GCU / GDRP
January 5, 2021 version
I. Legal notices
In accordance with the provisions of articles 6-III and 19 of Law n ° 2004-575 of June 21, 2004 for Confidence in the digital economy, known as LCEN, we bring to the attention of users and visitors of the site: https: // mathia.education/ , the following information:
Type of company: Simplified joint stock company
Company name: VMPS CORPORATION
Headquarters: 1 Rue Gambetta- 64000 PAU
Phone: 09 67 50 71 00
Share capital: € 54,310.5
SIRET: 809 744 907 0019, registered with the RCS of PAU
Intra-community VAT number: FR04809744907
Email address: firstname.lastname@example.org
The Creator of the site is: VMPS CORPORATION
The publication manager is: Samuel Imbert
Contact the publication manager: email@example.com
Contact the Webmaster: firstname.lastname@example.org
II. Terms of Service
These General Conditions of Use determine the rules for accessing this platform for digital educational content, hereinafter referred to as the platform.
By using this Platform, you acknowledge, as a user, that you know its terms, accept them without reservation and comply with them.
The Platform Publishers reserve the right, at their sole discretion and without prior notice, to modify, delete or add information to these “General Conditions of Use”, at any time in order in particular to take into account any changes legal, jurisprudential, editorial and / or technical. The version that prevails is the one that is accessible online.
You are therefore advised to regularly refer to the latest version of said General Conditions of Use.
ARTICLE 1 – USER LICENSE
Access to this Platform gives you the right to use it on a non-exclusive, private and / or collective basis.
Your use of the Platform implies unreserved acceptance of these General Conditions of Use.
This use of the Platform can only be carried out free of charge and must be part of the pursuit of the achievement of educational objectives. Any commercial use of the Platform and its contents is strictly prohibited.
All the content published on the Platform, including without limitation, texts, photographs, illustrations, graphics, computer graphics, maps, videograms, music, icons, software, hereinafter referred to as “The Contents”, are likely to constitute works within the meaning of the provisions of article L.112-1 et seq. Of the Intellectual Property Code or of the contents protected under the rights related to copyright within the meaning of the provisions of article L.211-1 et seq. of the Intellectual Property Code.
Pursuant to Article L. 122-4 of the Intellectual Property Code, any representation or reproduction, in whole or in part, made without the consent of the author or his successors in title or successors in title is illegal. It is the same for the translation, the adaptation or the transformation, the arrangement or the reproduction by any art or any process.
We also remind you that copyright infringement constitutes an infringement of forgery punishable in France by three years’ imprisonment and a fine of 300,000 euros.
Likewise, the Intellectual Property Code punishes with three years’ imprisonment and a fine of 300,000 euros for any fixation, reproduction, communication or making available to the public, for consideration or free, or any broadcasting of a service, of a phonogram, of a videogram or of a program, without the authorization, when required, of the owner of the rights.
You agree, therefore, to:
download the Content to your computer only for personal or collective educational use in the classroom;
only reproduce on any medium, in particular printed and digital, the downloaded Content on the condition that said copies of the Content are strictly limited to personal or collective educational use;
not to represent, distribute or network, whatever the form and process, the Content outside the Platform;
not to adapt, modify, move, alter or remove the Content outside of the Content aggregation, modification and personalization services offered to you by the Platform itself;
not to alter, modify, move, remove or replace the names of the Publishers of the Platform and / or the authors of the Content or of their beneficiaries and / or any other information relating to the rights of the publishers and / or authors of the Content or their beneficiaries.
ARTICLE 2 – CONTENT CREATED AND / OR SHARED BY USERS OF THE PLATFORM
You acknowledge that you are fully responsible for the Content that you include on the Platform.
You are personally responsible both vis-à-vis third parties and the Platform Publishers for failure to comply with the above stipulations and guarantee the latter against any disturbances, claims or actions that may result from this failure.
The Editors of the Platform have the right to modify the characteristics or the Content of the Platform and to restrict access to certain sections and may at their sole discretion suspend, interrupt or stop access to all or part of the Platform for any reason. reason whatsoever including in particular non-compliance with the Platform’s “General Conditions of Use”; without this being the subject of any dispute of any kind. They do not guarantee that the Platform is error-free or that all imperfections will be corrected.
ARTICLE 3 – LIMITATION OF LIABILITY
You are solely responsible for damages and prejudices, direct or indirect, material or immaterial when they are caused, founded or originated from a use of the Platform by yourself or by any person authorized by you to use this Platform. By use, we should understand any use of the Platform whatsoever, fraudulent or non-fraudulent.
As such, you waive any claim or legal action relating to such damage and prejudice, on the basis of the contractual liability of the Platform Publishers or on any other basis.
