Terms of Service

Klassroom app

Version of September 1, 2020

These general conditions of use describe the conditions under which the company Klassroom SAS, 10 rue de Penthièvre 75008 Paris (hereafter, Klassroom), offers 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:  means the periodic contract to which the Municipality, the Establishment, the Teacher, the Administration or the Parent subscribes by Class for the purpose of benefiting from the services offered by Klassroom.

Klassroom Prime Subscription:  means a paid Subscription taken out for a period of one (1) month, renewable automatically until the end of the Class, allowing access, during the duration of said Klassroom Prime Subscription, to all Paid Services described in article 4.2 of these Terms of Use.

Klassroom Pro Subscription:  means a paid Subscription taken out for a period of one (1) month renewable automatically until the end of the contract with Klassroom, by the Municipality, the Establishment, the Teacher 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 has created an Account.

Application:  indifferently designates the Mobile Application and / or the Web Application.

Mobile application  : refers to the Klassroom mobile application edited and supplied by Klassroom available for download on the following mobile application download platforms: AppStore for the iOS system, GooglePlay for the Android system and on which the Services are offered.

Web application:  refers to the Klassroom web application edited and supplied by Klassroom available on the Site and on which the Services are offered.

Class: refers to the class created by the Owner Teacher on the Application and whose identifier (Class Key) is sent to Parents or Pupils or other Teachers or to authorized Administration staff under the sole responsibility of the Teacher Owner.

Account : refers to the User's account, whether Parent, Teacher or Administration, created under the conditions described in Article 3.2 below and allowing the User to access all the functionalities of the 'Application.

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

Municipality  : designates a set of Establishments.

Conditions of Use  : refers to these conditions or any later version which are intended to define the conditions of use of the Application by the User.

Class End Date : designates the Class end date specified when the Class was created by its Owner.

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

Student:  refers to a student who is part of a Class and whose Parent or Relative has created an Account and completed the Student Profile.

Establishment:  means a school educational establishment, whether private or public, or a company, association or municipality offering extracurricular activities.

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

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

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

Profile  : designates the profile of any User, whether Parent, Teacher, or member of the Administration, which consists of the User's identifiers (telephone number, user name, and password for the version web) and specific information related to its quality (surname, first name and Class of the Student for the Parent; Classes managed for the Teacher).

Student Profile  : refers to the profile of the Student entered by the Parent and linked to the Parent's Account.

Data Controller  : means (i) for primary schools, the Academic Director of National Education Services or the Rector of the Academy; for the secondary level, the head of establishment (ii) Klassroom with regard to the processing of data relating to Users, Parents or Pupils of an Establishment other than a public educational establishment.

Services  : refers to the free and / or paid Services made available to Parents with or without a Subscription described in article 4 of these Terms of Use.

Site  : refers to the website published by Klassroom available at www.klassroom.fr .

User  : refers to any natural or legal person having downloaded the Mobile Application or using the Web Application, having access to the functionalities and Services offered by the Application and having accepted the Terms of Use by using the Application and / or by creating an Account under the conditions provided for in article 3.2 below.

2. Description of the Application

The Application is a mobile communication platform between Parents / Relatives and Teachers, which allows in particular, according to the parameters chosen by the Owner:

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

• Parents to inform 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 communicate with each other through private chat;

• Parents to have a Klassbook printed.

.

3. Use of the Application

3.1 Acceptance of the Terms of Use

The Terms of Use come into force on the date they are posted online 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 legal 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 in the name of the Administration, it being specified that in this case, the User must identify himself under the “Administration” category 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 duration of use of the Application and until new general terms of use replace them. The User may at any time give up using the services available on the Application. In this case, he remains fully responsible for his previous use of the Application and in particular for the Content that he may have published or transmitted through the Application.

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

3.2.1. To have access to the functionalities of the Application, the User must first create an Account.

- On the mobile application

Step 1: After downloading the Mobile Application on one of the mobile application download platforms, the User enters his mobile phone number in the Application;

Step 2: the User receives a validation code by SMS to the telephone number provided;

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

Step 4: The User enters his first name, last name, and email address.

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

- On the web application

If the User connects to the Web Application, he is asked for a password to secure his Account.

