KOKOROE GENERAL TERMS AND CONDITIONS

16th June 2020 version

Kokoroe is an online training platform centered around the skills of tomorrow, for the general public and corporate employees .

The Client / User wished to access the Pedagogical Modules produced by Kokoroe. The Client/User declares having read the information delivered by Kokoroe, the characteristics of the Service and having ensured himself of their adequacy with his needs.

The purpose of the present general conditions (hereafter "CG") is to define the rights and obligations of Kokoroe, the Client and the Users within the framework of the Service. During the entire duration of the Contract, the Client shall ensure that the GTC are fully respected by the Users who are part of its staff and/or who benefit from the Service through the Client or at his request.

Prior acceptance of the GTC is an indispensable prerequisite for the use (including by simple consultation) of the Educational Modules. In the event of refusal of the GTC, the viewing of the Educational Modules is strictly prohibited. Viewing the Educational Modules constitutes express and unreserved acceptance of the Terms and Conditions. By ticking the box "I have read and accept the general terms and conditions of Kokoroe", the Customer acknowledges having read and accepted without reservation the GTC. Signing the GTCs on paper also implies the acceptance without reserve of the GTCs, as well as the acceptance of a document referring to them (including email, quotation, commercial proposals, etc.). The GTC can be printed or saved as a PDF file.

1. Definitions

Terms beginning with a capital letter, used in the singular or plural, shall have the following meaning:
Remote Access: standard mode of provision of the Service, accessible remotely to Users via the Site on which the Educational Modules are hosted and published.
Customer: any person, physical or moral, who pays a price to Kokoroe in consideration of the provision of the Service, in accordance with the Contract.
Account: personal environment dedicated to a Client / User in accordance with article 3.2 of the GTC.
Contract: all the contractual documents indicated in article 2 of the GTC.
Kokoroe: the S.A.S. I KNOW U WILL SAS, with a capital of 37,000 euros, registered 801 335 191 in the Paris Trade and Companies Register and whose head office is located at 100, rue Truffaut, 75017, Paris.
Day: one calendar day.
LMS Mode: option in which the Service consists of giving a copy of the Educational Modules to the Customer so that the latter can install them within its own Learning Management System for the duration and under the conditions provided for in the Contract.
Educational Modules: refers to all the educational content and resources offered by Kokoroe within the framework of the Service, a general description of which is given in Appendix 1.
Service: the provision of access to the Educational Modules of Kokoroe, in LMS Mode or in Remote Access via the Site.
Site: the website accessible at the address www.kokoroe.fr.
User: any natural person duly authorized to benefit from the Service, directly or through a Client, in accordance with the GTC.

2. Contractual documents

All contractual documents applicable between the parties are made up, in decreasing order of priority, of (i) the Terms and Conditions; (ii) the annexes to the Terms and Conditions (annex 1 - description of the Service; annex 2 - special clauses in consumer law; annex 3 - job seekers; annex 4 - confidentiality charter); (ii), if applicable, the commercial documents issued by Kokoroe (in particular, quotes, commercial proposals) and (iii) all agreements recorded in writing between Kokoroe and a Client. Kokoroe reserves the right to modify at any time and without prior notice all or part of the GTC, the new version of which will come into force as soon as it is put online on the Site. Kokoroe will inform the Client by any means before their coming into force. The use of the Service after communication of the new version of the GTC will be considered as acceptance of the said new version.

3. Terms and conditions of access to the Service

3.1 Technical prerequisites

The Client / User acknowledges and accepts that access to the Service, the Site and/or the Educational Modules can only be offered by Kokoroe if he has a compatible computer connected to the Internet. The Client/User undertakes to make it his personal business to upgrade or update all software, elements or electronic devices that he deems necessary for the aforementioned access.

The Client/User also undertakes to ensure the effective receipt of e-mails sent to him/her by Kokoroe.

By derogation to the above, if the LMS Mode applies, the Client is solely responsible for the choice of the technical prerequisites applicable to the Pedagogical Modules that he will make available to his Users via his computer system.

