a calendar month, calendar year and calendar quarter, unless otherwise stipulated; the word “including” (or any comparable word or phrase) is understood to mean “including and without limitation”.
Business Day
From 8.30 am to 6.00 pm local time, for the contracting entity of Teach Up, excluding Saturdays, Sundays and public holidays.
Performance Degradation
An inferior service quality as described in the current SLA.
Downtime
Period during which the Application is completely unavailable to the Client, including maintenance, occurring outside of Maintenance Hours, with at least 24-hours prior notice to the affected Clients. However, downtime does not include:
· programmed maintenance;
· performance degradations;
· factors beyond the control of Teach Up, including Force Majeure events;
· internet outages;
· acts or omissions of the Clients and their Users;
· and the application of government or State regulations.
Knowledge Centre
Teach Up’s Help Portal, accessible from the Teach Up website (support.teachup.com), which provides information on how to carry out tasks in the Application and answers to Frequently Asked Questions.
Maintenance Hours
Midnight to 4.00 am Monday to Friday, all day Saturday and Sunday from 1.00 pm to 11.00 pm. As a general indication, the total amount of time spent annually on maintenance is approximately 20 hours.
Agreed Service Hours
24/7 excepting Maintenance Hours.
Downtime Hours
Hours of Downtime occurring during Agreed Service Hours.
Resolution Time
The time passed between the Response Time and resolution of the problem.
Response Time
Measure of the time passed between the receipt of notification of a problem and the moment corrective works commence.
Program Maintenance
Planned service disruptions, affecting all or part of the services, which Teach Up will endeavor to announce at least 5 days in advance, and in any case not less than 24 hours in advance, which will not exceed a reasonable period for the maintenance required and which, if possible, will take place during Maintenance Hours.
SLA Effective Date
The start date of the Contract.
Ticket
An electronic request sent to Teach Up by the Client.
Usable Time
As calculated under this SLA.
Scope of the Service Level Agreement
The present SLA applies only to the Application and associated Professional Services.
Teach Up will correct any software problems identified in the Application, unless:
- the problem is due to use of the Application by the User contrary to Training, the Teach Up Knowledge Base, or any other instruction given by Teach Up;
- the Client has made unauthorized changes to the configuration or installation of the Application;
- the Client prevents Teach Up from carrying out maintenance on the Application;
- the problem is due to a third-party product;
- the problem is due to one or more Users, including the modification of part of the software or by adding, deleting or attributing inappropriate rights to Users.
Effective Date and End Date of the SLA
The SLA enters into force from the Start Date of the Contract and ends on the final day of the Contract.
Responsibilities
Responsibilities of Teach Up:
- to ensure the Application is available to the Client in line with the Guaranteed Usable Time;
- to respond to requests for assistance in the time-frames specified below;
- to take steps to report problems to senior staff, and to diagnose and resolve them in an appropriate and timely manner, including assigning a number of qualified employees and collecting necessary information;
- To maintain clear and timely communication with the Client at all times.
Client responsibilities:
- to use the Application as intended under the Contract;
- to inform Teach Up of any problems or questions in a timely manner and as accurately as possible;
- to cooperate with Teach Up in its efforts to report problems to senior staff, and to diagnose and resolve them by providing timely, accurate responses to requests for information;
- in the case of a Priority A Alert, to ensure the availability of a sufficient number of qualified staff employed by the Client in order to cooperate with Teach Up;
- to provide Teach Up with access to equipment, software and services with a view to maintenance, updates and the prevention of bugs;
- to retain staff with sufficient technical knowledge to take on these responsibilities.
Availability
Teach Up guarantees a monthly Usable Time of 99% of the agreed Service Hours. The Usable time is calculated based on the average monthly availability, rounded down to the nearest minute as follows:
Usable time % = (Agreed Service Hours – Downtime Hours )* 100% / Agreed Service Hours
Service Credits
If the Usable Time is less than 99% in a given month, Teach Up will pay damages in the form of a Service Credit calculated as follows:
Rate of Service
Usable Time < 95%
Amount of Service Credit
(99% – Usable Time %) * Annual amount payable excl. taxes for the subscription * 2
Rate of Service
Usable time ≥ 95% and < 99%
Amount of Service Credit
(99% – Usable Time %) * Annual amount payable excl. taxes for the subscription
Rate of Service
Usable time ≥ 99%
Amount of Service Credit
0
To request a Service Credit under this SLA, the Client must address their request via email to support@teachup.com with the subject “SLA Service Credit” before the end of the Subscription period in question. The request must include the dates and times of the Downtime for which the Service Credit is claimed and all additional documentation in support of the claimed Downtime. Service Credits are the exclusive remedy in the event Teach Up fails to fulfil its obligations with regard to the Guaranteed Usable Time. Any other or additional damages cannot be sought.
In any event, Teach Up will only issue a Service Credit if a lack of service is proven.
Response Time and Resolution Time
When alerted to a problem, Teach Up is considered to have acted when it has responded to the initial request from the Client. This response may be made by email or through the Client portal, by acknowledging receipt of the Client’s request and providing a solution or a request for further information.
