You are free to visit our Site and learn about our products and services without having to provide us with any personal information. However, an order on our Site or your subscription to our newsletter will give rise to the processing of personal data.
If you choose to provide us with personal information, we will process your data in accordance with the legal provisions applicable in Belgium, namely the law of 30 July 2018 on the protection of individuals with regard to the processing of personal data as well as the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016).
SA MYSKILLCAMP - Director of publication: Kevin Tillier
Head office: 30 A Quai des Salines - Box 10 & 11 - 7500 Tournai - Belgium
SIRET/Company number: 83250586100019 - VAT number: BE0543703707
The processing of personal data relating to this Site is subject to Belgian law (the law of 30 July 2018 on the protection of individuals with regard to the processing of personal data).
In accordance with the Law, users have a right of access to information concerning them and a right of correction. Any request in this respect may be sent by e-mail to firstname.lastname@example.org
Any use of the data on this Site is at the user's own risk. No guarantee is provided by SA MYSKILLCAMP as to the exhaustive nature of the information available on the Site, particularly in that the content may come from third parties.
SA MYSKILLCAMP cannot be held responsible for any damage that could result from the use of this Site, of a hyperlink or of the content that is included in it and over which it has no control and cannot engage its responsibility.
The texts, layouts, illustrations and other elements of the Site are protected by copyright or, in the case of databases, by a specific right. The translation, adaptation, modification, distribution of all or part of this Site in any form whatsoever is subject to the prior agreement of SA MYSKILLCAMP and possibly third parties, holders of rights.
The use of this Site is subject to compliance with the general terms and conditions available at any time in the dedicated tab. By accessing this Site, you declare that you have read and accepted, without the slightest reservation, these general conditions of use. Any unauthorised use is liable to prosecution.
This Site is hosted by Microsoft.
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").
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
"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.
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.
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.
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.
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.
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.
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.
5.1. 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.
6.1. 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").
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.
8.1 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.
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.
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.
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.
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.
Information concerning the collection and processing of personal data is governed by a data processing agreement.
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.
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
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.
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.
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.
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.
20.1 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:
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.
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.
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.
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.
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.
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.
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.
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;
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.
Any questions about the handling of personal data can be addressed by email to email@example.com .
2. What personal data do we process?
Personal data is defined by the by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
In this section we have set out: the general categories of personal data that we may process, the purposes for which we may process personal data, and the legal bases of the processing. Depending upon your use of our website, we may collect some or all the following personal data:
We may process data about your use of our website ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website. However, where we collect usage data through non-essential cookies, we may request your consent. For more information, please check our cookies policy.
We may process information contained in any enquiry you submit to us regarding our company and/or our services ("enquiry data"). The enquiry data may be processed for the purposes of scheduling a demo, offering, marketing and selling relevant services to you. The legal basis for this processing is our legitimate interest.
We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is your consent. You can withdraw your consent at any time via “unsubscribe link”.
We may process your information like your contact details, your CV and your cover letter ("job application data"). For more information, please check the candidate privacy notice.
3. What are my rights
Under the GDPR, you have the following rights, which we will always work to uphold:
The above rights can be exercised, in accordance with the legal conditions, by writing to myskillcamp at the following email address: firstname.lastname@example.org .
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first.
4. Transmission of personal data
4.1. Use of processor(s)
We are free to rely on data processor. A processor is the natural or legal person who processes your personal data upon request and on behalf of us, the controller. The processor is required to ensure the security and confidentiality of the personal data. The processor will always act on our instructions. We may rely on processors for hosting purposes, administrative purposes, marketing purposes, analytic purposes and communication purposes.
4.2. Transfer of personal data to third parties
In addition to the specific disclosures of personal data set out in this section. We may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
a) Google: When you give consent on our website, cookies and data might be sent to Google for analytics and personalization purposes. We recommend you consult Google’s Privacy & Terms site for more information.
5. International transfer of data
We will store or transfer your personal data within the European Economic Area (the "EEA"). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the Data Protection Legislation, GDPR, and/or to equivalent standards by law.
