Terms of use

In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, known as L.C.E.N., we bring to the attention of users and visitors to the site https://www.vademi.com the following information:

1. Legal information

1.1 Site Editor

Company name: VADEMI

Head office address: 32 Rue Saint Ambroise

Postal code: 77000

City: Melun

Tel: +33185764620

Legal form: SAS

Share capital: €200,000

1.2. Activity

Company registration number: 807 682 232

Intracommunity VAT number: FR94807682232

1.3. Website

The website is hosted on the : https://www.vademi.com

1.4. Person responsible for the publication

Publication manager: Pascal ATSU

Email : vademi@vademi.com

Tel: +33185764620

Company legal representative: Pascal ATSU

Place of jurisdiction in the event of a dispute: Melun

 

 

 

1.5. Agency / Webmaster

Company: SIMPLEBO

Address: 5 Rue Jules Lefebvre

Postal code: 75009

City: Paris

Country: FRANCE

Tel: 01 84 17 49 76

1.6. Hosting

Company: AR@BASE

Address: 1, Rue Huysmans

Postal code: 75 006

City: Paris

Country: France

Phone: +33 85 76 46 25

2. Presentation and principle

The following is referred to as the "User": User, any Internet user connecting to and using the above-mentioned site: https: //www.vademi.com/

VADEMI endeavors to provide the most accurate and up-to-date information possible on the https://www.vademi.com/ website (subject to any changes made since it was put online), but cannot guarantee the accuracy, completeness or timeliness of the information published on its site, whether it is its own fault or that of third-party partners who supply such information. Consequently, the Internet user must check the accuracy of the information and report any modifications to the site that he or she deems useful. VADEMI is in no way responsible for the use made of this information, nor for any direct or indirect prejudice that may result.

3. Accessibility

In principle, the https://www.vademi.com/estsite is accessible to users 24 hours a day, 7 days a week, except in the event of scheduled or unscheduled interruptions required for maintenance or in cases of force majeure. In the event of inability to access the service, VADEMI undertakes to do its utmost to restore access to the service. Being subject only to an obligation of means, VADEMI may not be held liable for any damage whatsoever resulting from the unavailability of the service.

4. Intellectual property

VADEMI is the exclusive owner of all intellectual property rights or holds the rights of use on all the elements accessible on the site, both on the structure and on the texts, images, graphics, logos, icons, sounds, software...

Any reproduction in whole or in part of the https://www.vademi.com/représentationwebsite ,modification, publication, adaptation in whole or in part of any of these elements is forbidden without the prior written authorization of VADEMI. Failure to do so will be considered as counterfeiting and liable to prosecution in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.

5. Hyperlinks and cookies

5.1. Hypertext links

The https://www.vademi.com/ website may contain a number of hypertext links to other sites. VADEMI has no means of controlling the sites linked to its website, and is not responsible for the availability of such external sites and sources, nor does it guarantee them. VADEMI cannot be held responsible for any damage whatsoever resulting from the content of these external sites or sources, and in particular from the information, products or services they offer.

If you navigate to one of these sites, please note that they have their own privacy policies and that our responsibility ends when you leave our site.

Users of the VADEMI website may not set up a hyperlink to this site without the express prior authorization of VADEMI, which reserves the right to accept or refuse a hyperlink without having to justify its decision.

5.2. Cookies

Users are informed that when they visit the https://www.vademi.com/ website, one or more cookies may be automatically installed on their computer via their browser. A cookie is a block of data which does not allow the user to be identified, but which records information relating to the user's browsing on the site. It contains a number of data items that are stored on your computer in a simple text file that a server accesses to read and record information.

You can set your browser to notify you of the presence of cookies and, if necessary, refuse them, as described at the following address: www.cnil.fr.

5.3. Third-party cookies

Our site may contain links to or from partner sites and other third-party sites. If you navigate to one of these sites, please note that they have their own privacy policies and that our responsibility ends when you leave our site. Please check their privacy policies before transmitting your personal data to third-party sites.

6. Protection of people and property - personal data management

The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).

6.1. Persons responsible for the collection of personal data

For Personal Data collected as part of the creation of the User's personal account and browsing on the Site, the party responsible for processing Personal Data is: VADEMI https://www.vademi.com/ is represented by VADEMI, its legal representative.

As the party responsible for processing the data it collects, https://www.vademi.com/ undertakes to comply with the legal provisions in force. In particular, it is the Customer's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the time their consent is collected, with full information on the processing of their personal data, and to maintain an accurate register of processing. Whenever https://www.vademi.com/ processes Personal Data, https://www.vademi.com/ takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://www.vademi.com/ processes it.

6.2. Purpose of data collected

6.2.1. Navigation data

https://www.vademi.com/ may process some or all of the following data:

- to enable the user to browse the site: connection and site usage data

- to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, pages visited, etc.

6.2.2 Form data

- to contact you, at your request, in order to establish a business relationship, thanks to your consent given on the contact form

- to contact you, at your request, to arrange a meeting or introductory interview with a view to employment or collaboration, thanks to your consent given on the Contact/Postulation form

6.2.3 Marketing the data collected

https://www.vademi.com/nedoes not sell your personal data, which is therefore only used for the purposes stated above (6.2.1 and 6.2.2).

6.2.4 Right of access, rectification, deletion, opposition

Existence of the right to ask the data controller for access to personal data, for rectification or erasure of such data, or for a restriction of the processing relating to the data subject, or the right to object to the processing and the right to data portability. To do so, please send an explicit e-mail to the following address: vademi@vademi.com

6.2.5 Shelf life

Shelf life is one year maximum.

6.2.6 Complaints

To exercise your right to lodge a complaint with a supervisory authority, please contact the authority directly (e.g. CNIL: www.cnil.fr or other).

7. Limitation of liability

The information contained on this site is as accurate as possible and the site is periodically updated, but may contain inaccuracies, omissions or gaps. If you notice a gap, error or what appears to be a malfunction, please report it by e-mail, describing the problem as precisely as possible (page causing the problem, action triggering the problem, type of computer and browser used, etc. ). https://www.vademi.com/ cannot be held responsible for any gaps, errors or malfunctions caused.

Any content downloaded is done so at the user's own risk and under his/her sole responsibility. Consequently, https://www.vademi.com/necannot be held responsible for any damage to the user's computer or loss of data resulting from downloading.

https://www.vademi.com/ cannot be held responsible for the hypertext links set up within the framework of this website to other resources on the Internet.

8. About legal notices :

The legal notices defined on this page apply to the entire present website and are subject to change without notice. Users of the site are therefore invited to consult them regularly.

Contents

1. Introduction... 3

2. SCOPE OF APPLICATION . 4

3. Person responsible for data processing. 4

4. What are your rights and how can you exercise them? 4

5. Confidentiality specific to candidate texts. 5

6. For what purposes and on what basis does VADEMI use your personal data? 10

7. For what purposes and on what basis does VADEMI use the personal data of its customers, prospects and partners? 10

8. Retention period for personal data. 11

9. Data sharing. 11

10. Why and how we process your information. 12

11. Types of personal data used. 12

12. Legal basis invoked. 12

13. What guarantees do you have regarding your data? 12

14. What recourse do you have?. 13

15. Contact. 13

16. Protection of personal data. 14

17. What are your rights and how can you exercise them? 14

 

 

 

 

 

1. INTRODUCTION

 

 

This Privacy Policy and Personal Data Protection Policy describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to preserving and protecting your privacy rights.

 

It applies to the personal data of the following categories of persons: 

 

- Candidates, 

- Self-employed workers, 

- Customers,

- Suppliers and third parties, 

- All persons whose Data we Obtain,

- Users of our Website, 

- Former employees 

- and Visitors.

 

If you are :

 

- a member of VADEMI's Personnel, you must refer to the Confidentiality Policy applicable to VADEMI's Personnel, which is available on VADEMI's intranet;

 

- looking for a job within VADEMI, please refer to the Confidentiality Policy for Internal Recruitment.

 

We are subject to applicable data protection legislation including, without limitation, the General Data Protection Regulation (Regulation (EU) 2016/679) (the " GDPR "). Please note that when we refer to the GDPR throughout this Privacy Policy, we are referring to the EU GDPR.

 

It is important to note that we may change this Privacy Policy from time to time.

