Terms and Conditions

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PREAMBLE

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are concluded on the one hand by myskillcamp SA, whose registered office is located at 7500 Tournai, Quai des Salines 30 A bte 10 and 11, registered with the ECB under number 0543.703.707, and on the other hand, the customer (hereinafter referred to as the "Customer"). The Customer is defined as the entity signing this contract.

The purpose of this contract is to define the terms and conditions under which the Customer may benefit from the services (hereinafter, the “Services”) to which it subscribes.

These General Terms and Conditions of Sale and the quotation dated and signed by the parties (hereinafter, the "Quotation") are inseparable and constitute the entire contract (hereinafter, the "Contract") concluded between myskillcamp and the Customer (hereinafter, the "Parties").

The Quotation determines the type of service(s) subscribed to in terms of user subscriptions, the licences relating to the rental of content, training and additional services, the Service Level Agreement (hereinafter, "SLA") as well as the prices linked to the user licences.

Unless there are special conditions (hereinafter "Special Conditions"), the GTC shall prevail over all other conditions and previous provisions. Deviations from the GTC can only be made by prior written agreement, which must be reviewed by our legal counsel.

Validation by the Customer of the order implies acceptance of the GTC, which must be read and validated before confirming the order. The signing of the Quotation therefore constitutes acceptance of these GTC without reservation.

The GTC are dated, accessible and printable at any time on the Website at the address https://myskillcamp.com/en/conditions-g%C3%A9n%C3%A9rales-vente. The GTC in force on the Platform at the time of the Customer's order shall prevail over any other version or any other contradictory document.

The Customer shall ensure that all its employees and agents comply with these GTC.

Information concerning the conditions of use of the Platform and updates are provided in the general conditions of use (hereinafter the "T&U") accessible on the https://myskillcamp.com/en/privacy-policy

DEFINITION

"Documentation" means all documentation relating to the Services and the Platform which shall be available online or on request from myskillcamp and which fully, clearly and accurately describes the functions and features of the Services and the Platform, including any subsequent revisions;

"Equipment" has the meaning given to it in Article 5.4;

"Syntec Index" means the index applicable for the indexation of the Contract rates;

"Licence" means the non-exclusive and non-transferable right to use the Platform, for the European territory and in accordance with the Contract;

"Platform" means the myskillcamp.com platform (including its sub-domains and related applications) underlying the SaaS Services;

"Maintenance Services" shall have the following meaning: ad hoc reactive work to keep the Platform running in case of "bugs";

"Support Services" shall have the following meaning: scheduled work necessary to correct non-urgent "bugs" that nevertheless require attention - and to add new functionality;

"Customisation and Training Services and Additional Services" means any other Services provided by myskillcamp and as specified in the Quotation;

"SaaS Services" means myskillcamp's web-based service developed by myskillcamp, owned by myskillcamp, based on the Platform, and hosted by myskillcamp (or its service provider) and made available to the Customer over a network on a temporary basis;

"Authorised Users" means employees, consultants and other individuals authorised by the Customer to use the Services provided by myskillcamp.

  1. OFFER AND QUOTATION

The prices mentioned in the Quotation are those in force at the date of the offer. However, this price may be revised each year, on the anniversary date of the Contract, within the limit of the evolution of the Syntec Index.

Myskillcamp reserves the right to change its prices at any time. Price changes are immediately applicable to all new orders. In the event of a price increase during use, the Customer will be informed by email within thirty (30) calendar days. In this case, the Customer will have a period of ninety (90) calendar days from the date of this information to cancel the affected Services without penalty, by registered letter with acknowledgement of receipt. Failing this, the Customer will be deemed to have accepted the new rates.

All Services are subject to availability and myskillcamp reserves the right to impose quantity limits on any order, to reject all or part of an order and to cease offering certain Services without notice.

The prices in the Quotation are exclusive of VAT. VAT and any other applicable taxes (excluding myskillcamp's income taxes) are added to the price and are payable by the Customer without this being considered as a price change.

2. SERVICES AND SUBSCRIPTION

Subscriptions (hereinafter, “Subscription”) only cover access to the Platform (SaaS Service) and can be combined with Subscription to other services, the purchase of training content via the training catalogue and/or additional services on request and subject to validation by myskillcamp.

In the event that myskillcamp grants the Customer a free trial Subscription, myskillcamp reserves the right to limit the duration of the trial and the number of users. Myskillcamp further reserves the right to terminate it at any time. The trial formula will in any case end when the Customer takes out a Subscription. Any attempt to divert this trial formula for real and/or profitable use of the Platform will lead to the immediate interruption of the Customer's access to the Platform, as long as a Subscription has not been taken out by the Customer. Myskillcamp also reserves the right to claim financial compensation in the event of such use of the Platform, the amount of which will be calculated on the basis of the rates linked to a Subscription equivalent to the use of the Platform made.