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

Step 2: the User receives a validation code by SMS to the telephone number provided;

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

Step 4: The User enters a password and confirms it.

Access to the User Account is made by entering the password that was defined when creating the Account and of which the User undertakes to maintain confidentiality.

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

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

The User guarantees in particular that:

- the e-mail address provided when registering is perfectly valid and in working order since the only mode of communication between Klassroom and the User is the exchange of e-mails. It is their responsibility to inform Klassroom of any change in their e-mail address.

- the telephone number (personal or professional) is valid because it is the telephone number which allows Klassroom to identify each User.

The User is informed that, for security and confidentiality reasons, his telephone number is not visible on the Application, nor even in the User Profile, nor communicated to other Users.

The User's Account as well as the Services are accessible free of charge at any time, as long as the Class is open, as long as the User has an Internet connection and connects to the Application.

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

Once his Account has been created, the User can create a Class or join a Class according to his quality: Parent, Teacher or Administration.

The creation and deletion of an Account and a Class are separate and independent. Thus, a Parent can join one or more Classes after the creation of his Account and an Owner can delete a Class without proceeding to the deletion of his Account.

Mandatory information on the Application is marked with an asterisk.

• Create a Class

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

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

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

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

• Parents' comments on Class publications

• private messages between Users of the same Class,

• private chat between the Teacher and the Parents.

The Owner can configure the functionalities applicable for his Class by going to the “Settings” tab.

The Owner defines the identifier of the Class thus created (Class Key) which he will communicate to Parents, other teachers or authorized persons from the Administration, so that they can join the Class on the Application. It is the Parents who, when they join the Class, will complete the Student Profile.

The Owner undertakes not to publicly disseminate the Class Key, for example on a website, a Facebook account or any other means of dissemination accessible to persons other than Parents, other Teachers or persons in the Administration. empowered. Only the Owner can subsequently modify the parameters of the Class.

• Join a Class

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

To join the Class as a Parent:

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

The Parent also has the possibility of informing the passions and hobbies of the Student, what he does not like, his strengths (talents, facilities…), his possible difficulties (things to improve, weaknesses). This information is OPTIONAL and is only transmitted to the Owner Professor. They allow him to get to know the Student better.

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.

The Class Owner is thus able to identify, based on the information at his disposal, whether the Parent wishing to join the Class has parental authority over the Student concerned.

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

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

The User must enter the Class Key and his position as a Teacher 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 to the notifications and Content that concern it.

 • Delete a Class

To delete a Class, the Owner must click on the contextual menu of the Class then select "delete the class".

When the Class is deleted, the Content exchanged within the framework of the Class as well as the information relating to the Students specifically entered for the Class will also be deleted.

4. Description of Services

The Application is a service accessible  FREE of charge  with the possibility, for Parents, of adding paid options in the form of a Subscription as detailed below.

Klassroom functionality

Free Services for Parents

Klassroom Prime subscription for parents

 

Web application

Mobile app

 

Viewing the latest Class publication

included

included

included

Viewing publications from the last 24 hours

included

included

Included

Consultation of all the publications of the Class

included

Not included

Included

Viewing Content (photos, videos)

included

Included if the Content dates from the last 24 hours or is in the last publication

Included

Backup of Content (photos, videos)

not included

Not included

Included

Possibility to make requests

included

included

Included

Possibility to post a comment in the Class

Included

Included

Included

Initiate a Private Chat with the Parents of the Class

Not included

Not included

Included

Participate in a Private Chat initiated by the Class Owner or by another Parent with a Prime subscription

Included

Included

Included

Possibility of ordering a Klassbook (additional ordering costs)

included

included

included

4.1. Free Services

• For Teachers: Access to Klassroom via the Web Application and the Mobile Application

• For directors of Establishments or authorized members of the Administration: access to the dashboard (Klassboard)

• For Parents: Access to Klassroom via the Web Application and the Mobile Application. On the Web Application, Parents have free access to all of Klassroom's functionalities. In particular, they have access to all of the Teacher's publications in the classroom and can consult the Content (photos and videos) without being able to save them. They can also make a Request.

On the Mobile Application, Parents have free access to the Professor's latest publication as well as to all publications from the last 24 hours. They can consult the Content without being able to save it. They can also make a Request.