We may store or transfer some of your personal data in countries that are not part of the EEA. These are known as "third countries" and may not have data protection laws that are as strong as those in Belgium and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within Belgium and under the Data Protection Legislation as follows:
a) We transfer your personal data to third countries whose levels of data protection are deemed 'adequate' by the European Commission. More information is available from the European Commission.
b) We use specific contracts with external third parties that are approved by the European Commission for the transfer of personal data to third countries. These contracts require the same levels of personal data protection that would apply under the Data Protection Legislation.
6. Duration of data retention
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept until you delete your account or as long as required by mandatory law. Your data personal data will therefore be kept for the following periods:
Type of Data
How long we keep it
Please check our cookies policy for the detailed retention periods
This section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7. Third party websites
Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties.
The myskillcamp.com platform, its subdomains, and related applications (hereinafter the "Platform") is administered by and is the property of myskillcamp, a public limited company under Belgian law whose head office is located at Quai des salines 30A (box 10 / 11), at 7500 Tournai, Belgium, and registered with the Banque-Carrefour des Entreprises under the number 0543.703.707 (hereinafter "myskillcamp").
Information concerning the terms of sale and subscription is provided in the general conditions of sale (hereinafter the "GTC").
myskillcamp reserves the right to modify, adapt, improve and / or update the Platform as well as these general conditions of use (hereinafter "T &Us"), at any time, in order to comply with legal obligations or to improve the Platform. Any modified version of these T & Us will be applicable from the day of its publication. myskillcamp will warn Users. However myskillcamp also recommends that the User consult them regularly. The use of the Platform constitutes recognition of the existence of the modified CGU, their binding effect and the obligation to comply with it.
2.1 General overview of the platform's operation
The myskillcamp system is based on an all-in-one platform which aims to centralize information in order to offer customers (hereinafter “Customers”) the implementation of a learning experience in business for their learners (hereinafter "Learners") which is participative, unified, modern and scalable. The Platform allows you to create, animate, and manage all internal and external training actions (face-to-face, blended-learning, e-learning ...) from one place. Customers and Learners are hereinafter collectively referred to as “Users”.
The Platform was initially not provided with content. The sources of the content are:
The content is then included in the Customer's catalog, and the Customer decides on the training that he wishes to make accessible to Learners. The Customer can decide either to give Learners access to one or more specific content, or to provide Learners with an open training catalog. Certain technical limitations may exist regarding third-party content.
Access to the Platform does not authorize the Client to automatically access the Services. In order to have access to the Services, the Parties conclude additional agreements (i.e. Service Contracts), under which additional costs are due. myskillcamp may provide Services to you in accordance with one or more Service Agreements. Each Service Contract will be interpreted separately from any other Service Contract.
2.2 Account creation by the Client
Once this Training Space has been created, the Client has access to the following functionalities:
2.3 Creation and management of training and Learners by the Customer
The Customer is invited to create personalized training spaces (hereinafter "Camps"). Camps allow the Customer to segment Learners and training activities. Within the Camps, the Customer can assign specific roles to Users (learner, manager, trainer ...) in order to assign them different missions. The Camps are closed and the Customer himself adds the Learners to one or more Camps. myskillcamp is therefore not involved in the creation and management of Camps.
The Client can also create thematic learning communities / groups. The Client can leave the Learners free to join these communities, or close these communities and invite the Learners personally to join one or more communities. myskillcamp is therefore not involved in the creation and management of communities.
The Studio is the space for creating and sharing training paths. The Customer can in the Studio create training content in the form of modules or routes, and then distribute them to the Learners of one or more Camps by creating and managing sessions. These sessions allow customization and precise planning of modules.
By default, and unless otherwise stated or agreed, the content selected on the Marketplace cannot be modified.
2.4 Access to the Platform by the User
All Learners have free access to the Training Space, thanks to the Subscription subscribed by the Client. In the event that the Subscription is terminated by the Customer, Users lose their access to the Training Space.