2.1 Subscription. Only one Subscription must be taken out by the Customer, regardless of the number of users. Several Subscription formulas to the Platform are offered to the Customer:

"Monthly Subscription", for which payment is made via Stripe, a secure electronic payment system, and the amount of which depends on the formula chosen by the Customer.

The first payment takes place as soon as access to the Platform becomes payable for the Customer and the Customer's account is automatically debited. If during the online payment process, the amount to be paid cannot be debited from the account (insufficient balance, wrong account number, technical problem,...), the Subscription is considered not to have been taken out. In this case, the Customer retains, if necessary, limited access to the Platform, and several automatic payment reminders are made. In the event of repeated unsuccessful payment attempts, myskillcamp reserves the right to terminate any limited access granted to the Customer.

After payment, a confirmation is automatically sent by e-mail to the Customer with the details of the Subscription.

The Subscription amount is then debited automatically on a monthly basis on the anniversary date of the Subscription.

"Customised Subscription", the payment of which is made by bank transfer and the duration of which is to be agreed with myskillcamp. In this case, an invoice is sent to the Customer which must be paid within thirty (30) days of the invoice date.

In the event of non-payment of all or part of an amount due on the due date and after formal notice, myskillcamp reserves the right to increase the said amount with interest, in accordance with the legislation in force, without prejudice to its right to pursue reasonable compensation for any recovery costs incurred as a result of the delay in payment. In addition to this contractual interest, the Customer shall automatically owe, without notice of default, a fixed and irreducible compensation of 10 (ten) % payable on the outstanding amount, with a minimum of fifty (50) euros, and this without prejudice to the default interest mentioned in these GTC or any other potential costs or legal fees. In the event of non-payment on the due date of a single invoice, the balance of all other invoices due, even if not yet due, is immediately due and payable by law.

2.2 Services. As specified in the GTC, the Customer may subscribe to optional/additional Services of myskillcamp.

Access to the Platform does not entitle the Customer to automatic access to the services. In order to access the services, the Parties enter into additional agreements by means of the Quotation, under which additional fees are payable.

It is also specified that the Platform is not initially equipped with content. In this context, the Customer may subscribe to content curated by myskillcamp or its partners via the training catalogue.

By signing the Quotation, the Customer declares that he has read the Partner's General Terms and Conditions of Sale - of which it has chosen the content - and accepts them in full.

Myskillcamp will issue an invoice for any fee payments to be made by the Customer in relation to the services. The invoicing and payment terms applicable to "custom Subscription" formulas apply in relation to the services.

2.3 Clauses common to Subscriptions and Services. Myskillcamp, without waiving any other rights or remedies and without liability to the Customer, may suspend or terminate all or part of the Platform and/or services and refuse further orders for the Platform and/or Services until all outstanding amounts have been paid in full.

Any invoice dispute must be sent by registered letter to myskillcamp within one (1) month after the invoice is issued. Failing this, and without prejudice to the Customer's right to dispute the invoice at a later date, the Customer shall be obliged to pay any unpaid invoices in accordance with the terms of the Contract. In the event of a dispute arising between the Parties, regardless of the source of the dispute and notwithstanding its existence, the invoices that are not contested at the time the dispute arises must be paid. There shall be no compensation between any damages claimed by the Customer and the undisputed invoices. In the event of failure to pay, myskillcamp shall be entitled to settle the said invoices within the limits of the applicable statute of limitations.

The offer of a payment option on the Internet does not under any circumstances imply any guarantee on the part of myskillcamp that this system is infallible, without disruptions, interruptions or errors. Myskillcamp cannot be held liable for any direct or indirect damage incurred during the execution of a payment on the Internet.

The Customer undertakes to provide myskillcamp with complete bank details and to keep this information up to date in order to avoid any payment incident.

Non-payment of any due date will result in the immediate suspension of the provision of access to the Platform and/or the services. Myskillcamp shall be entitled to demand automatic termination of this Contract at the Customer's sole risk.

3. WARRANTY

Myskillcamp will use reasonable efforts in accordance with applicable industry standards to service and maintain the Services in a manner that minimizes errors and interruptions to the Services and agrees to provide the Services in a professional, workmanlike manner. The Services may be temporarily unavailable for maintenance in accordance with Article 4.

Myskillcamp does not warrant that the Services will be uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from the use of the Services. Unless otherwise stated, the Services are provided "as is" and myskillcamp disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement.