4.2. Paid Services: Klassroom Prime Subscription for Parents

• All the Free Services described in article 4.1 of these Terms of Use.

• Access to all the premium features of Klassroom via the Mobile Application for Parents by Class, offering the following advantages:

_ Access to all of the Teacher's publications in the classroom since its creation

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

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

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

4.3. Paid Services: Klassroom Pro

Klassroom offers the possibility to a Municipality, an Establishment or even a Teacher to cover the cost of the Klassroom Prime version for all the Class (es) at a preferential rate thus giving Klassroom Prime access to all Parents being part of their Classes.

4.4. Paid Services: Klassbook

At the end of the school year, Klassroom offers to print a photo book entitled "Klassbook" which contains Class Contents and photographs of Students whose parents have authorized the shooting and representation of the image of the Student on the Klassbook by communicating such authorization to the Teacher.

The price, the ordering methods and the general conditions of sale of the Klassbook appear on the Application in the “Klassbook” section.

5. Financial conditions and security of payments

5.1 Klassroom Prime financial conditions

The prices of Klassroom Prime Subscriptions displayed on the Site, App store and Google Play Store are indicated in the currency of the country in which the User downloads 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 remain in all cases the responsibility of the User, in full.

Klassroom reserves the right to modify its prices at any time. In the event of a change in the price of the Klassroom Prime Subscription packages, this change will be effective, from the renewal of the User's Subscription, who will receive an email message informing him of this change seven (7) days before the renewal of his Klassroom Prime Subscription.

If Klassroom modifies the prices of the Klassroom Prime Subscription packages, these modifications will be effective as soon as they are posted on the Klassroom site, App Store or Google Play.

5.2 Klassroom Pro financial conditions

The prices of Pro Subscriptions are determined based on the number and size of Classes. The price defines a unit price including VAT per Student or per Class. The total amount of the Pro Subscription is billed at the start of the Class period. The payment triggers the possibility, for Parents belonging to the Classes concerned, to use the functionalities of the paid Services.

5.3 Security of transactions

Payment of the price of the Klassroom Prime Subscription is made via the App Store or Google Play directly from the mobile according to the payment terms provided for and imposed by the App Store or Google Play.

Consequently, the User undertakes to:

  • read and comply with the general conditions of the App Store or Google Play;
  • authorize Apple or Google to debit the same means of payment, used for the subscription to 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 informing the User in the event of a change in it.

The App Store or Google Play are solely responsible for the terms and the payment process in which Klassroom is not intended to intervene in accordance with the conditions imposed by the App Store or Google Play. Any request for reimbursement or requests relating to payments should be addressed to the App Store or Google Play Services.

Klassroom will never have access to the financial information of the User. Klassroom is not responsible for transactions made through the App Store and Google Play.

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

6. Subscriptions: subscription, duration and termination by the User

6.1 Subscription subscription

If it has not been paid for by the Municipality or the Establishment, the User has the option of taking out a Klassroom Prime Subscription by accessing the premium features via the Mobile Application or via the Web Application. A screen presents the various benefits and the amount in the User's currency to be paid each month.

The User is under no obligation to take out a Subscription and can use the Mobile Application in its free version or the Web Application.

The subscription of a Klassroom Prime Subscription can only be made for personal purposes, which the User declares and acknowledges.

Failure by the User to comply with all or part of the obligations under the terms of these Terms of Use, and in particular concerning any payment incident for the price of the Subscription, may result in Klassroom's right to refuse the subscription. User any new Subscription subscription until their situation is regularized.

Before taking out his Subscription, except as part 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 payment. Before paying for their Subscription, the User is invited to accept the terms of these Terms of Use. It is assumed that the applicable Terms of Use are those in force on the day of confirmation of the Subscription.

Once the subscription for his Subscription has been paid and finalized by the User on the App Store or Google Play, a written confirmation will be sent to him by email from the App Store or Google Play, recapitulating the Subscription plan taken out, its price and the terms of use of the subscribed services. The User undertakes to keep the elements contained in the Subscription confirmation email, including the attachments of the latter.