By connecting to the Platform, the Learner has the possibility, in each of the Camps of which he is a member and according to the configuration operated by the Client (exemplary list and subject to change):
The User is solely and exclusively responsible for the content, information and any other element that he creates, publishes, communicates, or in any other way makes available to other Users by means of the Platform, and agrees not to keep myskillcamp, in some way, responsible.
The User who submits content to the Platform or otherwise uses the Platform, undertakes to comply with the laws in force and in particular undertakes not to:
Users guarantee that they have all the necessary authorizations to put the content online and distribute it.
Users agree to comply with all reasonable guidelines or requirements, requests or instructions from myskillcamp in connection with the Platform, in particular in the context of support and maintenance.
Users are responsible for ensuring that all information provided is accurate, complete and kept up to date.
Users guarantee myskillcamp against any action or complaint by third parties (including public authorities) relating to the content added to the Platform.
Users are solely responsible for the use and access to their own Personal Account. In this regard, Users must ensure that no other person has access to their Personal Account. In the event that the User becomes aware that another person is accessing the Platform with their Personal Account, they will immediately notify myskillcamp by e-mail to the following address: email@example.com. myskillcamp cannot be held responsible for any loss or damage that the User may have suffered as a result of unauthorized use of his Personal Account by others, even without the User's knowledge.
In the event of dissemination of the content, either by their own care or by third parties, who come from a source external to the Platform, Users acknowledge and accept that they are also bound by the general conditions of use of the platforms concerned (e.g. social media).
myskillcamp does not guarantee that the content created by means of the Platform or by using its Services is of quality, complete, exact, adequate and reliable, nor that it complies with the applicable legislation and with the present CGU, nor does it violate third party rights. myskillcamp expressly disclaims all responsibility for the content and quality of the content created and disseminated by Users through the Platform and the Services.
myskillcamp may nevertheless carry out, at its sole and absolute discretion, a control of the content present on the Platform. It reserves the right to delete any content that violates the T & Us or about which it has received a complaint. myskillcamp may exercise this right at any time, without notice and at its sole discretion.
myskillcamp reserves the right to cancel or suspend at any time access to the Platform to a User in the presence of elements suggesting that there is an infringement of applicable law, the T & Us, the rights of third parties , or if the User concerned causes or is likely to cause prejudice to the interests of myskillcamp, other Users, or third parties.
5.1 Rights relating to the content posted by the User
The intellectual property rights relating to the content posted by the User remain the property of the latter.
The User declares and guarantees that he has all the necessary authorizations for putting the content online and for its distribution. The User undertakes to hold myskillcamp harmless against any generally any action of third parties claiming to have rights over the content produced by means of the Platform, or alleging a violation of their image rights.
Each User grants myskillcamp free of charge an irrevocable, transferable user license for the whole world and for the entire legal term of protection, without this conferring on him a right to any remuneration or any advantage whatsoever over the content for the sole purposes the proper execution of the services linked to the Platform. This license covers in particular all rights of reproduction, representation, communication to the public, distribution. myskillcamp specifies as necessary that it will in no case use the content for advertising purposes.
5.2 Rights relating to the Platform
All elements of the Platform (including, without being exhaustive, the software used, the source code, the layout, the text, the logos, the photographs, the drawings, the images, the sounds, the databases, the name (“myskillcamp”, “LXP”), as well as the commercial and domain names), are works protected by intellectual property rights, and in particular by copyright, trademark law, copyright law databases, design law and patents (hereinafter “Intellectual Property Rights”).
All Intellectual Property Rights belong to myskillcamp or are integrated into the Platform with the agreement of the owner of the rights in question.
