Confidentiality is a key element of feedback

 Only you have access to your results

 The scores given are anonymous

 Your employer does not have access to your individual results

Your data is hosted in secure data centers in France.


TERMS AND CONDITIONS OF USE
COSS Pro by 5 Feedback application

Article 1.

Preambule

5Feedback is a Société par Actions Simplifiée (SAS), registered with the RCS under number 830 137 683, whose registered office is located at 112, avenue de Paris, 94300 Vincennes, FRANCE represented by Bertrand Ponchon, as President.
5Feedback (hereinafter the « COMPANY ») has developed a software application (hereinafter the « APPLICATION »), intended for individuals engaged in a professional activity, allowing them to obtain real-time feedback on their behavioural skills in the context of their professional activity, by means of evaluation by other people (colleagues, managers, clients, suppliers, etc.).

The APPLICATION offered by the COMPANY is a standard product designed to satisfy the needs of the greatest number of USERS. It is the responsibility of each USER to ensure that the APPLICATION meets their own needs.

Article 2.

Definitions

For the purposes of these terms, the following terms shall be understood to have the meaning defined below:

« CUSTOMER » means the natural or legal person who has subscribed to one or more subscriptions with the COMPANY, by means of a contract (hereinafter the « SUBSCRIPTION CONTRACT »), with a view to creating one or more PROFILES for its employees.

« APPLICATION » means the software application provided by the COMPANY to the USER available in the Apple Store, GooglePlay and on the Internet.

« AGREEMENT » or « TOS » means this agreement by which the COMPANY provides the USER with the right to operate the APPLICATION.

« PARTY(ies) » means individually or collectively the COMPANY and the USER.

« PROFILE(S) » refers to the USER’s identification on the APPLICATION, consisting of a unique identifier, which was assigned to the USER upon initial registration. A PROFILE may be attached to only one e-mail address.

« COMPANY » means the company 5Feedback.

« USER(S) » means the natural person who uses the APPLICATION to obtain feedback on his or her behavioural skills in the context of his or her professional activity, and invites EVALUATORS to complete an evaluation form accessible online or on the « APPLICATION ». A USER may itself be an ASSESSOR for one or more other USERS.

« ASSESSOR(S) » means the natural person duly invited by one or more USER(s) to assess the latter’s behavioural skills in the context of his/her/their professional activity by means of an assessment form accessible online or via the « APPLICATION ».

Article 3.

Acceptance

3.1. The USER is deemed to have read these TOS and to have duly accepted them without reservation.

3.2. The creation of the USER’s PROFILE on the APPLICATION implies full and complete acceptance of these TOS, of which the USER declares that he/she has read them in full and expressly accepts them, with full knowledge of the facts.

3.3. Acceptance of these TOS by electronic means has the same evidential value between the PARTIES as an agreement on paper.

Article 4.

Purpose

4.1. The purpose of these TOS is to define the terms and conditions under which the USER may use the APPLICATION provided by the COMPANY.

4.2 By using the APPLICATION, the USER accepts and expressly acknowledges that he/she has understood, agrees to comply with and is legally bound by these TOS.

Article 5.

Registration of the USER and creation of his PROFILE

5.1. The USER’s registration on the APPLICATION is conditional on the CLIENT providing an authentication form, under the terms of which all the information required to identify the USER will be requested, namely: surname, first name, email address, and the language desired for use of the APPLICATION.

5.2. The provision of this authentication form and the concomitant acceptance of these TOS shall result in the creation of the USER’s PROFILE, which shall enable the USER to connect to and use the APPLICATION.

5.3. In the event of a single sign-on (SSO) system, the USER shall use the user ID and password that he/she has internally within the professional structure.

5.4. Outside of the SSO model, once the registration process has been finalised, the USER will receive an email providing a login and a temporary password, which will enable him/her to connect and use the APPLICATION. This password can be changed by the USER.

5.5. In all cases, the USER shall have the option of selecting, modifying or deactivating the behavioural skills in the context of his professional activity on which he wishes to be assessed.

Article 6.

Granting of rights to use the APPLICATION

6.1. The APPLICATION is the property of the COMPANY. All rights and in particular the copyright relating to the APPLICATION, the documentation provided with the APPLICATION, i.e. step-by-step screens during the first connection and the introductory video (« Onboarding video », sent with the login credentials) and the other elements accessible in the « Help » page of the APPLICATION, (hereinafter the « DOCUMENTATION ») or copies thereof belong to the COMPANY or, where applicable, to the author of the APPLICATION (hereinafter the « AUTHOR »). Consequently, the USER only acquires a personal, non-exclusive, non-assignable and non-transferable right of use of the APPLICATION from the COMPANY as a result of these TOS.

