GENERAL CONDITIONS OF SALES SoWeSign
The company Je Suis En Cours, registered in the Nantes Trade and Companies Register under number 829 342 559, whose registered office is located at 17 rue de la Guillauderie, 44118 La Chevrolière, duly authorized for the purposes of the present document and hereinafter referred to as “the Company” or “Je Suis En Cours”.
The Company’s activity consists of the publication and distribution of computer and document dematerialization solutions. As such, the Company offers a subscription to an online time sheet dematerialization solution in SaaS mode as well as the provision of dedicated tablets, linked to the use of said solution.
This solution is hosted by Microsoft France. The customer accesses it via a remote Internet connection accessible by monthly subscription.
The environment dedicated to the Customer is accessible with an identification code / PIN code strictly personal on https://app.sowesign.com it allows access to the administrative management interface of the solution. The solution is available via the application on the PlayStore and AppStore or on a web browser via the URL that will be communicated to you depending on the environment you will use.
Article 1. Definitions
Archiving: refers to the operation that consists of collecting an Electronic Document provided by the Client at the time of the Je Suis En Cours service, called Archiving, preserving it in its original format, and allowing its Consultation and Restitution.
Archive : designates an Electronic Document received by Je Suis En Cours.
Client : designates the company that has signed a Contract with Je Suis En Cours.
Consultation: designates the various possibilities offered to the Client to consult its Archives.
Contract: designates the present Contract and its possible renewals.
Destruction: refers to the technical process by which all or part of the Client’s Archives are rendered definitively and logically inaccessible.
Deposit: refers to the operation that consists of Je Suis En Cours preserving and restoring an Archive received from the Client in an integrated manner.
Data: refers to the information transmitted by the Client to Je Suis En Cours, as well as the signatures and documents collected by the SaaS SoWeSign platform.
Evidence File: refers to all the elements associated with the Electronic Signature of a document, kept by Je Suis En Cours for 10 years from the generation of the document, and produced in the event of a conflict of proof.
Retention Period: refers to the period during which Je Suis En Cours undertakes to keep an Archive in its system. The duration is, by default, set at 10 years.
Writing : designates any document on electronic support on which the Electronic Signature is affixed.
Integrity: means a property that ensures that the Electronic Document has not been modified by Je Suis En Cours or by a third party.
Parties: refers to the parties involved in this contract.
Restitution: designates the process by which the Client requests Je Suis En Cours to return one or more Archives on an external medium, notably at the end of the contractual relationship.
Reversibility: refers to the process of returning the entire Archive.
Electronic signature: means the reliable identification process that guarantees its link with the Writing to which it is attached.
Processing: means the service of collecting signatures and generating certificates of attendance provided by the SaaS platform SoWeSign.
User: means any natural person duly authorized by the Customer to perform any Electronic Signature or Archiving operation.
SaaS: Software As A Service: an application hosted on the Internet and available remotely (without installation on an internal server or on the local station of the customer establishment concerned).
Article 2. Scope of application
Validation of the order for services by the Customer implies unreserved acceptance of these General Terms and Conditions of Service by the Customer; the Customer declares and acknowledges that he has read them before committing himself, and thereby waives the right to rely on any contradictory document and, in particular, on the clauses contained in his own general terms of purchase.
Article 3. Benefits
Article 4. Order
To use the Je Suis En Cours services, the Customer must first register on the site and then follow the instructions provided. Alternatively, the Customer can contact the sales department to study his specific file. An order form will then be sent by Je Suis En Cours that the Customer will have to sign and return by e-mail or post to the address indicated on the document.
Article 5. Identification
The Customer accesses the SoWeSign solutions after having received an identifier and a PIN code from the Company. The identifiers are unique, personal and strictly confidential. The combination of the ID code and the PIN code is strictly confidential. The Client is solely responsible for its use. Any use of the identifiers is deemed to be an irrefutable use of the SoWeSign solution by the Customer, which the Customer expressly accepts.
Article 6. Time of commissioning
The Customer will be able to access the ordered solutions after validation of his registration, i.e. when the order forms are returned signed and the deposits paid. From that moment on, the Je Suis En Cours project manager will approach the Customer to activate the commissioning.
Article 7. Duration
Unless otherwise specified, the duration of the Contract is one year for the regular solution and from 1 to 3 months for the evaluation version. The Contract is then renewed by tacit agreement for successive periods of one year, unless one of the parties decides to terminate it in writing or by using the unsubscription procedure provided for this purpose on the site. The parties may terminate the contract at any time, in writing or by using the unsubscribe procedure provided for this purpose on the Site, provided that a three-month notice is given.
Article 8. Rates and discounts
The services offered by Je Suis En Cours are provided at the rates in effect at the time the client places the order with the company. Preferential or promotional pricing conditions may be granted, notably according to the volume of services subscribed to. The prices are expressed in euros and exclusive of tax. These prices are firm and non revisable during their period of validity. No discount is granted by Je Suis En Cours.