 

If you do not agree with certain aspects of our Privacy Policy, you may have legal rights. We have described them in this document, where applicable.

 

 

This Privacy and Personal Data Protection Policy provides information about the personal data processed by VADEMI, the purposes and basis of such processing, the sharing of such data with applicants, self-employed workers, customers, suppliers and third parties, all persons from whom we obtain data, users of our website, former employees and visitors, the rights of VADEMI's customers in relation to their data and the security measures put in place by VADEMI to protect such data.

 

 

 

2. SCOPE OF APPLICATION

 

This Policy applies to data collected directly or indirectly as part of VADEMI's services, technical assistance and support, and to data collected via the https://www.vademi.com website.

 

REFERENCE DOCUMENTS

 

 

- VADEMI's Information Systems Security Policy (ISSP)

- The ISO/IEC 27001 international standard

- The international standard ISO/IEC 27002

- RGPD

- DORA

 

3. DATA CONTROLLER

 

VADEMI, 32 Rue Saint Ambroise 77000 Melun, France, is responsible for processing your data. This means that VADEMI determines the purposes and means by which your data is processed.

 

VADEMI has appointed a Data Protection Officer ("DPO") who is your point of contact for any questions or requests relating to the processing of your data. You will find the DPO's contact details below under the heading

 

4. WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

4.1 Origin of processed data

 

VADEMI is an independent company whose DNA is cybersecurity, and whose mission is to offer its customers three types of cybersecurity services: CyberAudits@, CyberGRC®, CyberSOC® (see details in VADEMI's offers).

 

VADEMI collects your data in several ways in the course of its business:

 

4.2. Data supplied by you

 

In the performance of its duties :

 

- This includes personal data that you provide to us when applying for a position or assignment offered by VADEMI, requesting a quote or requesting information;

 

- by subscribing to a newsletter or filling in a contact form on the VADEMI site; to find out about the use of audience measurement "cookies" on this site, please consult the "Legal information" section;

 

- for an appointment at VADEMI: these are the details you must fill in on the visitor registration form;

 

- by entering into a contract with us: this refers to data that you provide to VADEMI within a contractual framework;

 

- as part of a notification of possible breaches of regulations (whistle-blowing): this concerns data, such as your contact details and other data, communicated on this occasion (unless you choose to remain anonymous and are effectively unidentifiable).

 

 

4.3. Data obtained from a third party

 

Data can be obtained from third parties (public administrations, electronic communications operators, etc.).

 

 4.3. Data obtained from a third party

 

5. CONFIDENTIALITY SPECIFIC TO THE CANDIDATE TEXT

 

This section of the Privacy Policy applies to Candidates.

Candidates include persons with whom VADEMI has had no prior contact, but whom VADEMI reasonably believes may be interested in or likely to benefit from VADEMI's services and whose profile is being considered to fill any position advertised or promoted by VADEMI, including permanent, part-time and temporary positions and freelance assignments with VADEMI's Clients (including persons wishing to become Interim Workers). Candidates also include applicants for such positions, as well as persons who have provided VADEMI with a CV as a result of an unsolicited application, unrelated to any particular position, and/or who have contacted VADEMI regarding VADEMI's services and/or positions advertised or promoted by VADEMI. Individual contractors, self-employed individuals and employees of Suppliers who are being considered for positions with VADEMI's Clients as part of an MSP offering or in any other capacity will be treated as Candidates for the purposes of this Privacy Policy.

WHAT TYPE OF PERSONAL INFORMATION DO WE COLLECT?

Would you like to know a little more about the data we collect about you? Here is a more detailed overview of the types of information we may collect. The information described below is, of course, in addition to the personal data we are legally obliged to process in a given situation.

Depending on the relevant circumstances and applicable local laws and requirements, we will collect some or all of the information listed below to enable us to assess how we can help you if we reasonably believe that you may be interested in or could benefit from our services, and to provide you with job offers tailored to your profile and interests.

In some countries, we are restricted from processing some of the data described below. In such cases, we will only process data in these countries to the extent and under the circumstances permitted by law:

• Key identification and contact information
  • Name ;
  • Age/date of birth ;
  • Identification number assigned at birth ;
  • Sex/Gender ;
  • Photography;
  • Marital status ;
  • Nationality/citizenship/place of birth ;
  • Contact details ;
  • Emergency contact details/close relatives and details of dependants;
  • A copy of your driver's license and/or passport/identity card;
• Information on training and career path
  • Training ;
  • Professional experience ;
  • Current job title/specialization/sector of activity ;
  • Skills and languages spoken ;
  • Reference details ;
  • Immigration status (whether or not you need a work permit) ;
  • Start date or availability ;
  • Details of your previous and current compensation, pension and benefit plans;
  • Details of hours worked (once you have taken up your duties) ;
  • Information about your interests and needs concerning your future employment, both directly collected and inferred, for example from job offers you have consulted or articles you have read on our website or by clicking on links contained in e-mails from us;
• Financial information
  • Bank details ;
  • Financial information (when a financial background check is required) ;
  • Social security number (or its equivalent in your country) and other tax information ;
• Special categories of information
  • Details of ethnic origin, sexual orientation, religious or similar beliefs, and physical or mental health, including information relating to disability, in each case for the purposes of diversity monitoring;
  • Sexual orientation (for example, when disclosing details of close relatives) ;
  • Physical or mental health, including information relating to disability to enable us to make reasonable adjustments and information relating to health where we need to use or offer you occupational health services in connection with certain types of employment ;
  • Health information arising from or related to COVID-19 or other pandemics, if required for a position you wish to apply for or volunteer for, such as a test result (whether positive or negative) or vaccination history (including diseases related to or affecting vaccination), if applicable;
  • In certain circumstances, video recordings of Candidates participating in training or meetings where the persons concerned have consented to such recordings;
  • Religious beliefs to calculate annual leave entitlement;
• Data on criminal convictions
  • Information on any criminal convictions if required for a position you wish to apply for;

 

• Automatically collected information
  • IP address ;
  • Useful information, in particular the dates, times and frequency with which you access our services;
  • User choices (e.g. marketing preferences) ;
  • User reports ;
  • Logging and troubleshooting information ;
  • Device information when you install, use or access our services;
  • Website navigation data, e.g. pages consulted, including VADEMI or Customer websites;
  • VADEMI e-mail communication history ;
  • Information about your location (deduced from positions, IP address, application history or data stored in Systems) ;
  • Account access information (e.g. PIN codes for account verification purposes) ;
• Information other people give us about you
  • Additional information about you that your referees choose to share with us;
  • Additional information that our Customers may provide to us about you, or that we obtain from other third-party sources such as job boards (from which you have downloaded information, or which are otherwise made available to us);
  • Information about your interests and needs concerning your future employment, both directly collected and inferred, for example from job offers you have consulted or articles you have read on our website or by clicking on links contained in e-mails from us; and
• Additional information you choose to provide
  • Any other information you may provide to us, including, for example, details of any childcare or care arrangements you make (for example, when you authorise a deduction from the payment of childcare vouchers or when you provide such information on your own initiative) and when you correspond with us by e-mail or otherwise.

Please note that the above list of categories of personal data we collect is not exhaustive.

To the extent that you access our Website or click on any link in an e-mail from us, we will also collect certain data from you. If you would like more information about this, please see the section of this Privacy Policy entitled "Context-Specific Privacy Information" which applies to Users of our Website.

HOW DO WE COLLECT YOUR PERSONAL DATA?

We collect Candidates' personal data in the following ways:

• Personal data provided by you, the Candidate;
• Personal data we receive from other sources; and
• Personal data that we collect automatically.

 

Personal data you provide to us

• VADEMI needs to know certain information about you in order to offer you our services. In this way, we'll be able to offer you the best possible deals, which should save you time, as you won't have to scroll through all the information about jobs that are of no interest to you.
• There are many ways in which you can provide us with your information. These include the following:
  • Enter your details on the VADEMI website or via an application form, as part of the registration process;
  • Submit a paper CV at a recruitment event or trade fair organized by VADEMI or at a VADEMI office;
  • Send your CV or other information by e-mail to a VADEMI consultant or arrange an interview;
  • Submit your application via a job aggregator, which then redirects you to the VADEMI website;
  • Enter your personal information on a VADEMI microsite; or
  • Enter a contest via a social network such as Facebook or Twitter (or a similar platform).
• The types of information we obtain from you in this way include:
  • Main identification and contact details ;
  • Information on training and career path ;
  • Financial information ;
  • Special categories of information ;
  • Data on criminal convictions, and
  • Additional information you choose to give us,

as described in the section entitled "What type of personal information do we collect" above.