6.2 Duration of Klassroom Prime Subscriptions

The subscription to a Klassroom Prime Subscription by the User is made on the App 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 minimum period of one month. The Klassroom Prime Subscription will be renewed automatically every month according to the conditions available on the App Store or Google Play.

If the User does not intend to renew or terminate his Klassroom Prime Subscription, the User must connect to the App 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 firm term and the sums paid in this respect are definitively acquired by Klassroom, including in the event of early termination of the Klassroom Prime Subscription.

6.3. Special provisions on the tacit (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 contracts for the provision of services concluded for a fixed period with a tacit renewal clause, the professional service provider informs the consumer in writing, by name letter or dedicated e-mail, at the earliest 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 that 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.

When 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-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days of the date of termination. , after deduction of the sums corresponding, up to this, to the execution of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules concerning consumer information ”.

6.4. End of the Klassroom Prime subscription

The end of the Subscription does not automatically generate the deletion of the Account since the User retains the possibility of accessing the free Services of the Application.

7. Right of withdrawal of the User having subscribed to a Klassroom Prime Subscription

The User who has taken out a Klassroom Prime Subscription acknowledges having received all the information relating to the services offered on Klassroom and more specifically to the various Klassroom Prime Subscription formulas offered on the Application, before subscribing to it and that the offer of these services complies with the requirements for the provision of services provided remotely, in particular via the Internet.

The App Store or Google Play are solely responsible for the modalities and the withdrawal process for Subscriptions purchased through them (Mobile Application). Klassroom is not intended to intervene in accordance with the conditions imposed by the App Store or Google Play. Any request for withdrawal must be addressed to them.

The User having taken out a Klassroom Prime Subscription on the Web Application must contact Klassroom for any withdrawal request via the e-mail address: bonjour@klassroom.fr .

8. Suspension and deletion of the User's Account - Uninstalling the Mobile Application

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

When the Account is suspended or terminated, the User Profile and the Student Profile are made unavailable on the Application.

8.1. Suspension of the User's Account by Klassroom

In the event of breach of these Terms of Use by the User, Klassroom reserves the right to temporarily suspend access to the Application to a User, without any refund of the Klassroom Prime Subscription possibly taken out by the user.

In the event of non-payment by the User having taken out a Subscription for the price of the Subscription within the required time limits, Klassroom will suspend all access to the Paid Services for the User as soon as possible.

8.2. Deletion by Klassroom of the User's Account

8.2.1. Deletion of the Account for breach by the User

In the event of failure to comply with these Terms of Use, Klassroom sends the e-mail address provided by the User an e-mail notifying the breach. If the breach is capable of remediation, and in the absence of remediation within ten (10) days, the Account will be terminated at the sole fault of the User, without the possibility of reimbursement of the Klassroom Prime Subscription possibly taken out by the User.

Moreover, Klassroom reserves the right to prohibit any new re-registration of a User whose Account has been terminated under the conditions defined herein.

8.2.2. Deletion of the Account for inactivity

When the User has not used their Account for more than two (2) years, Klassroom will send them an email to the address provided when creating the Account. If the User does not confirm his desire to continue using the Site or the Application, the Account will be deleted.

8.3. Deletion of the Account by the User

The User can permanently delete his Account:

- directly from the Mobile Application (from their Profile settings by clicking on "Delete my account") or by going to the "Contact Us" section then by requesting the deletion of their Account.

- directly from the Web Application from the settings of his Profile by clicking on "Delete my account") or by going to the "Contact us" section then by requesting the deletion of his Account.

It is recommended, when the deletion occurs during the school year, to inform the Teacher or the Parent Users in advance when the deletion occurs at the initiative of the Teacher.

The User is informed and recognizes that any deletion of the Account while the Subscription is still in progress will not result in any pro rata temporis refund.

PLEASE NOTE: DELETING THE ACCOUNT DOES NOT SUSPEND THE SUBSCRIPTION. TO SUSPEND YOUR SUBSCRIPTION, PLEASE DO IT FIRST DIRECTLY FROM THE STORE FOR USERS WHO HAVE TAKEN A SUBSCRIPTION VIA THE MOBILE APPLICATION OR FROM THE WEB APPLICATION FOR OTHERS.