3.2 Creating an Account

The Client / User is invited to create his Account the first time he uses the Site, by filling in the registration form. In particular, he will have to fill in 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 he is the sole owner.

By proceeding to the creation of an Account, the Client/User guarantees Kokoroe that all the information provided, in particular concerning his à and his contact information, is exact, up to date and complete. He also commits himself to update them and to proceed, if necessary, to the modifications of the information of his Account.

The Client/User declares that he/she is over 15 years of age and that he/she is capable of entering into the Contract. When the Client/User is a minor, he will have to obtain the authorization of his legal representative to register and justify this to Kokoroe.

Kokoroe reserves the right to refuse at its discretion the opening of an Account, notably for one of the following reasons: (i) the User is a minor and has not obtained the authorization of his legal representative, (ii) the User indicating that he is an employee of a concerned Client proves 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 will have to be defined. It is up to the Client / User to choose a password that is strong enough to avoid any hacking of his Account. These elements will be requested and necessary for each connection. Any connection to the Account with the elements defined by the Client / User will be deemed to have been made by him. The Client/User will be responsible for the use of the Educational Modules and for all actions performed with his login and password, except if the use of his Account has been made after his unsubscription, or after notification to Kokoroe of an abusive use of his Account.

The Client/User is responsible for the confidentiality of the elements that allow him/her to connect to the Account and will implement the physical and logistical security measures necessary to maintain its confidentiality. If he notices or suspects fraudulent use by a third party, he undertakes to report it without delay to Kokoroe. Any loss of password must quickly be followed by a connection to the Site to follow the procedure by clicking on the link "forgotten password".

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 functionalities and in particular access to Quizzes or Educational Resources. Nevertheless, the Terms and Conditions shall be enforceable in that they govern the conditions of use of the Site.

4. Description of the Service

The Service is described in Appendix 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 Client to Kokoroe, for the duration of the Contract. The Service is provided in Remote Access mode, with the exception of a possible Contract specifically concluded between Kokoroe and a Client, upon specific quotation, which is equivalent to an express order of the Service with the LMS Mode option.

The access to the Educational Modules requires the subscription or, failing that, the signature of a specific order by the Client: the simple navigation on the Site and the viewing of 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 vocation, and not Educational Modules included in the Service.

The standard subscription formula offered on the Site is the so-called "Premium" subscription, which enables the Customer to benefit from the Service, in Remote Access mode, to the Educational Modules indicated in Appendix 1.

In any event, the information given on the Pedagogical Modules (training time, prerequisites, objectives, public concerned, training programme, etc.) is provided for information purposes only. Likewise, 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 removing content, certain Educational Modules of its choice; (ii) remove from the Service certain Educational Modules of its choice; (iii) include in the Service new Educational Modules of its choice. Kokoroe may put new versions of the Educational Modules online and require the use and/or installation (in LMS Mode) of the most recent version. Any new feature, tool or resource brought to the Service shall be subject to the TOS. 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 Pole Emploi. Within this framework, when the User is a job seeker, some Pedagogical Modules indicated in appendix 4 are accessible to him/her.

5. Financial 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 does not commit itself in any way to ensure that these prices do not undergo any modification. All payments must be made monthly, except for an annual commitment (pay the entire amount 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 as the monthly subscription, 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 information relating to the means of payment used by the latter to pay its subscription. In order to proceed with the payment due, 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 his bank details once to subscribe to the Service and to proceed with the payments of the monthly subscription instalments. To this end, the Client guarantees Kokoroe that he has the authorizations that may be necessary to use the payment method chosen at the time of validation of the subscription to the Service. The Client guarantees that he is fully authorized to use the credit card provided for the subscription of 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 on the "Pay" button during the Service subscription process, the Customer declares that he fully and unreservedly accepts the T&Cs in their entirety. Where applicable, the Customer will validate it definitively by paying for his subscription in the form of a monthly payment. Kokoroe will systematically confirm each Client's subscription to the Service, then the availability of all the educational resources on the website, by email.

