Terms of Service & Private Policy

Klassroom application

Version of September 26, 2019

 

These general conditions of use describe the conditions under which Klassroom SAS, 10 rue de Penthièvre 75008 Paris (hereinafter, Klassroom), proposes its Klassroom application.

They define your rights and obligations as a user of the services offered by Klassroom on its Application.

We invite you to read them carefully before using it.

 

1.          Definition

Subscription or Subscription:  refers to the periodic contract to which the Municipality, the Institution, the Professor, the Administration or the Parent subscribed by Class for the purpose of benefiting from the services offered by Klassroom.

Klassroom Prime Subscription:  means a paid Subscription for a period of one (1) month renewable automatically until the end of the class, allowing access, during the term of the said Klassroom Prime Subscription, to all the Paying Services. described in section 4.2 of these Terms of Use.

Klassroom Pro Subscription:  means a paid Subscription for a period of one (1) month renewable automatically until the end of the contract with Klassroom, by the Municipality, the Institution, the Professor or the Administration wishing to take charge of the cost of the Klassroom Prime Membership for all Parents in their Classes.

Administration:  refers to the school that created an Account.

Application:  means the Klassroom mobile and web application edited and provided by Klassroom available for download on platforms such as the Apple Store or on the web at www.klassroom.com and on which the services are offered.

Class: refers to the class created by the Owner professor on ' Application and whose ' ID (Key Class) is transmitted to the Parents or Students or other teachers or the staff of the ' empowered Administration under the sole Professor of responsibility Owner. 

Account : means the account of the User, be it Parent, Professor or Administration, created according to the conditions described in article 3.2 below and allowing the User to access all the functionalities of the User. 'Application.

Content  : means any content, such as message, comment, photo, image, video, text, sms, note or heart made available by a User on the Application.

Common  : means a set of Establishments.

Terms of Use  : means these terms or any later version that are intended to define the conditions of use of the Application by the User.

Class End Date : means the end date of the specified Class at the time of the creation of the Class by its Owner.

Request  : means any message designated in the Application, by pictograms (such as delay, absence, special recommendations, question or request for an appointment) allowing the Parent or Close to inform the Professor or the Administration of an event concerning the student.

Student:  means a pupil enrolled in a Class and whose Parent or Close has created an Account.

Establishment: means an educational institution, whether private or public, or a society, association or municipality offering extracurricular activities.

Parent or Close:  refers to a parent or relative of a Student who has created an Account.

Teacher:  refers to the teacher of one or more Classes who have created an Account.

Owner  : means the Professor or User who is a member of the Administration who has created one or more Classes.

Profile  : refers to the profile of any User, whether Parent, Teacher, or Administration member, which consists of the User's IDs (phone number, user name, and password for the version web) and particular information related to its quality (last name, first name and Parent's Class of Classes, Classes managed for the Teacher).

Person in charge of treatment  : designates (i) for the schools of the first degree, the Director / Academic director of the services of the National Educationor the rector of the Academy; for the second degree, the Head of Institution (ii) Klassroom with regard to the processing of data relating to Users, Parents or Pupils of an Institution other than a Public School Establishment.

Services  : refers to the free and / or paid Services provided to parents who are holders or not of a Subscription described in Article 4 of these Terms of Use.

User  : means any natural or legal person who downloaded the ' Application or using the ' application on the Web, with access to features and services offered by the ' Implementation and having accepted the conditions of ' use by using the ' Application and / or creating an account in accordance with the ' item 3.2 below.

2.          Description of the Application

The Klassroom application is a mobile communication platform between Parents / Proches and Teachers, which allows, according to the parameters chosen by the Owner:

Teachers to simultaneously inform all Student Parents of the same Class, Class activities or information by sending messages, photos, videos, events, locations, audio messages and documents;              

Parents to inform the teachers of any event concerning their child (delay, absence, etc. ) thanks to the Requests or to exchange with them thanks to the private chat;              

parents to exchange with each other through private chat.              

 

3.          Using the Application

 

3.1.Acceptance of the Terms of Use

The Terms of Use come into force on the date of their online publication and apply from the first use of the Application by the User. The User thus accepts, from this first use, to be subject without reservation to the rights and obligations provided for in these Terms of Use.

