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Totara : Terms Of Use

Totara : Terms Of Use - CGU
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Revision: November 2023


You must read and accept our TOU before using the https://elearning.lectra.com website.

ARTICLE 1: Purpose

The purpose of these Terms of Use is to define the conditions of provision of the https://elearning.lectra.com website (the Website), hereinafter "the Service", and the terms of use of the Service by the User.

Any connection to the https://elearning.lectra.com website is subject to compliance with these Terms of Use (TOU), which Lectra reserves the right to modify or update at any time.

Access to and use of the https://elearning.lectra.com website require your acceptance of these TOU, which apply without restriction or reservation to all content on the https://elearning.lectra.com website. If you do not agree with the clauses below, please do not use this website.

In order to adapt the Website to better meet the needs and expectations of Users, Lectra reserves the right to modify, unilaterally and without notice, the services offered on the Website as well as these Terms of Use. This also includes the right to remove certain services, or if necessary, to close the Website. In any of these cases, the User may not make any claim in this regard.

ARTICLE 2: Legal information

In application of the French Data Privacy Law No 78-17 of January 6, 1978, as amended by Decree No 2019-536 published on May 30, 2019, you have the right of objection (Art. 56 of the Law), access (Art. 105 of the Law) and correction (Art. 50 and 105 of the Law) in respect of any of your personal data. You can exercise these rights by writing to LECTRA at the following address: DPO, 16-18 rue Chalgrin, 75016 PARIS, France or by sending an email to the following address dpo@lectra.com.

By using this Website, you accept the conditions set out in these TOU. If you disagree with them, please do not use this website. A link to these TOU as well as the contact email address is available on each page of the Website. These are likely to be regularly updated, and you are therefore advised to read these pages every time you visit the Website. As of that moment, if you continue to visit the Website, this means that you accept the changes made to these conditions.

Any risk arising from the use of the information on the https://elearning.lectra.com Website is the responsibility of the User of the Website’s services. Lectra will not be held liable for any direct, indirect or material damage.

This Website may contain inaccuracies or other errors. Lectra reserves the right to revise the content to the extent required to correct these errors, without, however, being liable for doing so.

ARTICLE 3: Definitions

The purpose of this article is to define certain terms found in the TOU.

  • Website: The Website is the Internet-based platform https://elearning.lectra.com
  • User: The User is any person using the Website or one of the services offered on the Website.
  • Participant: A Participant is a user identified on the Website.
  • Administrator(s): The Administrators are responsible for the day-to-day operations on the Website.
  • Content: User Content is data (of any kind) transmitted by the User in the different areas of the Website.

ARTICLE 4: Access to the Website and to the Services offered

The administration team discourages the use of aliases: The First Name and Last Name entered during registration are each person’s "natural" identifiers on the Website, guaranteeing trust between participants to promote optimal relations.

Aliases are nevertheless allowed as "exceptions" requiring prior individual identification and approval by the Website Administrators. They alone must know the person’s true identity. However, we strongly advise against the use of aliases as it does not inspire trust among the other participants on the Website. Moreover, widespread use of aliases can lead to a high risk of spam. When you register, you agree by default to receive notifications by email of activities on the https://elearning.lectra.com website. No commercial information will be communicated through these email notifications of activities. You can change your preferences at any time in your profile, page preferences or notification preferences.

In principle, any notification meant for you will be sent by email to the address that you provided when registering on the Website. It shall be assumed that you have received the notifications 24 hours after an email has been sent, unless the sender has been notified that the email address is invalid.

The Website is a free service open to all natural persons for the main purpose of learning and sharing knowledge, practices and technologies. The Administrator may, without notice and without prejudice, withdraw any post added by an entity (person, company, organization or similar entity) for direct, indirect or disguised advertising purposes, and exclude the User concerned.

Lectra shall strive to ensure access to the Website 24 hours a day, 7 days a week, except in the case of force majeure or an event beyond its control, subject to any breakdowns or maintenance necessary for the smooth running of the Website and services. As a consequence, Lectra cannot guarantee the availability of the Website and/or Services, the reliability of transmissions or performance in terms of response times or quality. Lectra uses a service provider, Enovation Solutions, which is bound by a contract with Lectra.

Each User of https://elearning.lectra.com undertakes to be discreet and respect the privacy of other users, in order to promote good relations.

When using https://elearning.lectra.com, you must not post ideas of a political, religious or ethnic nature on the network, or any other form of discrimination, so as to make it a sharing tool open to everyone, regardless of their background, origins, or religious or political beliefs. The team of moderators for https://elearning.lectra.com reserves the right to send a warning to anyone who violates this rule, or even to exclude them from the website. This applies to all rules set forth in these Terms of Use, especially those specified under the Article "Responsibilities".

