General Terms and Conditions of Use (GTCU)

PREAMBULE

These General Terms and Conditions of Use (hereinafter referred to as “GTCU”) has been drawn up between the firm Cabinet Chuquet et Jeannet Conseil (hereinafter “CCJC”) and the Client (hereinafter “the Client”) or the beneficiary/observer (hereinafter “the End-user”) wishing to access TALENT ZOOM, its application, its on-line service (talentzoom360.com) as well as any associated multimedia resources (collectively referred to as “TALENT ZOOM”), in order to benefit from the services it provides.
When the End-user is a legally bound subordinate or holds a corporate officer mandate within an entity for which the Client has obtained procurement credits for TALENT ZOOM, and/or when the End-user is not the owner of the IT equipment used to access the services provided or to copy its contents, the End-user acknowledges that he/she is bound to the scope of the present GTCU individually and/or as a representative of one of the aforementioned entities.

ARTICLE 1 : DEFINITIONS

• The term Administrator designates Le16Com, the IT service provider that administers the TALENT ZOOM Web Site and application, as described in the Legal Notice.
• The acronym CCJC designates Cabinet Chuquet et Jeannet Conseil, the firm acting as sole administrator and non co-owner of the 'Société en participation' (SEP), designating the French company status of TALENT ZOOM's joint ownership, as detailed in the Legal Notice.
• The acronym GTCU the General Terms and Conditions of Use that the Client, the beneficiary and/or their observers agree to prior to accessing all services linked to TALENT ZOOM.
• The acronym GTCSS designates the General Terms and Conditions of Sales and Services applicable to the use of the TALENT ZOOM Approach and Process.
• The term Client designates the intermediary (consultant, representative from a company or an administrative body, etc..) who has the right to use Talent Zoom (procurement account) and to access the Services offered, following the acquisition of credits from an approved Distributor for themself or the structure they represent. In order to do so, the person disposes of an individual Client account on the Web Site.
• The term Distributor designates PEARSON FRANCE - ECPA, the company that is the Sole distributor of TALENT ZOOM, as mentioned in the Legal Notice.
• The term Publisher designates CCJC, the firm that makes the Web Site pages available to the End-user, having determined their content and structure, as mentioned in the Legal Notice.
• The term Host designates the IT service provider responsible for hosting and putting the Web Site and the TALENT ZOOM application on line, as described in the Legal Notice.
• The term Legal Notice designates the information provided for the Web Site user and accessible from each of the Web Site's pages.
• The term Services designates the different sections of TALENT ZOOM approach and process, as described in article 2.1 of the present GTCU.
• The term Web Site designates the TALENT ZOOM internet site published by CCJC and accessed via its online address: talentzoom360.com.
• The term TALENT ZOOM designates the collective piece of work registered with INPI (national number 4120951) for which its co-authors - Brigitte Chuquet, Nicolas Champenois, Françoise Dissaux-Doutriaux and Hélène Jeannet - exclusively reserve all Copyrights and ancillary rights (notably reproduction and adaptation rights). This piece of work is exploited through the eponymous application, Web Site and multimedia resources (support documents/appendixes, electronic or hardcopy documentation, restitution files, internet services, etc..) associated therewith.
• The term End-user designates the beneficiary or one of their witnesses (physical persons who are personally designated and expressly authorized by the Client to use the TALENT ZOOM application) when they wish to access the Services. To do so, they dispose of a personal user account for the Web Site. This term can also indirectly designate a legal entity (company, public entity, association or private individual) to whom the beneficiary or their observers are linked by legal subordination or through a social mandate, and for whom the Client has acquired the procurement credit account.