The User declares to have the capacity to contract and to be of age.

In the event that the User acts in the name and on behalf of the Administration, he guarantees to be authorized and to have received the necessary power to create and use an Account on behalf of the Administration, it being specified that in this case, the User must identify himself under the category "Administration" to create or join a Class.

It is up to the User who does not accept the Terms of Use not to use the Application.

The Terms of Use are enforceable throughout the term of use of the Application and until new terms of use replace them. The User may at any time waive the use of the services available on the Application. In this case, he remains fully responsible for his previous use of the Application and in particular the Contents that he could have published or transmitted via the Application.

 

3.2.                   Conditions of access to the Application: the creation of the User Account

To access the features of the Application, the User must first create an Account.

- On the Mobile App       

Step 1: the User enters his mobile number in the Application;

Step 2: the User receives an SMS validation code on the phone number entered;

Step 3: The User enters the validation code in the Application in order to activate his Account.

Step 4: The User gives his name, surname, and email address.

Access to the User Account is done by launching the Application on the phone.

- On the Web Application       

If the User connects to the web, a password is required to secure his account.

Step 1: the User enters his first name, last name, e-mail address and mobile number in the Application;

Step 2: the User receives an SMS validation code on the phone number entered;

Step 3: The User enters the validation code in the Application in order to activate his Account.

Step 4: the User enters a password and the confirmation of it.

Access to the User Account is done by entering the password that was defined when creating the Account and whose User agrees to maintain confidentiality.

The creation of the Account implies unconditional acceptance of the Terms of Use. Its use is personal, the User is therefore solely responsible for the actions he carries out via his Account.

 The User guarantees to provide Klassroom with accurate, truthful and true personal information including his surname / first name, email address and, where applicable, those of the Student as well as the date of birth of the latter and his position ( for example: mathematics teacher or director of the school, etc.).

The User guarantees to use his telephone number (personal or professional) because it is the telephone number that allows Klassroom to identify each User. The number is however not visible on the Application, or even in the User's Profile, nor communicated to other Users, for reasons of security and confidentiality.

The User Account and the features of the Application are available free of charge at any time, throughout the year when the User has an Internet connection.

 

3.3.                   Use of the Application: create and / or join a Class

Once your Account is created, the User can create a Class or join a Class according to its quality: Parent, Professor or Administration.

Required information is marked with an asterisk.

Create a Class              

To create a Class in the Application, the Owner, be it Professor or Administration, must enter the name and level of the Class (for example: Class 3 or CM1) by specifying its position (for example: main teacher) , the number of students, the language of publication and the period of the Class (beginning and end of the Class).

The Owner then enters the information concerning the Establishment: the name and the postal code.

The Owner can also inform the subject of the Class (for example: general or music).

The Owner is informed and acknowledges that, by default, the following features are enabled on the Application:

             

Parents' comments on Classroom publications              

private messages between Users of the same Class,              

private chat between the teacher and the parents.              

The Owner can set the applicable features for his Class by going to the "Settings" tab.

The Owner defines the identifier of the Class thus created (Key of the Class) which he will communicate to the Parents, the other Professors or persons of the Administration authorized, so that they can join the Class on the Application.

The Owner undertakes not to publicly release the Class Key, for example on a website, a Facebook account or any other means of dissemination accessible to persons other than Parents, other Professors or persons of the Administration authorized. Only the User who creates the Class will be able to modify the parameters of the Class at a later date.

Join a Class              

To join a Class, the User must connect to his Account and define his position: Parent, Professor or Administration.

To join the Class as a Parent:

The User must enter the Class Key previously transmitted by the Owner Teacher, as well as the information relating to the Student:  surname, first name, date of birth, gender  and family relationship with the Student of this Class.

The Parent also has the possibility to inform the passions and leisures of the Student, what he does not like, his strong points (talents, facilities ...), his possible difficulties (things to improve, weaknesses). This information is OPTIONAL and is only passed on to the Professor Owner. They allow him to better know the student.

When the User validates his request, the Owner receives a notification (i) informing him that such Parent ( "Mr. or Mrs. X, father / mother of Y")  wishes to join the Class and (ii) asking him to authorize the access to the class.

Once accepted by the Owner, the Parent has access to the Class and the notifications and Contents that relate to it.