Personal data we receive from other sources

• We also receive personal data about Candidates from other sources. Depending on the relevant circumstances and applicable local laws and requirements, this will involve personal data received in the following situations:
  • When we search for Candidates via third-party sources, such as LinkedIn and other job boards, from which we obtain your personal information and/or when we carry out other pre-recruitment activities (please see the section entitled "Pre-recruitment activities" below);
  • Your referees may disclose personal information about you;
  • Our Customers, Suppliers, other Candidates and our colleagues within VADEMI (for example in the context of their recommendation) may communicate personal information about you to us;
  • If we receive your personal information from Facebook or Twitter, if you "like" our Facebook page or "follow" us on Twitter (or engage in similar interaction with us on any social networking platform on which we are present); and
  • If you have been introduced to us by an RPO or MSP service provider, they may provide us with personal information about you.
• The types of information we receive about you include information that other people provide about you described in the section entitled "What type of personal information do we collect?" above.

Personal data we collect automatically

• To the extent that you access our Website or read or click on an e-mail from us, where applicable and in accordance with local laws and requirements, we will also collect your data automatically (e.g. via website tracking scripts such as cookies or pixels) or you will take the initiative to provide it to us. For more information, please refer to the section of this Privacy Policy entitled "Context-Specific Privacy Information" which applies to Users of our Website.
• The types of information we collect about you include the "automatically collected information" described in the section entitled "What type of personal information do we collect?" above.

We generally use Candidate data in five ways:

• Pre-recruitment activities ;
• Recruitment activities ;
• Marketing activities ;
• Equal opportunity control; and
• To help us establish, exercise or defend legal claims.
• In appropriate circumstances, we also use Candidate data for Profiling.

Pre-recruitment activities

• When we conduct pre-recruitment activities, we use your data to determine whether you might be interested in or could benefit from our services, and to determine whether and how we might be able to help you. If we think we can help you, we will use your contact details to get in touch with you and find out if you are interested in our services (usually by e-mail), subject to applicable laws and requirements.
• To do this, we can :
  • Collecting your personal data;
  • Keep your data (and update them if necessary) in our database so that we can contact you about our services;
  • Send you an e-mail to inform you about our processing of your personal data and direct you to this Privacy Policy;
  • Review your information to determine whether and how our services can help you; and
  • Contact us about our services.
• We have set out in more detail below various ways in which we may use and process your personal data to determine whether our services would be beneficial to you, where applicable and in accordance with local laws and requirements. Please note that this list is not exhaustive.
• In most cases, we will use your personal data for the purposes mentioned below if we deem it necessary to serve our legitimate interests. Article 6(1)(f) of the GDPR states that we may process your data where such processing "is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, unless [your] interests or [your] fundamental rights and freedoms which require the protection of personal data prevail".
• We do not believe that any of the activities for which we rely on the legal basis of legitimate interest prejudice Candidates in any way. You do, however, have the right to object to us processing your personal data on this basis. If you would like to know more about how to do this, please see the section entitled "How can you access, modify or retrieve the personal data you have provided to us?" in the General Privacy Information section of this Privacy Policy.

 

6. FOR WHAT PURPOSES AND ON WHAT BASIS DOES VADEMI USE YOUR PERSONAL DATA?

 

VADEMI collects, stores and uses the following data:

 

 

- For the purposes of complying with a legal obligation to which VADEMI is subject or with other duties devolved upon it by any other provision of national or European law and for the purposes of carrying out its duties as a Digital Service Provider with which it is entrusted;

 

- Based on your consent ;

 

- On the basis of pre-contractual measures or the execution of a contract that VADEMI has concluded with you or with the person for whom you work, in order to provide us with all the information necessary to make the decision to conclude a contract or in order to be able to communicate with you in the context of the provision of services;

 

- Legal administrative declarations ;

 

- Payment of supplier invoices ;

 

- Human resources management in the context of subcontracting ;

 

- Supplier and service provider management ;

 

- Cookie management ;

 

7. FOR WHAT PURPOSES AND ON WHAT BASIS DOES VADEMI USE THE PERSONAL DATA OF ITS CUSTOMERS, PROSPECTS AND PARTNERS?

 

VADEMI collects, stores and uses the data of its customers, prospects and partners:

 

- For the purposes of complying with a legal obligation to which VADEMI is subject;

 

- Based on the consent of customers, prospects and partners;

 

- On the basis of pre-contractual measures or the performance of a contract that VADEMI has entered into with customers, prospects or partners in order to provide us with all the information necessary to make the decision to enter into a contract or in order to be able to communicate with you in connection with the provision of services;

 

- administrative acts ;

 

- quote,

 

- invoicing ;

 

- contact or quote request forms ;

 

- appointment form ;

 

- candidate selection and human resources management ;

 

- customer and prospect management ;

 

- supplier and service provider management ;

 

- management of the internal data retention system

 

8. RETENTION PERIOD FOR PERSONAL DATA

 

VADEMI retains the data collected for the time strictly necessary for the purpose of the processing and within the limits set by European and national legislation if it authorizes longer retention.

 

For example, data collected in connection with the licensing and monitoring of market players and asset managers is kept for 10 years after the end of the activity.

 

9. DATA SHARING

 

VADEMI processes data solely for the specific purposes for which it was collected or for purposes compatible therewith, in accordance with the rules governing the further processing of data laid down in European and national regulations on the protection of personal data. Under no circumstances will the data collected be used for commercial purposes.

 

VADEMI may share your data :

 

 

- to report a crime or misdemeanor of which it has knowledge to the Procureur de la République, pursuant to article L. 621-20-1 of the French Monetary and Financial Code;

 

- to respond to a request from a judicial authority acting in the context of criminal proceedings;

 

- in the context of administrative or judicial appeals against VADEMI's acts or decisions

 

10. WHY AND HOW WE PROCESS YOUR INFORMATION

 

 

Collect and process data in connection with recruitment services and to the extent necessary to determine whether you might be interested in or benefit from recruitment services, including by:

 

- collecting data from Candidates and other sources, such as LinkedIn

- storing Candidate contact details in databases

- evaluating data in relation to vacancies

 

Collect and process your data as part of our review of your information to determine how VADEMI's recruitment services can help you

 

Collect and process your data for the purpose of communicating with you in connection with VADEMI's recruitment services

 

11. TYPES OF PERSONAL DATA USED

 

- Key identification and contact information

- Information on training and career path

- Additional information you choose to provide

- Information other people give us about you

- Automatically collected information

- Key identification and contact information

- Additional information you choose to provide

- Key identification and contact information

- Additional information you choose to provide

 

12. LEGAL BASIS INVOKED

 

Legitimate interest, i.e. it is in our interest and yours to determine whether you are likely to be interested in or benefit from our recruitment services

Legitimate interest, i.e. it is in our interest and yours that we know how we can help you in your job search

Legitimate interest, i.e. it is in our interest and yours for us to contact and communicate with you in the course of providing our recruitment services.

 

13. WHAT GUARANTEES DO YOU HAVE REGARDING YOUR DATA?

 

With regard to personal data stored by VADEMI, you have the right to be informed by VADEMI about the processing of your personal data, to access them, to rectify any personal data that is inaccurate or incomplete, and to request their erasure, the limitation of their processing, or to object to their processing by sending a written request to :

 

- by post: VADEMI - Data Protection Officer - 32 Rue Saint Ambroise 77000 Melun, France

- By e-mail to: rgdp@vademi.com

 

However, due to the sensitive nature of our assignments and the professional secrecy to which we are bound, these guarantees may be restricted in certain situations, in particular when they are likely to compromise the purposes of the processing concerned (Article 14, 5, b of the RGPD Regulation), when they undermine the professional secrecy to which VADEMI is subject (Article 14, 5, d of the RGPD Regulation and Articles L. 621-4) or when they compromise our activities. In each case, VADEMI will assess whether the restriction made is appropriate. The restriction brought will have to be necessary and provided for by law, and will only be maintained as long as the reason founding the restriction remains.