Article 9. Terms of payment, late payment penalties and penalty clause
After a possible initial implementation period linked to a specific Purchase Order (depending on the project), the price of the service is payable monthly in advance on the day the order is placed by the Customer. Payment is made by bank transfer, by secure payment method or by direct debit from a bank account. The Customer agrees to authorize the payment of monthly installments by direct debit or recurring payment from his bank account. In the event of late payment, late payment penalties equal to the legal interest rate in force on the date of the order plus five points will be applied to the balance of the sums due; in addition, the customer will be liable for a fixed indemnity of 40 € for collection costs as provided for in
Article D.441-5 of the Commercial Code. These penalties and expenses will be automatically and by right acquired, without formality or
In addition, any failure to pay on time, repeated more than 3 times over the last 12 months, will result in the payment of an indemnity as a penalty clause equal to 10% of the sums due, with a minimum indemnity of 500 euros, without prejudice to any other action that Je Suis En Cours may be entitled to take. In the event of non-compliance with the above payment conditions or failure to provide a guarantee by the Client, Je Suis En Cours reserves the right to suspend or cancel the services in progress.
Article 10. Support, UTA, Training and Documentation
Je Suis En Cours undertakes to provide the Customer with technical support in the event of a malfunction of its service, with the aim of restoring the proper functioning of the SoWeSign solution as quickly as possible. This support is available through the “support” tab in the main SaaS interface of the online solution, and allows the Customer to file a technical problem ticket at any time, which will be processed by the Je Suis En Cours support teams.
In the event of a critical blockage of the solution, exceptional support is available by telephone, Monday to Thursday from 9:00 am to 12:30 pm and from 2:00 pm to 5:00 pm, Friday from 9:00 am to 12:30 pm and from 2:00 pm to 4:30 pm, excluding public holidays.
This support service is unlimited and included in the subscription fee for all points resulting from a technical malfunction of the solution. It is not intended to replace a lack of training of the Customer. The customer will have to self-train via the e-learning site made available at the start of the project and accessible at the URL https://elearning.sowesign.com.
A UTA (User Training Assistance) service in the form of a number of prepaid hours is available to Customers, upon request to the sales department. This specific service covers the aspects of configuration, training, and assistance in the normal use of the solution, except for technical anomalies handled by Support.
Je Suis En Cours also offers paid training in the use of its solution, carried out on site by the Je Suis En Cours consulting teams.
Article 11. Obligations and responsibility of Je Suis En Cours
Je Suis En Cours undertakes to preserve the integrity and confidentiality of the data communicated to it by the Client, whether during their transmission or during their hosting. As Je Suis En Cours is not the originator of the content of the Writing and of the documents added to the file and has no supervision of the clients, it cannot appreciate the nature and importance of the data. By express agreement, the amount of damages resulting from the definitive loss of Integrity of one or more Proofs of Writing or Archive, is fixed at a sum of 1€ per lost signature representing ten times the cost of the unitary service failed client. The Customer acknowledges that such an invoice is neither derisory nor excessive and constitutes fair compensation for the loss suffered.
In any case, the total amount of compensation due by Je Suis En Cours for its contractual responsibility towards a Client may not exceed, per calendar year, all claims combined, the last six months of the Client’s billing.
The responsibility of Je Suis En Cours could not be committed in the following cases:
- Virus problems/intrusions into the client’s computer system
- Non-respect of the procedures related to the installation of the solution
- Non-respect of the laws in force as for the intellectual property due to the actions of the customer
- Malfunction linked to the sole actions of the customer
- Case of force majeure
- Problems related to external factors (sun, storm, etc.)
- The client has provided false or obsolete information about himself
Je Suis En Cours will remain a stranger to any dispute that may arise between the client and third parties in connection with the present. The Company cannot be held responsible for the quality of the client’s internet connection. During the transfer by means of telecommunication or any other means, no responsibility can be held against the Company in case of alteration of the information or data during the transfer. Under no circumstances shall the Company be held liable for any direct or indirect damage that may occur, in particular: commercial prejudice, loss of clientele, any commercial disturbance whatsoever, loss of profit, loss of brand image or any action in competition deemed unfair such as loss of market, etc.
Article 12. Obligations and responsibility of the Customer and/or the User
The Customer shall take particular care to preserve the confidentiality of its identifiers. The Customer agrees to inform each User of these terms and conditions of use of the SoWeSign solutions and to ensure that the User complies with the obligations incumbent upon him/her as a User of the SoWeSign solutions. The Customer undertakes to notify Je Suis En Cours immediately of any compromise of the identifiers.