,

To join the Class as a Professor (other than the Owner Professor) or Administration:

The User must enter the Class Key and its position as a Professor or member of the Administration.

When the User validates his request, the Owner receives a notification (i) informing him that such Professor or member of the Administration wishes to join the Class and (ii) asking him to authorize access to the Class.

Once accepted by the Owner, the User has access to the Class and the notifications and Contents that concern him.

 

4.          Description of the Services

Klassroom is a FREE accessible service   with the possibility to add paid options in the form of Subscription.

 

4.1.                   Free Services

 

Access to Klassroom via the web version as well as via the native mobile application (iPhone / Android) for Teachers              

Access to the Klassboard for directors of Establishments or authorized members of the Administration              

Access to Klassroom via the web version for Parents as well as via the native mobile application (iPhone / Android) to consult the last publication of the Professor and all the publications of the last 24 hours or to make a Request.              

 

4.2.                   Paid Services: Klassroom Premium Pass for Parents

All Free Services described in Article 4.1 of these Terms of Use.              

Access to all premium features of Klassroom via the native mobile app (iPhone / Android) for Parents by Class offering the following benefits:              

_ Access to all of Professor's publications            

_ A family access: only one Subscription per Student for the whole family.            

_ The ability for Users to save photos and videos of the Class.            

_ Direct access to the photo and video gallery of the Class as well as other media or information.            

 

4.3.                   Paying Services: Klassroom Pro

Klassroom offers the possibility to a municipality, an establishment or even a professor to support the cost of the Klassroom Prime version for any class (es) at a preferential rate thus giving Klassroom Prime access to all Parents in their Classes.

 

5.          Financial conditions and payment security

5.1.Klassroom Prime financial conditions

Prices for Klassroom Premium Subscriptions displayed by klassroom.co.uk, Apple Store and Google Play Store are in the currency of the country in which the User is downloading the application (VAT and other applicable taxes). The User acknowledges and accepts that the amount of his Klassroom Prime Subscription does not take into account the cost of telecommunications allowing access to the Services offered on Klassroom and included in his Klassroom Prime Subscription, nor any other costs of connection to the Internet, which in all cases remain the responsibility of the User, in full.

Klassroom reserves the right to change prices at any time. In the event of a change in the price of the Klassroom Prime subscription forms, this modification will be effective, as from the renewal of the User's Subscription, which will receive a message by email informing him of this modification seven (7) days before the renewal of its Klassroom Prime Subscription.

In case Klassroom modifies the prices of the Klassroom Prime subscription formulas, these changes will be effective as soon as they are posted on the Klassroom, Apple Store or Google Play website.

5.2.Klassroom Pro Financial Conditions

Pro Subscription prices are based on the number and size of the Classes. The price defines a unit price per student. The total amount of the Pro Subscription is charged at the beginning of the class period. Payment triggers the ability to use premium features.

5.3.Security of transactions

The price of the Klassroom Bonus Subscription is paid via the Apple Store or Google Play directly from the mobile  according to the payment terms provided for and imposed by the Apple Store or Google Play .

As a result, the User agrees to:

  • read and abide by the terms and conditions of the Apple Store or Google Play;

  • authorize Apple or Google to debit the same means of payment, used for the subscription of the Klassroom Prime Subscription, when renewing it by tacit renewal. The Subscription Price in force at the time of renewal will be fully applicable, subject to the information of the User in case of evolution of it.

The Apple Store or Google Play is solely responsible for the terms and payment process in which Klassroom is not intended to operate under the terms of the Apple Store or Google Play. All refund requests or requests for payments should be directed to Apple Store Services or Google Play.

Klassroom will never have access to the Member's financial information. Klassroom is not responsible for transactions made through the Apple Store and Google Play.

The payment of the price of the Pro Subscription is made according to the terms of contract between the Establishment and Klassroom: bank transfer or credit card.

 

6.          Duration of Subscriptions - Renewal and Termination

6.1.Subscription Subscription

To subscribe to the Klassroom Prime Subscription, if it has not been supported by the Municipality or the Establishment, the User will see when accessing the premium features via the mobile application a screen offering him subscribe. The screen explains the different benefits and the amount in the currency of the User to pay every month. He may at any time refuse the offer and use the free web version.