 

14. WHAT RECOURSE DO YOU HAVE?

 

 

If you believe that your personal data has not been used in accordance with these guarantees, you may lodge a complaint with the authority that transferred the data, the authority receiving the data, or both. To do so, please contact VADEMI's Data Protection Officer, whose contact details are given below.

 

In this case, the authorities concerned will endeavour to settle the claim or dispute amicably as soon as possible. Should the dispute remain unresolved, other means may be used to resolve it, unless the claim is manifestly unfounded or excessive. These means include, in particular, participation in mediation or other non-binding dispute resolution procedures initiated by the individual or the authority concerned.

 

 

If the dispute is not resolved through cooperation between the authorities, mediation or other non-binding dispute resolution procedures, and VADEMI believes that the receiving authority has not acted in accordance with the safeguards set out in the Administrative Arrangement, it will, in accordance with the Administrative Arrangement, suspend the transfer of personal data to that authority until it believes that the issue raised has been satisfactorily resolved by the receiving authority and will inform you accordingly.

 

15. CONTACT

 

If you have any questions or require information about these remedies, please contact VADEMI :

 

 

- by post: VADEMI - Data Protection Officer - 32 Rue Saint Ambroise 77000 Melun, France

 

- By e-mail to: rgdp@vademi.com

 

16. PROTECTION OF PERSONAL DATA

 

VADEMI implements technical and organizational security measures to protect your data and prevent any accidental or unlawful destruction, loss, alteration or modification, as well as any unauthorized access or disclosure.

 

In application of the RGPD, VADEMI's staff and employees are bound by professional secrecy and may not disclose to any person or authority whatsoever any confidential information of which they have become aware (subject, however, to the exceptions mentioned in the answer to the question "With whom do we share your data?" in this Policy).

 

 

In addition, the AMF requires its service providers processing data on its behalf to take the necessary security measures.

 

17. WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

 

Under the RGPD Regulation, you have the rights set out in Articles 12 to 21 of the RGPD Regulation.

 

However, due to the sensitive nature of our missions and the professional secrecy to which we are bound, exercising these rights is likely to compromise the purposes of the processing concerned.

 

Also, your guarantees may be limited in certain situations in accordance with Article 14, 5, b) and d) of the RGPD Regulation, Article 48 of the French Data Protection Act and Articles L. 621-4, for example for reasons of professional secrecy or the proper conduct of an investigation. Apart from these cases, you may at any time exercise your right of access to personal information concerning you, in order to complete, modify, rectify, erase it or oppose its processing for legitimate reasons in accordance with applicable data protection laws.

 

 

In addition, you may sometimes request that the processing of your data be restricted and, in certain cases, you may ask us to transfer your data to you (if this is technically possible and within the limits of VADEMI's professional secrecy) or to pass it on to another data controller.

 

 

 

 

 

 

Where the processing of your data is based on consent, you have the right to withdraw your consent at any time. Such withdrawal has no effect on the validity of the data processing carried out prior to the withdrawal.

 

If you wish to exercise these rights, you must send a request with a copy of your identity card, passport or any other form of identification:

 

- by post: VADEMI - Data Protection Officer - 32 Rue Saint Ambroise 77000 Melun, France

 

- By e-mail to: rgdp@vademi.com

 

 

We ask you for proof of your identity to ensure that we respect your data and do not send it to a third party.

 

If you contact us to exercise your rights, we will inform you within one month of receiving your request of the action taken. If necessary, this period may be extended by two months, taking into account the complexity and number of requests (Article 12, 3 of the RGPD Regulation). In this case, we will inform you within one month of receiving your request. We reserve the right not to respond to manifestly unfounded or excessive requests. Your request will be kept for as long as any recourse is possible.

 

 

At any time, if you consider that your rights have not been respected, you can also lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL).

 

 

 

Appendix 1 SPECIFIC CLAUSES - ARTICLE 28 OF THE RGPD LAW BETWEEN VADEMI AND ITS CUSTOMERS - CYBERSECURITY SERVICES

 

 

A.1.1. Purpose of the specific clause

This appendix defines the conditions under which VADEMI undertakes to process personal data on behalf of its customers, the data controller.

 

As part of the contractual relationship between VADEMI and its customers, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as of 25 May 2018 (hereinafter, "the European Data Protection Regulation").

 

A.1.2. Description of outsourced processing

VADEMI is authorized to process on behalf of the controller the personal data necessary to provide the following service(s):

 

- Security incident response reports ;

- DPMS (Data Protection Management System): traces and logs of information collected as part of incident response (preservation of post-incident security evidence, technical cybersecurity audit reports);

 

- Cybersecurity Technical Audit Reports :

o Intrusion Test Audit

o Configuration audit

o Architecture audit

o Recognition audit

o Source code audit

 

The nature of the operations carried out on the data is the recording in our SGPD within the framework of the conservation of evidence for forensic analyses or in the event of need of the competent authorities within the framework of various investigations. 

 

The purposes of the processing are :

 

- Retention of security incident data, incident response data, audit data, traces and evidence from customer security incidents.

 

The personal data processed are :

 

- First and last names linked to directory accounts

- First and last names linked to e-mail accounts

- First and last names linked to application accounts 

- IP addresses

- All personal data collected by VADEMI from its customers

The categories of persons concerned are :

 

- Auditors from the service provider's company ;

- Customer's DPO ;

- DPO VADEMI ;

- Server administrator at VADEMI

 

 

 

 

 

For the performance of the service covered by these clauses, the controller provides the processor with the following information:

 

- Architectural file

- Architecture diagram

- Asset IP addresses

- Infrastructure name

 

A.1.3. Contract duration

This appendix is indexed to the service contract proposed by VADEMI for a period of three years, renewable by tacit agreement.

 

A.1.3.1. VADEMI's obligations to the customer

VADEMI undertakes to :

 

- process data solely for the purpose(s) for which it is outsourced

- process the data in accordance with the data controller's documented instructions appended to this contract. If the processor considers that an instruction constitutes a breach of the European Data Protection Regulation or any other provision of Union or Member State law relating to data protection, it shall immediately inform the controller. In addition, if the processor is obliged to transfer data to a third country or to an international organization, by virtue of Union law or the law of the Member State to which it is subject, it must inform the controller of this legal obligation prior to processing, unless the law concerned prohibits such information on important grounds of public interest.

- guarantee the confidentiality of personal data processed under this contract

- ensure that the persons authorized to process personal data under this contract :

o are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality

o receive the necessary training in the protection of personal data

- take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default

 

 

A.1.3.2. General authorization for subcontracting

VADEMI may call on the services of another subcontractor (hereinafter referred to as "the subcontractor").

The data controller may also use the "subsequent processing" function to carry out specific processing activities. In this case, it informs

The data controller must inform the customer in writing in advance of any planned changes concerning the addition or replacement of other subcontractors. This information must clearly indicate the subcontracted processing activities, the identity and contact details of the subcontractor and the dates of the subcontract. The data controller has at least three months from the date of receipt of this information to present his objections. Subcontracting may only be carried out if the data controller has not raised any objections within the agreed period.

 

 

A.1.3.3. Data subjects' right to information

It is up to the data controller to provide information to the persons concerned.

concerned by the processing operations at the time of data collection.

 

A.1.3.4. Exercising individual rights

Wherever possible, the processor must help the controller to

fulfill its obligation to respond to requests to exercise the rights of the

persons concerned :

 

- right of access,

- for rectification,

- and opposition,

- right to restrict processing,

- right to data portability,

- the right not to be the subject of an automated individual decision (including profiling).

 

Where data subjects make requests to the Data Controller to exercise their rights, the Data Controller must send these requests as soon as they are received by e-mail to rgpd@vademi.com or by post to : VADEMI - Délégué à la protection des données - 32 Rue Saint Ambroise 77000 Melun.

 

 

 

A.1.3.5. Notification of personal data breaches

The processor shall notify the data controller of any personal data breach within a maximum of 48 hours of becoming aware of it, by the following means: e-mail notification. This notification shall be accompanied by any useful documentation to enable the data controller, if necessary, to notify the breach to the competent supervisory authority.

 

With the consent of the controller, the processor notifies the competent supervisory authority (the CNIL), in the name and on behalf of the controller, of personal data breaches as soon as possible and, if possible, no later than 72 hours after becoming aware of them, unless the breach in question is unlikely to give rise to a risk to the rights and freedoms of natural persons.