ARTICLE 2 : PURPOSE

2.1 Purpose of the GTCU

The present GTCU governs the conditions to access and use the services provided for the End-user and the Client within the 360° - TALENT ZOOM Approach and Process, which is the outcome of the eponymous tool, exploited through the application, the Web Site and associated multimedia resources. The aforementioned services include the full feedback process, i.e.: written documentation - hard copy or electronic format - made available to the End-user prior to or at the time of use of the TALENT ZOOM application, Web Site and the application itself, as well as the restitution reports and other resources that are subsequently transmitted.
The present GTCU has been adapted to TALENT ZOOM's particular mode of distribution which indirectly links the Distributor, the Client and the Beneficiary/his or her Observers.

2.2 GTCU AND GTCSS

The present GTCU completes the GTCSS signed by the Client via the Distributor to acquire the procurement credits to access TALENT ZOOM approach and Process and the Client is responsible for bringing it to the attention of the End-user. The GTCSS are freely accessed on the Web Site and prevail over all other general or specific terms and conditions of use not expressly approved by CCJC. In the case of any existing contradictions between the aforementioned GTCSS and the present GTCU, it is the GTCU which prevails regarding any dispute between the End-user or the Client on the one hand and CCJC on the other.

ARTICLE 3: CONCESSION OF RIGHTS TO THE END-USER AND TO THE CLIENT

The services provided within the perimeter of the TALENT ZOOM approach and process, notably via the application and the Web Site, are done so within the scope of a concession and not the transfer of rights. Subject to the End-user/Client respecting each and every point stipulated in the present GTCU as well as the GTCSS, he/she disposes of a limited right of use, the main parts of which are:

3.1 Right of access and use

The End-user/Client can access the Web Site via their personal account, as the sole operator of the computer used to do so. In this manner the End-user/Client can use the application and access the on-line resources.

3.2 Personal and individual right of use of multimedia resources

TALENT ZOOM can include models and visuals (images, photographs, logos, animations, videos, etc..), sounds (music, speech, etc..) and/or texts (forms, user instructions, brochures, restitution files, etc..) comprising the multimedia resources associated with the approach and process.
These resources are reserved for the sole use of the Client, the End-user and - if necessary - of the entity to which the latter belongs. These resources are conceded under license agreement for non-commercial use only.

3.3 Backup and archiving right

The End-user/Client can, for data backup or archiving purposes only, record or copy all or part of the elements contained in the TALENT ZOOM process.
Exercising this right can, for example, be making a screen copy, printing or scanning an element, notably to have a backup copy of the replies given in response to the questionnaire found in the application request information, or making a copy of the restitution file for archiving purposes.

Access Right to technical assistance

Technical assistance supporting the use of the Web Site and the application is available and provided by the administrator:

• for the Client covering back office needs, via a telephone helpdesk (dedicated number: 01 86 22 24 16) and/or via email (admin@talentzoom360.com)
• for the End-user covering use of the application, via email (support@talentzoom360.com)

Technical assistance is accessible from 09.30 to 12.30 and 14.00 to 17.30, Monday to Thursday, from 09.30 to 12.30 and 14.00 to 16.30 on Friday. The guaranteed response time via email is one working day, and during school holidays this is extended to two working days. When these services are functioning normally and excluding external causes, the guaranteed repair time is fifteen (15) days for non-blocking anomalies, and two (2) days for blocking anomalies.

ARTICLE 4: END-USER AND CLIENT OBLIGATIONS

The End-user/ Client pledges to respect strictly all the obligations laid out in this GTCU, notably:

4.1 To respect the License

The End-user/Client pledges to respect the terms under which the rights referred to in article 3 of the present GTCU have been conceded to the End-user/Client.
The End-user/Client pledges to abstain from all fraudulent access or from breaching the limits of the rights they have, and expressly renounces to enable a non-authorized third party to exploit the services, by whatever means possible, whether paid for or free of charge.
The administrator can check the validity of the License at any time. Any individual or corporate body fraudulently using a License to access TALENT ZOOM approach and process is guilty of a counterfeiting offense and is thereby exposed to criminal and civil sanctions provided for by Law.