The Customer and/or the User are informed that the Signature or the Archiving constitute processing of personal data within the meaning of the French Data Protection Act of January 6, 1978 n°78-17; consequently, they are personally responsible for all legal, regulatory, administrative or ethical obligations that may govern their professional activity when using the SoWeSign solutions.
Section 13. Suspension of Obligations
In the event of force majeure, the obligations of the parties shall be automatically suspended in the event of events beyond their express control that prevent the normal performance of this Contract. The party noting the event shall immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay. However, as soon as the cause of the suspension of their mutual obligations disappears, the parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented party will notify the other of the resumption of its obligation by e-mail.
Article 14. Termination for failure of a party to perform its obligations
In the event of non-compliance by either party with its obligations under this Agreement, this Agreement may be terminated at the option of the aggrieved party. It is expressly understood that such termination shall take place by operation of law, without summons or execution of formalities.
Article 15. Intellectual Property
Ownership of the solution: Je Suis En Cours is and remains the owner of the intellectual property rights on its computer solutions. In particular, the Customer and/or User is strictly forbidden to:
– To proceed to any form of reproduction or representation of the SoWeSign solution or its documentation, or to alter or mask in any way whatsoever the trademarks, distinctive signs, copyright notices affixed to the SoWeSign products;
– To intervene on the SoWeSign solution in any way and for any reason whatsoever, including to correct errors, the evolutionary and corrective maintenance being ensured by Je Suis En Cours;
– To modify or seek to circumvent any of Je Suis En Cours’ protection devices. Ownership of data: Je Suis En Cours will never own the data and information transmitted by the Client.
Article 16. Reference to the Customer
As of the acceptance of the present General Conditions by the Customer, Je Suis En Cours reserves the right to use the logo or to quote the name of the Customer as a reference in any advertising, commercial and institutional document (in particular on its website), which the Customer expressly accepts.
Article 17. Applicable law
By express agreement between the parties, these General Terms and Conditions and the services resulting from them are governed by French law. The Customer declares to be personally responsible for the validity of the SoWeSign solutions with respect to the national law applicable to the processed data.
Article 18. Disputes
Any dispute relating to the conclusion, interpretation, execution or termination of this contract will be submitted to the Commercial Court of Nantes with exclusive jurisdiction, including in reference, notwithstanding the appeal in guarantee or the plurality of defendants.
Article 19. Reversibility of documents stored in a EDM
The service also includes the online consultation of the archives in the SoWeSign EDM and the destruction of archives beyond the legal retention period. The service also includes a standard and free function of reversibility of the documents, usable at any time by the customer on the online management platform.
Article 20: Preservation of the Written Word
If the Client decides not to subscribe to Je Suis En Cours’ electronic archiving solution at the same time, it is up to the Client to take all necessary measures to preserve the Written Document on which the electronic signature and the related files are affixed in a permanent manner. Je Suis En Cours undertakes to keep, under the conditions provided for in its certification policy, the Documents and the evidence file for a period of ten years from the date of the Signature of the Document, subject to the payment of the monthly fees provided for under the terms of this contract by the Client during this document retention period.
Article 21. Purpose of the electronic archiving service
The service consists of preserving and returning, within the framework of a deposit contract, according to the legal and contractual terms and conditions described herein, any electronic document sent by the Client to Je Suis En Cours.
The Client is informed that Je Suis En Cours reserves the right to carry out the Deposit of the Archive with a third party company specialized in electronic archiving operations.
Article 22. Registration and conservation of the Archives
Je Suis En Cours archives and preserves all electronic documents received, and of which it has acknowledged receipt, in compliance with the applicable legislation, taking all security measures to guarantee their integrity. Je Suis En Cours is not a health data host in the sense of article L1111-8 of the public health code, the archiving of health data is excluded from Je Suis En Cours services. Electronic documents are kept exclusively in their original format and the Client is solely responsible for the choice of electronic formats and their durability. The Client declares that he/she is informed that the formats of electronic documents are by nature evolving and that, consequently, it is up to him/her to keep the software allowing the reading and, if necessary, the exploitation of the Archives, at the time of their Consultation or their eventual Restitution and to surround himself/herself with all the necessary competences for this purpose. Je Suis En Cours indicates that it will not be able to detect or eliminate the presence of viruses of any kind inside these electronic documents, any consequence caused by such intrusions would be the responsibility of the client.
Article 23. Customer’s responsibility
Because of the confidentiality associated with Archiving and the absence of any control by Je Suis En Cours over the content of the Archive, the Client is solely responsible for the content of the Archive; he expressly declares to Je Suis En Cours that all of his Archives will comply with the applicable legislation and regulations, in particular with regard to the protection of minors and respect for the human person as well as his personal data, his health data and the rights of third parties, in particular with regard to intellectual property and health data. The Customer undertakes not to store any Archive of this type. Consequently, the Client guarantees Je Suis En Cours from any responsibility related to the content and possible use of the Archives. Furthermore, it is specified that Je Suis En Cours will respond, within the framework of the applicable legislation, to any request or requisition made by the competent judicial or administrative authority.