Minors are allowed to access the Platform, on the express condition that they have previously obtained from their parents (or the person exercising parental authority) the authorization to do so and to provide the information and email addresses to which any communication can be transmitted to them. The fact that they register implies that they have obtained this prior authorization, which is expressly required on the Platform at the time of registration.
The Platform Editor (s) reserve the right to request written justification at any time, and to carry out any checks, as well as to delete any personal account whose minor holder does not submit said justification within five (5) days from the request, or within any other time limit that may be given to it. The Platform Editor (s) will immediately delete any personal account, upon receipt of a parental request to close the personal account and delete the related content.
The Platform Publishers undertake to make their best efforts to secure access, consultation and use of the Platform.
Consequently, the responsibility of the Platform Publishers cannot be engaged in the following cases:
Momentary interruptions for updating certain files;
Operating difficulties or temporary interruption of these services regardless of the wishes of the Platform Publishers, in particular in the event of an interruption in electricity or telecommunications services;
Momentary interruptions of the services necessary for their development or maintenance;
Failure or malfunction in the transmission of messages or documents.
ARTICLE 4 – SPECIAL CONDITIONS OF SOCIAL AND COMMUNITY SPACES (FORUM, COMMENT, …)
The Platform Editors provide you with dedicated social media spaces and tools reserved for free communication between Platform users, as well as for the sharing of contributions and content. As such, the
Platform Editors act exclusively as host of the community spaces that they make available to you and their responsibility is therefore that of a technical service provider as defined in article 6.I-1 of the law on
Confidence in the Digital Economy of 21 June 2004. Parents are invited to monitor the use made of these community spaces by their minor children.
Community spaces are discussion spaces allowing you to post opinions and information around specific themes.
The Platform Editors undertake to take the greatest care of your contributions, but can in no way be held responsible for any related alteration. They also undertake to reproduce your contributions with the mention of the pseudonym of their author as indicated by the latter.
You acknowledge that you are fully responsible for the contributions you publish on this section, and that these contributions do not fall under the editorial activity of the Platform Publishers.
Consequently, the Editors of the Platform cannot be held liable for the illegal nature of your contributions. You guarantee the Publishers of the Platform against any recourse and / or actions that any person could bring as a result of the dissemination of your contributions on the Platform. You will assume all charges and payments that may be due or claimed concerning these same people for whatever cause or reason.
We remind you that forums and other community spaces are places of exchange, debate of ideas, where conviviality and respect for others are essential.
Everyone must therefore respect the other contributors and the pluralism of opinions necessary for the animation of the community. Any contribution comprising verbal aggression, free mockery or vulgarity may fall within the scope of moderation and consequently be withdrawn from the Platform.
These contributions cannot include content constituting or encouraging the commission of acts punishable by law. You therefore agree to respect the ethical principles listed below, without this list being exhaustive:
Contributions must not infringe or be contrary to public order, good morals or offend the sensitivity of minors;
Contributions must not infringe in any way whatsoever the reputation, privacy and image rights of third parties;
Contributions must not be denigrating, defamatory, abusive, obscene, violent, racist, xenophobic, undermine the image and reputation of a brand or of any natural or legal person, in any way whatsoever. ;
Contributions must not be used for threats or harassment in any way;
Contributions must not incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, advocate war crimes or crimes against humanity;
Contributions must not incite discrimination against any person or group of persons because of their ethnicity, religion, race, or because of their sexual orientation or disability;
Contributions must not incite to commit a crime, an offense or an act of terrorism;
Contributions must not be pornographic or pedophile;
Contributions must not jeopardize the security or integrity of any State or territory;
Contributions must not infringe the intellectual property rights of any person.
Any contribution that does not respect these principles may be deleted by the Platform moderator, or even be reported to the public authorities in accordance with the provisions of article 6-1-7 of the law of June 21, 2004 for Confidence in the Digital Economy.
In accordance with article 6 – I of the law of June 21, 2004 on Confidence in the Digital Economy, the Platform Publishers are bound, in their capacity as content host, to the following obligations:
1. Hold and keep data such as to allow the identification of any person who has disseminated content through him, in the event that the judicial authorities so request,
2. Remove and or prevent access to illegal content as soon as he becomes aware of it.
However, the Platform Publishers are not subject to a general obligation to monitor and control the information and content disseminated, or even to a general obligation to research facts or circumstances revealing illegal activities.
Thus, you only undertake to distribute content for which you have the rights, for which the rights holder has expressly authorized you to distribute them or which is free of all rights. As a reminder, the
Intellectual Property Code prohibits any full or partial representation or reproduction made without the consent of the author or his successors in title.
