Terms of Use and Privacy Policy for the “CODE OF TALENT” Platform

In accordance with the General Data Protection Rules, we have updated our data protection conditions. Please read the Terms and Conditions of Use and the Privacy Policy and give us your agreement in order to be in compliance with the new legal framework
I. Terms of Use

CODE OF TALENT Platform (“the Platform”) is a software platform made for employees, licensed by and made available to you (“the User”) by your employer (“the Employer”) and which can be accessed in connexion with your duties.

The present Terms of Use represent the provisions bases on which the User may access and use the Platform.

1. DEFINITIONS

Platform

Micro-learning platform developed and administrated by Code of Talent S.R.L, a Romanian private legal entity, headquartered in Balotesti, no. 1C19 Ficusului Street, Ilfov, registered in the Trade Register under no. J23/3797/2018, with the unique registration code RO39735784 (“Code of Talent”), consisting of a software allowing the Users, as employees or collaborators of the Employer, the ability to go through an assisted online training experience, solve specific learning tasks, receive feedback, and interact with colleagues and the trainer involved in the program.

Agreement

The agreement for using the Platform concluded between the User and Code of Talent by accepting these Terms of Use.

Data / Personal Data

Any information related to the User, such as name, position, department, location, e-mail, etc., provided by the User and/or his/her Employer through the Platform and which allows directly or indirectly his/her identification by (i) the Employer and/or (ii) Code of Talent and/or (iii) a training company provider who concluded with the Employer a sublicense agreement for granting to the Employer and its employees the access to the Platform.

Intellectual Property Rights regarding the Platform

All the intellectual property rights owned by Code of Talent regarding the Platform, including, without limitation:

  • (i) Copyright over the software and over other components of the Platform;
  • (ii) Rights of industrial property, like its trademarks.

Services

The right to access the Platform, as well as any features of the Platform, made available to the Users by the Employer, the latter by subcontracting, directly or through a training company provider, the Code of Talent services.

2. CONCLUSION, DURATION AND TERMINATION OF THE AGREEMENT REGARDING THE USE OF THE PLATFORM

2.1. The registration and the use of the Platform represent the User’s express and unequivocal consent to the conclusion of the Agreement regarding the present Terms of Use and Privacy Policy.

2.2. The Agreement between you, as a User, on the one hand and Code of Talent, on the other hand, is concluded upon fulfilment of the below conditions:

  • a) The User is at least 18 years old;
  • b) The User accesses the Platform made available by the Employer, including the passwords or other access codes;
  • c) The User reads carefully the present Terms of Use and the Privacy Policy and expresses his/her consent regarding these documents by ticking the box "I agree to the Terms of Use and the Privacy Policy";
  • d) The User accesses for the first time his/her account made available by the Employer through the Platform.
In case the username and the password have been stolen or compromised, please notify immediately the Platform’s administrator designated by the Employer.

2.3. The Agreement is considered to be concluded when the User receives subsequently to the steps in art. 2.2. above an electronic confirmation via the Platform.

2.4. The Agreement’s duration shall be determined based on the duration of the agreement concluded between the Employer and Code of Talent, either directly or through the intermediary of a training company provider, except if the Agreement ceases previously in one of the following cases:

  • a) The Employer expressly requests Code of Talent or, as the case may be, the training company with whom the Employer concluded the license agreement regarding the Platform, to delete a User’s account as a result of termination of employment / collaboration between the User and the Employer or in any other case where the Employer decides to delete the account by a notice sent to Code of Talent or to the training company provider;
  • b) The Employer or the training company who licensed the Platform to the Employer shall immediately terminate the Services to a User at any time and without notice if it finds or has serious doubts that the User does not comply with the provisions of these Terms of Use or of the Privacy Policy.

2.5. The Agreement cannot be terminated by the User by deleting the account, only the Employer having the possibility to request the training company to delete an account, according to art. 2.4 above. During the employment contract, the User is entitled under the applicable data protection law to request the Employer to delete the Personal Data used in the Platform, except for Personal Data relating to the employment contract (e.g. name, first name, function, department, location, e-mail, etc.) and the Employer will request this with a written notification to the training company.

2.6. At the termination of the Agreement, the provisions of art. 4.3, 5, 6 and 7 remain applicable.

3. PRICE

3.1. The use of the Platform and of the Services is free of charge for the Users, any costs related to this use being in the Employer’s charge, based on the contract concluded between the Employer and Code of Talent or, as the case may be, between the Employer and the training company.

4. ACCEPTANCE BY THE USER OF THE PROVISION OF THE SERVICES

4.1. Code of Talent or, as the case may be, the training company undertakes to provide the Services according to the obligations regulated by the contract concluded with the Employer and by other documents related to that contract and the User understands and expressly accepts it.