No Part of the Platform itself, nor the data and information presented on the Platform, may be recorded (other than that necessary to use the Platform) or reproduced, modified, translated, made public, distributed, rented or sold, transmitted to third parties or used in any way without the prior written permission of myskillcamp.
myskillcamp grants the User a personal, temporary, worldwide, non-transferable license on the Platform, allowing him to use the latter in accordance with these T & Us. The license is granted only for the sole and sole purpose of allowing the User to use the Platform, for strictly personal purposes, to the exclusion of any other purpose. The license is only granted for the duration of the use of the Platform. The user license means the right to represent and implement the Platform in accordance with its destination via a connection to an electronic communications network. The User may in no case make the elements available to a third party, and strictly prohibits any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. Any use other than the purpose is prohibited. This prohibition applies regardless of the reproduction, representation and / or modification process, and whatever the duration.
myskillcamp cannot be held responsible for any direct or indirect damage resulting directly or indirectly from access to or use of the Platform and Services.
myskillcamp is only bound by an obligation of means.
myskillcamp takes care to communicate information as correct as possible but can never guarantee the total accuracy, completeness and relevance of the information presented on the Platform and cannot therefore be held responsible for it.
myskillcamp declines any responsibility as for the uses which would be made, with the decisions which would be taken or acts which would be undertaken by the User on the basis of the information made available on the Platform and cannot be held responsible for the errors caused to the User on the basis of this information.
myskillcamp declines all responsibility for the creation and management of Training Spaces, including the creation and management of Camps and communities.
myskillcamp also declines all responsibility for direct or indirect damages which could result from inaccuracy, lack of completeness, lack of relevance, omission or negligence in the production, development, writing, writing and interpreting information. myskillcamp declines any responsibility in the event of deletion, non-storage, or non-transmission of information and / or content.
All Users are required to inform myskillcamp as soon as possible of any unauthorized use or risk of use of their account and / or their identifiers. myskillcamp cannot be held responsible for a poor selection of Learners invited to join Training Spaces, Camps and communities.
The User expressly acknowledges using the Platform at his own risk and under his exclusive responsibility. In any event, myskillcamp can in no way be held responsible:
myskillcamp provides the Platform "as is". myskillcamp declines any responsibility for damage or defects, permanent or temporary, of the computer equipment or data of the User during or after the use of the Platform. In particular, myskillcamp declines all responsibility for the possible transmission of viruses and trojan horses via the Platform.
Regarding the realization of the Platform, myskillcamp uses the most modern technologies as much as possible. myskillcamp cannot however be held responsible for any (temporary) breakdowns or failures or possible maintenance work on - or of - the Platform as well as relating to the availability, speed, security and reliability of the information relating thereto.
myskillcamp cannot be held responsible for any costs or expenses (eg internet connection, travel, etc.) in connection with the Platform. The entire cost of using the Platform is borne by the User.
In the event of impossibility of access to the Platform, due to technical problems or any other nature, the User cannot claim any damage and cannot claim any compensation.
The hypertext links on the Platform can refer to other websites and myskillcamp cannot be held liable if the content of these sites is unavailable or contravenes current legislation. Likewise, myskillcamp cannot be held responsible if the User’s visit to one of these sites causes it harm. The same applies to external content directly integrated into the platform by Users by technical means such as iframe or "embed code" technologies.
The Platform is in principle accessible 24/24, 7 / 7d, except interruption, programmed or not, for the needs of its maintenance or in case of force majeure as defined below.
By "force majeure" is meant, without this list being exhaustive, an order given by the authorities, a mobilization, war, an epidemic, a lockout, a strike, a demonstration, technical faults at the level of the transmission of communications, a flood, an explosion, a shortage of raw materials or labor, a change in the overall economic circumstances, an act of vandalism, exceptional weather conditions, as well as all circumstances beyond control of myskillcamp and disrupting the normal course of business, without myskillcamp having to demonstrate the unpredictability of said circumstances.
The fact for myskillcamp not to implement any clause of these CGU, or not to take any action with regard to a User in the event of a possible violation of one of the provisions of the CGU, cannot be interpreted as any waiver of a right.
If a clause of the T & Us is deemed illegal, void or for any other unenforceable reason, then this provision will be deemed severable from the general conditions and will not affect the validity and enforceability of the remaining clauses.
The T & Us are not transferable, transferable or sublicensable by the User himself.