4. MAINTENANCE

Only the maintenance services explicitly described are included in the Contract. Any other services shall be provided under a separate order to be signed between the Parties.

The Customer agrees to provide myskillcamp with the necessary access to enable it to provide the Maintenance Services. Maintenance Services (hereinafter the "Maintenance Services") include bug fixes ("bugs") and any other fixes, modifications, updates and new versions of the Software, which myskillcamp deems necessary, at any time, to ensure that: the functionality of the Services, as described in the documentation, is available to Authorised Users; the functionality of the Services is in accordance with the Agreement; and the Services work with the current version of the Chrome, Safari, Edge internet browser - some functionality may be limited by the capabilities of certain browsers.

Myskillcamp will inform the Customer, on a case-by-case basis, and within a reasonable period of time, of the Maintenance Services it has planned to perform. Myskillcamp shall however have the right to implement Maintenance Services immediately without prior notice to the Customer as long as they do not prevent any access to the Services for the Customer. Myskillcamp shall provide a summary of the Maintenance Services performed after the implementation. The Customer shall notify myskillcamp as soon as possible of any problems that he/she notices. The Customer shall provide myskillcamp with all the information requested and shall take all measures recommended by myskillcamp to enable myskillcamp to identify the causes of the problem.

Myskillcamp also has the right to develop the Platform at its own discretion, provided that the developments made ensure the functional continuity of the previous version and do not degrade its performance. In the event of a major change in functionality, Myskillcamp will provide the Customer with the corresponding documentation.

5.CUSTOMERS OBLIGATIONS

5.1. Collaboration with myskillcamp. The Customer agrees to cooperate closely with myskillcamp in the execution of the Agreement and shall appoint a person who is responsible for communication with myskillcamp. The contact details of this person shall be communicated to myskillcamp when the Contract is completed

5.2. Payment. The Customer shall ensure payment to myskillcamp of the fee as set out in the Quotation.

5.3. Services use. The Customer may only use the Services in accordance with its needs and the Documentation. Unless otherwise agreed between the Parties, and without prejudice to the access of Authorised Users as stipulated in the Contract, the Customer may not make the Services available to a third party, and is strictly forbidden to use them for purposes other than those described in the contractual documents binding the Parties, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.

The Customer warrants that it will use the Services only in accordance with the standards imposed by myskillcamp, the purpose as set forth in the Agreement, and all applicable laws and regulations. The Customer agrees to indemnify myskillcamp against all damages, losses, liabilities, settlements and expenses (including, without limitation, attorneys' fees and expenses) arising out of any claim or action arising out of an alleged breach of the foregoing or otherwise in connection with the Customer's use of the Services.

5.4. Equipment and ancillary services. Customer shall be responsible for obtaining and maintaining the Equipment and ancillary services necessary to connect to, access or use the Services, including, without limitation, modems, computers, hardware, servers, software, operating systems, networks, web servers and the like (collectively, the "Equipment"). Customer is responsible for maintaining and securing the Equipment, the Customer account, passwords (including, but not limited to, administrative and User passwords), files and any and all uses of the Customer account or the Equipment, with or without Customer's knowledge or consent.

6.MYSKILLCAMP OBLIGATIONS

6.1. Services compliance. Myskillcamp undertakes to provide the Services and to perform them in accordance with the professional standards applicable in the IT industry in terms of competence and quality and to operate in accordance with the applicable methods and methodologies, using the most up-to-date tools and solutions.

6.2. Regulation compliance. Myskillcamp undertakes to provide the Services and to perform them in accordance with the professional standards applicable in the IT industry in terms of competence and quality and to operate in accordance with the applicable methods and methodologies, using the most up-to-date tools and solutions.

6.3. Staff. Myskillcamp shall ensure that it assigns personnel with the most suitable profile, technical and organisational knowledge. Myskillcamp shall also ensure that the dedicated personnel involved in the execution of the Contract are bound by confidentiality agreements.

6.4. Technical support. Myskillcamp undertakes to provide Support Services. Support Services are provided via the ticketing system of the Platform from Monday to Friday, excluding public holidays, from 9:00 am to 5:00 pm (GMT+1) ("Support Hours").

7. DURATION

The GTC come into force on the day the order is placed and are concluded for the duration of which is stipulated when the order is placed). On expiry, the Contract shall be tacitly renewed for successive periods of the same duration unless the Customer requests an interruption in writing at least three (3) months before expiry.

8. TERMINATION

8.1 Termination for convenience. Each Party may terminate the Contract at any time, by sending a registered letter with acknowledgement of receipt to the other Party no later than three (3) months before the expiry date of the initial period or its successive renewals. In the particular case where the duration stipulated when the order is placed is set at one (1) month ("monthly Subscription"), the notice period will be reduced to three (3) working days.