You agree not to copy, reproduce, alter, modify, create derivative works or disclose to the public all or part of the content on our Website without our prior express written consent or that of the third parties concerned, which would constitute an infringement punishable by Articles L.335-2 et seq. of the French Intellectual Property Code.

You agree not to use devices of any kind that could disrupt the smooth running of our Website, in particular through actions that place a disproportionate load on the Website.

You agree to defend and hold Lectra harmless (including for reasonable attorney fees) against any demand or claim by a third party, caused or resulting from a violation by you of these TOU or of any document included herein by reference, or from a violation by you of any law or of any right of said third parties.

ARTICLE 5: Personal data protection

5.1 Data

The personal data requested from Users when registering (first and last names, city, country and email address, language, offer type, company name) are essential to provide the https://elearning.lectra.com services. They enable effective communication between Users and also allow us to verify that the User is eligible to access the Website. You are solely responsible for your personal information; the Website merely acts as a passive intermediary for putting it online.

You guarantee that the personal data transmitted are accurate and consistent with reality. If you need to make any changes, please contact lectra.university@lectra.com. More generally, you can exercise your data privacy rights by writing to LECTRA at the following address: DPO, 16-18 rue Chalgrin 75016 PARIS, France or by sending an email to dpo@lectra.com.

Your email address will never be shared by the website. It is used by the Website for the sole purpose of sending you information about the Website and its members.

Profile information: information that is not essential for the platform’s operation may be collected as you use the platform, such as:

For Lectra employees:

Visible to administrators only: first login date, last login date.

For subcontractors, agents and partners:

Visible to Lectra manager and administrators:  Lectra account creation date, account type (agent, partner, external).

For customers:

Visible to the user and administrators: country, city, time zone, language, company name, Lectra offer concerned.

Visible to administrators only:  first login date, last login date.

5.2 Retention periods

For Lectra employees: data are kept for 10 years from the end of each training, in order to meet legal obligations in force. In practice, for an employee leaving the company, the 10 year period runs from the date of the last training done by that employee.

For partners/subcontractors/agents: data are kept for 10 years.

For customers: data are kept for 10 years.

If you unsubscribe from the Website (also notify us via the contact email address available on each page of the website: lectra.university@lectra.com), we will do our utmost to ensure that your personal data are immediately deleted. For technical reasons, a maximum period of 7 days may nevertheless be required. We keep certain information in our system for the sole purpose of settling disputes, resolving problems and enforcing our Terms of Use. Hence, for technical reasons or due to the backup of our systems, your personal data will remain in our databases after your request for deletion, in compliance with the legal requirements in this field. However, these data will no longer be accessible online.

5.3 Data exchange and transmission

For Lectra employees: automatic transmission to the HRIS system of some training only; extraction is possible on request by the administrators for training monitoring purposes.

For partners/subcontractors/agents: no extraction, no monitoring.

For customers: no extraction, no monitoring.

Finally, Users can freely and spontaneously share personal (non-commercial) data among themselves during their activities on the Website and can also enter such information in the support areas of the Website (e.g. forums). You are entirely responsible for these inputs and exchanges and there is no obligation on our part. It is each person's responsibility not to post on the Website any information that they wish to keep private.

Any message exchanged by two members is known only to its sender and its recipient. When a comment is posted to content on the website, it is visible to the members of the Website.

The Website Administrators do their utmost to protect the confidentiality of your personal data. Unfortunately, we cannot guarantee that your private communications and other personal data will not be made public in ways other than those mentioned here (through interception, malicious acts, etc.). We are also under obligation to respond to judicial and third-party requests to enforce the law and various rights. You therefore authorize us to communicate any of your personal information to law enforcement or government representatives if we deem it necessary or appropriate based on an inquiry into fraud, forgery, piracy, or any other illegal activity or an activity for which we could be liable.

5.4 Website access

For customers: You must always ensure that you have a "strong” password, i.e. that it is sufficiently complex that other Users cannot guess it. The password policy is as follows: your password must consist of at least 8 characters, at least 1 number, at least 1 lower case letter, at least 1 upper case letter, and at least 1 non-alphanumeric character.

Your username and your password must not be shared with others, even temporarily. In the event of loss or possible identity theft, please notify us immediately. By accepting these TOU, you undertake to comply with these provisions, attitudes and precautions.

When you access the Website, you will have access to certain information concerning and/or from other Users. By accepting our TOU, you agree to use this information solely for communications that relate directly to your activity on the Website or for any other use to which the user concerned has expressly consented after having been duly informed.

5.5 Cookies

This Website uses four mandatory cookies. Depending on your user type, only two will be enabled:

By default for all users:

  • One Totara ID cookie
  • One Totara session cookie

In addition, for users using SSO login:

  • One SimpleSAMLAuthToken session cookie
  • One SimpleSAMLSessionID session cookie

All Website content, including (but not limited to) messages, posts and comments, is covered by these TOU.