The T & Us are governed and interpreted in accordance with Belgian law, unless otherwise required by law.
Before taking legal action, the Parties will take all reasonable measures to reach an amicable solution to the dispute in question.
Myskillcamp, a Limited Company under Belgian Law, headquartered in Quai des Salines 30, box 10, at 7500 Tournai, Belgium, and registered with the Crossroads Bank of Enterprises under No. 0543.703.707 (hereafter "myskillcamp") stores cookies on its website.
You can contact us by email using firstname.lastname@example.org.
More information about cookies can be found by visiting this website
Strictly necessary cookies
A cookie falls into this category if it is essential for the operation of our website, supporting features such as setting your privacy preferences, logging in, payment transactions or filling out forms. In other words, these cookies are used to enable the website to function and cannot be disabled in our systems. They are usually only set in response to actions you have taken.
It is important for us to understand how you use our website, for example, how efficiently you navigate and what features you use. These cookies allow us to track visits and traffic so that we can measure and improve the performance of our website. They help us know which pages are the most and least popular and how users move through the website. Analytical cookies allow us to collect this information and help us to improve our website and your experience of it.
These cookies record analytical (anonymous) information about how you visit the website, in order to improve the website and user experience, but also to be able to advertise in a more targeted way.
Functional cookies allow us to provide you with additional features on our website, such as personalisation and remembering your stored preferences. Some functional cookies may also be strictly necessary, but not all of them necessarily fall into that category. These cookies may be set by us or by third party providers whose services we have added to our pages.
These cookies collect information about your activities on our website in order to provide you with targeted advertising. As with analytical cookies, this information helps us to better understand you and to make our website and advertising more relevant to your interests. These cookies can be set by our advertising partners via our website. They can be used by those companies to create a profile of your interests and show you relevant ads on other websites and or platforms.
Third party cookies
Third party cookies are not placed by us, but by third parties who provide services to us and/or to you. Third party cookies may be used by advertising services to provide you with customised advertising on our website, or by third parties providing analytical services to us (these cookies work in the same way as the analytical cookies described above).
Each of the above types of cookie can be a persistent cookie. Persistent cookies are cookies that remain on your computer or device for a predetermined period of time and are activated each time you visit our website.
Each of the above types of cookie can be a session cookie. Session cookies are temporary and only remain on your computer or device from the moment you visit our website until you close your browser. Session cookies are deleted when you close your browser.
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Sends data to the marketing platform Hubspot about the visitor's device and behaviour.
Tracks the page on which a Free Trial submission takes place, if any.
Tracks the users’ landing page (the first page they viewed in their session).
Tracks the traffic source medium that brought the user to the website.
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Registers how the user has reached the website to enable pay-out of referral commission fees to partners
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Set by LinkedIn when a webpage contains an embedded "Follow us" panel
Used by the social networking service, LinkedIn, for tracking the use of embedded services
Tracks if the user has shown interest in specific products or events across multiple websites and detects how the user navigates between sites. This is used for measurement of advertisement efforts and facilitates payment of referral-fees between websites
Used to track visitors on multiple websites, in order to present relevant advertisement based on the visitor 's preferences.
You can refuse the installation of cookies via your browser settings. If you choose to disable cookies, you can do so for the browser you are using: Internet Explorer ; Google Chrome ; Firefox ; Safari.
The links below provide instructions on how to manage cookies in all common browsers:
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These terms and conditions (together with any documents incorporated by reference below, the “Agreement”) govern the supply of services by Paystratus Group Limited, (as the context requires, “Weavr”, “we”, “us”, “our”) to the entity approved by us to access the Weavr.io Platform (“you”, “your”) as indicated below.
Contact information: our contact details are available at https://weavr.io/contact.
We operate and maintain the Weavr.io Platform which enables you to access the Payment Services provided by regulated financial institutions (“the Payment Services Providers”), and to securely exchange your personal and financial data with the Payment Services Providers in relation to the provision of these services.
Our services to you are referred to as “the Weavr Services” throughout this Agreement. Your access to the Weavr Services is facilitated by the Application Provider by means of the Solution.