8.4. Uninstalling the Mobile Application

The User can uninstall the Mobile Application from his phone at any time without notice. The User will no longer have access to the Mobile Application unless they download it again on their phone.

The User acknowledges that the uninstallation of the Mobile Application has no effect on the renewal of the Klassroom Prime 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.

9. Obligations of the User

9.1. General obligation

The User undertakes to use the Application in accordance with the provisions herein.

The User undertakes in particular to:

  • Communicate truthful and up-to-date information when registering;
  • not to disrupt the functioning of the Application;
  • keep the confidentiality of their username and password by not communicating them to anyone;
  • not to infringe the privacy and secrecy of correspondence by using the Application;
  • not to send messages or Content massively on the Application in order to preserve a normal quality of use of the Service with other Users;
  • not to modify, add or delete the 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 database protected by the law.

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

9.2. Provision of Content in the "Class" area

The User undertakes to make available on the Application and in particular in the space dedicated to the Class, Content related to the Class, its school and extra-curricular activities, and its members (Pupils and Teachers) including he is the author or that he is authorized to publish.

The Teacher acknowledges that it is his responsibility to obtain from the legal representatives of the Students all the documents and all the authorizations necessary for the proper use of the Application or the Site, in particular the authorizations for the distribution of 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 materials that it is up to him to adapt to the context or to the prerequisites of the academy on which he depends. , if applicable. Klassroom cannot be held responsible in this regard.

The User undertakes not to distribute any Content, whatever its nature or form:

  • violating image rights or respect for private life;
  • aimed at advertising or constituting the dissemination of advertisements;
  • infringing the intellectual property rights of third parties, in particular with regard to copyright or trademark law;
  • prejudicing the interests and rights of third parties;
  • encouraging the consumption of alcohol, tobacco or illicit substances;
  • inciting hatred, violence, committing an offense, a crime or an act of terrorism or suicide;
  • that constitutes harassment;
  • which may be deemed offensive, threatening, defamatory, xenophobic, racist, anti-Semitic, pornographic, pedophile, revisionist, homophobic, sexist;
  • containing any virus or any computer program likely to 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 good morals.

It is also strongly recommended that you do not distribute any Content containing sensitive data (eg information concerning racial or ethnic origin, religious opinions, health).

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

In order for the Content to be understandable by all, the User undertakes not to use abbreviations and SMS language. He generally undertakes to publish Content of quality, intelligible, coherent and respecting the law, the elementary rules of politeness and good morals.

The User has the possibility to withdraw at any time the Content that he has distributed in the “Class” space.

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

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

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

  • delete any Content that he has deemed to be contrary to the Terms of Use, without notice or justification and without the User whose Content has been unpublished being able to assert any claim against him;
  • or modify the parameters of the Class to remove the publication permissions of Users who have received them or to remove the permission for Users to comment on the publications.

In the event that the User finds that Content is manifestly illicit, such as Content that defames, denigrates, racist or infringes on privacy or that a hyper-text link points to third-party content that may be considered as such, the User may inform the Teacher or notify Klassroom by clicking on the "Report abuse" function (it being specified that the name of this function may possibly be changed), 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 names, profession, domicile, nationality, date and place of birth;
  • information relating to the User who sent the illegal Content;
  • the description of the disputed Content and its precise location;
  • the reasons for which the Content should be removed;
  • the possible copy of the correspondence addressed to the author of the illegal Content.

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

Klassroom recalls that the fact, for any person, of presenting a Content or an activity as being illegal in order to obtain the withdrawal or to stop the distribution, when he knows this information is inaccurate, is punished by '' one year's imprisonment and a fine of 15,000 euros (art. 6. I-4 of the LCEN).

The responsibility of Klassroom can in no case be sought in the event of exercise of this faculty of deletion or withdrawal of a reported Content and the User whose Content is unpublished can not assert a 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 the rights attached to it.

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

9.3. Correspondence between Users

Users, Parents, Students and Teachers can communicate with each other directly, according to the Class parameters defined by the Teacher, by sending Requests and private chat, if the latter functionality 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 above Terms of Use, which is fully applicable.