4.2 Prohibition to transfer Rights

Without exception the End-user/Client is not authorized to lend, rent, transfer or make freely available, directly or via a service provider, the limited rights they dispose of to access and use TALENT ZOOM approach and process according to the present GTCU, and notably:

• the Right to access and use
• all or part of the associated multimedia resources
• the Right to make a backup copy and archive
• the Right to access technical assistance

4.3 Liability of the End-user/ Client

The End-user/Client guarantees that no legal action, claim, demand or conflict driven by a third party shall be made against CCJC - including incurred costs and expenses - resulting from the breach of one or more clauses stipulated in the present GTCU by the End-user/Client.

4.4 Respect of Intellectual Property

All intellectual property rights directly or indirectly linked to TALENT ZOOM, to the application, the Web service and to the associated multimedia resources remain the exclusive property of the authors (as designated in article 1 of the present GTCU), with all the ensuing express and implied warranties.
The End-user/Client pledges to respect the above-mentioned authors' Copyright, in compliance with the applicable legislation, notably:

• to respect the integrity of the work and refrain from altering, adapting, translating or transforming any part of TALENT ZOOM, of the application, the Web Site and the associated multimedia resources
• to abstain from representing or reproducing TALENT ZOOM, the application, the Web Site and the associated multimedia resources - fully or partially - by whatever means possible, in return for a fee or without pay, without the prior consent of CCJC or acting outside the perimeter of the license agreement that has been agreed to
• to abstain from reconstituting, de-compile or disassemble the source Code of the Web Site or the application, unless these operations are expressly set out in the applicable law
• to refrain from using the services referred to in article 2.1 of the present GTCU to set up or exploit a product that would compete with TALENT ZOOM
• to mention the said Copyright in every internal or sales document they are likely to produce, referring to it directly

Therefore the End-user/Client is forbidden to reproduce notably any part of TALENT ZOOM on a third party Web Site, a company or public administration intranet or network, or as an insert in a promotional document, a notification or a brochure, whether destined for commercial or internal use by the entity in question, as well as the circulation or re-use by any means whatsoever, in so much as the conceded agreement does not expressly provide for it or that CCJC has not given its prior consent.

ARTICLE 5: ACCEPTATION OF RISKS AND LIMITED LIABILITY

5.1 Accessibility

The TALENT ZOOM Web Site and application are accessible 24/24, 7/7 with the exception of any interruption due to a force majeure, to external causes or for maintenance, optimization or up-dating requirements. CCJC, the Web master and Host, will endeavor their best to provide a fully working service, however CCJC cannot be held responsible for any prejudicial occurrence - whatever its nature may be - resulting from any experienced down time of the Web Site or the application.

5.2 Telematics network

The TALENT ZOOM Web Site and application can be accessed via the Internet network. The End-user/Client guarantees that they have the required technical knowledge and the hardware/software for this purpose. They also acknowledge the limits inherent to using a telematics network: CCJC, the Web master and Host, cannot be held responsible for any prejudicial occurrence - whatever its nature may be - resulting from an interruption in the service provided, any alteration in technical performance (notably the slowing down of access times) or any risk linked to the safety/confidentiality of communications.

5.3 Warranty restrictions

The warranty covering services provided within the framework of the TALENT ZOOM Approach and Process is restricted to either reimbursing the price or renewing the procurement account credits in question, and excludes any other compensation.
On no account can CCJC be held responsible for any harm incurred that does not result directly and exclusively from a serious default in the services provided within the framework of the TALENT ZOOM Approach and Process, such as commercial damage, violation of the brand image, loss of clients or of orders, complaints as formulated by a third party.

ARTICLE 6: DURATION

Rights within the perimeter of the present GTCU are granted for a limited duration, determined by the Distributor at the time procurement account credits are acquired, and brought to the attention of the End-user by the Client.
Any breach in the obligations stipulated in the present GTCU by the End-user/Client could lead to the immediate suspension of their personal account whether temporary or definitive, without prior notice or compensation.

