Terms and Conditions of use of the Pix Orga plateform

Article 1. Preamble

The Pix “Groupement d’Intérêt Public” (French public interest group; GIP) approved by the decree of 27 April 2017 giving approval of the agreement establishing the public interest group ‘Pix’, with registered office at 156 Boulevard Haussmann, 75008 Paris (France), developed the Pix platform within the framework of a public project in partnership with the French Ministry of Education and Ministry of Higher Education, Research and Innovation.

The Pix platform is an online platform for assessing and certifying digital skills. Its aim is to help raise the general level of digital knowledge and skills and thus help prepare the digital transformation of society and the economy. It is based on the European DigComp reference framework, which defines digital skills on eight (8) levels and in five (5) competence areas:

Information and data,
Communication and collaboration,
Content creation,
Protection and security,
Environment and digital technology.

The Pix Orga platform is based on the Pix platform and enables specifier users to launch testing campaigns for any type of audience receiving support on the topic of digital skills (people in initial on ongoing training, within the framework of digital mediation initiatives and/or employees within public or private organisations, for example) and collect and analyse the results from the Pix platform.

The Pix Orga platform is accessible at the following URLs: orga.pix.fr and orga.pix.org.

It provides a private and limited space called an ‘organisation space’, providing logged-in users with access to services according to their user (including specifier) or administrator role.

Article 2. Definitions

‘terms and conditions’: refers to these terms and conditions for the use of the Pix Orga platform,
‘organisation space’: refers to the space created by the Pix GIP at the organisation’s request,
‘data’: all the information of any kind provided by the organisation and/or the users under their full responsibility, hosted by the Pix GIP and intended to be processed with the framework of service implementation,
‘login credentials’: login and password entered by a user in a personal and confidential way when creating a user account, enabling access to the services from a secure connection to the Pix Orga platform,
‘organisation’: refers to the legal entity authorised to use the services, if applicable, under a separate contract with the Pix GIP or a third party, that has authorised the user to administer the organisation space on the Pix Orga platform,
‘Pix platform’: public platform for assessing and certifying digital skills based on an IT infrastructure made up of interfaces, database(s) and server(s) that is accessible online in SAAS mode. Its source code is under the open source licence GNU GPL V.3,
‘Pix Orga platform’: platform based on the Pix platform with a specific interface, enabling the organiser to launch testing campaigns with the users concerned and to collect and analyse the results from the Pix platform, that is accessible from a web portal published online on a secure website by the Pix GIP,
‘services’: access by the user – via the Internet, in SaaS mode – to the features of the Pix Orga platform as described in the Article ‘Presentation of the services’,
‘user’: refers to any physical person who has created a user account under the conditions provided for in the Article ‘User account’ enabling them to access the services of the Pix platform, who can join test campaigns in particular,
‘Pix Orga user’: refers to a user with access to at least one organisation space and the campaign management and results analysis features of the organisation space, from the Pix Orga platform.

Article 3. Purpose

The purpose of these terms and conditions is to define the conditions for using and accessing the Pix Orga platform that is accessible at the aforementioned address.

Article 4. Acceptance and enforcement

4.1 Acceptance

The user may only use the Pix Orga platform and benefit from the services provided that these terms and conditions are accepted.

These terms and conditions are available and accessible to each user on the Pix Orga platform.

Prior to accepting these terms and conditions, the user declares that:

they are aged over 18 on the date of registration,
they have the legal capacity to commit to these terms and conditions,
they have a valid email address,
they have obtained all the information necessary from the Pix GIP as to the use of the Pix Orga platform and the services provided and have acknowledged and unreservedly accept these terms and conditions,
they have all the technical skills necessary to access and use the Pix Orga platform normally,
they have met the necessary technical prerequisites.

Acceptance of these terms and conditions is confirmed by the user who is using the Pix Orga platform for the first time clicking on the button ‘I accept the terms and conditions’, after they have read them all. This click is proof that the user has acknowledged these stipulations and implies acceptance of these terms and conditions.

The user has the option to save and print these terms and conditions using the standard functionalities of their browser or their computer.