10. Liability / Guarantee

In general, Klassroom cannot be held responsible for any unforeseeable and / or indirect damage suffered by the User, such as, without this list being exhaustive, a loss of profit, a loss of opportunity, a loss of income. , data, any financial or commercial damage, any commercial disturbance or any immaterial damage such as damage to image or damage to reputation.

Klassroom cannot guarantee the User that the Application will meet their expectations exactly or that no errors will appear during the use of the Application. Klassroom does not guarantee the reliability or accuracy of the information appearing on the Application, nor the compatibility of the Application with the specific uses of the User.

Klassroom cannot be held responsible (i) for any non-compliant use of the Application by Users or any other third party, or (ii) for the Content made available by Users in the context of the use of the Application. .

In the event that Klassroom's liability is sought by a third party due to a breach by the User of any of the stipulations of the Terms of Use, Klassroom may call the User in warranty.

Klassroom cannot be held liable in the event of transmission difficulties or, more generally, of any disruption of the telecommunications network and the Internet. It is up to the User to have the necessary skills and resources (at the User's expense: internet access, telephone subscription, etc.) to access the various services. In any event, access to the Application is carried out under the sole control of the User and under his sole responsibility.

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

11. Access, modifications and evolutions of the Application

Klassroom reserves the right to temporarily suspend access to the Application or to all or part of the services provided by this means, for reasons beyond its control or for technical reasons related in particular to the need to update the services, to modify them, to ensure their maintenance, and, in general, for any other technical and organizational cause, without his liability being sought as a result. 

Klassroom reserves the right to make changes and improvements and / or changes to its Application or to the terms and conditions of access to services, particularly on the technical level, it being specified that any change can only be in the direction of one, increase in supply.

In addition, Klassroom reserves the right to permanently or temporarily cease one or more services available on the Application, by giving notice when this is applicable, without any compensation for the User and without his liability being sought. thereby.

12. Intellectual property 

12.1. Klassroom intellectual property

The Application as well as all the elements that compose it (such as logos, brands, designs, models, images, sound clips and videos, texts, photos, logos, graphic charter, software, the basics of data, without this list being exhaustive) are the exclusive property of Klassroom or have been the subject of prior authorization for use.

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

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

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

The User refrains from infringing, directly or indirectly, the intellectual property rights of Klassroom and refrains from using in any way the names, brands, logos, software, information, the databases and all documents communicated to it, in general, in the case of the execution of these Terms of Use.

12.2. Intellectual property of Users

The User is the holder of the intellectual property rights relating to the Content published in the Class and / or guarantees to have obtained all rights from the owners of intellectual property prior to the publication of the Content in the Class.

By posting Content in the Class, the User acknowledges that the Content will be accessible to the Users of the Class.

By publishing Content in the Class, the User expressly transfers to Klassroom the right to reproduce, represent, adapt, distribute, if necessary modify in order to take account of technical constraints, the Content only for the purposes of:

  • publication on the Application (in particular in the news feed accessible only to Users who have joined the Class),
  • download by Users who have purchased a Klassroom Prime Subscription,
  • edition and printing of the Klassbook.

This assignment is granted for the duration of the intellectual property rights insofar as the Content may be reproduced in the Klassbook or saved by Users (depending on the Services subscribed) which the User expressly authorizes. It is however specified that the Contents are deleted when the Class is deleted.

This transfer is free of charge and is granted for France.

13. Protection of personal data

13.1. 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, in accordance with the provisions of law n ° 78-17 of January 6, 1978 known as the “Data Protection Act” and European regulation n ° 2016/679 for data protection of April 27, 2016 known as “RGPD”.

Klassroom sets up a processing register, as data controller and as processor, in order to document the processing activities of personal data.

13.2. Data controller / processor - Legal basis for processing

Personal data is collected and processed by Klassroom, which acts as a subcontractor or as a data controller depending on the treatment envisaged:

- Klassroom is responsible for the following personal data processing:

Creation of an Account by a User;

Data processing relating to Users and Pupils;

Subscription to Paid Services;

Use of the Application (cookies).

In this context, the legal basis for the processing of personal data is the User's consent and the execution of the contract under these Terms of Use. Indeed, this personal data is collected, directly from the User, when an Account is created, when accessing a Class or more generally, when using the Application, that is, ie after acceptance of these Terms of Use.