ARTICLE 6: Responsibilities

Users acknowledge that they are solely responsible for the information published in their profile, the photos and videos that they post, the messages that they exchange, the announcements that they provide, and the comments and other content that they post on the Website or exchange with other Website members. Users are prohibited from posting, transmitting or sharing any content on the Website of which they are not the author or for which they do not own the publication rights.

Anything that you publish (content, messages), whether in the form of texts, messages, photos or any other medium or format available on the Website, must therefore not:

  • be false, inaccurate, misleading or fraudulent,
  • breach copyright, trademark rights, patent rights, manufacturing rights, privacy rights, image rights, disclosure rights, intellectual property rights or other personal rights,
  • include content that is defamatory, libelous, slanderous, unauthorized, abusive, malicious, vulgar, obscene, incites violence, is discriminatory, or incites racial, ethnic or religious hatred or violence,
  • include directly, indirectly or disguised promotional/commercial messages or content, spam, chain letters or any other abusive and unsolicited communication,
  • harass, threaten or intimidate a Website member,
  • be considered an affront or contrary to public decency or public order (incitement to commit crimes or offenses, distribution of messages that are violent, hurtful, racist, revisionist, apologistic for war crimes and/or terrorism, pedophilic, pornographic or erotic, or that solicit to murder or incite to suicide) and generally, without this list being exhaustive
  • contain any form of virus, malware, any other computer program designed to clandestinely damage or intercept a computer system, data or personally identifiable information,
  • render Lectra liable, in particular (but not only) with any publication in breach of regulations in force,
  • contain any elements of a political nature.

The "general" information provided by Lectra is provided for illustrative purposes and shall not exempt the User from carrying out further, personalized analysis. Lectra cannot guarantee that the information on its Website is accurate, complete or up to date. The User therefore acknowledges that it uses this information under its sole responsibility.

As platform host, Enovation Solutions is not legally bound by a general obligation to monitor the content transmitted or stored via the Website. Its only obligations as host involve providing means for members to notify us of the presence of any illegal content, and removing any patently illegal content as soon as it becomes aware of it. To notify us of illegal content, please send an email to the Website Administrator at the following address:lectra.university@lectra.com (contact email address also available at the bottom of each page of the Website).

The User who originates a post or a message is solely responsible for the content he or she makes available to other Users. The existence of information on the Website can under no circumstances be interpreted as a guarantee by Lectra of the origin, veracity or quality of the information posted.

The User unconditionally accepts that the Administrator may, without prior notice or justification, move, modify or remove content that is incompatible with the TOU and accepts that no damage shall be recognized as a result of the deletion of content by the Administrator or the exclusion of the User from the Website.

The User acknowledges being competent and having the technical means required to access and use the Website.

Under no circumstances can Lectra be held liable, with regard to an action to establish contractual liability, tortious liability or to any other action, for any damages, direct or indirect, incidental or consequential, or of any type whatsoever, or any injury, especially of a financial or commercial nature, resulting from the use of its Website, https://elearning.lectra.com or of any information obtained on this Website.

ARTICLE 7: Guarantees

No guarantee is provided, either explicit or implicit.

Lectra shall endeavor to maintain the accessibility of this Website, although it has no obligation whatsoever to do so. Access to the Website may be interrupted for maintenance purposes, updates and for any other reason, especially of a technical nature.

The following elements are not guaranteed: anomalies, errors or bugs in the information, content and mechanisms of services provided on the Website; Website interruptions or breakdowns; the Website's compatibility with a particular configuration or piece of equipment.

Under no circumstances can Lectra be held liable for indirect and/or consequential, foreseeable or unforeseeable damages (including loss of profits) arising from the provision and/or use or the total or partial inability to use the services provided on the Website.

The website can be shut down and all the information loaded onto it can be deleted at our discretion. No guarantee is provided concerning the continuity of the service offered or the preservation of the data posted on https://elearning.lectra.com.

ARTICLE 8: Intellectual property

The general structure of the Website https://elearning.lectra.com is the intellectual property of Lectra and it has use rights pertaining thereto. Any representation and/or reproduction and/or partial or total exploitation of the content and services offered by the https://elearning.lectra.com Website, by any process whatsoever, without prior written authorization by Lectra and/or the respective authors of the content, is strictly prohibited and may constitute an infringement as defined by Articles L. 335-2 et seq. of the French Intellectual Property Code.

In particular, no content on the Website (text, photographs, images, icons, sounds, videos, software, databases, logos, etc.) may be used for commercial or advertising purposes. Only one copy, reserved exclusively for the private use of the copier, is authorized.

Access to the Website does not confer any entitlement to intellectual property rights related to the https://elearning.lectra.com Website, which remains the exclusive property of Lectra.