Article 24. Retention period of the Archives
Article 25. Consultation of the Archives
Article 26. Return of the Archive at the end of the preservation obligations
At the end of its contractual obligations of conservation, and per calendar year, Je Suis En Cours undertakes to provide the Client with a computerized means of restitution of all of its Archives that have expired during the past calendar year, on the condition that the Client expressly requests this before December 31st of each year. In the absence of an express request for Restitution from the Client, Je Suis En Cours may freely proceed with the Destruction of any archived electronic document. Je Suis En Cours will define the exact moment of this destruction operation in order to respect the maintenance windows necessary to maintain the quality of the service offered. However, at the express request of the Client before December 31st of each year, its Archives may be preserved by Je Suis En Cours for an additional minimum period of one year at the tariff conditions applicable at the time of the request.
Article 27. Return of data at the end of the contract
In the event of termination of the contractual relationship, Je Suis En Cours shall return to the Client all of its Archives in the process of being deposited on a USB key or DVDROM within a period of ninety days. The return of the Archives by Je Suis En Cours will release the latter from its obligation to preserve the Archives. This service is free of charge and included in the subscription fee.
Article 28. Prerequisites
To fully benefit from the service, the Customer must have:
- A reliable internet connection
- A place of business that belongs to it and/or where it is authorized to make decisions relating to this contract.
- The Customer shall be responsible for any problems related to additional services to which he/she has previously subscribed that may interfere with the proper functioning of SoWeSign.
- The Customer shall be responsible for the optional intervention of an electrician or a technician for the electrical wiring of the wall shelves.
Article 29. Description of the SoWeSign SaaS Service
- An environment strictly personal to the institution
- An optional training for the use of the solution
- A support service in case of problems
- Access to an e-learning site for the use of the solution
As part of the supply of SoWeSign tablets, the equipment made available to the customer remains the property of Je Suis En Cours, upon receipt of the equipment. If all or part of the equipment is missing, the customer agrees to notify customer service upon receipt of the equipment.
This material cannot be assigned, sublet, transformed, pledged, transferred or loaned. It is forbidden for the customer to dispose of the equipment outside the use of the service. In the event of any claim by a third party to rights over the equipment, the client is obliged to oppose this and to inform Je Suis En Cours immediately in order to safeguard his rights.
From the moment the client takes possession of the equipment and for the duration of the contract, the client is entirely responsible for the equipment and any damage that may be caused to it (theft, breakage, loss, deterioration, etc.). For this reason, the customer will have paid a deposit by bank transfer, which will be cashed and returned to the customer upon return of the equipment in good working order and in good condition. In case of damage, theft, loss, or any other problem related to the condition of the equipment provided by Je Suis En Cours, the real value of the equipment will be charged to the Customer who commits to insure the equipment for its real value as specified in the Guarantee Deposit and in the Delivery Note associated with the equipment provided.
Je Suis En Cours ensures the maintenance of the tablets supplied. In the event of a new version or update of the tablet, Je Suis En Cours undertakes to carry out a standard exchange of the defective equipment by post or to carry out the update remotely.
In the event of a problem using the solution, assistance is provided by the company, which will receive the request, record it with the date, time and reason, qualify it and give basic advice for solving the problem. In order to be able to request it, the customer will have to designate a “super administrator” whose function will be to make the link between him and the company and to ensure the information of the users and the daily support.
Article 30. Agreement of proof
For the purposes of this contract, the parties agree that the written document in electronic form is accepted as a probative medium in the same way as the written document on paper. The parties agree to keep computer records and paper copies of messages or orders that they exchange for the execution of this contract in such a way that they can constitute faithful and durable copies within the meaning of
Article 1348 of the Civil Code.
SPECIFIC CONDITIONS FOR THE SECURITY DEPOSIT
Article 31. Agreed and determined as follows
The Company offers a global subscription to the Customer, under the SoWeSign brand, including the hosting and online signature processing server, the service, and the hardware. The equipment provided by Je Suis En Cours is subject to an initial deposit when the SoWeSign subscription is taken out. The present contract may be subject to subsequent amendments, depending on the variation in the number of tablets used by the Client. This equipment remains the exclusive and non-transferable property of the Company, during the entire subscription period subscribed by the Customer. In the event of termination of the SoWeSign subscription, or reduction in the number of tablets used, the Client shall return the specific equipment to Je Suis En Cours, which shall return the Deposit that is the subject of this contract.
Article 32. Amount of the security deposit
The Customer commits to pay this day, the Deposit of Guarantee for the whole of the material related to the subscribed subscription, by cashed check or transfer to the order of the Company.