ARTICLE 7: SIGNATURE OF THE GTCU, RETENTION AND ARCHIVING OF DATA

When the End-user/Client adheres to the present GTCU, thereby gaining initial access to a personal account, he/she fully accepts all the conditions as laid out in the GTCU and made available via the dialogue box situated at the end of the scrolling text format, followed by with the mention “I have read and I accept the GTCU”. Failing agreement, the process to access a personal account is automatically interrupted.
Computerized registers are kept by the web master, abiding with safety regulations governing this profession, and these will be taken as proof of the date and time of agreement with the GTCU, of communication via email, of submission of formulas, requests for technical assistance, etc.
Archiving of above-mentioned data is undertaken using a media that ensures true and sustainable restitution as required by the applicable legal dispositions. In cases of divergence between the computerized registers and other documents in paper or electronic format produced by the End-user/Client, it is expressly agreed that the computerized registers are those that will be considered legally binding.
Simply by accessing, copying or using the TALENT ZOOM Web Site and/or application, the End-user/Client recognizes furthermore that he/she is bound by the terms in the present GTCU.

ARTICLE 8: PROTECTION OF PERSONAL DATA

CCJC and the Client undertake to comply with the provisions of (EU) Regulation 2016/679 (general data protection hereinafter referred to as GDPR) and Law n°78-17 of 6 January 1978, as amended.
The services delivered within the established framework of the TALENT ZOOM Web Site and application require the automatic processing of personal data (as mentioned in article 4 of the GDPR), to create personal user accounts and to make available the application for use (data input formulas).
Nominative data input will be kept for a period of two years before being destroyed. Anonymous data (or data rendered anonymous) can be kept for ulterior statistical use, within the limits fixed by the applicable texts.

8.1 Data controllers

• CCJC, as part of its consultancy activities, for the processing of personal data required for the individual assessments it carries out using TALENT ZOOM

or

• the Client, for assessments carried out on its behalf using TALENT ZOOM

are distinctly responsible as data controllers within the meaning of article 4 of the GDPR, for their own activities.

8.2 Purpose of processing

The purpose of processing personal data using TALENT ZOOM is to prepare individual career assessments, via the following operations:

• recording and checking users' identification data
• recording and transmission of information by beneficiaries of individual assessments
• recording and transmission of information by people in the professional environment (observers)
• creation of professional profiles for the beneficiaries of the assessments and for the designated recipients
• drawing up group profiles by aggregating individual data

The processing of beneficiary and observer data is carried out on the basis of the consent of the persons concerned.

8.3 Persons concerned

• Beneficiary-users of professional assessments.
• Observer-users, people in the Beneficiaries' professional environment.

8.4 Categories of data processed

• Civil status.
• Contact details.
• Professional life.
• Login details.

8.5 Data retention

Personal data relating to beneficiaries and observers will be kept for archiving purposes for a period of two years after the assessment has been completed, before being destroyed. The personal data of professional accessors (consultants, coaches) is kept for the duration of the validity of TALENT ZOOM's rights of use. The personal data of professional accessors (consultants, coaches) is kept for the duration of the validity of TALENT ZOOM's rights of use.

8.6 Optional nature of personal data and recipients of processing

All requests for nominative information are optional and their sole purpose is to enable secure access to the site and the normal use of TALENT ZOOM pproach and process: failure to provide this information will only result in preventing access to the site (requests relating to individual accounts) or the production of the feedback report (requests relating to data entry forms)
As the case may be, CCJC or the Client who has acquired the transfer credits is the sole recipient of feedback reports drawn up on the basis of the data provided, one copy of which is provided to the person concerned and, where applicable, to the recipients authorized by that person. Nominative information relating to accounts and entry forms is intended exclusively for the website and application administrator. Data relating to the beneficiary's observers is anonymized.
Under no circumstances will the personal data provided be monetized, whether anonymized or not: the administrator and CCJC strictly prohibit any sale of contacts for commercial solicitation, any transfer of behavioral data for statistical purposes or, in general, any transfer of data to internal departments, partners or third parties.