In addition, you must not under any circumstances offer on this section the sale, donation or exchange of stolen goods or those resulting from embezzlement, fraud, breach of trust or any other criminal offense.
The Platform may not be used to solicit funds, goods, services or advertising or to distribute or publish information or data of a commercial nature. More generally, they cannot be used for commercial purposes.
You agree not to insert in the contributions addresses or hypertext links to external sites which are contrary to the laws and regulations in force, which infringe the rights of third parties, or which are contrary to these General Conditions of Use.
The Platform Publishers do not accept any disruptive online activity, such as spamming, the sending of continually irrelevant messages or statements inciting others to violate these rules of conduct or to participate in illegal activities. It is for participants to take part in a discussion and to express themselves in a positive context.
ARTICLE 5 – APPLICATION OF FRENCH LAW
The rules applicable to the use of the Platform and to all the Content and information it contains are governed by French law. In the event of a dispute, the French courts will have sole jurisdiction.
PROTECTION OF PERSONAL DATA (RGPD and Data Protection Act)
In accordance with the provisions of the law known as “Informatique et Liberté” of January 6, 1978, you are informed that the Publishers carry out automated processing of your personal data, in particular when you connect to the Platform in a context requiring the collection of your personal data.
– The way in which personal data is collected and processed. All data capable of identifying a user must be considered as personal data. These include the first name, last name, age, class and school, postal address, email address, location of the user or his IP address;
– What are the rights of users regarding the data;
– Who is responsible for the processing of personal data collected and processed;
– to whom this data is transmitted;
– The site’s policy on “cookies”.
This confidentiality policy supplements the legal notices and the General Conditions of Use that Users can consult on the mathia.education site.
1. Processing and purposes
- The data collected on the teacher platform: lms.mathia.education, whose data controller is the Ministry of National Education and Youth are as follows:
- Student identification data: First name, Pseudo / Login, Class, Group possibly.
- Teacher identification data: Nickname, Mail, Region, Level of education: CP, CE1 or CE2.
- This data is collected when users carry out activities on the application.
This data is collected when users create an account on lms.mathia.education.
- The data collected on the Mathia application, for which the data controller is the Ministry of National Education and Youth are as follows:
- Student voice data
- Activity data, defined by learning traces (Account.name, Verb, Result.success, Result.duration, Object, Class code, Activity name, activity identifier, Exercise name, Exercise ID, Binomial, Team Members, Team ID, Response, Response Mode, Game Mode, Session Dates, Hid, Remote Control) and exercise assignments per student
This data is collected when users perform activities on the application.
- The data collected on the companion site, for which the data controller is SAS VMPS CORPORATION are as follows:
- First name, Last name, Email, Phone, IP address
This data is collected when a user completes the form on the mathia.education site.
The processing of personal data concerning the user public, namely Students and Teachers, consists of the collection and storage of information concerning their use of the application. This information is collected for the following purposes:
• Keep the content relating to the use of the application by Students and Teachers, anonymously and for an unlimited period, in order to allow the construction of artificial intelligence.
• Production of statistics for teachers: monitoring of student results, group proposals and adaptive courses
• Manage complaints and requests from families and teachers.
• Manage requests for the right of access, rectification and opposition.
In any case, we do not record on our site your personal information concerning the payment by bank card.
2. Limitation and relevance
We undertake to limit our collections to the data strictly necessary for the purpose of the treatment envisaged, without which we could not provide MATHIA’s service in a qualitative manner.
In order to ensure the best possible quality of service, we are required to communicate the data collected to various recipients, duly authorized for this purpose, namely:
• Our internal services: technical and functional administrators involved in the development, improvement and maintenance of Mathia.
• Our teachers for data concerning the students for which they are responsible.
• Our students, for data concerning their activities, scores, progressions.
• Our subcontractors:
- Whereby Video conferencing tool allowing webinars for exchanges between project participants.
- SendInBlue for the mathia.education and lms.mathia.education sites: emailing tool.
- OVH and Cloud-Infinity for server hosting.
- Microsoft Azure provides a performing voice recognition service compliant with GDRP, allowing voice-to-text transcription.
With regard to the latter, the controller guarantees that no transfer outside the European Union will be made of personal data.
And on request, to any user for whom personal data has been collected.
4. Data retention
Your data is kept in our databases for the time necessary for the intended processing.
Beyond this period, the data is destroyed or archived according to the legislation in force.
5. Data hosting
The mathia.education Site as well as the Application API is hosted by: OVH, whose head office is located at the address below:
2 rue Kellermann – 59100 ROUBAIX The host can be contacted at the telephone number next: +33 9 72 10 10 07 The data collected and processed by the site are hosted and processed exclusively in France.