5.1 Retards de paiement

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

In the absence of payment of the price on 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 on the due date will be subject to 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 Client 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 Client shall take all necessary measures to ensure that electronic invoices can effectively be received at this email address, and shall in particular ensure that the technical devices (filtering, firewalls, etc.) are set up accordingly. In the event of an automated electronic response, the invoice shall be deemed to have been validly delivered to its recipient. The Client will immediately inform Kokoroe of any modification affecting the email address to which invoices are sent. Any invoice sent to the last validly indicated address will be deemed to have been validly received in the absence of any indication of a change of email address.

6. Availability

The Educational 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 Client / User is warned of the technical hazards inherent to the Internet and the interruptions of access that may result. Kokoroe is therefore not committed to providing permanent accessibility and cannot be held responsible for possible 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 can be at any time impacted, slowed down, suspended or temporarily interrupted in the event of the occurrence of the following events: (i) maintenance, updates and evolutions; (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 Client or a User; (iv) technical incompatibility with the computer system, software, hardware or internal rules applicable within a Client / User; (v) non-conforming, suspected or proven use; (vi) security reasons upon the decision of Kokoroe.

Notwithstanding the foregoing, if the LMS Mode has been subscribed to, the Client is solely responsible for the supply of the Educational Modules to the Users. Kokoroe's obligations under the Service are limited to providing a copy of the Educational Modules to the Client, on computer media, at the agreed date. Kokoroe takes no obligation regarding the availability of the Educational Modules once they have been delivered in accordance with the above-mentioned terms and conditions.

7. Intellectual Property

Subject to the Educational Modules including content subject to third party licenses indicated in Appendix 1, which are therefore governed by these licenses, Kokoroe is the owner of all intellectual property rights relating to the Service, the Educational Modules and the Site.

The Contract does not entail any transfer or license of any kind to the benefit of the Client or the Users, in particular on the Educational Modules.

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

As an exception to the above, with the LMS Mode option, Kokoroe grants the Customer, in an exhaustive and limited manner, the limited, personal, non-transferable, non-exclusive right to reproduce two identical copies of the Pedagogical Modules provided by Kokoroe, 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 and/or third party purposes. This right is valid for the duration of the Contract, in France only.

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

The parties irrevocably agree to replace all guarantees of legal origin by the following guarantee. Kokoroe will defend the Client against claims, lawsuits 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 Client (i) immediately notifies Kokoroe in writing of the existence of the lawsuit, (ii) makes a request for its defence, (iii) gives its full cooperation in 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 initiated by the aforementioned third party. Kokoroe shall not be liable for (i) any misappropriation of the Service by the Client; (ii) any breach of the Agreement; (iii) any modification of the Educational Modules by the Client; or (iv) for the Educational Modules including content subject to the third party licenses indicated in Appendix 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 to it in particular). Kokoroe will take charge of any final sentence pronounced against the Client 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 educational resources, available via hypertext links to other websites not published by Kokoroe. The presence of these links on the site does not engage the responsibility of Kokoroe for their content.

8. Privacy

Each of the parties 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 GTC. The Teaching Modules, the Service, the Site, the talks and the financial terms agreed between the parties are confidential information. The confidentiality undertaking of a party lasts (i) for as long as the other party intends to keep its information confidential except in the event of a request for transmission 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 breach of confidentiality of the information it holds. All confidential information and reproductions thereof, transmitted 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 construed as conferring, expressly or impliedly, upon the receiving party any right (whether by license or otherwise) in or to the materials, inventions or discoveries to which such Confidential Information relates, or any other intellectual or industrial property right. The confidentiality undertaking of a party shall last (i) for as long as the other party intends to keep its information confidential except in the event of a request for transmission 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 Client / User is responsible for the confidentiality of the identifying and authenticating codes that allow, where applicable, Users to access the Educational 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 their confidentiality. If a Client/User notices or suspects fraudulent use of the said codes by a third party, he shall immediately inform Kokoroe. Kokoroe disclaims all responsibility in case of use of the Pedagogical Modules by a third party using the above-mentioned identifying and authenticating codes.