 

The notification shall contain at least :

 

- a description of the nature of the personal data breach including, if possible, the categories and approximate number of persons affected by the breach and the categories and approximate number of personal data records affected;

- the name and contact details of the data protection officer or other point of contact from whom further information can be obtained;

- a description of the likely consequences of the personal data breach;

- a description of the measures taken or proposed to be taken by the controller to remedy the personal data breach, including, where appropriate, measures to mitigate any negative consequences.

If, and insofar as, it is not possible to provide all this information at the same time, the information may be provided in instalments without undue delay.

With the consent of the controller, the processor communicates, in the name and on behalf of the controller, the personal data breach to the data subject as soon as possible, where the breach is likely to result in a high risk to the rights and freedoms of an individual.

The communication to the data subject shall describe, in clear and simple terms, the nature of the personal data breach and shall contain at least the following information

- a description of the nature of the personal data breach including, if possible, the categories and approximate number of persons affected by the breach and the categories and approximate number of personal data records affected;

- the name and contact details of the data protection officer or other point of contact from whom further information can be obtained;

- a description of the likely consequences of the personal data breach;

- a description of the measures taken or proposed to be taken by the controller to remedy the personal data breach, including, where appropriate, measures to mitigate any negative consequences.

 

A.1.3.6. Assisting the processor in complying with the controller's obligations

The processor assists the data controller in carrying out data protection impact assessments.

The processor assists the data controller in carrying out the consultation

of the supervisory authority.

 

A.1.3.7. Safety measures

The subcontractor undertakes to implement the following security measures:

[Describe the technical and organizational measures to guarantee a high level of security

adapted to the risk, including

- pseudonymization and encryption of personal data

- the means to guarantee the confidentiality, integrity, availability and resilience of processing systems and services;

- the means to restore availability and access to personal data within an appropriate timeframe in the event of a physical or technical incident;

- a procedure for regularly testing, analyzing and evaluating the effectiveness of technical and organizational measures to ensure the security of processing

The subcontractor undertakes to implement the security measures stipulated by ANSSI and best practices in information systems security.

Insofar as Article 32 of the European Data Protection Regulation stipulates that the implementation of security measures is the responsibility of both the controller and the processor, it is recommended that the responsibilities of each party with regard to the measures to be implemented be precisely determined.

 

 

A.1.3.8. Fate of data

On completion of the services relating to the processing of such data, the subcontractor undertakes to :

- destroy all personal data or

- return all personal data to the data controller, or

- to return personal data to the processor appointed by the controller

The return must be accompanied by the destruction of all existing copies in the

subcontractor's information systems. Once destroyed, the subcontractor must justify the destruction in writing.

 

A.1.3.9. Data Protection Officer

The Processor shall communicate to the Data Controller the name and contact details of its Data Protection Officer, if it has appointed one in accordance with Article 37 of the European Data Protection Regulation.

 

A.1.3.10. Register of categories of processing activities

The subcontractor declares that it keeps a written record of all categories of

processing carried out on behalf of the controller, including :

- the name and contact details of the data controller on whose behalf it is acting, of any subcontractors and, where applicable, of the data protection officer;

- the categories of processing carried out on behalf of the controller;

- where applicable, transfers of personal data to a third country or to an international organization, including the identification of such third country or international organization and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the European Data Protection Regulation, documents attesting to the existence of appropriate safeguards wherever possible, a general description of technical and organizational security measures, including inter alia, as appropriate :

o pseudonymization and encryption of personal data;

o the means to guarantee the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

o means to restore availability and access to personal data within an appropriate timeframe in the event of a physical or technical incident;

o a procedure for regularly testing, analyzing and evaluating the effectiveness of technical and organizational measures to ensure the security of processing.

A.1.3.11. Documentation

The processor provides the controller with the following documentation

necessary to demonstrate compliance with all its obligations and to enable

carrying out audits, including inspections, by the controller or another auditor appointed by the controller, and contributing to these audits.

 

A.1.4. Obligations of the controller towards the processor

The data controller undertakes to:

 

- provide the data referred to in II of these clauses to the subcontractor

- document in writing all instructions concerning data processing by the processor

- ensure, beforehand and throughout the processing period, that the processor complies with the obligations set out in the European Data Protection Regulation

- supervise processing, including carrying out audits and inspections of the processor

 

END OF SPECIFIC CLAUSES

 

END OF DOCUMENT

VADEMI reserves the right to update these terms and conditions at any time. The latest version of these terms and conditions can be viewed on the https://www.vademi.com/cvg-formation website.

1. Overview and scope :

These General Terms and Conditions of Sale (hereinafter the "GTCS") apply to all orders placed with a company in the VADEMI Group (hereinafter "VADEMI"), by an individual or legal entity acting in the course of its commercial, industrial, craft or liberal profession activity, (hereinafter the "Customer"). VADEMI is a state-recognized professional training organization under the number 11770891777 whose head office is located at 32 Rue Saint Ambroise 77 000 Melun. By placing an order, the Customer declares that he/she is fully aware of and accepts these General Terms and Conditions of Sale. Unless expressly waived by VADEMI, these terms and conditions take precedence over any other customer document, and in particular over any other general terms and conditions of purchase by the customer, and may only be modified by Special Terms and Conditions previously and expressly accepted in writing.

These GTS apply to the relationship between VADEMI and the customer (hereinafter individually the "Party" or collectively the "Parties") and to all their successors or assignees, it being expressly agreed by the Parties that they may not assign or delegate their rights or obligations hereunder (other than those expressly permitted hereunder) to any third party without the prior written consent of the other Party. The fact that VADEMI does not invoke one of the provisions of the GTS, or acquiesces in the temporary or permanent non-execution of one of these provisions, cannot be considered as a waiver of its application. If any clause of the GTS is declared null and void, it will be deemed unwritten, but this will not render the GTS null and void.

These General Terms and Conditions apply to all services that may be provided by VADEMI (hereinafter the "Service(s)"), as part of the following set of Services (hereinafter the "Service Offer"): public training sessions, taken from the VADEMI catalog and available on the VADEMI website, held on premises made available by VADEMI or in distance learning classes (hereinafter referred to as "inter-company training") ; training sessions based on courses from the VADEMI catalog or custom-designed courses, individual or team coaching, consulting and pedagogical engineering assignments, or professional retraining programs (recruitment and training), in particular via the Individual Operational Employment Preparation program (hereinafter "POEI"), all carried out for a specific Customer, on premises made available by VADEMI, by the Customer or in a remote classroom (hereinafter "intra-company training"); or learning solutions accessible on a secure online platform, including standard or customized courses or e-learning paths, with certification or tutoring if required (hereinafter "Digital learning"). The VADEMI offer can be accessed at https://www.vademi.com. The Customer guarantees compliance with these GTS by all its employees concerned by this Service (hereinafter the "Participants").

2. General provisions applicable to the "Service Offer" :

2.1 Order For each new order, the customer must provide VADEMI with an order form containing at least the following invoicing details: the surname, first name, e-mail address and signature of the training manager or the person designated by the customer, as well as the customer's company stamp, the invoicing address and, where applicable, the details of any third-party payers (Opérateur de Compétences, hereinafter the "OPCO", or any other funding body). When placing an order, VADEMI may also ask the Customer for the surname, first name and e-mail address of each Participant, or any other information required for the proper organization of the Event. All orders are firm and final. An acknowledgement of receipt of the order is sent to the Customer no later than the day following the day of receipt.

2.2 Pricing Price: the price of training courses is that in force at the time the order is issued, any discount previously granted being liable to be modified for each new order. Prices are quoted in euros, exclusive of VAT, and include the current rate of VAT.

2.3 Invoicing Payment: Unless otherwise agreed, payment must be made by the customer within 30 days of the invoice date at the latest. Payment is accepted by cheque, bank or postal transfer. No additional discount will be applied if payment is made before the due date. VADEMI reserves the right to request prepayment: payment will then be requested from the customer prior to the start of the session, by bank transfer (received no later than 48 hours before the start of the session) or by cheque made payable to VADEMI (received no later than 3 weeks before the start of the course). Unless otherwise stipulated, payment for courses leading to a certificate or diploma must be made in full (i.e. for all component courses) before the start of the course.