Please note: the real value of each tablet is 289€* excluding VAT, and this amount will be invoiced by Je Suis En Cours, in case of loss, breakage or significant damage of the equipment provided.
* VAT rate applicable in France as of June 1st 2021: 20%.
Article 33. Provision of equipment
The SoWeSign signature equipment will be made available to the Customer within an average of 4 to 6 weeks following the receipt of the Deposit. The initial or recurrent invoicing related to the SoWeSign subscription will start on the 1st day of the month following the receipt of the equipment by the Customer.
The SoWeSign signature equipment is tested before each shipment and checked for proper condition and operation.
It is the Customer’s responsibility to check the quantities, the perfect aesthetic and working condition when receiving the equipment and to refuse any equipment in bad condition from the carrier, or at least to make a precise mention of the condition of the packaging and its container when receiving the goods.
The material is delivered in person by Je Suis En Cours against the signature of the Delivery Note, or sent by Je Suis En Cours by carrier including insurance that covers the material up to its real value of 289€ HT per tablet.
The Customer who charters a carrier or transports the material by himself commits to do so in the best security conditions.
Article 34. General conditions
All taxes, customs duties, import duties, charges, fees, authorizations, insurances… are to be paid by the Customer.
The Customer is advised to insure the rented equipment against all risks (theft, vandalism, natural disasters, physical and material damage, etc.).
The Customer is deemed to be familiar with the operation and handling of the equipment and will therefore be held responsible for any misuse. The Customer certifies that he/she is aware of all the safety warnings, risks and precautions to be taken in relation to the use of the equipment rented through this contract.
The electrical distribution or installation used and made available by the Customer must be in compliance with standards and reliable. Any damage to the equipment due to electrical failure or overload will be charged to the Customer.
Article 35. Control and signature of the delivery order
This document must be signed by the Customer and returned to the Company, for the activation of the signature tablets and SoWeSign services.
Article 36. Return of the deposit
In the event of termination or transfer of the contract binding the Customer to Je Suis En Cours, the Customer agrees to return the complete equipment in perfect working order, either by hand, by express carrier or by secure mail, with acknowledgement of receipt and delivery against signature.
Je Suis En Cours will notify the Customer of the termination of the subscription linked to the signature equipment within 15 days of receipt of the equipment returned by the Customer.
The material returned by the Customer will be tested by Je Suis En Cours. Any defects, irregularities or excessive wear and tear in relation to normal use, noted during this test, will be charged to the Customer.
The financial value of the missing or broken equipment at the time of return will be recovered in priority from the Guarantee Deposit deposited by the Customer, and the possible difference will be invoiced by Je Suis En Cours to the Customer, within the limit of 289€* excluding VAT per tablet. The reimbursement of the Deposit will be made within 30 days after Je Suis En Cours has received the equipment in good condition.
*VAT rate applicable in France on June 1st 2021: 20%.
GENERAL CONDITIONS « PROTECTION OF PERSONAL DATA »
The purpose of these General Conditions is to set out the rights and obligations of the Client and Je Suis En Cours concerning personal data with regard to the provisions of European Regulation n°2016/679 adopted on 14 April 2016 applicable from 25 May 2018 on the protection of individuals with regard to the processing of personal data and on the free movement of data.
These General Terms and Conditions supersede any previous contractual provisions relating to the protection of personal data.
For the purposes hereof, the terms: “personal data”, “process/processing”, “data protection officer”, “controller”, “recipient”, “processor”, “transfer/transfer” shall have the same meaning as given to them in the European Regulation 2016/679 adopted on 14 April 2016 applicable from 25 May 2018 on the protection of individuals with regard to the processing of personal data and on the free movement of data.
Within the framework of their contractual relations, the parties undertake to comply, each as far as it is concerned, with the regulations in force applicable to the processing of personal data. In particular, the law relating to data processing and freedoms of January 6, 1978 (the Data Protection Act) and the European Regulation 2016/679 of the European Parliament and the Council of April 27, 2016 (hereinafter the “GDPR”).
Processing carried out by the Customer as data controller
The personal data of the Customer’s managers and signatories (Name, First Name, E-mail at least) are collected and processed by the Customer. In its capacity as data controller, for the purpose of managing its service providers and suppliers.
The processing of this personal data is necessary for the execution of the contracts concluded between Je Suis En Cours and the Client.
The persons concerned, namely the Client’s managers and signatories, may exercise their rights of access, rectification, deletion, opposition, limitation of processing, data portability and not to be the subject of an automated individual decision, under the conditions provided for by the Regulations.
Processing carried out by Je Suis En Cours as data controller
The personal data of the Client’s collaborators in contact with Je Suis En Cours are collected and processed by Je Suis En Cours for the purpose of executing the contract between the Client and Je Suis En Cours.
