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TERMS AND CONDITIONS OF USE OF TRACE ACADEMIA
Trace Academia is a service that comes in the form of an e-learning platform, giving users access to e-learning and teaching solutions, based on the concept of “edutainment”, combining education and entertainment.
Trace Academia offers the following courses:
hereinafter referred to as “the Content”:
This Content is associated with an ecosystem of strong partnerships between TRACE and companies, institutions, community centers, mentors, etc.
This Content is available on the “Trace Academia” application, distributed via the mobile network, to smartphones and other connected devices (“Devices with access to Trace Academia”).
The Trace Academia service will use your course history and the results of your personality test to offer you recommendations for courses that may be of interest to you.
These Terms of Service and our Privacy Policy govern the use of the Trace Academia application.
I DEFINITIONS
Application: refers to the Trace Academia application, compatible with Android and iOS systems, accessible by downloading it from the Play Store, the App Store and the Huawei Store (i.e. AppGallery).
Badge : refers to an accreditation obtained at the end of a Course by obtaining a result of at least 80% in the final test of said Course (“Test your knowledge”).
Certificate : refers to a series of at least four Courses to acquire the technical and practical skills necessary to perform a job.
Conditions: refers to the present General Conditions of Use of the Trace Academia service published by TRACE.
Account/profile: refers to the Trace Academia user’s account where all data, including the user’s personal data, is held. Personal data includes, in particular, user identifiers, which TRACE must keep as record in order to access subscriptions. The recording of personal data is also necessary for the management of your account, by TRACE, for the management of relations between the user, TRACE, as well as for analysis and statistical purposes.
Content or content offer: refers to the courses and, by extension, all other content accessible through the service of Trace Academia.
Course : refers to a learning procedure made up of Units, allowing you to master a skill and including a final test on the content of the Course (“Test your knowledge”).
Diploma : refers to the document issued by TRACE and any TRACE partners associated with courses when the Learner has obtained all the Badges contained in a Certificate.
Personal data: “any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an “identifiable natural person” is a natural person who can be identified, directly or indirectly, in particular by means of an identifier, such as a name, an identification number, location data or one or more factors specific to his physical, physiological, genetic, mental, economic, cultural or social identity.
The terms “Data Subject”, “Processor” and “Sensitive Data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
Identifiers: refers to the e-mail address as well as the confidential code/password associated with the e-mail address, chosen by the User and allowing him/her to identify himself/herself in order to access the Service to which he/she has subscribed.
Personality test: Trace Academia has developed a questionnaire that helps users identify their career interests. The questionnaire is the property of Trace Academia and is based on John Holland’s RIASEC model. The quiz results are used to suggest courses and content that match the users’ interests.
Registration: refers to the online registration procedure followed by the user on the Application in order to have access to the Service. This registration leads to the creation of the account, the user profile and the creation of identifiers specific to each user.
RIASEC code: Trace Academia uses an interest inventory questionnaire to assess the interests of users in order to suggest relevant courses. The result of the questionnaire is displayed as the top 3 major areas of interest (R=Realistic, [1]I=Investigation, A=Artistic, S=Social, E=Entrepreneurship, C=Conventional). This questionnaire is based on the works of John Holland.
Service: designates all the content and services offered by TRACE and accessible online from the application.
Site: refers to the Trace Academia website, accessible from the URL below, which details all information specific to the Service and subject to these Terms and Conditions:
TRACE or publisher: refers to the company that offers the service.
Units : refers to the content of the Courses which may consist of short videos, texts, images, as well as fun and interactive quizzes to test the understanding of the Courses.
User: means any person who accesses the Content via the Application and who has an account.
II LEGAL NOTICE
In accordance with article 6 of law 2004-575 of June 21, 2004 on confidentiality in the digital economy, users of the website www.traceacademia.com and the Application are informed of the identity of the various parties involved in its implementation and monitoring.
Editor:
The person responsible for processing the operations mentioned in this document is TRACE GLOBAL, a simplified joint-stock company with a capital of €1,204,000.00, registered with the Nanterre Trade and Companies Register under number 411 205 628, whose registered office is located at 73, rue Henri Barbusse – 92110 Clichy, France.