The only mode of communication between Klassroom and the User being the exchange of emails, the User declares and guarantees in this regard that the information sent by him to Klassroom is sincere and valid and that the email address entered during its registration is perfectly valid and in working order. It is his responsibility to inform Klassroom of any change in his email address.

The subscription of a Klassroom Bonus Subscription can only be done for personal purposes what the User declares and recognizes.

The non-compliance by the User of all or part of the obligations subscribed under the present Conditions of Use, and in particular concerning any incident of payment of the price of the Subscription, may result in the right for Klassroom to refuse to the User any new Subscription subscription until the regularization of his situation.

Before Subscription subscription, except in the context of a commercial transaction, the User is invited to select the duration of the Subscription of his choice, then to confirm his Subscription by proceeding to his payment. Prior to the payment of his Subscription, the User is invited to accept the terms of these Terms of Use. It is understood that the applicable Terms of Use are those in effect on the day of the confirmation of the Subscription.

Once the Subscription subscription paid and finalized by the User on the Apple Store or Google Play, a written confirmation will be sent to him by e-mail from the Apple Store or Google Play, summarizing the subscribed subscription formula, its price and the terms of use of the services subscribed. The User undertakes to keep the elements contained in the Subscription confirmation e-mail, including attachments of the latter.

6.2.Duration of Klassroom Prime Subscriptions

Subscription to a Klassroom Prime Subscription by the User is carried out on the Apple Store or Google Play, the User being invited to subscribe according to the process referred to in article 6.1 of these Terms of Use.

The User subscribes for a period of one month minimum. The Klassroom Prime Membership will automatically renew every month based on the conditions available on the Apple Store or Google Play.

If the User does not intend to renew his Klassroom Prime Subscription or to terminate it, the User must connect to the Apple Store or Google Play and terminate it in his Subscription Management area.

The User declares to have read these conditions and to accept them.

Without prejudice to the provisions of Article 6.3 below, any Klassroom Prime Subscription is concluded for its fixed term and the sums paid as such are definitively vested in Klassroom, including in case of early termination of the Klassroom Prime Subscription.

6.3.Special provisions on the automatic (automatic) renewal of Klassroom Prime subscriptions

The Member is informed that under the provisions of Article L.215-1 of the Consumer Code relating to the tacit (automatic) renewal of contracts:

"For service contracts entered into for a fixed period with a tacit renewal clause, the service provider shall inform the consumer in writing, by registered letter or by e-mail, no earlier than three months and at the latest one month before the end of the period authorizing the rejection of the renewal, the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal.

Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal.

Advances made after the last renewal date or, in the case of open-end contracts, after the conversion date of the initial fixed-term contract, are reimbursed within 30 days of the date of termination. , less the corresponding sums, up to this one, to the performance of the contract. The provisions of this Article shall be without prejudice to those which legally subject certain contracts to particular rules as regards consumer information.

7.          Right of withdrawal of the User who has subscribed a Klassroom Prime Subscription

The User who has subscribed a Klassroom Prime Subscription acknowledges having received all the information relating to the services offered on Klassroom and more specifically to the different Klassroom Prime subscription formulas offered on Klassroom, before subscribing to them and that the offer of these services is complies with the requirements for services provided remotely, in particular via the Internet.

The Apple Store or Google Play is solely responsible for the terms and the cancellation process in which Klassroom does not intend to act in accordance with the conditions imposed by the Apple Store or Google Play. Any request for retraction must be addressed to them.

 

8.          Suspension of the User Subscription and deletion of the Account

Klassroom reserves the right to delete messages that are sent massively by a User in order to preserve a quality of normal use of the service from other Users.

Klassroom may also suspend the visibility of Users who use the Services in an automated manner. A presumption of automated use of Klassroom exists as soon as the User posts messages at a frequency that can not result from a human and manual action.

The User will then be notified of the suspension of his visibility and may contact Klassroom to remedy this situation.

Klassroom also reserves the right to withdraw access to a User who has subscribed to a Subscription but who does not respect the Terms of Use, in particular in terms of habits or practices on the Site, without any financial reimbursement. from Klassroom.

In the event of non-payment by the User who has subscribed to a Subscription Price Subscription within the required time, Klassroom will immediately suspend any access to the Services for the User.