The user acknowledges that access to and use of the Pix Orga platform and the services provided requires observance of all the stipulations defined within these terms and conditions.

4.2 Enforcement

These terms and conditions are legally binding to the user as soon as they have accepted them when creating a user account or above all when they first access the organisation space.

In all cases, on the date of the user’s first use of the organisation space, they are deemed to have read the terms and conditions which are now applicable.

The Pix GIP reserves the right to make all the changes they deem necessary and useful to these terms and conditions.

These terms and conditions are enforceable throughout the duration of the use of the Pix Orga platform until new terms and conditions replace them.

The Pix GIP undertakes to provide the user with all the new terms and conditions. Any use of the user account by the user after changes to the terms and conditions implies their acceptance of the new terms and conditions.

The terms and conditions shown online on the Pix Orga platform take precedence over any printed version from an earlier date.

The user may at any time forego the use of the organisation space and the service, but remains responsible for any previous use.

Article 5. User account

The user account creation procedure includes the following steps.

Step 1. The user fills in a web form on the Pix platform.

The form shows the required data that must be filled in to create a user account (first name, surname, email address and password) with an asterisk.

The user must enter a valid email address that will enable a confirmation email to be sent when their user account is created. Furthermore, they must choose a password that meets the following requirements:

8 characters minimum with at least one letter and one digit.

The user must confirm, by checking the box, that they have read and accept the Pix platform terms and conditions.

Step 2. The user logs into their user account with their login credentials, it being recalled that they are personal and confidential.

The user is solely responsible for ensuring the password remains confidential, and as a result, the consequences of involuntary disclosure to anyone.

Any use of the user account with the password allocated to the user is presumed to originate exclusively from the user.

The user will immediately report any theft of their password or any use by a third party that they are aware of. This notification must be sent to: support@pix.fr.

They can reset the password via the user account by clicking the ‘Forgot your password?’ tab then by entering their email address. An email will be sent to the user, enabling them to define a new password that must also comply with the aforementioned requirements.

Article 6. Organisation space

6.1 Presentation of the services

The organisation space enables the user to benefit from the following services:

definition and launch of assessment campaigns,
management of assessment campaigns,
analysis of the assessment results.

6.2 Access to the organisation space

A user’s access to a Pix Orga space is implemented by the Pix GIP.

It presumes that the user has already created a Pix account. Once this access is put in place, the user can access their organisation space by visiting orga.pix.fr or orga.pix.org.

When they first log in to the Pix Orga they accept the terms and conditions.

Article 7. Accessing the Pix Orga platform

The Pix Orga platform is normally accessible 24 hours a day, 7 days a week.

The Pix GIP reserves the right to restrict access to services either totally or partially, with an impact on their availability, in order to maintain the Pix Orga platform within the framework of work scheduled in advance, including the servers and infrastructure implemented for the provision of services.

The Pix GIP reserves the right to supplement or modify its services, the user account, the appearance and more generally, the Pix Orga platform at any time, according to changes in technology.

The user will be responsible for monitoring the possibilities for upgrading the IT and transmission resources available to them so that these resources can be adapted to upgrades to the Pix Orga platform and the services offered by the Pix GIP.

If the Pix Orga platform is suspended or impossible to use, the user can always contact the Pix GIP’s support service to obtain information at the following address: support@pix.fr.

Article 8. Technical features

The Pix GIP endeavours to provide a quality service. It enables users to use the services provided to them under the best conditions possible.

The Pix GIP is bound, with respect to the user and in accordance with the relevant standards and usage, to an obligation of means in execution of the service.

Due to the nature and complexity of the internet network, and in particular, its technical performance and the response times in consulting, querying or transferring information data, the Pix GIP makes every effort to enable access to and use of the platform, in accordance with industry standards. The Pix GIP cannot guarantee the accessibility or absolute availability of the platform enabling access to the service.

The Pix GIP cannot be held responsible for the smooth operation of the user’s IT equipment as well as their access to the internet.

The Pix GIP informs the user of the following technical prerequisites that are necessary to the smooth operation of the Pix Orga platform and the services:

a web browser (Firefox, Internet Explorer 9 and above, Edge, Chrome, Safari or Opera) in a recent version (not dating back more than 2 years),
a satisfactory internet connection.