8.2 Termination for serious misconduct. Each of the Parties has the right to terminate this Contract at any time, in whole or in part, without notice or compensation, by sending a written notice to the other Party (the "Defaulting Party"), on the date following the date of sending of the notice, in the event of a serious breach by the Defaulting Party of one of its obligations under the Contract, provided that this Party has failed to remedy this breach within thirty (30) calendar days following the date of its formal notice by registered letter.

By way of example, and not as an exhaustive list, the following will be qualified as serious misconduct: total or partial non-payment of a Subscription due date, or of an invoice, by the Customer; malicious, illicit or fraudulent use of the services or use made in violation of the rights of a third party; failure by the Customer or myskillcamp to comply with the T&U and/or the Contract and/or any other document binding the Parties.

Termination for serious misconduct is without prejudice to any damages that may be claimed from the defaulting Party.

8.3 Express resolutive clauses The Contract may be terminated by one of the Parties with immediate effect and by operation of law by giving written notice to the other Party in the following cases: if the other Party is declared bankrupt or is admitted to a judicial reorganisation procedure, or becomes insolvent or makes a transfer in favour of creditors or a general arrangement with creditors or in the event of an irremediable bad state of the other Party's affairs; if the other Party ceases its activities or adopts a resolution for dissolution or liquidation.

8.4 Consequences of termination. The early termination of the Contract, for any reason whatsoever, automatically entails the right for myskillcamp to also terminate, with immediate effect, any other contract that binds the Parties at the time of termination without charge or compensation on its part and without prejudice to the right of myskillcamp to claim any damages.

Within forty-eight (48) hours following the date of non-renewal of the Contract or its effective termination, whatever the cause, the Customer will no longer have access to the Platform in any form whatsoever. Without prejudice to any stricter rules that may apply with regard to the protection of personal data, data relating to the Customer will be kept for ninety (90) days before being definitively deleted.

9. SUBCONTRACTING

In connection with the provision of access to the Platform and Services to the Customer, myskillcamp has the right to enter into agreements with subcontractors without the prior consent of the Customer. The use of subcontractors will in no way reduce myskillcamp's liability to the Customer under the Contract and myskillcamp will remain liable to the Customer for the proper performance of the Contract.

10. SUSPENSION OF OBLIGATIONS

In the event that the Customer does not comply with its obligations under the GTC and/or T&U and/or any other agreement, myskillcamp is entitled to suspend its obligations without this constituting a cancellation of the Contract. Once the Customer has fulfilled its obligations, myskillcamp will be free to continue the performance of its contractual obligations without prejudice to any changes in price and conditions induced by such suspension.

Furthermore, in the event that the defects referred to in the previous paragraph persist in whole or in part for a period of fifteen (15) days after notification, myskillcamp shall be deemed to be legally released from any obligation whatsoever, to the detriment of the Customer and may declare the contractual relationship terminated, without prejudice to myskillcamp's right to pursue full compensation.

11. FORCE MAJEURE

In the event of force majeure, the Parties may suspend the performance of the Contract during the period that the case of force majeure persists, or terminate the Contract if the case of force majeure persists for more than ninety (90) days, without compensation after a period of one (1) month following the sending of a registered letter with acknowledgement of receipt notifying its decision.

Each Party must inform the other Party in writing of the circumstances of the case of force majeure as soon as it becomes aware of them and does its best to remedy them.

In the context of the present Contract, the term "force majeure" shall be deemed to have the meaning generally given to it by the case law of the Belgian courts.

In particular, the Parties admit among themselves, without this list being exhaustive, that either force majeure or the fact of a third party is the cause or origin of the damage: an interruption in the supply of energy (such as electricity) outside the control of the affected Party; a failure of the networks outside the control of the affected Party; a civil or foreign war; a partial or total strike; a lock-out; exceptional weather conditions (storms, floods, earthquakes); epidemics; a loss of Internet connectivity due to the public and private operators on which myskillcamp depends; a loss of the License of the applications made available, provided that the loss is not attributable to the fault of myskillcamp.

12. CONFIDENTIAL INFORMATION

Both Parties agree to consider and maintain the confidentiality of all available and non-public information related to the business and activities of both Parties, their members, their suppliers/subcontractors, or any other entities with which the Parties have business relations or with which they are associated, and which may be obtained by the Parties from any source or developed within the framework of the Contract.