The end of the Subscription does not necessarily result in the deletion of the Account since the User retains the possibility to access the free features of the Site.

To permanently delete his Account, the User can permanently delete his Account directly from the Mobile Application (from the parameters of his Profile by clicking on "Delete my account") or by going to the "Contact us" section and then a request to delete his Account.

When deletion occurs during the school year, it is recommended to inform the Professor or the Parent Users in advance when the deletion is initiated by the teacher. Any deletion of the Account while the Subscription is still in progress will not result in any refunds pro rata  temporis .

The User may uninstall the App from his mobile at any time without notice. The User will no longer be able to access the Application unless downloading it again.

The User acknowledges that the uninstallation of the Application does not affect the renewal of the Klassroom Bonus Subscription if the User has chosen this option. Consequently, it is up to the User to terminate the Klassroom Prime Subscription under the conditions defined in these Terms of Use.

When the User has not made use of his Account for more than two (2) years, Klassroom will send him an e-mail to the address entered during the creation of the Account. In the absence of confirmation by the User of his will to continue to use the Site or the Application, the Account will be deleted.

WARNING  : THE USER IS INFORMED AND ACKNOWLEDGES THAT DELETION OF THE ACCOUNT IS DEFINITIVE AND CAUSES THE ERASURE OF THE PROFILE, PHOTOS AND EXCHANGED MESSAGES; A NEW REGISTRATION AND THE CREATION OF A NEW ACCOUNT WILL BE NECESSARY TO ACCESS THE SERVICES AGAIN.

 

9.          Obligations of the User

9.1.                   General obligation

The User agrees to use the Application in accordance with the provisions hereof.

The User agrees in particular to:

- To communicate truthful and up-to-date information when registering;

           not to disturb the operation of the Application;

           keep the confidentiality of his username and password by not communicating it to anyone;

           not to interfere with the privacy and secrecy of correspondence by using the Application;

           not modify, add or delete Content made available by another User on the Application;

           reproduce, represent or communicate to the public in any way whatsoever the Content made available on the Application, other than by the tools made available on the Application or outside the family circle;

           not to extract, reuse, store, reproduce, represent or preserve, directly or indirectly, on any medium, by any means, and in any form whatsoever, all or part of the Application which constitutes a protected database by the law.

The User agrees generally not to contravene the legal and regulatory requirements applicable to the Service and in particular the provisions of the Code of Intellectual Property.

9.2.                   Provision of Content in the "Class" space

The User agrees to make available on the Application and in particular in the space dedicated to the Class, Contents in relation with the Class, its school and extra-curricular activities, and its members (Students and Teachers) whose he is the author or is authorized to publish.

The Professor acknowledges that it is his responsibility to obtain legal representatives of the Students all documents and all the authorizations necessary for the proper use of the Application or the Site, in particular the authorizations for the dissemination of the photographs of the Students and the certificates of non-dissemination of Content on social networks. In this regard, the Professor is informed and acknowledges that the documents made available by Klassroom on the Site or the Application constitute supports that it is his responsibility to adapt to the context or the prerequisites of the academy on which he depends. where appropriate. Klassroom can not be held liable in this regard.

The User agrees not to distribute Content, regardless of its nature or form:

           infringing the right to the image or the respect of the private life;

           to advertise or constitute the broadcast of advertisements;

           infringing the intellectual property rights of third parties, in particular with regard to copyright or trademark law;

           affecting the interests and rights of third parties;

           encouraging the consumption of alcohol, tobacco or illicit substances;

           inciting hatred, violence, committing a crime, a crime or an act of terrorism or suicide;

           which constitutes harassment;

           may be considered insulting, threatening, defamatory, xenophobic, racist, anti-Semitic, pornographic, pedophile, revisionist, homophobic, sexist;

           containing any virus or computer program that may interrupt, alter, destroy or limit the functionality of any computer or computer network;

           in violation of the secrecy of correspondence;

           and in general, any Content contrary to the law, public order and morality.

It is also strongly recommended not to broadcast contents containing sensitive data (eg information about the ' racial or ethnic origin, religious beliefs, health).

The User is solely responsible for the comments he makes about the Application and the information, Content or comments he publishes.