4.2. The User understands and agrees that the present Agreement is auxiliary to the contract concluded between Code of Talent or, as the case may be, a training company and the Employer, the latter superseding the provisions of this Agreement.

4.3. The User understands and agrees that all Intellectual Property Rights regarding the Platform (including without limitation any modifications, additions, revisions and / or derivatives thereof) belong to Code of Talent, the User not being entitled to any right of intellectual property through the present Agreement, but only to a non-exclusive right of use of the Platform during the Agreement, for the exclusive purpose of accessing its features.

5. LIMITATION OF THE LIABILITY OF CODE OF TALENT AS THE DEVELOPER OF THE PLATFORM

5.1. Code of Talent is not liable for the content loaded within the Platform by its Users or by the Employer through its representatives.

5.2. The information available within the Platform will be accessed and / or used by Code of Talent only for the purpose of (i) performing the contractual obligations undertaken by it towards the Employer or undertaken towards the Employer by a training company provider to whom Code of Talent granted the right to sublicense the Platform and (ii) for ensuring the functionality and maintenance of the Platform.

5.3. The User understands and agrees that Code of Talent has no control nor the obligation to act regarding:

  • a) the Users which have access to the Platform and/or Services, such Users being designated by the Employer;
  • b) the content which is accessed by the User through the Platform, content which is loaded on the own liability of each and every User;
  • c) the effect on the User of the content accessed by the User through the Platform;
  • d) the interpretation or use by the User of the content of the Platform;
  • e) the actions made by the User as a result of accessing the content of the Platform or of the Services;
  • f) the content, the accuracy, the conformity with the copyright rules, the lawfulness or the decency of the information loaded on the Platform or which can be found on the links towards other websites outside the Platform.

5.4. Code of Talent, either directly or through the intermediary of a training company provider, makes available the Platform and the Services on an “AS IS” basis, “WITHOUT WARRANTIES” and “AS THEY ARE AVAILABLE”.

5.5. The User understands that the Services can be modified/terminated and the User understands that Code of Talent is not liable in case it is a third party to the contract between the training company provider and the Employer.

5.6. Code of Talent is not liable for interruptions of the running of the Platform in order to update it, to keep it to an optimal state of functioning, for the lack of internet performance or for other situations in which the Platform cannot be accessed due to technical errors which are not under the control of Code of Talent.

5.7. Code of Talent is not liable for any damage, direct or indirect, special, incidental which results from the use or the inability of using the Platform.

6. DATA PROTECTION

6.1. Code of Talent undertakes to comply with the provisions of Regulation (EU) no. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on data protection) (“Regulation no. 2016/679”).

6.2. The obligations of Code of Talent towards Users regarding the protection of Personal Data are described in the Privacy Policy.

7. GOVERNING LAW AND COMPETENT COURTS

The use of the Platform and the Agreement are governed and interpreted according to the Romanian law. Any dispute over the use of the Platform and / or the Agreement will be settled amicably first. If the parties do not reach agreement on the dispute, it will be settled definitively by the competent Romanian court

8. MISCELLANEOUS

8.1. Code of Talent reserves its right to modify/complete the present Terms of Use at any time, modification which shall be published on the Plaform and communicated by e-mail to the Users. By continuing to use the Platform after the entry into force of any modifications/additions, the User agrees to comply with them. The User is advised to verify from time to time the present Terms of Use.

IN CASE THE USER DOES NOT WANT TO ACCEPT THE PRESENT TERMS OF USE, INCLUDING THEIR MODIFICATIONS/ADDITIONS, THE USER MUST STOP USING THE PLATFORM AND THE SERVICES.

II. Privacy Policy

1. INTRODUCTION

We assure you that confidentiality is valuable to us. We are not interested in your Personal Data other than those that allow us to provide you with our Services. The purpose of this document is to describe how we collect, use and treat your Data when using the Platform, as well as your rights with respect to your Data. Unless otherwise stated, the capitalized terms in this document will have the meaning described in Section I. "Terms of Use".

BY USING THE PLATFORM, YOU DECLARE THAT YOU AGREE TO THE COLLECTION, STORAGE, USE AND DISCLOSURE OF YOUR DATA AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MAY NOT USE THE SERVICES PROVIDED BY US.

2. THE QUALITY OF CODE OF TALENT

2.1. Code of Talent shall process the User’s Data, as processor according to art. 28 of the Regulation no. 2016/679, acting in the name of the Employer or, as the case may be, in the name of the training company provider to whom it granting the right to sublicense the Platform to the Employer, the Employer being controller according to art. 4 point 7 of the Regulation no. 2016/679.