9. Personal data

The parties undertake to comply with the French law no. 78-17 of January 6, 1978 as amended and European regulation 2016/679 of April 27, 2016 to the extent applicable to them under the GTC. The obligations of the parties are detailed in Appendix 4.

10. Duration - termination - end of the Contract

Unless otherwise agreed, the contract is concluded for an indefinite period. Either party may terminate it by giving 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.

As an exception to the foregoing, subscriptions taken out online (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 period is tacitly renewable for the same duration unless the Customer gives notice of termination before the expiry date (by going to the "My Account" section and then "My Subscription"). Cancellation is effective at the end of the period in progress at the time of notification of cancellation (monthly or annual). No refund will be made by Kokoroe.

Each party reserves the right to automatically and automatically terminate the contractual relationship, in the event of a breach by either party of its contractual obligation(s), after having sent a formal notice to remedy the breach(s) by registered letter with acknowledgement of receipt, which has remained unsuccessful after a period of twenty (20) Days.

Kokoroe may, under the same conditions described above, terminate the contract in case of acquisition, by the Client, of a company competing with Kokoroe.

No content from the Service, in particular the Pedagogical Modules, may be retained by a Client/User after the end date of the Contract. The Client / User agrees to destroy all content in his possession, in particular the Educational Modules, and to send written confirmation to Kokoroe. Kokoroe may carry out (or appoint an independent auditor bound by an obligation of confidentiality), within two years following the end date of the Contract, an audit at its own expense, at the premises of the Client (or its service providers), in order to carry out all useful verifications to verify the perfect respect of the Contract, in particular with regard to the aforementioned destruction, within two years following the end date of the Contract. If the audit report demonstrates the use of the Educational Modules by the Client / User after the end of the Contract, the Client 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 Kokorore may be entitled.

11. Responsibility

The use of the Educational Modules is under the sole responsibility of the Client and the Users. The latter undertake to guarantee Kokoroe at first request, to indemnify it and to compensate it for any damage, loss, loss of profit in particular, that Kokoroe could 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 GTC. In the event of proven fault, Kokoroe's liability under the GTC will be limited, all damages combined, to the payment of damages and interest in an amount equal, pro rata temporis, to the sums received by Kokoroe in respect of invoices paid by the Client for the six (6) months preceding the occurrence of the event giving rise to liability.

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

No action may be brought against Kokoroe (i) at the expiration of a period of six (6) months after the occurrence of the event giving rise to the action, or (ii) at the expiration of any other longer restriction provided by law. Kokoroe will not be held liable following the occurrence of an event of force majeure as defined in article 12 of the GTC. Kokoroe cannot be held liable for damages caused by a User, a Client, or by one of the following events: unavailability of the Site, bug, malfunction, malicious intrusion or hacking.

12. Force majeure

Neither of the parties may be held liable following the occurrence of a case 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 public order, epidemics, fires, government actions, strikes and technical and electrical problems external to the parties and preventing any communication or telecommunication.

In case of force majeure, the obligations of the parties will be suspended for the duration of this cause. If it lasts for more than one (1) month, the termination by operation of law may be effected by registered letter with acknowledgement of receipt sent by the most diligent party.

13. Evidence

Any electronic action and communication between the parties shall have the same evidentiary force as a paper document. In the event of a dispute, Kokoroe will be able to validly administer the proof of any action carried out by the Client or a User via their connection and operation logs, which alone will serve as proof, which the Client and the User acknowledge.

14. Miscellaneous

Any official communication, notification or complaint to Kokoroe must be made to the address mentioned in article 1 of the GTC, otherwise it will not be valid or taken into account.

The parties have agreed that articles 1195, 1219, 1220, 1221, 1222 and 1223 of the Civil Code are not applicable hereto.

The fact that one of the parties does not avail itself of a breach by the defaulting party of any of the obligations resulting from the GTC shall not be interpreted as a waiver of the right to avail itself of any subsequent identical or similar breach.