In order for the Content to be comprehensible to all, the User agrees not to use abbreviations and SMS language. It is generally committed to publishing Quality Content that is intelligible, consistent and respectful of the law, basic rules of politeness and good morals.

The User has the option to withdraw at any time the Content that he has disseminated in the "Class" area.

The Professor recognizes that when he authorizes the Users of a Class to publish Content, his responsibility may be engaged, as publisher, because of the Published Content.

The Professor may, in the settings, choose to submit any publication of a new Content to its prior approval. In the absence of validation, the Content will not be published in the Class.

In any case, the Professor may, at his option, as moderator of the Class:

·       Remove any Content that it has deemed contrary to the Terms of Use, without notice, without justification and without the un-published User being able to assert any claim against him;

·       Or modify the Class parameters to remove the publication permissions of users who have received them or to remove the authorization for Users to comment on the publications.

In the event that the User finds that Content is manifestly unlawful, such as Content that is defamatory, disparaging, racist or invasive of privacy or that a hyper-text link points to third-party content that may be considered as such, the User may inform the Professor or notify Klassroom by clicking on the function "Report Abuse" (it being specified that the name of this function may possibly be modified), provided for this purpose on the Application. And by specifying the following elements:

-       if the author of the report is a natural person: his name, first name, profession, domicile, nationality, date and place of birth;

-       the information relating to the User who issued the Illegal Content;

-       the description of the disputed Content and its precise location;

-       the reasons for which the Content must be withdrawn;

-       the possible copy of the correspondence sent to the author of the illicit Content.

Klassroom, acting as host of the Content, reserves the right to remove any obviously illicit Content that has been reported to it by a User, in accordance with the legal provisions in force and provided in particular in the LCEN of June 21, 2004.

Klassroom recalls that the fact that any person presents a Content or activity as illegal for the purpose of withdrawing it or ceasing its dissemination, even though it knows this information is inaccurate, is punishable by one year imprisonment and a fine of € 15,000 (Article 6 I-4 of the LCEN).

In no event shall Klassroom be liable for the exercise of this right to delete or remove any Reported Content and the User whose Content is de-published may not make any claim against from Klassroom.

The User who makes Content available on the Application guarantees Klassroom and other Users the enjoyment and peaceful exercise of all rights attached thereto.

The User warrants Klassroom against any trouble, action, claim, opposition, claim or eviction whatsoever coming from a User or a third party who considers that a Content infringes his rights, as well as any damage or liability incurred in the exercise of the rights attached thereto and undertakes to reimburse Klassroom in full, for any damages or costs or legal costs (including legal costs, costs and expenses not included in the costs) that Klassroom may have to bear in because of the Content made available by the User.

 

9.3.                   Correspondence between users

Users, Parents, Students and Teachers can communicate directly with each other, according to the parameters of the Class defined by the Teacher, by sending Requests and private chat, if the latter is enabled for the Class.

In the latter case, Users undertake not to abuse the functionality and to comply with Article 9.2. of the Terms of Use above, which is fully applicable.

 

10.                      Liability / Guarantee

In general, Klassroom can not be held responsible for any unforeseeable and / or indirect damages suffered by the User, such as, without this list being exhaustive, a loss of profit, a loss of luck, a loss of income , data, any financial or commercial loss, any commercial trouble or any intangible damage such as image damage or damage to reputation.

Klassroom can not guarantee to the User that the Application will meet its exact expectations or that no error will appear during the use of the Application. Klassroom does not guarantee the reliability or accuracy of the information contained on the Application, nor the compatibility of the Application with the specific uses of the User.

Klassroom can not be held responsible for (i) any improper use of the Application by Users or any other third party, or (ii) Content made available by Users in connection with the use of the Application .

In the event that the liability of Klassroom was sought by a third party due to a breach of the User to any of the stipulations of the Terms of Use, Klassroom may call the User as collateral.

Klassroom can not be held liable in the event of difficulties with transmissions or, more generally, any disruption of the telecommunications network and the Internet. It is up to the User to have the necessary skills and means (at the user's expense: internet access, telephone subscription, etc.) to access the different services. In any case, access to the Application is under the sole control of the User and under his sole responsibility.