We provide the Weavr Services without charge to you but subject always to the terms and conditions of this Agreement.
The Payment Services are provided by authorised and regulated entities the details of which are provided on our website.
In certain circumstances you will also be bound by the terms and conditions of the Payment Services Provider(s) (which we identify on our website) and we and they shall be entitled to treat your use of the Weavr Services as confirmation of your acceptance of this Agreement and the terms and conditions applicable to the Payment Services.
For the purposes of these clauses relating to data the following terms shall have the following meanings:
Data Protection Legislation: the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
Our Data: the data, not including any personal data, supplied by us or our licensor for the Business Purpose (as defined below).
Processed Data: any data that derives from us having Processed Your Data under this agreement, whether or not in combination with Our Data.
Processed Non Personal Data : all data, other than personal data, comprised in the Processed Data from time to time.
Relevant Data: Your Data and the Processed Data.
Security Breach: any security breach relating to:
(a) Your Personal Data reasonably determined by us to be sufficiently serious or substantial to justify notification to the Information Commissioner or other relevant supervisory authority in accordance with the Privacy and Data Protection Requirements; or
(b) Your Non-Personal Data reasonably determined by us to be sufficiently serious or substantial to give rise to a material risk of litigation by the individuals whose data is the subject of the breach.
Security Feature: any security feature, including any key, PIN, password, token or smartcard.
Standard Contractual Clauses: the standard contractual clauses for the transfer of personal data from the European Union to processors established in third countries as set out in the Annex to Commission Decision 2010/87/EU.
UK Data Protection Legislation: any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation.
Your Data: the data supplied by you to us under the terms of this Agreement, including Your Personal Data and Your Non-Personal Data.
Your Non-Personal Data: all data comprised in Your Data from time to time other than Your Personal Data.
Your Personal Data: the personal data comprised in Your Data from time to time.
Collection, Storage and Use of Your Data
In order that you can use the Solution it is necessary that we collect information from you including information regarding your identity and (where you are a corporate body) the identities of your officers and employees.
Some of the information collected is Personal Data (as defined in the Data Protection Legislation).
Your Data is collected for the following purposes (“Business Purpose”):
to meet the anti-money laundering and similar obligations placed on us, the Application Provider or the Payment Services Provider(s);
to enable us to provide the Weavr Services;
to enable us to provide the necessary services to the Application Provider;
to share Your Data with the Payment Services Provider(s) and/or Application Provider so that they can meet any requirements they have in providing the relevant services.
We shall process Your Data for the Business Purpose only and in compliance with Your instructions from time to time.
You acknowledge that we are under no duty to investigate the completeness, accuracy or sufficiency of Your Data.
We may use Processed Non Personal Data to derive usage trends of the use of the Weavr Platform and for other commercial purposes. Any personal data shall always be made anonymous for such purposes.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Security and Passwords
We shall ensure that the Relevant Data is kept secure and in an encrypted form, and shall use all reasonable security practices and systems applicable to the use of the Relevant Data to prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display or distribution of the Relevant Data.
Where we use Security Features in relation to the Weavr Services (wholly or in part), the Security Features must be kept confidential and not lent, shared, transferred or otherwise misused by you.
If you or we:
(i) becomes aware of any unauthorised or unlawful processing of any Relevant Data or that any Relevant Data is lost or destroyed or has become damaged, corrupted or unusable;
(ii) becomes aware of any Security Breach; or
(iii) learns or suspects that any Security Feature has been revealed to or obtained by any unauthorised person,
that party shall, at its own expense, promptly notify the other party and fully co-operate with the other party to remedy the issue as soon as reasonably practicable.
We may change Security Features on notice to you for security reasons.
We shall take reasonable precautions to preserve the integrity of any Relevant Data processed by us and to prevent any corruption or loss of such Relevant Data.
We shall regularly make a back-up copy of the Relevant Data and record the copy on media from which the Relevant Data can be reloaded in the event of any corruption or loss of the Relevant Data.