8.7 Rights of individuals

All users of the TALENT ZOOM website and application have the right to access, rectify, modify, correct, update, delete and port their personal data; they may also request that processing be restricted. Beneficiaries of assessments may withdraw their consent at any time; such withdrawal immediately puts an end to the assessment and entails the deletion of all related data.
If you wish to exercise these rights, please contact the administrator by e-mail (support@talentzoom360.com) or by post (Le16com, Support Talent Zoom, 7 Rue Castéja, 92100 Boulogne-Billancourt).
In the event of a dispute relating to data protection and the exercise of related rights, a complaint may be lodged with the 'Commission Nationale Informatique et Libertés'.

ARTICLE 9: SUB-CONTRACTING THE PROCESSING OF PERSONAL DATA

CCJC acts as a subcontractor within the meaning of Article 4 of the GDPR in relation to the Client in the context of the provision of the TALENT ZOOM website and application.
Description of the processing subject to subcontracting:
The subcontractor is authorized to process on behalf of the data controller the personal data necessary to provide the following services:

• the rental, administration, maintenance and updating of the computer server required to host and operate TALENT ZOOM
• hosting the TALENT ZOOM tool, the web service and the associated multimedia resources
• administering and updating the TALENT ZOOM application, web services and associated shared resources
• the monitoring, control and regular backup of all TALENT ZOOM data

The purpose of processing is to analyze the skills, aptitudes and professional expectations of the people concerned by the TALENT ZOOM Approach and Process.
The personal data that is processed is data relating to users of the services:

• user identification data
• authentication data
• connection data
• content of the TALENT ZOOM questionnaires

The categories of people concerned by the processing are the Client's users and the people involved in a professional assessment approach and process (End User).

9.1 General obligations of the Subcontractor towards the Data controller

The subcontractor undertakes to:

• process the data for the sole purpose(s) for which it has been subcontracted
• process the data in accordance with the conditions set out in the present GTCU and accepted by the Client
• guarantee the confidentiality of personal data processed within the framework of the present GTCUs
• ensure that persons authorized to process personal data under the present GTCU undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality
• take into account, with regard to their tools, products, applications or services, the principles of data protection by design and data protection by default

9.2 Subcontracting

The subcontractor may call upon another subcontractor (hereinafter referred to as "the subsequent subcontractor ") to carry out specific processing activities. In this case, the subcontractor shall inform the data controller in advance and in writing of any changes envisaged concerning the addition or replacement of other subcontractors. This information must clearly indicate the processing activities subcontracted, the identity and contact details of the subcontractor and the dates of the subcontracting contract. The data controller has a minimum of one month from the date of receipt of this information in which to raise any objections. This sub-contracting may only be carried out if the data controller has not raised any objections within the one-month period.
The Client is hereby informed that the company Le16com, 7 Rue Castéja, 92100 Boulogne-Billancourt, is responsible for the hosting, operations and maintenance of the TALENT ZOOM Web Site and application.
The subsequent subcontractor is required to comply with the obligations of the present GTCU on behalf of and in accordance with the instructions of the data controller. It is the responsibility of the initial subcontractor to ensure that the subsequent subcontractor presents the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the European Data Protection Regulation. If the subsequent subcontractor does not fulfil their data protection obligations, the initial subcontractor remains fully responsible to the data controller for the other subcontractor's fulfilment of obligations.

9.3 Data subjects' right to be informed

It is the responsibility of the data controller to provide information to data subjects at the time of data collection.
Information relating to the processing carried out with TALENT ZOOM and to the rights of individuals is brought to their attention in the above-mentioned article 8 when they first access the site.