Article 9. Use

The user undertakes only to use their user account, the organisation space, the services and more generally, the Pix Orga platform under the conditions defined in these terms and conditions and also:

no to use the organisation space for personal use or in a way that is contrary to the normal use of the Services,
not to commit any infringements.

The user is responsible for the use of their user account, the organisation space, the services and more generally the Pix Orga platform. They undertake to use the user account honestly, in accordance with these terms and conditions and the applicable law and regulations, in particular the laws relating to intellectual and industrial property, personal data protection and privacy.

The user will refrain from gathering information about other users in any way whatsoever, either manually or automatically, in particular email addresses, without their consent, in particular with a view to sending unsolicited advertising or spam or chain emails.

Article 10. Security

Any fraudulent access to the Pix Orga platform is forbidden and criminally sanctioned.

The Pix GIP makes every effort, in accordance with industry standards, to secure the Pix Orga platform, given the complexity of the Internet. It cannot guarantee absolute security.

The user may inform the Pix GIP of any fault in their user account by sending a notification to: support@pix.fr.

The user agrees to take all the appropriate measures to regularly back up their own data and to protect their data and/or software and/or devices used against infection by any viruses on the internet network.

Article 11. Maintenance and support

11.1 Support and assistance to the Pix Orga user

The Pix GIP provides support of an exclusively technical nature to the Pix Orga user who is responsible for escalating any malfunctions in the services they themselves and/or standard users they have invited have observed.

The user can reach the Pix GIP’s technical support by email at the address support@pix.fr.

The Pix GIP offers various assistance and support services to the user. The user can contact the Pix GIP to agree on the terms of their implementation, under a separate contract.

11.2 Progressive maintenance

The services are likely to evolve over time to take into account the technological upgrades and needs of organisations who use Pix Orga and users.

The services may be upgraded at any time by the Pix GIP.

It is the organisation and users’ responsibility to upgrade their information system (hardware and software resources such as updating the operating system or browser) at their own expense, in the event of service upgrades that reasonably require it, to take changes to the technological standards into account.

The Pix GIP is not responsible for damages of any kind that may result in the temporary unavailability of all or part of the services due to maintenance operations.

Article 12. Liability

12.1 User’s liability

The user accesses and uses the Pix Orga platform at their own risk and under their own liability, in accordance with the applicable French legislation as well as with these terms and conditions.

The user is solely responsible for the legality of the data they communicate within the framework of accessing and using the Pix Orga platform and holds the Pix GIP harmless in this respect.

The user is solely responsible for the activity that takes place from their access to the Pix Orga platform.

The user will not disrupt other users’ access to and/or use of the Pix Orga platform or access third parties’ user spaces.

Any operation carried out on the Pix Orga platform with the user’s login credentials is considered to have been done on behalf of the latter and incurs their responsibility.

The user undertakes not to commit any action that could jeopardise the Pix GIP’s IT security or that of other users, in accordance with the Article ‘Security’.

The user undertakes not to interfere with or interrupt the normal operation of the user account, and more generally, the Pix Orga platform.

The user undertakes to indemnify the Pix GIP, its director, employees and other agents against complaints, action, proceedings or convictions of the latter resulting from the user’s failure to observe the terms and conditions.

12.2 The Pix GIP’s liability

Given the diversity of data sources concerning the user, the conditions of its consultation and the time scales required to transmit it, the Pix GIP will do everything it can to guarantee the general quality and relevance of the information disseminated.

The Pix GIP will endeavour to perform all the operations incumbent on it relating to the user’s account and the organisation space in accordance with industry standards.

The Pix GIP cannot be held liable for the quality of services, as these are provided ‘as is’, which the user accepts.