The Parties agree to hold such information in confidence and discretion and not to disclose such information to any individual, company or firm, or to use (directly or indirectly) such information for their own benefit (other than in connection with the Contract) or for the benefit of any third Party, unless authorised in writing by the other Party. Information is not confidential to the extent that (i) it is in the public domain through no fault of the Party receiving the information; (ii) it was generated by the Party receiving the information independently of its will, (iii) it must be disclosed in accordance with the law or a valid order of a competent authority or court, and/or (iv) it may be disclosed by the Party receiving the information pursuant to a prior contract.

The obligations contained in this provision shall continue to apply notwithstanding the termination or expiry of the Contract between the Parties.

Upon termination of the contractual relationship, the Parties shall hand over to each other all copies and documents exchanged and considered confidential by the Parties.

13. DATA PROTECTION

Information concerning the collection and processing of personal data is governed by a data processing agreement.

14. INTELLECTUAL PROPERTY

14.1. Content. The Customer is solely responsible for and guarantees myskillcamp for the information content that he transmits to it or that he uploads to the Platform. The Customer undertakes to comply with all rules and regulations that may prevent, limit or regulate the distribution of information. The content uploaded by the Customer is his exclusive responsibility. Myskillcamp shall in no way be held liable for any obligation concerning the content uploaded by the Customer to the Platform. The Customer guarantees myskillcamp that the rights he/she has over the content do not infringe the intellectual property rights of third parties. The Customer thus undertakes to hold myskillcamp harmless against any action of any kind by third parties claiming to have rights to the content produced by means of the Platform, or alleging an infringement of their image rights.

The intellectual property rights relating to the content uploaded by the Customer shall remain the Customer's property. The content uploaded by the Customer to the Platform shall remain the Customer's full and complete property, including intellectual property rights, with the exception of the following Licence

The Customer grants myskillcamp an irrevocable, transferable, worldwide, royalty-free license to use the content for the entire legal term of protection, without this granting the Customer any right to remuneration or benefit of any kind on the content for the sole purpose of the proper performance of the services related to the Platform. This Licence covers in particular all rights of reproduction, representation, communication to the public and broadcasting. Myskillcamp specifies that it will not use the content for advertising purposes under any circumstances. This Licence will end automatically on the expiry or termination of the Contract.

14.2 Software. Myskillcamp grants the Customer a Licence to use the Platform and the content it contains which do not originate from the Customer. The Licences granted by the Contract only authorise the non-exclusive, internal, non-transferable and personal use by the Customer of the Platform's functionalities. Apart from this right of use, they do not grant the Customer any property or other rights.

Myskillcamp guarantees that the Platform, the Licenses granted by the Agreement, as well as the associated Documentation or any Service provided by myskillcamp under the Agreement, do not infringe the intellectual property rights of third parties.

Myskillcamp also retains ownership of all standard or specific developments it makes and may freely re-use any ideas, concepts, methods, know-how, or techniques relating to programming or data processing discovered or developed in the course of performing any Service, even if the Service was ordered and paid for by the Customer.

The Customer shall not use the specifications of the licensed applications to create or allow the creation of an application with the same purpose. Thus, the Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relating to the Services or the Platform, the Documentation or the data belonging to myskillcamp.

The Customer agrees not to modify, translate or create derivative works based on the Services or the Platform (except to the extent expressly permitted by myskillcamp or in the Agreement).

In any event, myskillcamp shall remain the owner of its tools, methods and know-how developed previously or in the course of its services for and/or at the Customer's.

15. LIABILITY

UNLESS OTHERWISE AGREED, AND EXCEPT FOR PERSONAL INJURY, MYSKILLCAMP AND DIRECTORS, AFFILIATES, PARTNERS, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE LIABLE IN ANY WAY FOR ANY BREACH OF THE SAAS AGREEMENT OR THE GTC THEREOF, NEGLIGENCE, OR ANY OTHER FORM OF LIABILITY, INCLUDING BUT NOT LIMITED TO : FOR ANY ERROR, INTERRUPTION OF USE, LOSS, INACCURACY, ALTERATION OF DATA, OR COSTS OF ACQUIRING THE EQUIPMENT OR ANY GOODS, SERVICES, TECHNOLOGY OR LOSS OF PROFITS; FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; FOR ANY ASPECT OF THE SERVICES WHICH IS BEYOND THE REASONABLE CONTROL OF MYSKILLCAMP, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO THE INTERNET, NETWORK PROBLEMS, VIRUSES OR MALICIOUS CODE.

TO THE EXTENT PERMITTED BY LAW, MYSKILLCAMP'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT SHALL NOT EXCEED THE PRICE PAID BY THE CUSTOMER DURING THE LAST TWELVE (12) MONTHS PRIOR TO THE HARMFUL ACT. IN NO EVENT SHALL MYSKILLCAMP BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF FILES, BUSINESS INTERRUPTION, LOSS OF PROFITS, DAMAGE TO IMAGE AND REPUTATION.