Klassroom can not be held liable for any loss or damage suffered by the User or any third party as a result of a failure (i) to access the Application, (ii) the Internet network (iii) telecommunications means; and (iv), more generally, any fact not directly and / or exclusively attributable to Klassroom or any event of force majeure, as defined by the case law of the French courts.

 

11.                      Access, modifications and changes to the Application

Klassroom reserves the right to temporarily suspend access to the Application or all or part of the services provided through this means, for reasons beyond its control or technical reasons related in particular to the need to update the services, to modify them, to maintain them, and, in general, for any other technical and organizational reason, without being liable for them. 

Klassroom reserves the right to make changes and improvements and / or changes to its Application or the terms of access to services including the technical, being specified that any development can only be in the sense of an increase in supply.

In addition, Klassroom reserves the right to terminate permanently or temporarily, one or more services available on the Application, subject to a notice when it is applicable, without any compensation for the User and without his responsibility can be sought thereby.

 

12.                      Intellectual Property 

The Application as well as all the elements that make it up (such as logos, brands, drawings, models, images, sound and video clips, texts, photos, logos, graphic design, software, databases, data, without this list being exhaustive) are the exclusive property of Klassroom or have been the subject of a prior authorization for use.

These Terms of Use do not imply any assignment of any kind of intellectual property rights to the items belonging to Klassroom for the benefit of Users.

Any total or partial representation of the Application or any element that composes it by any means whatsoever, without the prior written permission of Klassroom is prohibited and constitutes an infringement within the meaning of the Intellectual Property Code and would be sanctioned at this title.

However, Klassroom grants Users the right of access to its Application on a non-exclusive, personal, non-transferable basis and for use in accordance with the conditions set out in these Terms of Use.

The User agrees not to infringe, directly or indirectly, the intellectual property rights of Klassroom and is prohibited from exploiting in any way whatsoever, names, trademarks, logos, software, information, databases and all documents communicated to it, in general, in the case of the execution of these Terms of Use.

 

13.                      Protection of personal data

Personal data processing

Access and use of the Application requires the collection and processing of personal data concerning the User or the Student of which he is the Parent under the conditions defined herein and in particular below.

.

Process Manager / Subcontractor

Personal data is collected and processed by Klassroom acting as a subcontractor or as a controller according to the envisaged treatment:

 

Treatments made by first and second degree institutions

Regarding the processing carried out by the establishments of first and second degree,  Klassroom  acts as a subcontractor on behalf of the processing charge represented by the academic director of the services of ' Education (Dasen) in the first degree or the head of ' establishment in the second degree.

In this context, the legal basis for the use of Klassroom is the mission of public interest in accordance with Article L 131-2 of the Education Code.

 

· Treatments made by Klassroom      

S ' Regarding the data processing of the Users, Parents and Pupils of ' an establishment other that ' an institution  of the first or second degree,  Klassroom  acts as a data controller.

Klassroom is also responsible for processing treatments for subscriptions and cookies.

In this context, the legal basis for the ' use Klassroom is the consent of the ' User and ' execution of the contract pursuant to these Terms ' use. Indeed, these personal data are collected for the creation of ' one account, when ' access to a class or more generally, when ' using the ' Application, c ' is to say, after acceptance of these Terms d ' use.

 

aims

When Klassroom acts as a subcontractor, the personal data will only be used for the following purposes:

-       enable the identification of Users;

-       provide the Services and allow a personalized and optimal use of the Application.

Klassroom, as a subcontractor, s ' committed to n ' act only on instructions from the processing controller and in accordance with the Data Protection Act and RGPD.

When Klassroom acts as data controller, personal data is used for the following purposes:

-        enable the identification of Users;

-        provide the Services and allow a personalized and optimal use of the Application;

-        manage subscriptions.

 

Collected data

Klassroom may collect and process the following personal data:

-        Users: Surname, first name, email address, preferred language, phone number, photograph. For the Owner: status of the creator of the Class, and position;

-        Students: Name, first name, date of birth, sex, affiliation link between the User and the Student, photography, passions and leisures of the Student, what he does not like, his strong points ( talents, facilities ...), its possible difficulties (things to improve, weaknesses).

-        Technical and connection data relating to the Account.

The data collection is mandatory for the creation of ' Account and / or the ' use of the Services are listed with an asterisk on the ' Application.