If any of Your Data is lost or corrupted, our obligations under this clause shall be your exclusive right and remedy against us in respect of such loss or corruption.
(i) only make copies of Your Data to the extent reasonably necessary for the Business Purpose (which includes, for clarity, back-up, mirroring (and similar availability enhancement techniques), security, disaster recovery and testing of the Customer Data);
(ii) not extract, re-utilise, use, exploit, redistribute, re-disseminate, copy or store Your Data other than for the Business Purpose; and
(iii) not do anything that may materially damage your reputation.
We shall take reasonable steps to ensure the reliability of all our employees who have access to Your Personal Data.
Where we need to transfer any of Your Personal Data outside the EEA we shall do so only in accordance with the terms of the Standard Contractual Clauses.
In your use of the Weavr Service you shall not:
access, store, distribute or transmit any viruses, or any material that:
(i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(ii) facilitates illegal activity;
(iii) depicts sexually explicit images;
(iv) promotes unlawful violence;
(v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(vi) is in any manner otherwise illegal or causes damage or injury to any person or property; and
shall not use or change your use of the Weavr Service in such a way as may (or may reasonably be expected to) overload or otherwise compromise the Weavr Platform or use it in any way which may reasonably be expected to be outside the parameters of normal use (for example by making excessive API calls through the system) and shall indemnify us against any costs we incur as a result of any such misuse;
and we reserve the right, without liability or prejudice to our other rights, to disable your access to the Weavr Services should you breach the provisions of this clause.
You shall not:
You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Weavr Platform and, in the event of any such unauthorised access or use, promptly notify us.
In order for you to be able to use the Solution, the Weavr Services and Payment Services you may need your employees, officers, operatives and agents to access the Weavr Platform. Where we grant such access these individuals will be deemed to be authorised for the purposes of this Agreement and your agreements with the Application Provider and Payment Services Provider(s) and will be “Authorised Users”. You undertake that your Authorised Users shall only access the Weavr Platform for these purposes and shall keep secure any password or other security device provided for such access. You shall be liable for the acts and omissions of your Authorised Users as if they were your own and we may bloke their access at any time if we believe that any of the terms of this Agreement or the Payment Services Agreement(s) has been or may be breached.
We may suspend or terminate your access to the Weavr Platform at any time and for any reason, including but not limited to:
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we or our partners (if relevant) hold about you and to check that we are lawfully processing it. Where your personal data is held by any of our partners in relation to your use of the Weavr Services, the Payment Services or otherwise, we shall act as that partner’s agent in responding to your data subject access request.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
If you want us to establish the data's accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of Your Data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you have any questions about this our use of your personal data please contact us in the following ways:
Email address: email@example.com
Postal address: Paystratus Group Ltd, Kemp House 160 City Road, London EC1V 2NX UK
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Access to the Weavr Services is provided “as is” and we give no warranty that the access will be continuous and uninterrupted. We use our reasonable commercial endeavours to provide the Weavr Services 24/7 but shall not be liable to you or any third party if we are unable to achieve this.
We shall not be liable to you in relation to any loss you suffer from your use of the Weavr Services, the Payment Services or the Solution including but not limited to any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill or indirect or consequential loss.
Intellectual Property Rights
You and we acknowledge that:
(i) all Intellectual Property Rights in Your Non-Personal Data are and will remain your property or the property of your licensors, as the case may be; and
(ii) all Intellectual Property Rights in Our Data are and will remain our property or the property of our licensors, as the case may be;
(iii) we shall have no rights in or to Your Non-Personal Data other than the right to use it for the Business Purpose in accordance with this agreement; and
(iv) you shall have no rights in or to Our Data other than a non-exclusive, royalty-free, personal, non-assignable, non-sub-licensable licence (co-terminous with this agreement) to process Processed Data for the Business Purpose in accordance with this Agreement.
You assign to us, and shall assign to us, all your Intellectual Property Rights in any Processed Non-Personal Data we may create under this Agreement, by way of future assignment.