In the event that one or more clauses of the Contract are considered null, 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.

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

Annexe 1 – Service Description

Types of Pedagogical Modules :

  • Ten to fifteen second "Video Teaser" presenting the theme of the chosen module;
  • One-minute "Microlearning Videos" providing the key lessons to be learned;
  • Expert Videos" of eight to twelve minutes exploring in depth the theme covered, divided into several chapters;
  • True/false questions;
  • knowledge tests;
  • certificates of achievement and;
  • Suggestions for various in-depth teaching resources: articles, podcasts, PowerPoint presentations, bibliographical references.

Service included in the Premium Subscription (Remote Access):

Includes the following items:

  • Micro Learning Video;
  • Background video with expert;
  • Dedicated podcasts;
  • Educational Quiz and Certificate of Achievement;
  • Additional educational resources.
Third-party content that may be included in certain Educational Modules (and therefore subject to third-party licenses available on the sites below):
  • videoblocks.com
  • pexels.com
  • pixabay.com
  • unsplash.com
  • videvo.net
  • google.com/imghp?hl=en
  • unsplash.com
  • envato elements

Annexe 2 – Special clauses relating to consumer law

This appendix is applicable to Consumer Customers within the meaning of the French Consumer Code. In the event of any conflict with the GTC, the specific clauses in this appendix shall prevail.

1. Ability to contract

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

2. Right of withdrawal

2.1 Exercise of the right of cancellation

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

The Customer informs Kokoroe of his decision to withdraw by sending, before the expiration of the aforementioned period, any form of declaration expressing this will in a clear manner or by completing the following form:

To : KOKOROE - S.A.S. I KNOW U WILL 100, rue Truffaut, 75017, Paris :

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

First name and surname of the Customer

Customer's email address

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

2.2 Effects of withdrawal

In the event that the right of withdrawal is exercised within the aforementioned period, Kokoroe will proceed to refund the price of the Premium Subscription subscribed to within a maximum period of fourteen (14) days from the date of receipt by Kokoroe of the Customer's withdrawal decision.

The refund will be made by the same means of payment used for the initial transaction.

If the Client has begun to use the Services prior to the exercise of his right of withdrawal, the Client remains liable to pay an amount calculated pro rata to the period of use of the Service until the communication of his decision to withdraw.

3. Financial conditions

3.1 Subscription and Price Changes

Notwithstanding articles 4 and 5 of the GTC, Kokoroe may modify its services, subscriptions and the price of the "Premium" subscription. However, any modification having an impact on the price of the Services will only be applicable after a minimum period of thirty (30) days following receipt of a notification sent by Kokoroe.

3.2 Late payment

By derogation to article 5.3 of the GTC, in case of late or non-payment, partial or total, and after unsuccessful reminders, Kokoroe reserves the right, after having informed the Client 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 Use of customer service

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

  • By email : contact@kokoroe.com ; or
  • By mail: 110 rue Truffaut, 75017 Paris, France

4.2 Use of mediation

In the event that a disagreement persists between the Customer and Kokoroe, the Customer benefits, subject to the conditions of admissibility provided for by the Consumer Code, from an effective and free recourse to the Consumer Mediator to whom Kokoroe is answerable for the amicable resolution of disputes: the Professional Federation of e-commerce and distance selling (FEVAD).

Disputes are not admissible by the Consumer Ombudsman: (i) for which the Client does not justify having previously attempted to resolve it 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 mediator or by a court; (iv) where the Client has submitted his request within a period of more than one (1) year from the date of his written complaint to Kokoroe; (v) where the dispute does not fall within his field of competence.

The consumer can also resort to the mediation platform of the European Union: https://ec.europa.eu/consumers.

4.3 Jurisdiction

Notwithstanding Article 14 "Miscellaneous" of the General Terms and Conditions, the competent jurisdiction in the event of a dispute shall be, at the Customer's choice, that of his place of residence, of the place where the Customer was residing at the time the contract was concluded, or that of the occurrence of the harmful event.