The processing of this personal data is necessary for the execution of the contract for the purposes of the legitimate interest pursued by Je Suis En Cours to inform its clients and prospects about the services it offers and for the execution of the contracts concluded between Je Suis En Cours and the Client.
The persons concerned may exercise their rights of access, rectification, deletion, opposition, limitation of processing, portability of data and not to be the subject of an automated individual decision. You can exercise your right to access and rectify your personal data by contacting Je Suis En Cours at the following address: email@example.com.
Processing carried out by Je Suis En Cours as a subcontractor of the Client
Je Suis En Cours is authorized to process on behalf of the Customer the personal data necessary to provide the services subscribed to by the Customer (hereinafter: the “Services”).
The nature of the operations carried out on the personal data is the collection, processing and hosting of the personal data of the Client’s signatories in the context of the provision of the Services.
The purpose of the processing is to provide the Services.
The personal data processed are the identification data of the learners, trainers and administrative staff of the training organization for which the Client will use the services of Je Suis En Cours.
The categories of persons concerned are the learners, the trainers and the administrative personnel of the Client.
In order to carry out the Services, the Client provides Je Suis En Cours with information relating to the Client’s learners, trainers and administrative personnel.
The Client is the data controller of the personal data referred to above. The personal data provided by the Client to Je Suis En Cours for the purpose of executing the Contract remains the sole property and responsibility of the Client.
Je Suis En Cours acts exclusively as a subcontractor of the personal data.
Obligations of Je Suis En Cours towards the data controller
Je Suis En Cours undertakes to:
Process personal data solely for the purpose of performing the Services;
Process the data in accordance with the provisions of this Schedule and any subsequent documented instructions from the Controller. If the Contractor considers that an instruction constitutes a violation of the applicable Regulations, it shall immediately inform the Controller;
Guarantee the confidentiality of personal data processed in the course of providing the Services;
- Ensure that persons authorized to process personal data under the Agreement:
- Are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality
Receive the necessary training in the protection of personal data;
Consider the principles of data protection by design and data protection by default in its tools, products, applications or services;
Je Suis En Cours may use other subcontractors to conduct specific hosting activities. In this case, it will inform the Client in advance of any changes envisaged concerning the addition or replacement of other subcontractors. This information must clearly indicate the subcontracted processing activities. The Customer has a maximum of 30 days from the date of receipt of this information to present its objections.
The subcontractors that Je Suis En Cours calls upon are bound to respect the obligations of Je Suis En Cours on behalf of and according to the instructions of the Client. It is Je Suis En Cours’ responsibility to ensure that these subcontractors present the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the RGPD. If a Subcontractor fails to fulfill its data protection obligations, Je Suis En Cours remains responsible to the Client for the performance by the other Subcontractor of its obligations.
The Subcontractor shall maintain a list of subsequent subcontracting agreements entered into pursuant to this clause which shall be updated regularly and at least annually. This list shall be made available to the Data Controller and, if requested, to the CNIL.
In the event that the Subcontractor, having obtained the prior written consent of the Data Controller, chooses a subsequent Subcontractor located outside the European Union, any necessary compliance work will be borne financially by the Subcontractor. In such a case, the Subcontractor must, at a minimum, justify to the Data Controller:
- To have signed the European Commission’s Standard Contractual Clauses with the Subcontractor, or failing that
- The application to the subcontractor of “Binding Corporate Rules” approved by the competent control authority, when the subcontractor is one of the subcontractor’s subsidiaries;
Right to information
It is the Customer’s responsibility to provide information to the persons concerned by the processing operations at the time of data collection;
Duty to inform
The Sub-processor shall keep the Controller informed, without delay and at the most within 5 working days:
Any request for communication of personal data from a competent authority or which is imposed on the Data Processor by virtue of the law of the Union or the law of the Member State to which it is subject, unless a duly justifiable legal exception prohibits such information for reasons of public interest;
Any request from the Data Subject to exercise his rights with regard to the processing entrusted to the Data Processor. In this case, the Data Processor will not respond directly to the Data Subject unless it has been authorized in writing by the Data Controller;
Exercising the rights of individuals
To the extent possible, Je Suis En Cours shall assist the Client in fulfilling its obligation to respond to requests to exercise the rights of Data Subjects, namely the following rights
To information: the Subcontractor in charge of collecting the personal data of the Data Subjects undertakes to transmit to the latter, at the time of collection, the information provided to the Subcontractor by the Data Controller;
Access: extraction and transmission to the Data Processor by the Subcontractor, in a readable format, of the data entrusted to it about the Person concerned;
Rectification, erasure and opposition: transmission to the Data Controller by the Subcontractor of a certificate of execution;
To the limitation of the processing: transmission to the Data Controller by the Subcontractor of a certificate of execution;
To the portability of data: extraction and transmission to the Data Controller by the Subcontractor, in a structured, commonly used and machine-readable format, of the data entrusted to it about the Data Subject;
Not to be the subject of an automated individual decision (including profiling): transmission to the Controller by the Subcontractor of a certificate of compliance.