6.2. The USER acknowledges and accepts that the scope of the rights of use granted for the APPLICATION which is the subject of the CONTRACT constitutes a single, non-transferable and non-divisible concession. In this respect, the USER is prohibited from making the APPLICATION and its DOCUMENTATION available to third parties, directly or indirectly, for any reason whatsoever, whether for payment or free of charge.

6.3. Technical measures to protect the APPLICATION :

6.3.1. The COMPANY reserves the right to integrate a security mechanism into the APPLICATION in order to monitor its use and to check whether the USER complies with the terms of these TOS. Such a security mechanism shall record data on the use of the APPLICATION and the number of copies made of it.

6.3.2. The COMPANY reserves the right to use a locking system and/or a licence authorisation key to control access to the APPLICATION. The USER is not permitted to attempt to avoid or defeat such measures. Use of the APPLICATION without the lock or the authorisation key is prohibited.

6.3.3. The USER authorises the COMPANY to check the records of the security mechanism set up to verify the rate of use of the APPLICATION at any time, with or without notification. In order to determine proper use, the USER authorises the COMPANY to collect any relevant information via the use of tracking tools or security mechanisms inserted in the APPLICATION.

Article 7.

Warranty of conformity

7.1. The guarantee of conformity of the APPLICATION is expressly limited to its conformity with its DOCUMENTATION and shall not be extended to a guarantee of conformity with the specific needs of the USER, in consideration of local standards, practices or regulations. The COMPANY does not guarantee that the APPLICATION is free of all defects, but undertakes exclusively to remedy, with all reasonable diligence, any anomalies in the APPLICATION found in relation to its DOCUMENTATION.

7.2. The COMPANY guarantees that the assessment results displayed in the APPLICATION correspond to the data entered by the ASSESSOR(s) for each of the selected behavioural skills. The COMPANY shall not be held liable for the assessment results obtained by the USER.

7.3. The COMPANY does not guarantee the ability of the APPLICATION to achieve objectives that the USER has set for himself or herself or to perform specific tasks that motivated his or her decision to use the APPLICATION.

Article 8.

Duration of the contract

These TOS are concluded for an indefinite period and may be terminated at any time under the conditions set out in Article 9 hereof.

Article 9.

Obligations of the USER

9.1. For the purposes of performing the Agreement, the USER :

  • – certifies that he/she is using computer equipment in good working order and that it meets the minimum configuration required by the COMPANY to use the APPLICATION.
  • – undertakes to install the latest update made available by the COMPANY upon receipt and to use only the current version of the APPLICATION.
  • – undertakes to inform the COMPANY as soon as possible of any changes to his personal details. The USER alone shall bear all the consequences of a delay in communicating its contact details.

9.2. The USER shall refrain from exchanging any content that is contrary to public order, good morals, the interests of third parties or the laws and regulations.

9.3. The USER further undertakes to exercise discretion, courtesy and good manners with regard to EVALUATORS and other USERS, in all exchanges and other interactions with them.

9.4. The USER shall refrain from any active behaviour tending to intrude into the APPLICATION’s computer system, to hack into it, or to attack the proper functioning of the APPLICATION by sending viruses, Trojan horses, or any other computerised devices likely to undermine its operation.

9.5. He shall also refrain from carrying out acts similar to attempts at piracy, or from diverting the functionalities made available to him via the APPLICATION for purposes other than those for which it was designed, as well as from any inappropriate behaviour deviating from the normal use of the APPLICATION.

9.6. The USER undertakes to keep his login data (login ID and password) confidential, and not to pass them on to any other person who may log on to the APPLICATION in his place, whether or not he has given his permission. The USER shall bear full responsibility for any illegal connection made by a third party using his connection data, which remains strictly personal to him.

9.7. The USER undertakes to inform the COMPANY without delay in the event of loss or hacking of its connection data.

Article 10.

Liability

10.1. The COMPANY shall in no event be liable to the USER or any third party for any direct or indirect damage, loss of profit or loss of earnings that may arise in connection with the use of the APPLICATION.

10.2. In particular, the COMPANY shall not be held liable in the following cases, without this list being exhaustive

  • – Interruption of the service for reasons of technical maintenance of the APPLICATION;
  • – Interruption of the networks, delays or delays in the routing of electronic information or any other data;
  • – Software failures;
  • – Malicious acts, data theft, computer viruses, inadequate protection and backup measures;
  • – Operating errors, misuse of the APPLICATION;
  • – Loss of data, business interruptions or other losses of a pecuniary nature resulting from this;
  • – Misuse or malicious use of the data collected in the context of the use of the APPLICATION;
  • – All cases of force majeure, unforeseeable events or any other causes that do not depend on the deliberate will of the COMPANY.