3. TYPE OF DATA PROCESSED, STORED AND USED

3.1. When creating the User’s account, as well as during the Agreement, in order to provide the Services, Code of Talent shall collect, store and use minimum Data made available by the Employer or by the User via the Platform, such as:

  • a) First name and last name;
  • b) E-mail address;
  • c) Function;
  • d) Department;
  • e) Location.

3.2. The User expressly and irrevocably confirms and agrees that the refusal to provide the Data requested at art. 3.1, which is necessary for the provision of the Services as described in art. 5.1 below, as well as the User’s express request to delete such Data, will imply the impossibility to receive the Services through the Platform.

3.3. The Platform gives you the possibility to create a profile containing Data related to education, professional experience, professional accomplishments, personal details. These Data are not necessary to us in order to create the account and give you access to the Platform. However, if you provide these Data within the Platform, they will be visible to other Users within your Employer. Please do not insert Data that you do not want to be public. Code of Talent will not be liable for such Data voluntarily inserted by you.

3.4. When using our Services, certain Data are automatically transmitted by the electronic systems used and that Data are collected and stored by the Platform. These Data include, but are not limited to:

  • a) IP addresses (internet protocol);
  • b) Type of the browser and its version;
  • c) Data and hour of accessing our Services.

3.5. Certain information that is relevant to the use of the Platform may be stored on the devices provided by the Employer, or on personal devices if the User uses personal devices for work (desktop or mobile) in the form of cookies. These cookies help to improve the use of our Services, for example by storing the unique identifier in the Platform associated with the User, which allows faster access to pages on the Platform. It is possible to disable the collection of these Data by blocking the cookies in browser settings, but certain features of our Services may be affected.

3.6. The Platform is installed in the specializes data centers of Amazon Web Services Europe. The User understands and agrees that the data storage in this provider's cloud infrastructure will determine the applicability and the prevalence of Amazon Web Services’ Terms and Conditions, Code of Talent not being liable for the services provided by Amazon Web Services.

3.7. We shall also collect and store all the correspondence you send us, such as notifications, requests, questions and demands regarding our Services. In this regard, please use the e-mail address specially created for such notifications: [email protected]

4. LEGAL BASIS AND PURPOSE OF DATA PROCESSING

Code of Talent will collect your Data on the basis of the contract concluded with your Employer, directly or through the intermediary of a training company provider and only for the purpose of providing access to the Platform in order to fulfill its contractual obligations towards the Employer or towards the training company provider regarding the functionality and facilities of the Platform and for the provision of the Services as described at art. 5.1. below.

5. USE OF DATA AND THE RECIPIENTS OF DATA

5.1. Your Data may be used by Code of Talent in order to provide the Services, as follows:

  • a) to ensure the access on the Platform and to provide the maintenance services and update of the Platform;
  • b) to provide you with the requested information and to respond to your correspondence;
  • c) to provide, maintain or expand our Services;
  • d) for contacting you when necessary.

5.2. Your Data may be used by the Employer, other users within your Employer, Code of Talent, authorized representatives of the training company provider, as the case may be, or third-party subcontractors such as Amazon Web Services Europe as a cloud provider, and only to fulfil the contract concluded by the Employer with Code of Talent or with a training company provider, as the case may be, for the provision of services and of the Platform.

6. DURATION OF DATA PROCESSING

6.1. Your Data necessary for the creation of the account shall be kept by Code of Talent for the entire duration of the contract concluded by the Employer with Code of Talent or, as applicable, with the training company provider. After this period, we reserve the right to retain your Data, if they are necessary in order to accomplish our contractual obligations with the Employer or, as applicable, with the training company provider, or in order to accomplish legal obligations or for defending our rights before the competent courts of justice.

6.2. Regarding the other Data which are not related to the creation of the account and which are stored on the Employer’s servers or of third parties according to art. 3.6., these Data shall be kept according to our internal policy or legal obligations of the Employer, Code of Talent not being liable for these Data and acting at the express request of the Employer or the training company provider, as a contracting party in the relationship with the Employer or the training company provider, in order to ensure the functioning of the Services.

6.3. If the User terminates the employment/collaboration relationship with the Employer, the Employer has the possibility to ask Code of Talent or the training company provider or to delete your account if it so desires and, in the latter case, the training company provider is obliged to further inform Code of Talent to delete the account by transforming all Data in that account into anonymous Data, as well as all Data associated with that account that (i) are published in the interface accessible to other Users and that (ii) are identified in the accounts of other Users.

6.4. Upon termination of the contractual relationship between the Employer with Code of Talent, or as the case may be, with the training company provider, as well as of the fulfilment of all contractual obligations within 90 days as of this date of termination, the Employer/ the company training provider will notify Code of Talent in this regard, and Code of Talent is required to remove the copies of all Data processed by Code of Talent through the Platform which is hosted in the Amazon Web Services Europe cloud.