The Response Time and Resolution Time depend on the urgency and nature of the components affected and seriousness of the problem, as indicated in the following program. Commitments relating to response time-frames exclude Maintenance Hours. If an alert is received during Maintenance Hours, the response time will be considered to commence at the end of the maintenance period, for example at 4.00 am for an alert received at 2.00 am.
Type of alert : Priority A Alert
Seriousness of the problem: Extremely critical problem. The Solution is not available for use or a significant part of the contracted functions are not available.
Response Time: Within 8 hours
Time for Resolution: Within 12 hours, including the Response Time for Priority A Alert.
Type of alert : Priority B Alert
Seriousness of the problem: Critical problem. One or several parts of the Application critical to the function of the Client’s activities have completely ceased to respond or respond extremely slowly.
Response Time: Within 24 hours
Time for Resolution: Within 24 hours, Response Time for Priority B Alert excluded.
Type of alert : Priority C Alert
Seriousness of the problem: Non-critical problem. One or more elements of the Application have ceased to completely respond or respond slowly and a solution is available.
Response Time: Within 48 hours
Time for Resolution: Within 48 hours, Response Time for Priority C Alert excluded.
Type of alert : Priority D Alert
Seriousness of the problem: Notification of a minor problem that does not materially prevent the Client from using the Application.
Response Time: Within 48 hours
Time for Resolution: Best effort.
Storage and infrastructure of Teach Up
Teach Up used OVH Cloud to provide its Solution.
Data is hosted in France.
Problem management
Teach Up’s Support team regularly analyzes all Client Tickets to identify any trends and bottlenecks. To this end, the Support team has made a Knowledge Center available with solutions for “known errors”.
In order to respond to FAQs and assist Clients in solving standard problems without the need for the intervention of the Support team, Teach Up has shared its Knowledge Center on its website at support.teachup.com. The Support team at Teach Up have identified four general categories of FAQs:
- Technical problems linked to a specific bug, outages involving security or back-ups, and any other type of malfunction in the Application.
- User questions arising from the system being insufficiently intuitive. Teach Up does everything in its power to avoid such questions and keep them to the strict minimum.
- Queries relating to modifications to the Subscription, functions or settings.
- Questions relating to the content of Client Data. The Client is the creator of and responsible for its Data and as such is responsible for helping the User with these questions.
Help Desk
If your question is not answered in the Knowledge Center, Teach Up’s Help Desk can be contacted at any time by email at support@teachup.com or by telephone during business hours as follows: 9.00 am to 6.00 pm Paris local time, Monday to Friday, public holidays excepted.
Security
The Teach Up Solution is hosted by OVH Cloud in strict compliance with applicable standards (ISO/CEI 27001, PCI-DSS, GDPR, HDS, SOC I-II type 2, CSA, STAR, CISPE, PSEE (external service provision), ANSII, ISO2770) and implements a data safety policy that is available upon request and located in these T&Cs.
Backups
The Teach Up team regularly backs up all data and code in the following way:
- Incremental backup of all media to several back up servers (daily).
- Full back up of the data base (hourly, data retained for 7 days).
- Back up of the data base of files (monthly, on designated servers).
In the unlikely event of damage or a power outage affecting the data hosting sites for Teach Up, Teach Up will restore the Client’s data using the most recent back up. This will be treated as a Priority A Alert.
Roll out policy
Teach Up publishes the Application using continuous integration and delivery. This means that as soon as a new function or version of Teach Up is ready, it can be rolled out at any point across the production environments. The main Application is updated once daily. All edge applications are deployed in continuous production as soon as a successful release is made on the continuous Integration servers.
Urgent bug corrections that affect availability and critical features are applied immediately on production servers according to the Resolution Time schedule.
The third-party components used by Teach Up are updated automatically every night (Paris time).
Improvements to the Application
Teach Up will make new versions, editions and updates for the Application available to the Client to resolve any errors, keep the Application up to date with regard to market developments or otherwise improve the Application (functioning or functionality). These improvements may include corrections for bugs. Teach Up will only support the most recent version of the Application.
New versions, releases or updates will contain at least the level of functionality determined in this SLA and contained in the version or release of the Application previously used by Client, and will not adversely affect the use of the Application by the Client. Teach Up will make every reasonable effort to ensure that when performing these actions, the impact on the Client and its User(s) will be limited.
Amendments to the SLA
The present SLA may be amended at the discretion of Teach Up on condition that 30-days’ notice prior to its taking effect is provided (Effective Date of the SLA”). This notice shall suffice if provided to a User designated as a Client’s Administrator either: (a) in the form of an on-screen note presented immediately after entering the authentication credentials in the on-screen login, or (b) by email with read receipt to the address provided for the administrator(s) on the Client’s account. If the Client objects to these changes, their sole remedy is to terminate the Subscription Agreement. Continuing to use the Application after the Effective Date of any SLA update shall be understood as the Client’s acceptance of the update and the Client’s agreement to the terms of the updated SLA. Where Teach Up modifies this SLA, the “updated” date shall be modified to reflect the date of publication of the most recent version.