Publishing manager:
Mr Olivier Laouchez et M. Clayton Maharaj
Design and development of the application:
BBD: The Zone Boulevard, Cnr Cradock & Tyrwhitt Ave, Rosebank, Johannesburg, 2196
Design and development of the site:
Platform45 Information Solutions (Pty) Ltd Reg# 2008/000035/07 Floor 5, wework, Rosebank Link, 173 Oxford Road, Gauteng, 2196 Republic of South Africa
Webmaster:
UNSCUZZY DEVELOPPEMENT SL Unscuzzy B42593111 CALLE MUSICO OSCAR TORDERA IÑESTA, NUM. 11 03004 ALICANTE/ALACANT Alicante España hugo@unscuzzy.com
Site hosting:
Amazon Web Services Inc Inc., 410 Terry Avenue North, Seattle, WA 98109-5210,
Netways: 8, place de la libération – Bussy saint Georges, France
Data protection officer:
III PURPOSE OF TERMS AND CONDITIONS & CURRENT VERSION
The purpose of these General Conditions is to define the conditions under which the User can access the Service.
Any person who wishes to benefit from the Service undertakes to respect, without exception, these General Conditions.
The user is expressly informed that the version of the Conditions of Use of the Service which is authentic is that which is accessible online at the address below when connecting to the following site: www.traceacademia.com or in the section About the Application.
All users must therefore refer to the version accessible online on the date of their access to the Service.
TRACE is free to modify the present General Conditions as well as the legal notices at any time in order to take into account any legal, jurisprudential, editorial and/or technical developments.
The General Conditions as well as their possible modifications are considered as accepted without reservation by the user who connects to the Application and/or the Site after having been put online. In the event that the user does not wish to accept all or part of the General Conditions, he/she will be asked to leave the Service.
IV ACCESS TO THE SITE
The site is accessible to any Internet user or mobile user, insofar as he/she has internet access and/or a mobile network connection and a suitable terminal.
V ACCESS TO THE SERVICE VIA THE APPLICATION
The service is accessible to anyone with a smartphone who has downloaded the application on his smartphone and who meets the conditions established above, insofar as he/she has a connection to the mobile network.
However, the creation of a profile is necessary to benefit from the service.
VI PROFILE/ACCOUNT CREATION
1) The Terms of Service for Registering for the Service and creating a profile.
Access to the Service is conditional on the user’s Identification after he/she has created a profile on the Application.
It is also possible to register by clicking on a Facebook, Twitter or LinkedIn user account. If the user chooses this option to create a profile, he/she must click on the corresponding button proposed during the profile creation phase, thus allowing the transmission of his/her personal data from the chosen social network to the Application to create his/her profile.
When registering, the user must provide personal information that will be collected by the Application (including first name, last name, e-mail address, country, telephone number or social network identifiers) which will then be used to identify the User and facilitate his access to the Service.
When creating a profile, the user agrees to provide true, accurate, up-to-date and complete information about his identity and age. In particular, he/she undertakes not to create a false identity that could mislead TRACE and not to usurp the identity of another natural or legal person.
After validation of the general conditions and the creation of the profile, the user receives an e-mail in his personal inbox and must then, in order to validate his profile, click on or copy in his search engine the url of the personal address assigned to him.
If the user used his/her mobile number or email address to register, he/she will receive a verification code via SMS or email and must enter it in order to confirm his/her identity.
From there, the user will be able to identify himself and will have access to the administrative/management interface of his account.
In the event that the user provides false, incorrect, incomplete, misleading or outdated information, TRACE may, immediately without prior information or compensation, suspend or delete the user’s account and refuse access, temporarily or permanently, to all or part of the Service.
2) User ID
A user Account includes its identifiers, placed under the exclusive responsibility of the user. The user undertakes to keep them secret and not to disclose them in any way whatsoever. If one of the user’s Identifiers is lost or stolen, the user must inform TRACE without delay, which then proceeds to the immediate cancellation and/or cancellation of the Identifiers concerned.