As part of the use of the App, Klassroom recommends not to transmit sensitive data (eg information about racial or ethnic origin, religious opinions, health).

In the ' assumption that the ' User transmit sensitive data within applications or private chats, the ' User expressly consents to the collection of such data by checking the box provided for this purpose when creating the account.

The ' User is informed that ' it may withdraw consent at any time which will result in the removal, by Klassroom, of ' all the contents published by the ' User in the ' ' Class' space, private chats as well content applications (and not the ' subject of applications that do not contain any personal Data). The ' User is informed that ' it can also withdraw consent at any time and at any time remove comments that ' it broadcast in the ' 'Class' area by clicking on "delete".

 

recipients

User and Student Data: Klassroom and the Data Controller are the only recipients of the data collected. The User acknowledges, however, that the data relating to the Student (surname, first name, photo if applicable) and the Parent or Close (surname, first name, photo if applicable) will be accessible to all Parents, to the Professor or to the Class Administration to the extent that these data are in the Class, which he accepts.

Optional information about the student (passions and hobbies, what the student does not like, strengths, possible difficulties) are only accessible to the Professor Owner.

Klassroom does not sell, rent or transmit data to any other recipient.

Login Data: Login data for the Account is for internal use only. Under no circumstances will this data be sold or sold to third parties.

 

Hosting personal data

Klassroom stores the personal data of Users in France.

 

The duration of the conversation

The personal data are kept for two (2) years from the last use of the Application or the Site. However, subscription billing data will be retained for a period of ten (10) years from the date of billing.

At the end of the retention periods, Klassroom will definitively erase the data still in its possession.

 

Rights of the people concerned by the processing of personal data

In accordance with the law of January 6, 1978 as amended "Data Protection Act" and the European Data Protection Regulation of April 27, 2016, known as "RGPD", any User has the right to information, access , limitation, rectification, portability, opposition, and deletion of information about him. Finally, the User has the right to define guidelines defining the way in which he intends to exercise his rights after his death. Any User wishing to exercise these rights must write to Klassroom SAS, 10 rue de Penthièvre 75008 Paris or by e-mail to bonjour@klassroom.fr enclosing a copy of his identity document recto-verso.

The User is informed that when Klassroom acts as a subcontractor, it responds, in the name and on behalf of the Data Controller and within the time limits provided by the Data Protection Act and the RGPD to the requests of the Users concerned.

The User also has the option to delete his Account directly on the Application in accordance with Article 8 of these Terms of Use.

The User has the right to lodge a complaint with the National Commission for Computing and Freedoms ( www.cnil.fr ).

 

Cookies

The Application may use cookies in order to improve the personalized service that is intended for Users, and in particular for the purposes of:

- store the country of the User;

- store a unique identifier of the user's browser;

- store the redirection address if the user must identify himself before he can access the content he clicked on;

- identify the session of the User.

Cookies are considered to be personal data.

Cookies can be disabled or restricted by changing the corresponding settings in the Internet browser. However, this may lead to the unavailability of certain features of the Application.

In the event that the User accepts the use of cookies, they will be kept for a maximum of thirteen (13) months in accordance with the applicable regulations.

 

14.                      Duration / Termination

The User may use the Site or the Application for as long as he / she wishes, except for the deletion of the Account being canceled in the conditions defined in these Terms of Use and in particular in article 8 "Suspension of the Subscription of the 'User and deletion of the account'.

15.                      Miscellaneous

15.1.             Changes to the Terms of Use

Klassroom reserves the right to modify at any time these Terms of Use subject to informing Users by any means available on the Application. These modifications and evolutions come into force on the date of their online publication and are binding on the date of the first use of the Application by the User.

In the event that the User continues to use the Application after notification of the change of the Terms of Use, he will be deemed to have read, understood and accepted the new Terms of Use and will be subject to it as of right.

15.2.             Notification

Users wishing to notify a change in phone number, ask a question or make a complaint about their User Account, report a technical problem or any information deemed useful with regard to the Application is invited to send an email to the following address  support@klassroom.com .

15.3.             Nullity

If any provision of the Terms of Use is void under a rule of law or a judicial decision became final, then it would be deemed unwritten, without causing the nullity of the contract nor alter the validity of its other provisions.

 

15.4.             Applicable law

The Terms of Use are governed by French law.