- With regard to processing relating to a Class, and in particular Data relating to Pupils communicated by the Parent when he joins a Class, Klassroom acts as a subcontractor, on behalf of:

  • the Data Controller represented by the Academic Director of National Education Services (DASEN) for primary schools or the head of the establishment for secondary schools;
  • From the Establishment (company, association or municipality offering extracurricular activities).

KLASSROOM is responsible for processing personal data relating to Users and Pupils collected independently of the Class.

The legal basis for processing relating to a Class of a primary or secondary school is the exercise of a public interest mission in accordance with article L 131-2 of the Education Code.

13.3. Purpose

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

  • allow the identification of Users;
  • provide the Services;
  • and allow personalized and optimal use of the Application.

Klassroom, as a subcontractor, undertakes to act only on the instructions of the Data Controller and in accordance with the Data Protection Act and the GDPR.

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

  • allow the identification of Users;
  • provide the Services, in particular the Paid Services and allow personalized and optimal use of the Application;
  • manage Subscriptions.

13.4. Data collected and recipients

The data whose collection is compulsory for the creation of an Account and / or the use of the Services is indicated by an asterisk on the Application.

Klassroom may collect and process the following personal data, either as a data controller or as a processor:

  • Users: Name, first name, email address, preferred language, phone number, photograph. For the Owner: status of the creator of the Class, and position;
  • Students: Last name, first name, date of birth, sex, affiliation between the User and the Student (it is specified that Klassroom does not collect any data relating to the parental authority of Parents over the Students. Only the Owner de la Classe is able to verify this quality in the light of the information available to it), photography.

As part of the Class, the Parent has the option of completing the Student Profile by filling in the free fields with the following data:

  • Passions and hobbies of the Child (for example, a cartoon, a specific activity such as music or coloring),
  • what he does not like (for example, a specific food or activity), his strengths (talents, facilities such as language, humor, etc.),
  • any difficulties (things to improve, weaknesses, such as stopping the pacifier, distance from parents, etc.).

These elements allow the Teacher to get to know the Students better and thus to adapt the content of his teaching to the qualities / difficulties encountered by the Student but also to differentiate learning.

KLASSROOM hosts this data as part of the provision of the Application but does not use or process this data.

  • Technical and connection data relating to the Account (IP address, Connection logs).
  • Sensitive data

As part of the use of the Application, Klassroom recommends not to transmit sensitive data (for example information concerning racial or ethnic origin, religious opinions, health).

In the event that the User transmits sensitive data in the context of Requests 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 he can withdraw his consent at any time which will result in the deletion, by Klassroom, of all the Content published by the User in the "Class" space, private chats as well as the content of the Requests (and not the subject of the Requests which does not contain any Personal Data). The User is informed that he can also withdraw his consent at any time and delete at any time the comments he has posted in the “Class” area by clicking on “delete”.

  • Cookies

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 (last name, first name, photo if applicable) and to the Parent or Relative (last name, first name, photo if applicable) will be accessible to all Parents, the Teacher or to the Class Administration insofar as these data appear in the Class, which it accepts.

Optional information relating to the Student (passions and hobbies, what the Student does not like, strengths, any difficulties) are only accessible to the Owner Teacher.

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

Connection data: The connection data relating to the Account are intended for internal use only. Under no circumstances will this data be transferred or sold to third parties.

The table below summarizes the data collected by Klassroom either as data controller or as processor, as well as the recipients of this data.

Data

Data controller

Recipients (Data access)

     
   

Klassroom

Dasen for institutions of 1 st degree or the school head for establishment of the 2 nd degree or Establishment

Class Owner

Class Parents

Users

Klassroom

       

Last name First Name

Klassroom

   

E-mail adress

Klassroom

       

Preferred language

Klassroom

       

Phone number

Klassroom

       

Photography

Klassroom

   

Students (information completed by the Parent)

Klassroom

       

Last name First Name

Klassroom

   

Date of Birth

Klassroom

   

 

Sex

Klassroom

   

 

Relationship

Klassroom

   

Photography

Klassroom

   

Students (optional information)

Dasen for institutions of 1 st degree or the school head for establishment of the 2 nd degree or Establishment

Klassroom acts as a subcontractor

     

Passions and hobbies of the student (for example, a cartoon, a specific activity such as music or coloring),

Dasen for institutions of 1 st degree or the school head for establishment of the 2 nd degree or Establishment

 

what he does not like (for example, a specific food or activity), his strengths (talents, facilities such as language, humor, etc.),

 

any difficulties (things to improve, weaknesses, such as stopping the pacifier, distance from parents, etc.).