The user is solely responsible for the use of his/her identifiers, even if he/she has pre-registered them on his/her mobile phone or other similar device, thus authorizing automatic connection to his/her profile.
3) Any access or use of the Service and transmission of data made via the user’s profile is considered to be made by the user. User is solely responsible for maintaining the confidentiality of the user’s password. Therefore, the user has the obligation to guarantee that at the end of each session, he/she has disconnected from the Service.
Any loss, misappropriation or unauthorized use of a user’s Identifiers and their consequences are the sole responsibility of the user. For all the aforementioned cases, the user must inform TRACE, specifying his surname, first name, country, telephone number or e-mail address and, if possible, his username and old password, via the contact form (available by clicking here www.traceacademia.com) so that TRACE can proceed with the deletion of the user IDs or password concerned.
4) Profile deletion
The user can delete his profile at any time without justification. Simply go to the “My Profile” section.
TRACE may delete a user’s profile in the event of non-compliance with the clauses of these General Conditions. In the event of a violation, TRACE may immediately delete the profile of the user concerned at its own discretion, permanently. In addition, TRACE reserves the right to take legal action against the user concerned and to claim damages in compensation for the damage suffered as a result of the violation. This deletion may take place without prior notification, notice or formal notice.
VII EVALUATION OF INTEREST
After downloading the Application, the user can, during his first connection to the service, proceed to the evaluation of his areas of interest in order to allow him to identify the content which he/she finds most interesting.
This assessment of user interests is conducted using an interest inventory questionnaire.
At the end of this test, the user will receive a RIASEC code which will indicate the three categories recording the best score of interest, as well as the type of jobs related to them.
This RIASEC code will be used to recommend the courses best suited to the user’s interests, allowing the user to choose from a selection of courses.
VIII CONTENT OFFER
TRACE is offering content in partnership with major companies and institutions (“Content Partners”) while we hope that the world-class content offering events from our content partners will indeed take place. TRACE reserves the right to cancel, discontinue, reschedule or modify any content offering, or change the point value, weight of an assignment, quiz or other assessment, alone or as directed by Content Partners. The Content Offering is subject to the Disclaimers and Limitation of Liability sections below. No academic credit.
Unless expressly stated by a credit-granting organization, participation in or completion of the content offering does not confer academic credit. Even if credit is given by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing any Content Offering unless you have received a training certificate or other equivalent document for completing the Content Offering. TRACE, faculty and associated content providers are under no obligation to have their content offering recognized by educational institutions or accrediting organizations.
Student-Content Provider Relationship Disclaimers.
Nothing in these terms or otherwise, in connection with your participation in any content offering by content partners: (a) establishes a relationship between you and a Content Partner; (b) engages or registers you with a Content Partner institution, or any content offering made by a Content Partner institution; or (c) grants you the right to use the resources of Content Partner institutions beyond participation in the content offering.
IX LEARNING OFFERED AS PART OF THE SERVICE
The service offers two learning formats:
– Courses
– Certificates
The user can select the format that suits him by browsing the application, using the search bar or the Discover tab.
At the end of each Course, the user has access to a final test; “Test your knowledge”.
If users get a Knowledge Test pass score of at least 80%, they get a badge.
If the user fails to obtain his badge, he can redo the final “Test your knowledge”. In the event that the user fails a second time to obtain his badge, he can again attempt the final “Test your knowledge” after a waiting period of one hour.
If the user obtains all the Badges associated with the courses, making up a Certificate, he obtains a Diploma validating his learning achievement.
X DIPLOMA-RELATED OPPORTUNITIES
Opportunities offered by TRACE partners may be associated with Certificates offered on the Application.
These opportunities may include: internships, scholarship programs, mentorship programs or other exciting options to accelerate your career. The “opportunities” tag will be displayed as part of the Opportunity Certificates Application.
To access these opportunities, users are selected on the basis of their performance in the final “Test Your Knowledge”. The best learners are selected based on the marks obtained during the certificate and, when too many learners obtain the same marks, we select the best learners based on the speed at which they complete the certificate related to the relevant diploma.