2.3.1 Multiple billing request Multiple invoicing: the customer must send VADEMI the invoicing details, together with signed and initialled contracts and appendices, for each of the companies taking part in the session. Any introduction of a specific management procedure, such as the use of a payment portal, may be subject to additional invoicing. Each Service will be invoiced separately, in lieu of a simplified Training Agreement. In addition, a handling fee of 30 euros (excl. VAT) will be charged for each additional invoice. 

2.3.2 Request for payment by a third party (OPCO, other paying body or any other third party), in whole or in part: it is the Customer's responsibility to obtain confirmation that the chosen Service will be paid for by this third party. In the event of subrogation of payment, the corresponding invoice will be sent directly to this third party by VADEMI. In the event of a lack of response, refusal to accept responsibility or non-payment of costs relating to a VADEMI Service by this third party (in whole or in part), the Customer will be invoiced for the corresponding amount, plus any late payment penalties mentioned below.

2.4 Non-payment: in the event of late payment or non-payment by the customer of the sums invoiced by VADEMI for a Service, VADEMI reserves the right to refuse any new order from the customer and to suspend the execution of its own obligations until the customer's debit account has been cleared, without this being of such a nature as to engage the responsibility of VADEMI or without the customer being able to claim to benefit from a credit note or a possible reimbursement in respect of the Service which would be suspended as a result of this incident. Any sum unpaid by the Customer on its due date will be increased by late payment penalties equal to 3 times the legal interest rate in force on the date of the Customer's order and calculated from the payment date shown on the invoice, or failing this, from the date of completion of the Service. In addition to these penalties, a flat-rate indemnity for collection costs of 40 euros (excl. VAT) will be added. These penalties and this indemnity will be payable ipso jure, without the need for a reminder, and without prejudice to the reimbursement of all costs incurred by the contentious recovery of sums due, including the fees of legal officers or auxiliaries.

2.5 Force majeure Force majeure: VADEMI may not be held liable to the customer in the event of non-performance of its obligations resulting from an event of force majeure. The following are considered to be cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of the Courts and Tribunals of the location of the registered office of the subsidiary of the VADEMI group involved, and without this list being restrictive: illness, accident, failure to obtain visas, work permits or other permits affecting the trainer scheduled for the session, incidents affecting transport networks (notably rail or air) of such a nature as to prevent VADEMI personnel and/or the trainer concerned from reaching the location scheduled for the training session, labor disputes internal or external to VADEMI, laws or regulations introduced subsequent to the signing of the order form, natural disasters, fires, interruption of telecommunications, energy supply or communications of any kind, or any other circumstance beyond the reasonable control of VADEMI.

2.6 Intellectual property : all teaching aids provided by VADEMI as part of its Services are original works for which VADEMI remains guarantor of the intellectual property, whatever the form (paper or digital). VADEMI also guarantees the intellectual property of all its tools, methods and know-how developed prior to or during the performance of its Services for the Customer. As such, they are protected by the legal provisions governing intellectual property, copyright and author's rights. Any reproduction, modification or disclosure to third parties of all or part of these elements, in any form whatsoever, without the prior written consent of VADEMI is strictly forbidden, under penalty of legal action. The customer undertakes not to compete with VADEMI by transferring or communicating these elements, in particular for commercial purposes. Payment by the customer for the Service delivered by VADEMI strictly does not transfer any intellectual property rights to these media. Only a personal and individual right of use is granted to the Participants benefiting from the Service.

2.7 Liability : VADEMI undertakes to perform its Services within the framework of an obligation of means. The customer, as a professional, is solely responsible for consulting and choosing the Service ordered from VADEMI. VADEMI is not responsible for the objects and personal effects of training participants, nor for any damage that may be caused to equipment used by participants. VADEMI may only be held liable in the event of fault, proven negligence or improper performance of its Services, and shall be limited to direct damage suffered by the Customer, to the exclusion of any damage, immaterial or indirect, consequential or otherwise, caused by improper performance of its Services, such as commercial or financial loss, loss of clientele, loss of brand image, loss of profit, loss of orders, any commercial disturbance whatsoever, total or partial loss or destruction of the Customer's data or files, as well as any action by third parties. Without prejudice to the foregoing, VADEMI's liability, in the event that it is retained in respect of its Services, is expressly limited to the price actually paid by the Customer for the Service concerned.

2.8 Confidentiality : The Parties undertake to keep confidential all information and documents concerning the other Party, whether of an economic, technical or commercial nature, to which they may have access during the performance of the contract or during exchanges prior to the conclusion of the contract, in particular all information contained in the commercial and financial proposal sent by VADEMI to the Customer. VADEMI may communicate to its affiliates, partners or suppliers, the information transmitted by the customer, including information concerning the Participants, if and only if this information is necessary to carry out the Service ordered by the customer. Furthermore, VADEMI undertakes not to communicate this information to other third parties.

2.9 Personal data / RGPD: In accordance with the amended French Data Protection Act No. 78-17 of January 6, 1978, and the European Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD: General Data Protection Regulation), the Customer has the right to access, rectify, delete, oppose, limit and, where applicable, port data concerning him or her. The purpose for which personal data is processed is set out in the Personal Data Protection Policy available on the VADEMI website at https://www.vademi.com/mentions-legales#politique-de-confidentialite_2561996. Personal data is kept for the time strictly necessary to achieve the purposes set out at the above address. The Customer undertakes to inform each Participant that personal data concerning him or her may be collected and processed as part of the follow-up and validation of his or her training course, and that he or she has the right to access, rectify, delete, oppose, limit and, where applicable, port the data concerning him or her by simple request by email to rgpd@vademi.com. VADEMI and its training partners undertake not to record any training sequences, except where justified by specific needs (simulation exercises, online certification exams, etc.), and not to keep any digital, video or audio trace of them. Reciprocally, the Customer undertakes that the Participants will not keep any digital, video or audio trace of the session. More generally, VADEMI undertakes to take all necessary steps to protect access to its premises, its information systems and the data of the Customer and all Participants.

2.10 Internet usage rules : The Customer and/or Participant who connects to the Internet during a VADEMI training course via the equipment provided by VADEMI or via his/her own equipment declares that he/she is aware of and accepts the characteristics and limits of the Internet. In particular, he/she acknowledges : that he/she alone is responsible for the use he/she makes of the means of connection to the Internet made available; that the communication of his/her identification elements is made under his/her own responsibility, it being hereby specified that these elements are confidential, personal, non-transferable and non-transmissible; that he/she is aware of the nature of the Internet (technical performance, response time for querying or consulting); in the event of use of their own equipment, that it is their responsibility to ensure that the technical characteristics of their computer, tablet or other access device enable them to correctly access the services offered by VADEMI; that it is their responsibility to take appropriate measures to protect and safeguard their own data and software from contamination by any viruses that may be circulating on the Internet. The customer is responsible for the use he makes of the e-learning platform made available by VADEMI in the context of a training service, and undertakes to comply with the rules and procedures made available to him for access to the resources made available in this context. Consequently, VADEMI accepts no liability for any direct or indirect damage arising from the use of the site and/or the Internet.

2.11 Communication: Neither Party may use or reproduce the trademarks, names or logos of the other Party without its prior written consent. VADEMI may, however, use or reproduce the trademarks, names or logos of the Customer by way of reference (i) for the purposes of the Service, in particular on reports produced for the Customer and (ii) for marketing purposes on all VADEMI promotional media, including its Internet sites, which the Customer expressly accepts by accepting these GCS.

 

 

 

2.12 Non-solicitation : The Customer undertakes not to solicit, by any means whatsoever, directly or indirectly, and/or recruit the VADEMI trainer who has carried out the Service ordered from VADEMI, for a period of 12 months following the end of the Service. The Customer also undertakes not to recruit, nor to employ in any way whatsoever, directly or indirectly, any employee assigned by VADEMI to the performance of this Service, even temporarily or partially, during the 12 months following the end of this Service, and this, even if the solicitation comes from the said employee.

2.13 Nullity of any provision: The nullity or unenforceability of any provision of these GTCS shall not affect the validity or enforceability of the remaining provisions of these GTCS, which shall remain in full force and effect unless such nullity or unenforceability deprives the Customer of the benefit of the essential provisions to which it is entitled under these GTCS.