The lms.mathia.education Site is hosted by: Cloud Infinity Communications SAS, whose head office is located at the address below: 32 Boulevard de Vaugirard 75015 Paris The host can be contacted at the following telephone number: +33 (0) 9 70 75 02 30 – https://www.cloud-infinity.com/fr The data collected and processed by the site are hosted and processed exclusively in France.
6. Data controller
Concerning the lms.mathia.education Site and the Application, the data controller is the Ministry of National Education and Youth followed by the DNE TN2.
The companies Prof en Poche, Tralalère and LumenAI are data processing subcontractors as partners of the MathIA project.
Concerning the companion site mathia.education, Prof en Poche is the data controller.
The data protection officer is Mr. Samuel Imbert. You can reach him:
– By email to email@example.com
In case of difficulty, you can contact firstname.lastname@example.org who then calls on the MathIA teams to implement the required action.
The data controller is responsible for determining the purposes and means used for the processing of personal data.
The data controller undertakes to protect the personal data collected, not to transmit them to third parties without the user having been informed and to respect the purposes for which these data were collected.
In the event that the integrity, confidentiality or security of the user’s personal data is compromised, the data controller undertakes to inform the user by any means.
7 Your rights over the data concerning you
You have the right to access, rectify and delete your personal data.
Regarding the right to access or delete the personal data of a minor student, a legal guardian may request information or the erasure of the data collected on his child. In this case, he requests it from the student’s teacher. The latter is in charge of verifying that the quality of legal representative is justified. Then, he transfers the request by contacting: email@example.com and in case of difficulty to the address of the DPD of the data controller firstname.lastname@example.org . If the deletion request concerns the teacher account, he makes his own request directly to the address indicated above.
Concerning the right of rectification, the legal guardian or the teacher can make a request by contacting email@example.com and in case of difficulty to the address of the DPD of the data controller firstname.lastname@example.org .
In accordance with the revised version of the Data Protection Act, transposing into French law the requirements of the GDPR and setting the “digital majority” at 15 years, and in order to protect the personal data and the privacy of minors, we ask for any registration of a pupil under the age of 15 the consent of the person having parental authority to the collection of all data concerning him, namely his use of the MATHIA application, in particular the actions carried out and their recordings vocal.
We implement all the technical and organizational measures useful with regard to the nature of the personal data that you entrust to us, and the risks presented by their processing – in order to preserve the security of your data and prevent them from being distorted, destroyed, damaged, or accessed by unauthorized third parties.
To this end, we put in place technical measures such as firewalls; organizational measures such as a unique username and password system for each of our employees, internal or external; means of physical protection, etc.
The site has an SSL certificate to guarantee that the information and the transfer of data passing through the site are secure.
An SSL certificate (“Secure Socket Layer” Certificate) is intended to secure the data exchanged between the user and the site.
10. Cookies and trackers
We remind you that the settings are likely to modify your experience on our site.
The configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to modify your preferences in terms of cookies.
You can disable cookies by following the instructions below:
If you are using Internet Explorer browser
• In Internet Explorer, click on the “Tools” button, then on “Internet Options”;
• Under the “General” tab, under “Browsing history”, click on “Settings”;
• Click on the “Show files” button;
• Click on the “Name” column header to sort all files in alphabetical order, then browse the list until you see files beginning with the prefix “Cookie” (all cookies have this prefix and usually contain the name of the website that created the cookie);
• Select the cookie (s) including the name “profenpoche” and delete them;
• Close the window which contains the list of files, then click twice on “OK” to return to Internet Explorer.
If you are using the Firefox browser
• Go to the “Tools” tab of the browser then select the “Options” menu;
• In the window that appears, choose “Privacy” and click on “Display cookies”;
• Locate the files which contain the name “profenpoche” and click on “Delete”;
• Select the cookies that contain the name of the sites concerned and click on “Delete” or “Delete all”;
If you are using the Safari browser
• In your browser, choose the “Edit> Preferences” menu;
• Click on “Security”; • Click on “Show cookies”;
• Select the cookies that contain the name “profenpoche” and click on “Delete” or “Delete all”;
• After deleting the cookies, click on “Done”.
If you are using the Google Chrome browser
• In the toolbar of your browser, select “More”;
• Select “Settings”;
• At the bottom of the page, select “Show advanced settings”;
• In the “Confidentiality” section, select “Content settings”;
• Select “Prohibit all sites from storing data”;
• Select “OK”.
The Site Editor reserves the right to modify it in order to ensure compliance with the law in force.
Consequently, the user is invited to regularly consult this confidentiality policy in order to stay informed of the latest changes made to it.
12. Complaint (complaint) to the CNIL
If you believe, after contacting us, that your rights over your data have not been respected, you can submit a complaint (complaint) to the CNIL.