7. ACCESSING THE DATA

7.1. Your Data shall be accessed by Code of Talent’s employees and / or by the training company provider’s employees with attributions in this regard, by the Employer’s representatives or by third parties such as Amazon Web Services as cloud provider, only for providing the Services.

7.2. Your Data may also be visible to other Users within your Employer, as a result of using the Platform.

8. USERS’ RIGHTS

8.1. As User of our Services, you have the following rights:

  • a) the right to obtain, through a request and free of charge, the confirmation that your Data are processed or not by Code of Talent, its commercial partners including training companies providers, the information regarding the purposes of the processing, the duration of processing;
  • b) the right to obtain, through a written, dated and signed request and free of charge, the rectification, update, blocking or deletion of Data whose processing is not made according with the Regulation no. 2016/679, especially of incomplete or inaccurate Data, their transformation into anonymous data, as well as the notification of any of these actions to third parties to which the Data have been disclosed;
  • c) the right to be transmitted to other controllers, including the right to request Code of Talent to transmit to other controllers the Data regarding the Users (if technically possible);
  • d) the right to object, at any time, for legitimate reasons related to your particular situation, to the processing of your Data, excepting for cases when there are contrary legal provisions; in case of justified objection, the processing of those Data cannot take place anymore;
  • e) the right of access the National Supervisory Authority for Personal Data Processing and/or to the courts of law in order to protect the rights provided by the Regulation no. 2016/679.

8.2. In order to exercise your above-mentioned rights, you may address a written, dated and signed request to:

  • a) Code of Talent S.R.L., to the attention of: DPO Code Of Talent
  • b) Postal address: bld. Primaverii, nr.51, et. 1, sector 1, Bucuresti
  • c) e-mail address: [email protected]

9. USERS’ OBLIGATIONS

As User of our Services, you have the following obligations:

  • a) to provide real, accurate and complete Data about you as requested in the electronic form of access on the Platform, in case there is such a form. In case your Data are not real, accurate and complete, you have the obligation to immediately notify your Employer in order to remedy this situation and your Employer shall notify in this regard Code of Talent, directly or through the intermediary of the training provider company, as the case may be;
  • b) to maintain and to renew your Data in order to be real, accurate and complete, when necessary;
  • c) not to publish on the Platform obscene, defamatory, threatening or malicious information or reviews towards any other User or any other third party, materials or information prohibited by the applicable legal provisions;

In the event of non-compliance with these conditions, Code of Talent will dissociate itself from their author and reserves the right to delete the information and to act legally.

10. CODE OF TALENT’S OBLIGATIONS, AS THE DEVELOPER OF CODE OF TALENT PLATFORM

Code of Talent undertakes to observe the following obligations:

  • a) to act strictly for the purpose of performing the Services according to the instructions received from the Employer based on the contract with the Employer or, in case the license agreement for the use of the Platform was concluded by Code of Talent with a training company provider, then in accordance with the instructions received from the training company provide, and to process only the Data strictly necessary for the provision of the Services;
  • b) to apply appropriate technical and organizational measures to protect Data against accidental or unlawful destruction, loss, modification, disclosure or unauthorized access, and against any other form of illegal processing, thereby understanding that Code of Talent will apply all technical and organizational measures necessary to pseudonymize Data, minimize Data, integrate the necessary safeguards in the processing;
  • c) to give access to Data only to persons trained in Data processing and who have duties in the processing of the Data

11. AMENDMENT OF THE PRESENT PRIVACY POLICY

11.1. We reserve the right to amend the present Privacy Policy as a result of changes in the law or the type of Services offered.

11.2. The updated Privacy Policy shall be communicated to the Users through their e-mail, in order to be analyzed by them before its official publishing on the Platform.

11.3. The updated Privacy Policy shall enter into force as of its publication on the Platform.

11.4. By continuing using the Platform after the entering into force of the updated Privacy Policy, the User agrees to comply with it.

11.5. The User is advised to verify from time to time the present Privacy Policy.

11.6. IN CASE THE USER DOES NOT WANT TO ACCEPT THE PRESENT PRIVACY POLICY, INCLUDING ITS SUBSEQUENT AMENDMENTS, THE USER MAY NOT USE THE PLATFORM / SERVICES PROVIDED.

12. LEGAL CHANGES WITHIN CODE OF TALENT

In the event that we will be involved in a process of reorganization, merger, acquisition or any other change of control over us or transfer of assets, your Data may be transferred as part of that transaction, at which point we will notify you to communicate your rights and to ask for your consent regarding such transfer.