 

Technical and connection data relating to the Account

Klassroom

       

IP adress

Klassroom

       

Connection logs

Klassroom

       

Sensitive data (potentially collected as part of Requests or private chats)

Dasen for institutions of 1 st degree or the school head for establishment of the 2 nd degree or Establishment

Klassroom acts as a subcontractor

     

Such as absence due to illness, allergy

Dasen for institutions of 1 st degree or the school head for establishment of the 2 nd degree or Establishment

 

Newsfeed filled in by the Class Owner

Dasen for institutions of 1 st degree or the school head for establishment of the 2 nd degree or Establishment

Klassroom acts as a subcontractor

     

Photos-Videos

DASEN for 1st degree establishments or the head of establishment for 2nd degree establishments or the Establishment

Texts

Student work

Private chats between a Class Owner and Parents or between Parents

Dasen for institutions of 1 st degree or the school head for establishment of the 2 nd degree or Establishment

Klassroom acts as a subcontractor

     

Photos-Videos

DASEN for 1st degree establishments or the head of establishment for 2nd degree establishments or the Establishment

Only in the context of the chat

Parents as part of the chat

Texts

Student work

School documents

Cookies

Klassroom

       

Session cookies

Klassroom

       

13.5. Hosting of personal data

Klassroom stores the personal data of Users in France. Indeed, the company KLASSROOM subcontracts the hosting services of its services to the company Squark / Magic Retail whose servers are located in France:

  • Squark: 24 bd des Frères Voisins - 92130 Issy-les- Moulineaux

13.6. The duration of the conversation

Personal data relating to the Account and the Users are kept for two (2) years from the last use of the Application or Site. However, data relating to the invoicing of Subscriptions will be kept for a period of ten (10) years from the date of invoicing.

Personal data relating to a Class, and in particular data relating to Pupils (passions, hobbies, strengths and weaknesses) and Content are kept for the duration of the Class. They are deleted (i) either when the Class is deleted by the Owner, (ii) or automatically within six (6) months from the end of the school year.

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

13.7. Rights of the persons concerned by the processing of personal data

In accordance with the law of January 6, 1978 as amended known as the "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 concerning him. Finally, the User has the right to define directives defining the way in which he intends to exercise these 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 attaching a copy of their double-sided identity document.

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

The User also has the possibility of deleting 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 Information Technology and Freedoms ( www.cnil.fr ).

13.8. Cookies

The Application may use session cookies with the aim of improving the personalized service intended for Users, and in particular for the purposes of:

- store the User's country;

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

- store the redirection address if the User must identify himself before being able to access the content on which he has clicked;

- identify the User's session.

Cookies are considered to be personal data.

Cookies can be disabled or restricted by changing the corresponding settings in the internet browser. However, this is likely to cause the unavailability of certain features of the Application.

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

14. Duration / Termination

The User can use the Site or the Application as long as he wishes, except for deletion of the Account constituting termination under the conditions defined in these Terms of Use and in particular in article 8.

15. Miscellaneous

15.1. Changes to the Terms of Use

Klassroom reserves the right to modify these Terms of Use at any time, subject to informing Users thereof by any means available on the Application. These modifications and evolutions come into force on the date of their posting and are opposable 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 in the Terms of Use, he will be considered to have read, understood and accepted the new Terms of Use and will be subject to them as of right.

15.2. Notification

The User who wishes to notify a change of telephone number, ask a question or make complaints relating to his User Account, report a technical problem or any information deemed useful with regard to the Application is invited to send an email. at the following address  support@klassroom.fr .

15.3. Nullity

If any of the stipulations of the Terms of Use turn out to be void with regard to a rule of law in force or a court decision that has become final, it would then be deemed unwritten, without, however, voiding the contract. nor alter the validity of its other provisions.

15.4. Applicable law

The Terms of Use are governed by French law.