10.3 In addition, the APPLICATION provides the USER with feedback on his or her behavioural skills on the basis of the evaluations received by the EVALUATORS. Although the COMPANY takes great care to ensure that the content of the APPLICATION is correct, the information provided may be incomplete or contain errors. No explicit or implicit assurance or guarantee can be given by the COMPANY with regard to the accuracy and reliability of the information or data in the APPLICATION. The use of the APPLICATION is a personal risk that the USER takes.

10.4. The COMPANY shall not be liable for any use contrary to the DOCUMENTATION. The COMPANY shall also not be liable for the incorrect use of the APPLICATION, the incorrect use of the APPLICATION, or the use of an unconventional system.

10.5. The COMPANY’s obligations under this AGREEMENT are obligations of means and in no way obligations of result.

Article 11.

Personal data

11.1. All the rules for the collection, processing and use of the USER’s personal data are specified in the COMPANY’s Privacy Policy, which is available on request at the following address: https://manager.globalcosspro.com/pol_conf.php

11.2. The USER shall take all necessary measures to protect its information system, in particular with regard to protection against viruses, worms and other hostile intrusion processes.

11.3 Any operations to restore or reconstitute lost or damaged data, programmes or files are not covered by this AGREEMENT.

Article 12.

Intellectual Property

12.1. The COMPANY, as the rights holder, retains full intellectual property rights to the APPLICATION and the DOCUMENTATION, as well as all the prerogatives attached to them.

12.2. The USER shall not acquire any intellectual property rights or any other rights other than those conferred by this AGREEMENT.

12.3 By accepting these conditions of use of the APPLICATION, the USER agrees not to undermine the legitimate interests of the COMPANY. The USER shall refrain from any type of use not explicitly provided for by the Intellectual Property Code for the benefit of the USER or not expressly authorised by this AGREEMENT, and in particular :

  • – Using the APPLICATION or the DOCUMENTATION or making copies thereof (including backup copies) outside the conditions provided for in this AGREEMENT;
  • – To correct any errors or anomalies in the APPLICATION himself or to have them corrected by a third party without the prior written consent of the COMPANY;
  • – To transfer, publish, exhibit, disclose or otherwise make the APPLICATION or the DOCUMENTATION available to any third party;
  • – To lend or make available the APPLICATION or the DOCUMENTATION by any means, including via the Internet;
  • – To proceed with the remote transmission of the APPLICATION or the DOCUMENTATION or to distribute them, to put them on the network and in particular on the Internet and in any other form;
  • – Decompile the APPLICATION, including for interoperability purposes or in particular for the purpose of creating a derivative or competing work of the APPLICATION;
  • – Translate, adapt, arrange, modify, edit in a different order, disassemble, demonstrate all or part of the APPLICATION or create derivative works.

12.4. This AGREEMENT does not grant the USER the right to access the source codes of the APPLICATION.

12.5. Any act by the USER contrary to the above provisions shall constitute an infringement and shall justify legal proceedings.

Article 13.

Confidentiality of results

13.1. The results obtained by each USER are strictly confidential and the scores given by the ASSESSORS remain anonymous.

However, if they so wish, USERS may share the results obtained via a PDF document sent to any person of their choice, and in particular to their employer.

Apart from the above, the CLIENT or the USER’s employer shall not have access to any individual information concerning the USER’s results or the scores given by his or her ASSESSORS.

13.2. The COMPANY undertakes to treat as confidential during the period of acceptance of this agreement and without limitation after its termination, all information relating to the USER, and in particular the results obtained by the USER from his or her EVALUATOR(S).

The COMPANY undertakes to obtain the same confidentiality undertakings from its staff and employees who have knowledge of this information or who may have knowledge of it in the course of their duties.

Article 14.

Final provisions

14.1 Modification of the TOS :

14.1.1. The COMPANY reserves the right to modify the content of these TOS at any time, an updated copy of which shall be immediately brought to the attention of the USER prior to its entry into force.

14.1.2. The USER shall be invited to acquaint himself/herself with the content of the amended TOS, and to expressly accept them before being able to resume normal use of the service offered by the COMPANY. Any failure to accept the content of the amended GTUs submitted for the USER’s approval shall result in the suspension of the USER’s PROFILE until the amended TOSs are validated.

14.2. Law and jurisdiction:

The CONTRACT is subject to French law both for the rules of form and substance. In the event of a dispute, jurisdiction is expressly attributed to the courts of the Paris area of jurisdiction, notwithstanding multiple defendants or the introduction of third parties.