When the persons concerned request Je Suis En Cours to exercise their rights, Je Suis En Cours must send these requests by any useful written means, in particular by e-mail. Je Suis En Cours undertakes to respond to these requests as soon as possible, and at the most within 10 working days of the Client’s request;
Notification of personal data breaches
Je Suis En Cours will notify the Client, by e-mail, of any personal data breach within a maximum of 48 hours of becoming aware of it.
This notification shall be accompanied by any useful documentation to enable the Customer, if necessary, to notify the competent supervisory authority of the Violation and at least the following information:
- A description of the nature of the Personal Data Breach including, if possible, the categories and approximate number of individuals affected by the Breach and the categories and approximate number of Personal Data records affected;
- A description of the likely consequences of the Personal Data Breach;
- A description of the steps taken or proposed to be taken by I Am Ongoing to address the Personal Data Breach, including, if applicable, steps to mitigate any adverse consequences.
Je Suis En Cours will coordinate its external communication actions with the Client and will refrain from any unilateral and/or spontaneous, public or private communication, in particular to the competent supervisory authority and to the persons concerned, without the Client’s prior consent.
Upon completion of the incident that led to the Data Breach, the subcontractor will present a detailed report to the Customer, including in particular:
- Causes of the Data Breach,
- The breaches of personal data, including the confidentiality and integrity of the data,
- The time frame for Je Suis En Cours to react and intervene
- The measures taken to put an end to the Violation and those aimed at ensuring that this Violation does not recur.
In the event of recurrent incidents and/or given the seriousness of a single incident attributable to Je Suis En Cours resulting in the Violation of personal data in a production environment, the Client will be entitled to proceed with the early termination of the Contract by registered letter with acknowledgement of receipt to the exclusive detriment of Je Suis En Cours without compensation and without prejudice to any damages that may be claimed by the Client;
Help from Je Suis En Cours in the context of the Client’s compliance with its obligations
Je Suis En Cours assists the Customer, if necessary, with regard to the requirements of the supervisory authorities and in particular the CNIL, for the realization of impact analyses relating to data protection and the prior consultation of the supervisory authority provided for by the RGPD ;
Je Suis En Cours agrees to implement the technical and organizational security measures necessary to ensure that the data entrusted to it is not distorted, damaged or communicated to unauthorized persons, as listed in
Je Suis En Cours undertakes to implement technical and organizational security measures at least equivalent to those developed by the CNIL or the ANSSI in the guides listed below or the ISO 270001 standard.
The guides published by the CNIL and the ANSSI are available at the following addresses
In any event, Je Suis En Cours undertakes, in the event of a change in the means of ensuring the security of the data and documents transmitted, to replace them with equivalent or superior means and to inform the Data Controller in good time;
The data entrusted to the Subcontractor by the Data Controller under the Contract shall remain its property. Under no circumstances may the Subcontractor claim a right to this data, nor, directly or indirectly, use, modify or destroy it without express instructions from the Data Controller.
At the end of the Contract, the Subcontractor shall, as soon as possible, spontaneously and at its own expense, justify this at the first request of the Data Controller:
- Return to the Controller the data not in the possession of the latter;
- Destroy the other data.
In any case, the Subcontractor will proceed to destroy all existing copies of the data entrusted to him in his information systems and those of his subsequent Subcontractors and communicate to the Data Controller a certificate of execution, unless Union law or the law of the Member State requires the retention of personal data;
Data Protection Officer
Je Suis En Cours undertakes to communicate to the Customer the name and contact details of its data protection officer if it appoints one in accordance with article 37 of the GDPR.
Register of categories of processing activities
I Am Ongoing declares that it maintains a written record of all categories of processing activities performed on behalf of the Client including:
- The name and contact details of the Client on whose behalf it is acting, of any subcontractors and, if applicable, of the data protection officer;
- The categories of processing carried out on behalf of the Customer;
- Where applicable, transfers of personal data to a third country or to an international organization and, in the case of transfers referred to in the second paragraph of
Article 49(1) of the GDPR, documents attesting to the existence of appropriate safeguards;
- To the extent possible, a general description of technical and organizational security measures, including, inter alia, as appropriate:
- Pseudonymization and encryption of personal data;
- Means to ensure the continued confidentiality, integrity, availability and resilience of processing systems and services;
- Means to restore availability and access to personal data in a timely manner in the event of a physical or technical incident;
- A procedure to regularly test, analyze and evaluate the effectiveness of technical and organizational measures to ensure the security of processing;
The Subcontractor will communicate to the Controller the physical location of its servers via
Article VII, as well as any change in said location. This information applies as
soon as the Processor takes the decision to change the location of the servers, without waiting for their actual move.