2.14 Applicable law / Jurisdiction : these GTC are subject to the law of the place of the registered office of the VADEMI group subsidiary concerned by the order, as are all relations between VADEMI and the customer. In the event of a dispute relating to the interpretation or execution of their agreements, the parties shall seek an amicable settlement before taking any legal action, and shall provide each other with all necessary information for this purpose. Failing amicable settlement of the dispute within a maximum period of 3 months, in the event of a dispute of any nature whatsoever or of a dispute relating to the formation or performance of the order, the court of the location of the registered office of the VADEMI Group subsidiary involved shall have sole jurisdiction. This clause shall apply even in the event of summary proceedings, incidental claims, multiple defendants or warranty claims, and regardless of the method and terms of payment, without any jurisdictional clauses that may exist in customer documents being an obstacle to the application of this clause.

2.15 Contact / Complaints : Any complaint may be addressed to our customer service department by email at reclamation@vademi.com or by telephone to our head office on +33 (0)1 85 76 46 20 and will be transferred to the relevant department within 24 hours.

3. Provisions applicable to "inter-company" or "intra-company" training courses

3.1 General provisions

3.1.1 Contractual documents : an invitation with practical details of the training course is sent to Participants 2 to 3 weeks before the start of the session (barring exceptional technical or administrative difficulties). If the period before the start of the session is too short, or if the Participant's e-mail address is invalid, the invitation may be sent by e-mail or fax to the training manager designated by the Customer. VADEMI provides the Customer with the attendance sheet and certificate, as well as any other document attesting to the completion of the Service, generally within 15 days of the end of the session (for distance learning classes: available within 2 to 5 days).

3.1.2 Organization of the Service: VADEMI is in charge of implementing the Event. As such, VADEMI is free to define the location and duration of the Event, as well as the teaching methods and tools to be used. Participants in a VADEMI session are required to respect the rules and regulations in force, and it is the customer's responsibility to remind them of this principle. In the event of training taking place at the customer's premises, whether face-to-face or remote, it is the customer's responsibility to check that the tools and equipment required for the Service are working properly.

3.1.3 Teaching aids and prerequisites :

- teaching resources: the resources used by VADEMI are mainly course materials, case studies, practical application exercises and answer keys for practical training courses. These elements are made available to the Participant in digital and/or paper format, at VADEMI's discretion.

- prerequisites and pedagogical objectives: the customer must check that the program is in line with its own objectives, or ask VADEMI to provide an optional pedagogical engineering service for this purpose. It is also the customer's responsibility to validate with each Participant the prerequisites required to follow the training course, as presented in the current catalog or on the website. VADEMI may in no way be held responsible for the consequences of failure to comply with these conditions. If necessary, VADEMI reserves the right to postpone or cancel a session. In this case, the costs incurred by VADEMI will be payable by the customer as a lump-sum indemnity.

- technical prerequisites: for distance learning classes, the Participant is required to comply with certain technical prerequisites imposed by VADEMI. These pre-requisites are reminded in the invitation to the training session, sent at least one week before the session. For all certification courses, specific technical prerequisites may be imposed by certifying bodies. VADEMI can provide technical support services on request.

3.1.4 Postponement and cancellation at the customer's initiative :

Any request to postpone or cancel an intra-company training session or participation in an inter-company training session must be communicated to VADEMI in writing. This request only becomes effective once VADEMI has confirmed that it has been taken into account. In all cases, 100% of non-refundable costs already incurred by VADEMI (scoping, preparation, transport, visas, exams, etc.) will be invoiced, as well as compensatory allowances under the following conditions:

- at least 15 working days before the start of the session: no compensation;  

- less than 15 working days and at least 10 working days before the start of the session: 40% of the fees relating to the session;

- less than 10 working days and at least 5 working days before the start of the session: 60% of the fees relating to the session;

- less than 5 working days before the start of the session: 80% of session fees.

These compensatory payments also apply if the customer cancels following a refusal to pay by a third-party financer.

3.1.5 Support and quality assessment :

- support: a training consultant is available to advise customers on the choice of VADEMI programs best suited to their employees' objectives. Training quality is systematically monitored through regular contact (satisfaction assessment, analysis of future needs, presentation of new courses, etc.). For training courses held in remote classroom format, a telephone hotline is available during the course for technical questions. Contact details are specified on the training invitation e-mail.

- assessment of skills acquired: the system implemented is based on the Participant's self-assessment via an ad hoc form filled in at the beginning and end of the training course, based on the pedagogical objectives. This enables participants to take responsibility for their own training, by clarifying their objectives and assessing their own progress. This assessment is validated by the trainer on the basis of the exercises and case studies carried out throughout the course and the participant's commitment. For certification courses, specific tools are put in place to measure the Participant's degree of preparation: a certification exam, a mock exam, a case study and/or any form of oral or written evaluation.

- Satisfaction assessment: at the end of each session, VADEMI provides participants with a questionnaire to assess their satisfaction with the entire program. Through this evaluation, VADEMI ensures that the training provided complies with the specifications set out in the agreement. In the event of non-compliance, VADEMI undertakes to propose appropriate corrective action.

3.2 Specific provisions for "inter-company" training courses

3.2.1 Pricing : The price of the training course covers the costs of facilitation as well as the provision of a course support per participant, in any form whatsoever. It does not include the cost of transport, accommodation or meals for participants in these sessions. VADEMI reserves the right to readjust its prices at any time, should this prove necessary (in view of changes in industry prices or training costs). In the event of contradiction between several prices displayed, the applicable public rate is that displayed on the website of the local subsidiary of the VADEMI group concerned by the order, on the day the quotation is issued.

3.2.2 Registration and organization : All registrations must be the subject of a written order sent by the Customer to VADEMI by e-mail, post, fax or via the Customer Area accessible on the www.VADEMI.com website. For each order, VADEMI sends the customer a training agreement, to formalize the terms of the Service ordered, generally within 1 to 2 days of the registration request being processed. In addition to the Customer billing information mentioned in article 2.1, it must mention for each Participant his/her surname, first name, professional e-mail address, the title of the training course, and the date and location of the desired session. A maximum number of Participants is defined in order to guarantee the highest level of training quality. When this threshold is reached, new registration requests cease to be accepted for the session concerned. VADEMI reserves the right to transform a face-to-face session into a distance learning class and vice versa, if conditions so require, while preserving the nature of the Service (pedagogical objectives, course program, duration and timetable, etc.) and guaranteeing the same level of quality.

3.2.3 Absence, replacement or insufficient number of participants :

- in the event of absence, lateness or partial participation in the training course at the initiative of a Participant: the Customer becomes indebted to VADEMI for the full amount due for the training course. In the event of absence for health reasons justified by a medical certificate, the defaulting Participant may postpone his/her registration and participation to the next scheduled session. In the absence of such proof, the customer will be liable for the full cost of the training.

- replacement of a Participant: the customer may ask VADEMI to replace a defaulting Participant, free of charge. This replacement request must be received by VADEMI in writing up to 48 working hours before the start of the training course, and must include the name and contact details of the replacement. It is the Customer's responsibility to check that the substitute's profile and objectives match those defined in the training program.

- insufficient number of participants in a session: VADEMI reserves the right to cancel or postpone a training session without compensation in the event of an insufficient number of Participants. In this case, written confirmation will be sent to the customer at least one week before the session start date. Alternatively, a VADEMI consultant will contact the Customer's designated training manager to propose an alternative solution: new training dates or venue, other training courses with a similar educational objective or other teaching methods.

3.3 Specific provisions for "intra-company" training courses

3.3.1 Pricing :

The price of our in-company training courses can be revised on the anniversary date of the contract by applying the following formula: P1 = P0 x (S1/S0)

Where: P1 = revised price in EUR excl. tax; P0 = initial price in EUR excl. tax; S1 = statistical index of price trends at the contract renewal date; S0 = statistical index of price trends at the contract signature date or at the contract anniversary date for subsequent periods. The official statistical index of the country in which the VADEMI Group subsidiary concerned is headquartered will be used for these calculations. For France, the SYNTEC index will be used. For other countries, the price will be revised according to the increase in our costs attributable to the Service. Unless specific local indexation regulations apply.

