1 - Object

The purpose of these General Terms and Conditions of Use (GTCU) is to define the terms and conditions under which the services of the SWS solution are made available, and the conditions of access and use by the following categories of Users: 

  • Trainers for collective training courses 
  • Training participants 
  • Software managers (administrators) 
  • Human resources managers 
  • RSA beneficiaries being monitored by the department, whether or not financed by the ESF 
  • Departmental advisors responsible for supporting beneficiaries 
  • Referrers from organisations outside the département responsible for supporting these beneficiaries. 

These GCU supplement the legal notices of the SoWeSign solution and the notices relating to the processing of personal data. 

2 - Definitions

For the purposes of these General Terms and Conditions of Use, the terms below have the following definitions: 

  • User: refers to any person who connects to and uses the Solution. 
  • User ID and password: refers to all the information required to identify a User on the Solution. The establishment, identifier and password allow access to services reserved for categories of Users. The password is confidential. 
  • Solution: refers to all the online services accessible 

3 - Conditions for accessing the solution

The Solution can only be accessed via the Internet and requires prior connection to the said network at the Internet address communicated to the Customer. 

The Customer will be solely responsible for his/her connection to the Internet network and all associated costs, in particular telephone communications. 

There are two ways of accessing the Solution:  

The Solution enables its users to access all the functionalities based on user rights defined and configured by a Customer administrator. A detailed description of the Solution's functionalities is available in the user guide provided following contractualisation. 

4 - Acceptance of these GCU

Access to and use of all the services of the Solution are subject to acceptance of these general conditions of use. They constitute the contract between the Solution and the User. 
In the event of non-acceptance of these general conditions of use, the User must renounce access to the services offered by the Solution. 

5 - Rights of use and responsibilities

The right to use the Software is granted by JeSuisEnCours to the Client for the duration of the Contractual Package.  

The Solution must be used in accordance with the stipulations of the Contractual Package, as well as the prescriptions and instructions for use, safety and proper operation contained in the Documentation presented to the Client. 

The user must :  

  • keep their connection details confidential 
  • use the site in accordance with its intended purpose 
  • not attempt to interfere with the proper operation of the site. 

Any use not expressly authorised by JeSuisEnCours under the Contractual Package is unlawful, in accordance with article L.122-6 of the French Intellectual Property Code. 

In particular, the Client is prohibited from : 

  • any form of use of the Solution or Documentation in any way whatsoever for the purposes of designing, producing, distributing or marketing a software package or a similar, equivalent or substitute software package; 
  • any direct or indirect provision of the Solution or Documentation to a third party, in particular by rental, transfer or loan, even free of charge, or to entrust it to any service provider whatsoever in the context of outsourcing, except in the case of prior written agreement from JeSuisEnCours; 
  • any use for processing not authorised by JeSuisEnCours. 

Free comment area :  

The data entered in the free text zones must be adequate, relevant and limited to what is necessary with regard to its objective, namely: to respond to requests in connection with a training action or in connection with the training of a trainee, or to make a report. Any personal assessment or value judgement should be avoided, as should any comment on a person's behaviour or character traits. Information concerning you or other persons must not include data relating to health, religion, political, trade union or philosophical opinions, ethnic origins, sanctions or convictions, or sensitive personal data such as the NIR. SoWeSign and its customers for all sensitive personal information mentioned, particularly in the event of disclosure following a data incident. For any information relating to your data, please contact your supplier's DPO. 

6 - Intellectual property

JeSuisEnCours declares that it holds all the intellectual property rights necessary for the conclusion of the Contractual Ensemble. 

The right of use granted by JeSuisEnCours does not entail any transfer of intellectual property to the Customer. 

As a result, the Customer shall refrain from any act that may have the purpose or effect of directly or indirectly infringing JeSuisEnCours' rights to the Software, which is protected in particular by the Intellectual Property Code. 

7 - Personal data

SoWeSign involves the processing of personal data. This processing is subject to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, which came into force on 25 May 2018 (known as the "European Data Protection Regulation", RGPD); and the French Data Protection Act no. 78-17 of 6 January 1978, as amended. 

This data is processed, stored and secured under the conditions specified in the data protection policy. 

8 - Modifications of the GCU

These GCU may be amended at any time to comply with any new legislation or regulations and to adapt to changes in the Solution and/or its operation. 

The user undertakes to read and accept them. If you do not accept them, you must leave the Solution and stop using it.  

9 - Applicable law

Disputes and appeals arising therefrom concerning the content of the Solution and its use, as well as the interpretation of these General Terms and Conditions of Use (GTCU), shall be settled exclusively by the competent French courts.