9.4 Exercising individual rights

Wherever possible, the subcontractor must assist the data controller in fulfilling its obligation to comply with requests from data subjects to exercise their rights: right of access, rectification, erasure and objection, right to restrict processing, right to data portability, right not to be subject to an automated individual decision (including profiling).
Where data subjects make requests to the subcontractor to exercise their rights, the subcontractor must send these requests immediately upon receipt by e-mail to the data controller concerned.

9.5 Notification of personal data breaches

The subcontractor shall notify the data controller of any personal data breach within a maximum of 24 hours after becoming aware of it. This notification shall be accompanied by all relevant documentation to enable the data controller, if necessary, to notify the competent supervisory authority of the breach.
The notification shall contain at least:

• a description of the nature of the personal data breach including, if possible, the categories and approximate number of persons affected by the breach and the categories and approximate number of personal data records affected
• the name and contact details of the Data Protection Officer or other contact point from whom further information can be obtained
• a description of the likely consequences of the personal data breach
• a description of the measures taken or proposed to be taken by the data controller to remedy the personal data breach, including, where appropriate, measures to mitigate any possible negative consequences

9.6 Assistance provided by the Subcontractor to enable the Data controller to comply with their obligations

The subcontractor assists the data controller in carrying out data protection impact assessments, provided that the former undertakes processing operations which the data controller considers warrant such an approach.
Where applicable, the subcontractor assists the data controller in carrying out the prior consultation with the supervisory authority.

9.7 Security measures

The subcontractor undertakes to implement appropriate organizational and technical measures to guarantee a level of security adapted to the risk.

9.8 Fate of data

On completion of the services relating to the processing of this data, the subcontractor undertakes to destroy all personal data.

9.9 Register of processing activity categories

The subcontractor declares that it keeps a written register of all categories of processing activities carried out on behalf of the data controller, including:

• the name and contact details of the data controller on whose behalf it is acting, of any subcontractors and, where applicable, of the data protection officer
• the categories of processing carried out on behalf of the data controller
• where applicable, transfers of personal data to a third country or to an international organization, including the identification of that third country or organization
• as far as possible, a general description of security measures

9.10 Documentation

The subcontractor shall make available to the data controller the documentation necessary to demonstrate compliance with all its obligations and to allow audits, including inspections, to be carried out by the data controller or another auditor appointed by the latter, and to contribute to such audits.

ARTICLE 10: VARIOUS PROVISIONS

10.1 Evolution of the Web Site and the application

The administrator and CCJC can modify the content of the TALENT ZOOM approach and process or the modes of transmission and use of its services. They commit to give prior warning to the End-user/Client before initializing any modification in order to enable him/her to upgrade computer systems and software as required to access the services.

10.2 Severability of clauses

If one or more of the stipulations in the present GTCU are rendered invalid by a mandatory provision or a definitive legal decision, these will be deemed unwritten. Such invalidation shall however not affect the other stipulations in the present GTCU, which will retain their full effect, unless they are directly linked to a determining element for one of the parties at the time of the acquisition of the license to access TALENT ZOOM.

ARTICLE 11: APPLICABLE LAW, PRIOR CONCILIATION PROCEDURE AND COMPETENT COURT

11.1 Applicable law

Any dispute related to the training, the validity, the interpretation, the execution or the breach of the present GTCU will be submitted to French law alone.

11.2 Prior Conciliation procedure

Parties agree to seek an amicable agreement to such a dispute before filing a complaint before a judicial jurisdiction or an arbitration court.

11.3 Competent court

Unable to reach an amicable agreement within a one (1) month time period starting from the notification date by one of the parties requesting a conciliation, the only competent court able to address this dispute - unless contrary public order provisions exist - is the Tribunal de Commerce de Nanterre, even in the event of a plurality of defendants or of a third party notice.

11.4 Language of reference

In the event of any discrepancy in interpretation, contradiction or inaccuracy in translation, the French version shall prevail, the English version being for convenience only.