3.3.2 Orders : a request specifying the training need(s) is sent by the Customer to VADEMI. This request is then the subject of a pedagogical and financial proposal. Receipt by VADEMI of a "bon pour accord" from the customer for this proposal will constitute acceptance of its terms and acceptance of these GTS. VADEMI undertakes to maintain the reservation of its expert trainers scheduled to run the training course for 15 days from the date of issue of the proposal. 

3.3.3 Organization : detailed logistical arrangements are specified in the pedagogical and financial proposal submitted by VADEMI. The customer must respect certain deadlines and provide VADEMI with the information requested in writing:

- 10 working days before the start of the session, the Customer must confirm the date, the definitive number of Participants, and the location of the training session (for face-to-face training only). They must also confirm their invoicing details and agree to the configuration and logistical and technical environment to be installed.

- 5 working days before the start of the session, the Customer must send VADEMI the definitive list of participants, with their surname, first name and professional e-mail address. He/she must also check the availability of equipment, and ensure that software is running correctly on the machines dedicated to training for courses requiring it. The number of participants indicated cannot be modified, and will be used as the basis for implementing and invoicing the session.

- For courses requested in remote classroom format: VADEMI will communicate in its financial proposal the specific configuration required for computer workstations. - For sessions organized by the customer: if the customer is unable to provide all the equipment and supplies required for the training to run smoothly, VADEMI will endeavor to provide them. This Service will be invoiced by VADEMI and must therefore be covered by a purchase order. VADEMI may at any time, including on the day of the training session, postpone or cancel the session if it appears that the equipment has not been installed by the customer in accordance with the technical requirements specified in the training agreement, or that it is not operational. Such cancellation will give rise to the invoicing of the training costs and all other expenses incurred.

For sessions taking place on VADEMI's premises or in distance learning classes, the Customer accepts that Participants from other companies may join the training sessions, unless otherwise requested by the Customer.

3.3.4 Maximum number of participants and prerequisites : To preserve the quality of the training, the Customer undertakes not to exceed the number of Participants specified in the order sent to VADEMI. However, one or more additional Participants may be accepted subject to the prior agreement of VADEMI and regularization by VADEMI of the amount to be invoiced for the Service. The customer must check with each Participant that the prerequisites described in the training agreement have been met and that the objectives are in line with the planned training.

3.3.5 Billing Billing: The service will be considered billable once at least 50% of those registered for the session have been able to justify their attendance.

3.4 Provisions specific to "POEI" services (Available in France only)

• Definition POEI consists in recruiting and training candidates on behalf of one or more Customers.

This highly regulated scheme is specifically financed by Pôle Emploi, in addition to any funding provided by any other collecting body.

• Registration An agreement between the customer, Pôle Emploi (and possibly the customer's collecting body), the candidate "Participant" and VADEMI must be signed before the start of the service. This agreement includes: the objectives, duration, amount and financing terms of the training, the projected hiring date of the candidate, and the type of employment contract targeted.
• Financing In the case of full financing by Pôle Emploi, it is the customer's responsibility to provide us with written approval from Pôle Emploi before the start of the course. In the case of co-financing by another collecting body, it is the customer's responsibility to obtain the agreement from Pôle Emploi before the start of the course. Should Pôle Emploi or any other collecting body fail to cover all or part of the POEI, for whatever reason, the service will be interrupted by VADEMI. It may be resumed if the customer undertakes to finance the remainder.

4. Specific provisions for "Digital Learning" courses

4.1 Scope of application : This article applies to all digital training courses called "Digital Learning" as defined in article 1.

VADEMI grants the Customer, from the time the invitation is sent, access to the Digital Learning training platforms made available by VADEMI and to all the content ordered, for the benefit of an end user, defined as any natural person designated by the Customer, with a private or professional e-mail address (hereinafter "User").

4.2 Pricing and invoicing : Digital Learning" courses are not eligible for negotiated discounts. Unless otherwise agreed, payment is due in full upon signature of the quotation/order form. Where applicable, invoicing may be based on periods defined in the contract. In the case of a request concerning a group of Users, the Customer is invoiced on the basis of the number of Users indicated in the quotation. The Customer may request additional accesses at any time. These new accesses will be invoiced additionally within 4 months of the request.  

4.3 Access to resource(s) : on receipt of a signed order form, VADEMI will send the User an e-mail invitation including a connection URL, his/her identifier ("Login") and provisional password (to be changed on first connection) enabling access to online content. The duration of access is specified on the program or quotation. Unless special conditions are expressly accepted by VADEMI, the right to use the content is granted solely to the Customer who signs the order form. The login and password associated with a User account for a given Customer are strictly personal and confidential information for which the User is solely responsible. As such, they may not be transferred, resold or shared. The Customer warrants to VADEMI that all Users will comply with this clause and will be liable for any fraudulent or abusive use. In the event of non-compliance with this clause, VADEMI reserves the right to suspend the service, without compensation, prior written notice or prior information.

4.4 Teaching and technical resources : Digital Learning courses are distributed mainly in SaaS mode and can be taken on any type of device (PC, tablet or mobile). The reference standard used is SCORM. This is an internationally-recognized set of specifications for facilitating exchanges and tracking users' learning progress. Most of our digital training courses are made up of a variety of short contents, and include the support of a trainer via e-mail and/or in a distance learning format (individual or group). Some are fully scripted and immersive, such as role-playing games or software simulations. Training on official certification exam platforms is also offered on most courses with certification.

Unless otherwise specified, the languages available for our Digital Learning courses can be viewed at www.VADEMI.com. Course duration is given as an indication only. VADEMI reserves the right to modify its training courses, both in their general organization and in their content, while taking care to preserve their pedagogical objectives and their level of quality, without such modifications giving rise to any right to compensation on the part of the customer.

4.5 Support and quality monitoring : Technical support dedicated to Digital Learning is available by e-mail at formation@vademi.com. The User can also obtain pedagogical information via the same address or from his VADEMI consultant. The average response time is 48 to 72 hours. In the case of digital training with certification eligible for funding, the User is required to take the certification exam within 4 months of receiving his/her login details. Access to training resources will remain available for 12 months.

For all Digital Learning training courses, a report concerning Users (in particular their connection times, the completeness of course activities and exchange times with trainers) is sent automatically every 4 months, and can be generated on request. VADEMI also provides a certificate mentioning the objectives, nature and duration of the action and the results of the evaluation of the training acquired, on the expiry date of the User's account or on request.

4.6 Postponement and cancellation : In the event of non-participation in a Digital Learning training course, the corresponding registration fees remain payable to VADEMI as a lump-sum indemnity, unless the Customer has notified VADEMI in writing within 8 working days of the dispatch of the invitation sent to the User and the said training course has not been launched. 

4.7 VADEMI guarantees: VADEMI undertakes to do everything in its power to allow access to its Digital Learning training courses for the duration of the rights to use the training course(s). The customer undertakes to inform VADEMI within 24 hours of discovering a technical malfunction. VADEMI will do its utmost to ensure that its Digital Learning tools operate reliably and continuously. However, the customer acknowledges that VADEMI cannot be held responsible for a failure of the Internet service provider or for a malfunction of the customer's network access.

In the event of a service interruption by VADEMI, VADEMI will make every effort to remedy the malfunction. Beyond 5 working days, VADEMI will extend access to content for Users for a period corresponding to that of the unavailability. The customer undertakes not to claim compensation or damages from VADEMI.

In the event of non-conformity or anomaly noted by the Customer, VADEMI undertakes to implement the necessary corrective actions within an average period of 2 to 3 working days. Non-conformity" refers to any discrepancy between the contents and the order form signed by the Customer. Anomaly" refers to any failure, incident, blockage, degradation of performance, non-compliance with functionalities by VADEMI, preventing the normal use of all or part of the content. Any complaint relating to a non-conformity or anomaly must be made without delay by the Customer in writing. It is the customer's responsibility to provide any justification as to the reality of the anomalies or non-conformities observed. Only VADEMI may intervene on content. However, VADEMI shall not be held liable if the anomaly originates from the following cases, without this list being exhaustive: incorrect handling by Users; non-compliance with technical prerequisites or their modification without the prior agreement of VADEMI; use of content not supplied by VADEMI.

VADEMI may work with partners who provide e-learning software solutions (LMS) and content. The "Digital learning" conditions of use and security specific to these partners are available on request.