Annexe 3 – Job seekers

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

Content: The following Educational Resources are accessible to persons registered at Pole Emploi as job seekers:

  • training courses in the "Human Skills" category;
  • training in the "New Technologies" category.

Including the complementary resources of these trainings (summary sheet, podcast, powerpoint, bibliographical resources, articles, MCQ).

On the other hand, it is essential to subscribe to the Premium subscription to be able to access the training courses in the "Business skills" category.

Type of access: remote, via the Website, after creation of an Account.
Duration: no limited duration
Price: free access for the User.
Subscription: no.

Justifications to be provided for the creation of the Account: Pole Emploi login details
Other specific clauses: No

Annexe 4 – General Data Protection Regulation (GDPR)

The purpose of this Privacy and Personal Data Protection Charter (the "Charter") is to explain how Kokoroe collects, uses and shares the personal data of the Client/User in the context of the registration, execution, use and follow-up of the Service, whether in LMS Mode or Remote Access via the Site, and the rights that the Client/User has in this respect.

Kokoroe determines why and how personal data are processed in its role as "data controller".

The personal data of the Client/User are processed in accordance with the applicable regulations, in particular Regulation (EU) 2016/679 (General Regulation on Data Protection known as "RGPD") and the "Data Protection Act" n°78-17 as amended.

1. Type of data collected

The collection of data is limited to the information necessary to accomplish the purposes described below. Mandatory data shall be indicated as such in the collection forms. Kokoroe collects and processes the following type of data:

Identification data

When registering to the Service, Kokoroe asks the Client / User and collects the following personal data: an email address, a name and a first name. These are mandatory data.

The Client/User may choose, without this being an obligation to use the Service, to provide Kokoroe with additional information in the context of the creation of his "user profile". This information is: the address of domicile. This is optional data.

Data relating to the use of the Service

When using the Service, Kokoroe automatically collects certain information, including personal information, 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 consultation and use that the User makes of the Service's functionalities.

2. Purposes of the treatments

Kokoroe processes the personal data of the Client / User for the purposes described below, when :

  • It is necessary for the provision of the Service within the framework of the Contract with the Client/User, in particular for the registration of the Client/User in order to access and benefit from the functionalities of the Service and the Site, for security, authentication or verification of the identification information transmitted by the Client/User as well as for the control of the respect of the terms of the Contract;
  • This is necessary for the purposes of the legitimate interests pursued by Kokoroe or by a third party, namely in particular (i) to analyze and perform statistics on the consultation and use of the Service or the Site by the Client/User or in accordance with the corporate purpose of Kokoroe; (ii) to allow the sending of information, in particular commercial information from Kokoroe and/or its partners or affiliates, such as service updates, notifications, newsletters, new offers, news, etc.; (iii) to allow the sending of information to Kokoroe and/or its partners or affiliates, such as information on the use of the Service or the Site by the Client/User or in accordance with the corporate purpose of Kokoroe. and (iii) in order to prepare or implement any corporate reorganization, including in the form of a sale, merger or acquisition, sale or transfer of business or assets. It is specified that if the Client/User no longer wishes to receive these notifications, he can unsubscribe at any time by changing his settings in his account settings;
  • Where applicable, the Client/User has given his prior consent to this processing and his consent has been obtained in accordance with data protection regulations ;
  • This is necessary in order to comply with the legal and regulatory obligations to which Kokoroe is subject.

3. Communications to third parties

In order to achieve the purposes described above, Kokoroe could be led to communicate these personal data, in accordance with data protection regulations, to the following recipients:

  • Kokoroe may be led to transmit certain data of the Client / User to technical or functional subcontractors (such as the host), service providers, professional advice to ensure the operation of the site and the provision of the Service, to the exclusion of any other use (notably advertising or commercial). The said subcontractors have limited access to the data in the context of the execution of their tasks on behalf of Kokoroe and have a contractual obligation of confidentiality and protection of the Users' data and to use them only for the purposes for which they have been disclosed. The personal data collected by Kokoroe is neither transferred nor exchanged to third parties, unless this has been clearly specified at the time of collection of the data concerned and after having obtained the prior consent of the Client/User.
  • Within the framework of subscriptions subsidized by a partner of Kokoroe (ex: a company for its employees) the consultation data will be transmitted to this partner for the accounts benefiting from this subsidy ;
  • As part of due diligence in connection with a merger, acquisition or other commercial transaction (or as part of the implementation of one of these operations), Kokoroe may need to transmit this data to potential sellers or buyers and their advisors;
  • Finally, in order to comply with legal and regulatory obligations, Kokoroe may also need to share this personal data with public organizations, judicial or administrative authorities and supervisory bodies.

4. Shelf life

Personal data is kept for the time necessary to achieve the purposes for which it was collected.

In determining the appropriate retention period for such personal data, Kokoroe considers the amount, nature and sensitivity of the personal data, the potential risk resulting from the unauthorized use or disclosure of the personal data, the purposes for which the personal data is processed and the legal obligations. In addition, personal data is deleted or archived in accordance with legal and regulatory requirements.

For example, for training actions, personal data is kept for the legal prescription period (i.e. 3 years) of the administrative and financial controls applicable to training actions.

5. Technical and organizational security measures

Kokoroe implements adequate technical and organizational security measures (such as, depending on the equipment, password protection, physical locks, etc.), in order 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 permitted only to authorised employees for the purpose of carrying out their professional duties, which are subject to an obligation of confidentiality.

6. Transfers outside the EU

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

7. Cookies

What's a cookie?

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

Kokoroe uses "cookies" and other similar technologies when consulting the Site.

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

Types of cookies deposited on the Site :

Internal cookies necessary for the site to function

These cookies enable the Site to function optimally and facilitate navigation. It is possible to oppose and delete them using the browser settings, however the user experience may be degraded.

 
Name cookie Fonction Service life
_fbp FACEBOOK cookie 2191 hours / 3 months)
_ga Google cookie 17532 hours / 24 months
_gat_UA-"ID_GOOGLE" Google cookie  Navigation session
_gid Google cookie 24 hours / 1 day
PHPSESSID Kokoroe Cookie 24 hours / 1 day
rgpd_"date" Kokoroe Cookie RGPD 8766 hours / 12 months
"information_cookie" Kokoroe Cookie - Saving navigation information (position in a video, progress of a training course etc...) Navigation duration

Third party cookies intended to establish statistics, improve the Services and the interactivity of the Site, to measure its audience, or for advertising purposes.

The Kokoroe site relies on certain services offered by third party sites. These are in particular :

  • Audience measurement and traffic information services: Google Analytics and Facebook
  • Services to track online browsing and activity: Google Analytics and Facebook

These functionalities use third-party cookies directly deposited by these services. During the first visit of the Client/User to the Site, a pop-up informs the Client/User of the presence of these cookies.

The Client/User has the possibility of deleting the "cookies" stored on his connection terminal in order to definitively delete the information they contain. He can also oppose the recording of these "cookies" by configuring his browser.

8. Rights of the Client / User

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

  • Access the personal data held about him/her and receive, upon request by the Client/User, an electronic copy of the data ;
  • Rectify any inaccurate personal data or complete any incomplete personal data, if it is shown that the information held is incorrect;
  • Request, under certain circumstances, a limitation of the processing and/or the deletion ("forgetting") of his/her personal data. The Client/User may make this request at any time and Kokoroe will decide on the action to be taken. When Kokoroe determines, in accordance with the law, that the request is admissible, Kokoroe will proceed with the deletion of the personal data as soon as possible;
  • Oppose any processing based on its legitimate interest (for reasons related to its particular situation);
  • Insofar as the processing of his personal data is based on his consent, the Client/User may also withdraw this consent at any time;
  • Request the portability of his data or issue guidelines for the storage, deletion and disclosure of his personal data after his death.

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

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

The Client/User also has the possibility to file a complaint concerning the processing of his personal data with the competent data protection authority: the National Commission for Information Technology and Liberties (CNIL).