THE ABOVE LIMITATIONS OF LIABILITY SHALL NOT APPLY, HOWEVER, IF SUCH DAMAGE IS THE DIRECT RESULT OF FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON THE PART OF MYSKILLCAMP IN THE PERFORMANCE OF THE CONTRACT, OR IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR ANY OTHER LIABILITY INSOFAR AS IT CANNOT BE EXCLUDED OR LIMITED BY AGREEMENT.

AS THE CUSTOMER'S USERNAME AND PASSWORD ARE STRICTLY PERSONAL AND CONFIDENTIAL, THE CUSTOMER UNDERTAKES NOT TO DISCLOSE THEM AND TO TAKE ALL NECESSARY MEASURES TO PRESERVE THIS CONFIDENTIALITY SO THAT THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY ACTIVITY ON THE SOLUTION AS PART OF HIS SUBSCRIPTION.

FINALLY, MYSKILLCAMP CANNOT BE HELD RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ITS PARTNERS

16. PROMOTION

In order to promote its Services on its Website and/or on any other commercial documentation, myskillcamp may use the Customer's references. Myskillcamp is thus authorized to mention the Customer's name as well as an objective description of the nature of the services provided, subject of the contract, in its lists of references and proposals to the attention of its prospects and customers, in particular on the Website, in interviews with third parties, in communications to its staff, in internal management planning documents, as well as in the event of legal, regulatory or accounting provisions requiring it.

The Customer who does not wish to be quoted shall inform myskillcamp in writing.

17.CONTACT

Any questions, complaints and/or remarks can be addressed to myskillcamp via the form on the Website: https://myskillcamp.com/fr/con... in which case myskillcamp undertakes to provide a response within ten (10) calendar days.

18. SEPARABILITY

Should a provision or part of a provision of these GTC be deemed null and void or unenforceable, this shall not invalidate or unenforceable the remaining GTC, the null and void or unenforceable provision being replaced by another provision whose effects are as close as possible to that provision. In this case, the Parties undertake, at the first request of one of them, to replace the disputed clause with a clause having equivalent economic effects, whose validity or opposition will no longer be called into question and/or to complete the Contract in accordance with its spirit.

19. MODIFICATION

The Customer is informed that myskillcamp reserves the right to modify its offers and these GTC at any time on the Website. Changes to the GTC shall be binding on and applicable to Customers from the time they are posted online and/or 30 days after the Customer is notified of the change in writing or on another durable medium available to the Customer.

20. JURISDICTION AND APPLICABLE LAW

20.1 The Contract including these GTC shall be governed by Belgian law.

The Customer and myskillcamp will attempt to resolve any dispute by negotiation or by using a mediator agreed by the Parties, rather than by litigation. Negotiations and mediations will be treated as confidential. If the Parties are unable to reach an amicable solution, the dispute will be submitted to the exclusive jurisdiction of the courts of Hainaut, Tournai division (Belgium).

Annex Personal data protection

As part of its activities, Myskillcamp processes personal data of the Customer's employees and/or any other end-user of the Platform and this in accordance with the General Data Protection Regulation (GDPR) 2016/679 of 27 April 2016.

The information collected by myskillcamp is necessary to ensure the provision and delivery of myskillcamp services and in particular in the context of the use of the Platform.

With regard to the GDPR, myskillcamp shall act as a processor and the Customer as a data controller.

Unless otherwise instructed by the controller, the following clauses shall apply:

Myskillcamp’s obligations

Compliance with the Customer's instructions. Myskillcamp shall only process personal data on behalf of the Customer in accordance with the Customer's written instructions, unless myskillcamp is required to do so under any law of the EU or of an EU Member State to which it is subject. In such a case, myskillcamp shall inform the Customer of this requirement in writing before it processes the personal data, unless prohibited by applicable law on important public interest grounds.

Data access and staff training. Access to personal data is strictly limited to authorised persons. Myskillcamp ensures that these persons are subject to a duty of confidentiality and have received the necessary training to comply with data protection requirements.

Record of processing. Myskillcamp undertakes to maintain a record of processing activities and to keep documentation of the categories of processing activities carried out and the personal data processed on behalf of the Customer under this Agreement, in accordance with the data protection legislation.

Request from data subjects. Myskillcamp shall inform the Customer of any requests from data subjects to exercise their rights under the GDPR, shall forward the request to the Customer and shall assist the Customer to the fullest extent possible in responding to such request. However, myskillcamp shall only provide such cooperation and assistance at the request of the Customer and only to the extent that the Customer cannot fulfil its obligations under the applicable data protection law without the cooperation and assistance of myskillcamp.

