1.1 The Application and its linguistic variations constitute the whole and exclusive property of TALENTSOFT. TALENTSOFT, as editor of the Application, grants any person who visits the Application a personal, non-transferable, personal, and non-exclusive right to use said content.

1.2 All data of any nature, including text, graphs, logos, icons, images, audio and video clips, trademarks, software, and features of the TALENTSOFT application, appearing on the Application” and on its various versions, are protected by copyright, trademark, and all other intellectual property law, and belong to TALENTSOFT as a company, or to authorised third parties.

1.3 By browsing the Application, you agree not to reproduce, summarise, edit, alter, or redistribute, without our prior authorisation, any text, title, application, software, logo, image, video, trademark, information or illustration, for any purpose other than strictly personal use. Any other form of representation (e.g. for professional, commercial or redistribution purposes) without prior express and written authorisation is strictly forbidden.

1.4 You also agree not to extract all or part of the Application for content import and storage purposes.

1.5 All website hyperlink creation towards the Application shall be subject to prior express authorisation by TALENTSOFT. This authorisation may be withdrawn at any time by TALENTSOFT without having to provide any justification.

1.6 Third-party websites are not under the control of TALENTSOFT, who is in no way responsible for the content of these websites, the hyperlinks they contain, or the changes or updates made to the websites. TALENTSOFT provides these hyperlinks for convenience or information purposes, and the inclusion of any link does not imply prior approval of the Application by TALENTSOFT. The risks related to the use of these websites are the full responsibility of the user of the Application, who shall comply with the Terms of Use of the websites in question.

2.1 Application features and procedures for access to the Application that are made available to the User are defined by the Customer-designated administrator (hereinafter referred to as the “Administrator”).

2.2 The Administrator communicates to TALENTSOFT the list of Users with authorised access to the Application. The Administrator can:

• Edit Access Codes;
• Suspend or remove User access to the Application;
• Access data displayed on the Application;
• Receive User account-specific data as part of the Administrator’s own legal,
• regulatory, judicial, or administrative obligations.

2.3 Accessing the Application requires a username and password (referred to as “Access Codes”), defined by the Administrator, which can only be used on the page of the Customer. The User is responsible for the confidentiality, security, and integrity of the Access Codes that are communicated to them. Access Codes constitute personal data within the meaning of Article 7 below.

2.4 Access to the Application is free, provided on a continuous and permanent basis, except in cases of force majeure or events beyond the control of TALENTSOFT, and subject to possible failures and technical, maintenance, and resetting interventions needed for the proper functioning of the Application.

2.5 You are solely responsible for the computer equipment used for accessing the Application. You are responsible for taking all necessary measures to protect this equipment, including from any form of contamination by viruses, malware, worms, logical bombs, trojan horses, or any other element of code, file, program, script and/or malicious or harmful agent.

By accessing the Application, you access to access to the Continuous Conversation Services (CCS).

CCS allows you to:

• - Import your professional objectives set up with your management in a dedicated dashboard and update them at any time;
• - Have a view on your objectives (and those of your teams);
• - Assign key results to the objectives;
• - Assign contributor(s) to each key result and collect feedback from them.

A contributor is a person who is not directly responsible for a key result but who helps the key result owner achieve it. As such you may be asked to act as a contributor and to publish your feedback.

You are sole responsible for the content of publication sent via the Application.

As such, you undertake not to publish:

• Messages of an offensive, defamatory, racist, xenophobic, pornographic, or child pornographic nature, inciting either explicitly or implicitly the holding of unlawful views, and more generally any content that is against any applicable law, public order and accepted principles of morality;
• Sales proposals, advertising or special offers for any products and/or services of any type;
• Personal data or data which would fail to respect privacy, or contravene the image rights or intellectual property rights of third parties, individuals or legal entities. TALENTSOFT shall not be liable for any infringement by the User of the image or intellectual property rights of such third parties. The User undertakes to compensate TALENTSOFT for all costs, charges, and expenses that the latter would incur as a result of this infringement.

In accordance with French Act No. 2004-575 of 21 June 2004 regarding Confidence in the Digital Economy (hereinafter referred to as "LCEN"), TALENTSOFT does not perform any prior verification on Messages.

Users are encouraged to notify Administrators of any Message content that is unlawful or contrary to these TOU. When the Customer or Administrator reports a Message that does not comply with these TOU, TALENTSOFT reserves the right to delete the messages in question, without notice. TALENTSOFT cannot be presumed to have knowledge of the unlawful nature or non-compliance of the content of such content.

As defined by the French National Data Protection Authority (CNIL), the Act, and the GDPR, personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

The conditions under which TALENTSOFT processes your personal data, in accordance with the provisions set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable from 25 May 2018, and the French Data Protection Act of 6 January 1978, as amended, are defined in our Privacy Policy.

A Cookie is a file of limited size, generally made up of letters and numbers, sent by an Internet server to the browser’s cookie file, and located on your computer’s hard disk. A cookie records information about how the user browses the Application (page views, date and time, etc.).

TALENTSOFT do not uses any Cookies on this Application.

THE APPLICATION IS ACCESSIBLE “AS IS”; TALENTSOFT CANNOT BE HELD RESPONSIBLE FOR INDIRECT DAMAGES THAT MAY OCCUR FROM USING THE APPLICATION, INCLUDING LOSS OF BENEFITS, PROFIT, IMAGE, CLIENTELE, BUSINESS, REPUTATION OR EXPECTED GAIN, TIME SPENT BY EMPLOYEES OR SERVICE PROVIDERS OR LOSS OF OPPORTUNITY.

TALENTSOFT WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, OR WHICH RESULTS FROM THE USER’S NON-COMPLIANT OR UNLAWFUL USE OF THE APPLICATION.

IN ALL INSTANCES, TALENTSOFT CANNOT BE HELD RESPONSIBLE BEYOND ANY DIRECT, CERTAIN DAMAGES THAT RESULT EXCLUSIVELY FROM TALENTSOFT’S BREACH OF ITS OBLIGATIONS AS SET OUT IN THESE TOU.

7.1 For any questions or additional information, you can contact our Customer Service department:

• by email via our contact form;
• writing to the following postal address: TALENTSOFT – 8 Rue Heyrault – 92100 Boulogne-Billancourt – France;
• telephone: +33 (0)1 41 86 05 60;
• fax: +33 (0)1 41 86 05 61.

7.2 The Application, its linguistic variations, and structure, may be subject to modifications and developments without any form of notification. TALENTSOFT reserves the right to unilaterally modify these TOU, without prejudice to your rights. We recommend that you consult our TOU and our Privacy Policy on a regular basis.

7.3 In the case where one of the provisions contained in these conditions is deemed to be void as a result of a current or future legal or regulatory provision, or as a result of a legal decision that has the force of res judicata and is issued by a competent jurisdiction or body, this provision of the TOU shall be considered to be void but all other provisions of these TOU remain enforceable between TALENTSOFT and the user of the Application.

7.4 The Application, including these TOU, the Privacy Policy, and the Cookies Policy, are subject to French law, both in substance and form.

7.5 These TOU were originally drawn up in French. In case of differences or contradictions between linguistic versions, only the French version of the TOU shall apply.