ARTICLE 9: Moderation

Monitoring of the information posted on https://elearning.lectra.com is done retrospectively following a request for moderation by a User. The modification or removal of information posing a problem shall take place within one week maximum.

An email address, lectra.university@lectra.com, is provided for Users on each page of the https://elearning.lectra.com website, to notify the Administrators that information or a post incompatible with the TOU has been posted. If a user decides to use this service, the Website Administrators will act as moderators. Once the post in question has been checked, it may be modified or deleted. An email will then be sent to the author of the post to inform them that the post was non-compliant and of the decision taken by the Administrators. They will also be warned of the potential suspension or removal of their account on https://elearning.lectra.com. Any modification or removal from https://elearning.lectra.com can be done without the need for justification by Lectra.

By registering on https://elearning.lectra.com, you automatically accept that Users may make comments on your posts and that you might sometimes consider those comments to be unwelcome or erroneous. In such a case, please contact us by email explaining the situation; a short investigation may be conducted, which may (or may not) lead to the removal of the comments in question and/or your post from https://elearning.lectra.com. In each of these cases, you agree not to take any action against us related to these comments and to any action we take of removal, suspension or account deletion. You acknowledge and accept that we cannot control such comments and posts, and that we cannot in practice conduct "in-depth" investigations.

Without excluding other remedies, we reserve the right to give you warnings, suspend your registration and/or cancel it in the following cases: if you fail to comply with these TOU; if we cannot verify or authenticate information you post or provide to us and you do not respond to our request for authentication; or if we think that your behavior may result in you, us or/and any other users of the https://elearning.lectra.com Website being held liable.

ARTICLE 10: Hyperlinks

In the event that https://elearning.lectra.com contains hyperlinks to websites published and/or managed by third parties, and considering that the https://elearning.lectra.com Administrators exercise no control over these external resources, the User accepts that Lectra assumes no responsibility for the availability of these resources, and cannot be held responsible for their content or the quality of these links. It is the responsibility of each user to find the information sources best suited to their needs; in some cases these sources should be official (texts of laws, etc.). Lectra shall not be held liable for the information, content, services, availability, or software of websites connected by hyperlink to the https://elearning.lectra.com website.

Links to the Website's home page may be created without our express authorization. Lectra cannot request in advance information or authorization with regard to a website wanting to establish a link to our Website. However, it is advisable to view this website in a new browser window. We do, however, reserve the right to request that a link be deleted if we deem it incompatible with the purpose of the https://elearning.lectra.com website.

ARTICLE 11: Force majeure

With regard to the https://elearning.lectra.comWebsite, Lectra may not under any circumstances be held liable in the event of force majeure or acts beyond its control, in particular the occurrence of an outside event that is unavoidable and unpredictable (earthquake, etc.).

By nature, the Website can be accessed 24/7 except in the event of interruption, scheduled or otherwise, for maintenance or in case of force majeure. The administrators shall not be held responsible for any damage of any kind resulting from the unavailability or closure of the Website.

It is the responsibility of Users to ensure their data is preserved.

Cases of force majeure shall include, in particular and in addition to cases recognized in case law, all natural disasters, all acts of war, disturbances to public order, epidemics, fires, floods and other disasters, all government acts, all strikes and lockouts, as well as all electrical and technical problems external to the parties that prevent communication.

ARTICLE 12: Modification and evolution of the TOU

Lectra reserves the right to modify these terms of use at any time and without notice, in order to adapt them to the evolution of the Website and/or its operation. Any changes made to the TOU shall apply to the Users without delay, since access remains subject to compliance with these Terms of Use (TOU), which Lectra reserves the right to modify or update at any time.

Each User is invited to regularly consult these TOU so that they are aware of any changes. Continued use of the Website as the TOU are modified implies acceptance by the User of the Terms of Use in force.

ARTICLE 13: Applicable law

Both this Website and its terms and conditions of use are governed by French law, regardless of the place of use. They fall under the sole jurisdiction of the Paris Commercial Court [Tribunal de Commerce de Paris], France.

ARTICLE 14: Other information - miscellaneous

In the event that one or more of the terms in these Terms of Use are deemed by ruling of a court to be illegal, non-binding or inapplicable, the other articles of the TOU will potentially remain in force.

For any questions related to these TOU, please contact the following addresses:

Revision: November 2023

Copyright © 2022 Lectra

Please note that Lectra is the sole recipient of any personal data you send us. This data may be shared with third parties for non-profit reasons as well as with our foreign subsidiaries. In accordance with data privacy laws and regulations, you have the right to access and rectify the details of your personal data or to request that your personal information not be disclosed to third parties. Should you wish to access or modify your personal information, please write a letter to: DPO, 16-18 rue Chalgrin 75016 PARIS, France or send an email to dpo@lectra.com.

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