XI MODIFICATION OR TERMINATION OF SERVICE
TRACE is constantly modifying and improving its Service. We may add or remove features, options or requirements, and we may suspend or discontinue any part of our Services. Likewise, TRACE may terminate your use of the Service for any reason. We may not be able to provide the Service in certain regions or countries for various reasons, including due to applicable export control criteria or internet access limits and government restrictions. Neither TRACE nor any of its Content Partners, teachers, contributors, sponsors and other business partners, nor their employees, suppliers and other agents (the “TRACE Parties”) shall have any liability to you for such actions. You can stop using our Services at any time, although we regret your departure.
XII DISCLAIMER
The Service and all content included are provided “as is” without warranty of any kind, either express or implied. The TRACE Parties specifically disclaim all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and for any warranties arising out of any course dealing with or involving trade. The TRACE Parties also specifically disclaim all liability related to your access to or use of the Service for any Client. The user acknowledges and agrees that any access or use of the Service or the Content is at his/her own risk.
XIII RESPONSIBILITY
TRACE undertakes to make every effort to guarantee the user’s accessibility to the Service. However, TRACE cannot be held responsible if the service is not available, for any reason whatsoever. An interruption for technical maintenance or update can also be decided by TRACE.
The user acknowledges having read the General Conditions and undertakes to respect them.
The user acknowledges having the necessary skills and means to access and use the Service, and acknowledges having verified that the configuration of his mobile phone and/or computer does not contain any viruses and is in perfect working order.
TRACE declines all responsibility for the accuracy, completeness and timeliness of the information communicated in the Service, nor for the sustainability of its own operation or its overall IT security.
TRACE cannot be held responsible for any error, lack of availability of information and/or the presence of viruses in its Service.
The user acknowledges that he/she uses the information and tools available on the Service under his/her sole responsibility.
TRACE cannot be held responsible for links to other sites and/or applications, as TRACE has no control over the content of these sites and/or applications.
Consequently, TRACE cannot be held responsible for the content, advertisements, products, services or any other tool available on or from these sites and/or applications and/or external sources that have not been approved, nor can it be liable for any damages resulting from or in connection with the use of these links.
The Publisher guarantees the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible period, in particular for reasons of maintenance, improvement of its infrastructure, breakdown of its infrastructure or if the traffic generated seems unnatural.
TRACE and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines and computer and/or telephone equipment, in particular linked to network congestion, preventing access to the server and/or the application.
Interactive spaces (where it is possible to ask questions in the contact space) are available to Users. TRACE reserves the right to delete, without notice, any content posted in this space which could contravene the law applicable in France, in particular the clauses related to data protection. If necessary, TRACE also reserves the right to question the civil and/or criminal liability of the user, in particular in the event of a racist, insulting, defamatory or pornographic message, whatever the means used (text, photography, etc).
Limits of liability
To the fullest extent permitted by law, the TRACE Parties shall not be liable for any indirect, incidental, specific, consequential or punitive damages, or any loss of profits or revenues, whether direct or indirect, or any loss of data, usage, goodwill or other intangible loss resulting from: (A) your access to or use of or inability to access or use the Service; (B) any conduct or Content of a Party other than the applicable TRACE Party, including without limitation any defamatory, offensive or illegal conduct; or (C) the use of unauthorized access or alteration of your information. In no event shall TRACE’s aggregate liability for any claim relating to the Service exceed twenty Euros.
User acknowledges and agrees that the disclaimers and limitations of liability set forth below in these Terms and Conditions reflect a fair and reasonable allocation of risk between them and the TRACE Parties, and that such limitations are a basis essential to TRACE’s ability to make the Service available to the User, under economically feasible conditions.
Users agree that any cause of action relating to the Service must be brought within one year after the cause of action arises. Otherwise, said action will be permanently prohibited.
XIV COMPENSATION
The User agrees to indemnify, defend and hold harmless the TRACE Parties from all claims, liabilities, expenses and damages, including costs and reasonable attorneys’ fees, generated by any third party, related to: (a) User’s use or attempted use of the Service in violation of these Terms; (b) User’s violation of any third party law or regulation; or (c) User Content, including without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary right.