Customer Assistance. Myskillcamp shall provide all necessary information and assistance, to the extent possible, to the Customer in order to ensure compliance with all applicable provisions of the Data Protection legislation, including, the provision of information necessary for the Customer to conduct a data protection impact assessment, assistance in prior consultations with the data protection authority or supervisory authorities requested by the Customer. Such assistance shall be provided within a timeframe reasonably specified by the Customer. Myskillcamp shall provide such information and assistance only to the extent that the Customer cannot fulfil its obligations under the applicable data protection law without the information and assistance of myskillcamp.

Customer’s obligations

Information to Data Subjects: The Customer warrants that it has in place a privacy policy, work regulations or other document dealing with this issue, which is compliant with the GDPR, in order to provide the data subjects with the information referred to in Articles 13 and 14 of the GDPR, and that the data subjects have been made aware of it.

If the Customer undertakes to provide personal data to myskillcamp or the Platform in such a way that the Data Subject(s) does not have access to myskillcamp's privacy policy, or if for any other reason within the Customer's control the Data Subject(s) is/are not made aware of the existence of myskillcamp's privacy policy, the Customer undertakes to make myskillcamp's privacy policy available to the Data Subject(s) and/or to communicate its content to them in any other way.

Compliance with applicable law. The Customer guarantees that it has complied, and will continue to comply, with all applicable data protection laws with respect to its processing of Customer Data and any processing instructions it gives to myskillcamp

Responsibility for the legality of processing. The Customer is responsible for the lawfulness of any transfer of personal data to myskillcamp, for the lawfulness of its data processing, and for the definition of the purposes of the processing of personal data. In particular, if the Customer communicates personal data to myskillcamp directly or via the Platform, the Customer guarantees that this communication is lawful.

Retention and deletion of personal data

Myskillcamp shall retain the personal data collected upon instruction of the Customer. Otherwise, the data will be kept by myskillcamp as long as the end user is active. The end user is considered to be no longer active twelve (12) months after closing his account.

The Customer may send a written request to myskillcamp to delete the personal data completely and permanently before the expiration of the initial retention period within ten (10) working days after the Customer receives the request from a data subject. The Customer confirms and acknowledges that if the Customer requests myskillcamp to delete personal data or restrict the processing thereof, this may make it impossible to provide the products or services provided or contracted. Myskillcamp shall warn the Customer of such consequences before executing such a request.

Furthermore, myskillcamp may waive the deletion of data as provided for in this clause insofar as this is necessary to prove the fulfilment of its obligations to the Customer, or in the event of a legal obligation, a court order or a binding decision of an authority or a court of law. If myskillcamp needs to retain personal data for such reasons, the processing of such data shall be limited by myskillcamp until the expiry of the applicable retention period. The Customer acknowledges and accepts that certain requests may result in additional remuneration requests for myskillcamp. Myskillcamp will inform the Customer accordingly before executing the request.

At the end of the contract or upon its termination and at the Customer's request, myskillcamp shall transfer to the Customer all personal data processed on his behalf before deleting them, within the limits of the provisions of Article 6 on data retention.

Where technically possible, this transfer is made in a format compatible with other similar tools. Alternatively, this transfer shall be made in a format that is easily readable by the Customer.

Security measures

Technical and organisational measures. Myskillcamp shall implement appropriate technical and organisational security measures to protect personal data against accidental or unlawful destruction, loss or alteration, as well as against disclosure, improper processing or any other processing not in accordance with data protection legislation. At the Customer's request, myskillcamp shall provide within a reasonable period of time (where necessary to ensure the Customer's compliance with the Data Protection Legislation) from the Customer's request, the information and documentation necessary for the Customer to demonstrate its compliance with the provisions contained in the Data Protection Legislation.

Data breach

Where myskillcamp becomes aware of a security incident that may affect the protection of personal data, it will inform the Customer of this incident to the extent permitted by law. In this case, myskillcamp will also provide all relevant information about the incident so that the Customer can assess the consequences and the legal or regulatory requirements that may apply.

This notification shall include at least : (a) a description of the nature of the security breach, including, if possible, information that assists the Customer in determining the categories and approximate number of individuals affected and the categories and approximate number of personal data records affected; (b) information available to myskillcamp that assists the Customer in determining the likely consequences of the security breach; and (c) a description of the measures taken or proposed to be taken by myskillcamp to remedy the security breach, including, where appropriate, measures to mitigate any adverse effects.