Appendix 4: Personal Data
For the purposes of the contract, the Parties expressly state that the Service Provider acts for the Client solely in the role of “Processor” as defined by Data Protection Laws. The Client, for their part, shall act as “Controller”. The Parties undertake to strictly comply with all obligations applicable to their respective roles under Data Protection Laws and regulations.
Processing
The data is processed by the Service Provider as part of the provision of Services.
General obligations of the Service Provider
The Service Provider shall process Personal Data for the exclusive use of the Client, as per the Client’s instructions and solely for its intended purpose(s).
The Service Provider undertakes not to use the Personal Data entrusted to them or to which they have access under the terms of the Contract for their own purposes or for those of a third party.
If the Service Provider considers that a request made by the Client constitutes a breach of Data Protection Laws and regulations, they must immediately inform the Client.
The Service Provider declares that, as of 25 May 2018, written records are maintained of all data processing activities carried out, including all information required by Data Protection Laws and regulations.
At the termination of the contract, irrespective of its cause, the Service Provider shall, at the Client’s discretion, destroy or return the Personal Data to the Client in an exploitable format.
Security and confidentiality of Personal Data
The Client’s Personal Data is strictly confidential.
The Service Provider guarantees the reliability of their staff and shall ensure that all personnel expressly authorized to process the Client’s Personal Data under the current contract are bound by confidentiality obligations.
The Service Provider shall maintain, for the duration of the contract, appropriate and sufficient technical and organizational measures in their field of expertise to ensure compliance with Data Protection Laws and regulations and to guarantee the rights of those concerned are protected. In particular, the Service Provider undertakes to:
– take all necessary measures to prevent the unauthorized, malicious, or illegal use of Personal Data;
– take all necessary precautions to ensure the security of said Personal Data, and protect it from any accidental or illegal destruction, accidental loss, damage, modification, sharing or unauthorized access, in particular where its processing involves the transmission of Personal Data via a network;
– take all necessary measures to (i) guarantee the uninterrupted confidentiality, integrity, availability and resilience of the data processing systems used, (ii) in the event of a physical or technical incident, restore the availability of, and access to, Personal Data in an appropriate time-frame and (iii) regularly test, analyze and assess the efficacy of these measures;
– prohibit the processing and consultation of any Personal Data not covered by this Contract by any person, even if access to this data is technically possible;
– not share, in any form whatsoever, all or part of said Personal Data;
– not copy or store, in any form or for any purpose, all or part of the Personal Data confided to or collected by the Service Provider in the performance of the Contract, outside of those operations strictly necessary to the performance of the Contract.
The Service Provider undertakes to assist the Client in the implementation of any actions required to immediately respond to and remedy a Breach of Personal Data, including notifying the competent authorities and those affected by the breach. As such, the Service Provider shall:
– assist the Client with any legal, judicial or regulatory formalities;
– provide all relevant information to the Client within the first 48 business hours of a breach of Personal Data in order to assess the extent of the breach and the nature of the data potentially impacted;
– immediately provide details of backup and remediation procedures applicable to managing the Personal Data breach, as well as any consequences for the protection of the information system and the security of Personal Data.
Exercise of the rights of persons concerned
The Service Provider undertakes to promptly notify the Client of any request received from an individual to exercise their rights as recognized under Personal Data Protection Laws and regulations (including but not limited to the right to access, rectify, delete, restrict processing, portability, object, and the right to be forgotten). The Service Provider shall assist the Client (and/or the entity responsible for data processing where the Client is a Group) as much as possible to allow the Client to meet its obligations following such a request.
Transfers
It is expressly understood by the Parties that, at the time of signing the Contract, the provision of Services will not result in the transfer of Personal Data outside of the European Union and that all data processing is to take place within the European Union, namely in France.
Furthermore, in the event the Service Provider is required to transfer Personal Data to a third-party country or international organization in order to comply with European Union law or the laws of the member state applicable to the Service Provider, the Service Provider will inform the Client of their legal obligation before proceeding, unless the applicable laws prohibit such a communication in the public interest.
Delegation of Data Protection
The Service Provider will communicate to the Client, upon its initial request, the name and contact details of its Data Protection Officer.
Description of processing undertaken by the Service Provider
As the Processor, the Service Provider is authorized to process the Personal Data necessary to provide the Services defined in the Contract on behalf of the Client, who is the Controller.
The processing operations carried out are the collection, recording, conservation and deletion of Personal Data.
Data is processed with the aim of contributing to the provision of services through the use of the login details used to connect to Teach Up.
The Personal Data processed are: surname, first name, professional e-mail address and IP address.
To meet processing requirements, Personal Data is processed during the contracted period. Data are deleted one year after the last day of the Client’s subscription.
In the performance of this contract, the Service Provider uses the following subsequent subcontractor, OVHCloud, which hosts the data on servers located in France.