XV DATA PROTECTION, COOKIES AND SECURITY
Data Protection and Cookies
For more information on the data protection measures implemented, and the use of cookies by TRACE, please refer to the privacy and cookie policy:
Security
We take the safety of our users to heart. Although we work to ensure the security of your account and related information, TRACE cannot guarantee that an unauthorized third party will not be able to override our security measures. In the event of compromised or unauthorized use of your account, please notify us immediately by emailing us at.
XVI INTELLECTUAL PROPERTY
The content of the Service, the general structure as well as the software, texts, images, animated or not, photographs, know-how and other elements making up the Service are the exclusive property of TRACE or its partners who benefit from a license.
This also applies to the appearance of databases, if any on the Service, which are protected by the Intellectual Property Code.
The distinctive signs of Trace and its partners, such as domain names, registered trademarks, names and logos appearing on the Service are protected by the Intellectual Property Code.
Any modification, reproduction, representation, publication, total or partial adaptation of these distinctive signs made from elements of the Service without the express authorization of TRACE is therefore prohibited. Any unauthorized use of the Application and/or the Site or any other element they contain will be considered an offense and will be prosecuted.
XVII CORRESPONDENCE AND COMMENTS
Correspondence
The User has the obligation to communicate to TRACE any modification concerning his situation. TRACE cannot be held responsible for the consequences in the event that a User and/or a third party suffers damages in the event that a User has not informed TRACE of any modification.
Any complaint and/or dispute between the User and TRACE must be formulated in writing and sent to Trace within 15 (fifteen) days at the latest after the event at the origin of the complaint, under penalty of prescription.
Any notification communicated under the conditions thereof must be made in writing and sent to the following address:
TRACE GROUP – 73 Rue Henri Barbusse – 92110 Clichy – France
Or at the following email address:
The user will make sure to keep the acknowledgment of receipt. These notifications will take effect on the first working day following receipt by TRACE of the notification, unless technically impossible.
Comments
We welcome all of your suggestions, ideas, comments and other opinions regarding the Services (“Feedback”). By sending us your comments, you grant us the right to use these comments without any restriction or compensation to you. By accepting your comments, TRACE does not grant any rights to use any previous, similar or related comments known to TRACE from our employees, suppliers or other sources.
XVIII BINDING ARBITRATION
Users and TRACE agree to submit to binding arbitration in the event of a dispute, claim or other dispute of any kind, whether based on statute, regulation, constitution, common law, equity or any other legal basis or theory, pre-existing, present or future arising out of or relating to our Services, these Terms and Conditions and/or any other relationship or dispute between you and us, including without limitation (i) scope, applicability or enforceability of these Terms and Conditions and/or its arbitration provisions, and (ii) dealings with any third party, non-party of the Terms or these arbitration provisions to the most extreme extent permitted by law. applicable (each a “Claim” and collectively the “Claims”).
XIX TERMS AND CONDITIONS
Revision of conditions
We reserve the right to modify the Terms of Service at our sole discretion at any time. Any changes to the Terms and Conditions will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of those changes, either by posting on our website, email notification, another method, or a combination of several. In any event, your continued use of the Service following the posting of such changes, with or without notice, constitutes binding acceptance of the revised Terms and Conditions.
Divisibility; Waiver
If it turns out that a particular clause of these General Conditions of Use is not applicable, this will not affect the others. If you fail to comply with these Terms and Conditions, and we do not take immediate action, this does not mean that we are waiving our applicable rights (such as taking legal action in the future).
Content provider
Our content providers and integrated service providers are third party beneficiaries of the Terms and Conditions and may enforce those terms of the Terms and Conditions that apply to them.
XX APPLICABLE LAW
The Service is managed by TRACE, whose head office is in Clichy, France. Users agree that any dispute relating to these Terms and Conditions will be governed by French law, except for its conflict of law provisions. In the event that a dispute relating to these Terms and Conditions is not subject to binding arbitration, Users and TRACE submit to the personal jurisdiction of the courts of Paris, France, as the forum for the resolution of disputes.
Last modification: 13.09.2022
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