Furthermore, the Pix GIP’s liability cannot be incurred:

in the event of temporary or total unavailability or all or part of access to the Pix Orga platform and, in general, any performance faults,
due to the impossibility of accessing the Pix Orga platform, related to the destruction of materials, IT attacks or hacking or the temporary or permanent withdrawal, deletion or banning, for any reason whatsoever, of access to the Internet network,
within the limits of the current legislation, by any indirect damage including the loss of profit, data or any other loss of intangible assets, due to the use of the Pix Orga platform, or on the contrary, the impossibility of its use,
due to a malfunction, unavailability of access, incorrect use, incorrect configuration of the computer or the user’s roaming devices, or the use of a browser or operating system that is little used by the user,
in the event of fraudulent or abusive use or due to the deliberate or involuntary disclosure to anyone else of the access codes entrusted to the user.

By common consent, the parties agree that a user invited by a Pix Orga user to an assessment campaign will contact the organisation to request any compensation, given that:

The Pix GIP may be held liable, under the provisions of common law, for any direct and foreseeable damages suffered by the user, excluding all indirect damages,
Indirect damages are considered to be, notably, the loss of data, time, benefits, turnover or margins, the loss of orders, customers, operations, revenues and commercial actions or damage to the brand image, the expected results and actions by third parties, even if the Pix GIP was duly informed of the risk that such damages could occur,
By mutual agreement with the organisation and irrespective of the causes, the Pix GIP’s liability shall be limited to the amount (excluding VAT) of the price paid by the customer in return for the services that gave rise to the incident during which the damage occurred,
By common agreement, the Pix GIP’s liability cannot be incurred due to the services when they are provided free of charge.

This clause shall remain applicable in the event all or part of this contract relationship is terminated or becomes null and void.

Article 13. Intellectual property

The Pix GIP is, and remains, the exclusive owner of the protected elements of the Pix platform and Pix Orga platform that are not under an open source licence according to the terms of the French Intellectual Property Code, excluding any teaching resources or questions that are the intellectual property of third parties, if applicable.

The Pix GIP’s property right extends, in particular and within this framework, to all the documentation and databases of the Pix and Pix Orga platforms, as well as their interfaces including test questions (list not exhaustive).

These terms and conditions contract will under no circumstances be considered to transfer or assign the intellectual property rights of the Pix and Pix Orga platforms or the services to users.

As a result, the users will refrain from any action that may directly or indirectly infringe the Pix GIP or third parties’ intellectual property rights. In particular, they will refrain from editing, copying, reproducing, downloading, disseminating, transmitting, commercially exploiting and/or distributing the services or pages of the Pix and Pix Orga platforms in any way whatsoever, insofar as they would respectively be subject to protection under an intellectual property right for their parts which are not under an Open Source licence.

Only use compliant with the Pix Orga platform’s purpose is authorised. Any use that is non-compliant or not explicitly authorised by the Pix GIP under these terms and conditions is illegal.

Article 14. Hyperlinks

The Pix GIP reserves the right to put in place hyperlinks on the Pix Orga platform giving access to web pages other than those of the Pix and Pix Orga platforms.

The Pix GIP declines any liability as to the content of the information provided on these websites through the activation of hyperlinks.

Each user access third-party websites under their sole and entire responsibility.

Any hyperlink on a third-party website that redirects to any of the internet pages of the Pix platform requires prior and written consent from the Pix GIP.

Article 15. Personal data

As part of its relationships with users, Pix GIP, as the data controller, may need to process the following personal data relating to a user’s identity: surname(s), first name(s), role, entity and/or department, work email address, login credentials, ID in use within the organisation (excluding any ID listed as sensitive data within the meaning of the French data protection authority (CNIL)) and usage logs.

Within the framework of creating a user account, the user is informed that information marked with an asterisk on the collection form is required. Without this information, the user’s request cannot be processed or its processing may be delayed.

This data is processed for the internal needs of the Pix GIP for the sole purpose of the administrative management of the services, including:

managing access to the Pix Orga platform,
managing and monitoring the user account and the organisation space (creation, editing and deletion),
managing requests to access, rectify and object to the processing of the personal data of the people concerned,
statistical tracking of browsing on the Pix Orga platform,
statistical monitoring of the users and their level of skill.

The user is informed and agrees that their data will be processed for the aforementioned purposes.

Data is processed on the following legal bases: your consent (when you accept these terms and conditions), execution of these terms and conditions and the Pix GIP’s legitimate interest in implementing management processing and the processing required to develop their business activity.