Any location of the servers in a country not belonging to the European Union and not recognized by the national authorities as having an adequate level of protection shall be subject to the prior written agreement of the Data Controller. In the event of disagreement, the Data Controller shall be entitled to terminate the Contract under the conditions set out in the Contract.
Any transfer authorized by the Data Controller may only take place after the Parties have signed the European Commission’s standard clauses as defined in the “Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council”, or in a more recent Commission Decision.
In such a case, the Controller will be considered as the Exporter and the Processor as the Importer;
Documentation, verifications and audits
- The Subcontractor shall make available to the Data Controller the documentation necessary to demonstrate compliance with all of its obligations and undertakes to conduct regular audits of all of its information systems, its internal procedures and its premises in order to verify, in particular, compliance with all of the obligations incumbent upon it under this agreement as well as the applicable Regulations and, in particular, to ensure that the security measures provided for in these clauses are properly implemented and cannot be circumvented without this being detected and notified.
- In this respect, the Subcontractor shall communicate annually to the Data Controller the conclusions of the audit report carried out by the Subcontractor or any service provider of its choice who is subject to an obligation of confidentiality in accordance with the conditions set out in this Contract and who is not a competitor of the Data Controller and/or its subcontractors, whose identity shall be communicated to the Data Controller at least ten (10) days prior to the audit.
- In the event that non-compliance is established, the Subcontractor shall take responsibility for the resources required to bring the data into compliance within a reasonable timeframe agreed between the Parties. Upon completion of its compliance, the Subcontractor shall provide the Data Controller with a certificate of completion demonstrating its compliance.
- Failure to comply with the provisions of this article shall entitle the Controller to terminate the Contract to the exclusive detriment of the Subcontractor without notice or compensation and without prejudice to any claim by the Controller for any prejudice to him resulting therefrom.
- The Subcontractor acknowledges that the Control Authority (CNIL) and the Agents of the DGCCRF have the right to carry out checks at the Subcontractor’s premises and at the premises of any subsequent Subcontractor to the same extent and under the same conditions as in the case of checks carried out at the Controller’s premises in accordance with the applicable Regulations.
- The Processor shall inform the Controller, as soon as possible, of the existence of any legislation concerning him or any subsequent Processor that prevents checks from being carried out at his premises or at the premises of any Subcontractor in accordance with the preceding paragraph. In this case, the Data Processor reserves the right to suspend the processing of data and/or to terminate the Contract immediately without charge;
Obligations of the Client as a data controller towards Je Suis En Cours
The Customer is required to fulfill its obligations under the RGPD, in particular with regard to the obligation to inform the persons concerned by the processing operations at the time of the collection of personal data, the keeping of the register of the processing operations implemented, and more generally, the respect of the principles resulting from the RGPD.
The Client also undertakes to:
- Provide Je Suis En Cours with the data referred to in the characteristics of the processing in article 3;
- To document in writing all instructions concerning the processing of data by Je Suis En Cours;
- Ensure, beforehand and during the entire processing, that Je Suis En Cours complies with its obligations under the RGPD;
- Supervise the processing, including carrying out audits and inspections of Je Suis En Cours, under the conditions described above;
These General Terms and Conditions shall come into force as of the date of their signature by the Parties.
Subject to their signature by the Parties, these General Terms and Conditions shall form an integral part of the contractual documents concluded between the Parties from the date of entry into force specified above.
The other contractual clauses and conditions shall not be derogated from in any way. Those which are not modified by the present General Conditions remain unchanged and applicable;
Je Suis En Cours keeps at the Client’s disposal the connection traces to the Data processed by the authorized personnel of the Parties and, if applicable, of the persons concerned, and this for the duration of the contractual relationship. Je Suis En Cours informs the Client of any anomaly that it detects in these connection traces;
Description of the processing of personal data subject of Je Suis En Cours
The nature of the operations carried out on the data in this context is defined below:
- Provision of a service in Saas mode
- Archiving of data
- Realization of statistics
Collection of signatures limited to the context of the attendance of learners
The purpose(s) of the processing are the following
- Electronic document management
- Realization of statistics
- Archiving for evidential purposes
- Generation of attendance certificates for learners and trainers
The personal data processed are defined below:
- Identification data (civil status, address, telephone number, email …): Name, first name (mandatory); civil status, email, telephone, address (optional).
- Signature of learners and trainers
The categories of people concerned are defined below:
For the performance of the service subject to the Contract, the Contractor shall implement the following technical and organizational security measures:
- Means to ensure the continued confidentiality, integrity, availability and resilience of the processing systems and services;
- Means to restore the availability of and access to personal data in a timely manner in the event of a physical or technical incident;
- A procedure to regularly test, analyze and evaluate the effectiveness of technical and organizational measures to ensure the security of processing
Personal data is hosted:
- At Azure Central, in one of the datacenters in Paris.