Subcontracting

Myskillcamp is entitled to hire any subsequent processor and will inform the Customer of any planned changes regarding the addition or replacement of other subsequent processors. Notwithstanding the foregoing, the Customer may at any time request myskillcamp to provide a list of processors.

Myskillcamp shall ensure that its subsequent Processors are bound by the same obligations (including providing sufficient guarantees to implement appropriate technical and organisational measures) with respect to the Personal Data to which myskillcamp is bound by this Agreement.

Audits

The Customer shall be entitled to audit myskillcamp's compliance with this Agreement at its own expense, provided that it informs myskillcamp in writing at least thirty (30) working days in advance. The Customer shall also be liable for reasonable compensation for the efforts made by myskillcamp.

This audit shall be carried out by the Customer or an inspection authority consisting of independent persons with the required professional qualifications, bound by a duty of confidentiality, chosen by the Customer. On this occasion and prior to the audit, myskillcamp may ask the Customer to sign a confidentiality agreement.

Staff data

During the performance of the Contract, the Parties will exchange personal data such as identification data and the contact details of their respective representatives. Within the framework of this processing, each of the Parties is an autonomous and independent data controller. Each Party carries out its own processing in accordance with the applicable law.

Legal basis. The legal basis for this processing is the proper performance of the Contract or the execution of pre-contractual measures.

Personal data may also be processed by myskillcamp for direct marketing purposes (commercial actions, personalised advertising, etc.), with a view to improving its knowledge of the Customer, informing the latter about its activities, products and services and sending him commercial offers. In the latter case, the legal basis for the processing will be the legitimate interest.

Storage of data. The data will be kept for the duration of the Contract for the proper performance of the contractual relationship or the execution of pre-contractual measures, extended by the legal retention period or the limitation period so as to be able to deal with any requests or appeals that may be made after the end of the contractual relationship or after the termination of the contractual relationship.

Rights of data subjects. In any case, data subjects may exercise their rights of access, rectification, deletion, opposition, restriction and portability by contacting the relevant data controller. Furthermore, in case of violation of the right to personal data protection, they will be able to file a complaint with the Data Protection Authority.

International data processing

Myskillcamp is allowed to carry out data processing outside the European Economic Area. Where such processing of data takes place, it will only take place to the extent that such processing complies with the rules applicable to cross-border processing and that data subjects are afforded protection recognised as equivalent by the European Commission.

Data processing

Purposes of processing

Myskillcamp processes personal data solely in the context of providing its services, and in particular in the context of using its Platform, for the following purposes:

1. Access to the Platform services and associated management: registration, authentication, password management, user profile management;

2. Access to training content: access to camps and training courses (i.e. invitations, registrations, publications, catalogues, etc.);

3. Dissemination of training content and progress monitoring: interactive reading of a training course, personal activity history, coaching by the training team;

4. Certificates and attestations: issue of certificates or attestations when the author of the training course so provides;

5. Learner evaluation of the training courses attended;

6. Company reporting: detailed and summary history of training, for the Client to meet legal requirements or for internal reporting purposes;

7. Notification and communication within the Platform: news feeds, discussions associated with training and activities, private discussion;

8. Customisation of the training area: management of parameters influencing the behaviour or presentation of the training area;

9. Payment and invoicing (operation limited to the Client's contact person).

10. Support & maintenance

11. Conducting satisfaction surveys to improve our services.

Categories of data subjects

The data subjects of the processing of personal data are the Customer's employees and/or any other end user of the Platform.

Categories of personal data processed

The categories of personal data that may be collected when visiting the Platform, registering on the Platform, subscribing to myskillcamp's services or communicating with myskillcamp are the following:

Names, first names, email, log in ID, languages, profile picture, phone, biography, CV, address or any information that the user decides to put on the Platform (in his/her profile, a comment).

In addition, the following data may be collected:

· Information communicated for the purposes of carrying out maintenance and online assistance operations;

· Information relating to the User's hardware and use of the Platform, such as IP addresses, geographical location, type of devices used, unique device ID, type of operating system and version, duration and date of visit, type of network connection and provider, network performance of the device, type of browser, mobile terminal sensor data (accelerometer or gyroscope), selected language, information activating digital rights management,. ... whose processing is necessary to provide certain functionalities of the Platform and to use certain cookies, it being understood that the use of cookies and internet tags by myskillcamp is specified in the Cookie Policy, which the User is invited to consult.

The Customer has the possibility, in the context of using the services, to

- request personal data other than those listed above (profile photo, telephone number, biography, etc.), or

- consider as essential personal data that myskillcamp considers optional.

Myskillcamp does not collect sensitive data.