This data is intended for the Pix GIP as data controller, its authorised personnel and potential sub-processors.

Data will be stored for a period of 5 years maximum from the last use or last time the user account and/or organisation space was accessed, and archived for the period required by law (5 years).

Any person who is the subject of data processing (the ‘data subject’) has the right to be informed, access, rectify and delete their data, a right to restrict processing, to the portability of their data and to object to processing for legitimate reasons.

Furthermore, the user has the right to formulate specific and general instructions concerning the storage, deletion and communication of their data after their death. General instructions can be sent to a third person who will be appointed by Decree.

An email should be sent to dpo@pix.fr to communicate specific post-mortem instructions or to exercise rights. A photocopy of a signed piece of ID and supplementary information may be required in the event of any doubt regarding the user’s identity.

Lastly, the user has the right to bring a claim before a supervisory body, in particular the French data protection authority (“Commission Nationale de l’Informatique et des Libertés”) (hereinafter the “CNIL”) and to withdraw their consent at any time.

Furthermore, the Pix GIP may process users’ personal data as a sub-processor of the organisation. The latter, as data controller, is responsible for complying with the obligations incumbent upon it concerning personal data protection, in accordance with the agreement between them and the Pix GIP, where applicable.

Article 16. Cookies

The user is informed that, during the use of the Pix Orga platform, one or more cookies may be installed automatically on their browsing software irrespective of the type of hardware used (computer, tablet or telephone). They are informed of their purposes by the presence of an information banner and that by continuing to browse they accept cookies on their browsing software and/or mobile telephone.

The cookie is a data block that is not used for identification purposes, but which is used to save information relating to the user’s browsing on the platform for the purposes of statistical monitoring of browsing on the Pix platform.

Configuring the browsing software and/or your mobile phone will inform you of the presence of one or more cookies and potentially enable you to reject them. The user may, if they wish, enable or disable the use of cookies by selecting the appropriate settings on their browsing software and/or mobile phone.

The user is informed that disabling cookies could prevent the use of certain features of the Pix Orga platform.

The user has the right to access, withdraw and edit the personal data provided through cookies under the conditions provided above in Article 15.

The information relating to the use of cookies by the online platform, their management and deletion by the user, and the right to access, withdraw or edit personal data provided through cookies are detailed within the cookie policy within the terms and conditions of the website www.pix.fr and www.pix.org.

Article 17. Termination

17.1 De-registration

Access to the user’s organisation space will be effective while the user logs in to the Pix Orga platform and uses its services. When a user has not logged in or has not used their account for a period of two (2) years, the Pix GIP can archive data concerning them and reactivate their account on request.

17.2 Suspension and exclusion

Should the user fail to meet the obligations of these terms and conditions, the Pix GIP reserves the right, without compensation or reimbursement, to suspend access to the platform until the cause of the suspension has been removed, eight (8) days after sending the user an email requesting that they comply with these terms and conditions. In the event of repeated failure by the user to meet the obligations of these terms and conditions, the Pix GIP reserves the right to terminate the user’s registration and access without compensation or reimbursement eight (8) days after sending the user an email requesting that they comply with these terms and conditions that has remained without response, and to terminate the user’s registration and subscription and prevent access to their user account or to prohibit access to all or part of the services, without prejudice to any action under common law which may be taken against them.

Article 18. Agreement of proof

Online acceptance of these terms and conditions electronically between the parties has the same evidential value as the agreement on paper.

Computer registers stored on the Pix GIP’s IT systems will be stored under reasonable security conditions and considered as proof of the communications between the parties. They will be admissible until the contrary is proven.

The terms and conditions of the Pix Orga platform are archived on a reliable and durable medium that can be produced as evidence.

Article 19. Invalidity

If one or more stipulations of these terms and conditions are held to be invalid or declared as such pursuant to the application a law or a regulation, or following the final ruling by a court with jurisdiction, the other stipulations shall retain their full force and scope.

Article 20. Applicable law

These terms and conditions are governed by French law. This applies to the rules of substance and rules of form, whatever the location in which the substantive or ancillary obligations are performed.