List of active policies

Full policy

1.     DEFINITIONS

Capitalized terms refer to the following definitions:

The "Policy" refers to this Privacy Policy.

“Data" means any information about an identified or identifiable natural person (the "data subject"), 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 elements specific to his or her identity.

“Processing" means any operation applied to Data (collection, recording, organization, storage, adaptation, communication by transmission, dissemination, deletion, etc.).

"You" or the "data subject" means any person whose data is processed by Energy Cities in connection with the provision of the Platform, and in particular the Platform Users.

"We", "the Controller" or "Energy Cities": means the association ENERGY CITIES / ENERGIE-CITES domiciled at 2 CHE DE PALENTE, 25000 BESANCON, registered in the INSEE register of companies and establishments under number 379 716 764 00012.

The "Platform" refers to the LTLC Website published by Energy Cities, accessible from the address: https://www.localtransitionslearning.eu and allowing its Users to access a space for sharing and consulting educational content.

An "Account": refers to the personal account created by each User in order to browse the Platform and access its various non-public features.

A "User" is any person browsing the Platform.

The "Data Controller" is the person who, alone or jointly with others, determines the purposes and means of the Processing.

A "Recipient" refers to the natural or legal person, public authority, service or any other organization that receives communication of Personal Data, whether or not it is a third party.

The "Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the Processing of Personal Data and on the free movement of such Data (known as the "RGPD"); French Law n°78-17 of 6 January 1978 relating to the protection of personal data; the rules applicable to commercial prospecting provided by the French Post and Telecommunications Code and, more generally, the laws and regulations applicable to the Data Processing that we carry out.

2.     DATA CONTROLLER

The Data Controller mentioned in this Policy is the association ENERGY CITIES / ENERGIE-CITES, domiciled at 2 CHE DE PALENTE, 25000 BESANCON, registered in the INSEE register of companies and establishments under number 379 716 764 00012.

The Data Controller may be contacted at the following address:

-        Postal address: ENERGY CITIES 2 CHE DE PALENTE, 25000 BESANCON

-        Email: data@localtransitionslearning.eu

-        Telephone: +33 (0)3 81 65 36 80

3.     DATA CONCERNED

The Data processed by ENERGY CITIES varies according to your level of use of the Platform, as described below.

Unless otherwise specified, the data is collected directly from the data subject and the collection is mandatory and necessary for the performance of the contract entered into with Energy Cities.

However, certain Data is collected automatically during the User's use of the Platform. When registering on the Platform, mandatory information is marked with an asterisk or other relevant indication. If the User fails to provide the mandatory information, we will not be able to provide access to the Platform.

3.1. When you access the public part of the Platform

Some content on the Platform is public and freely accessible to all Internet users, without the need to create an Account.

When you browse this public part of the Platform, we do not collect any Data about you, except for the storage or reading of cookies that are strictly necessary for the operation of the Platform or to provide you with access to content you wish to access.

3.2.  When you create an Account on the Platform

In order to create your Account, we collect the following Data directly from you via a form:

• Last name, first name
• Email address
• City, Country
• Status: public official / contractor / municipal official / employee / other
• Employer, position
• Level of work experience
• Language preferences
• Consent or refusal to receive communications from ENERGY CITIES

3.3. When you register for a course and access educational content on the Platform

As part of your access to and use of the Platform, we process the following Data. This information is collected through automated processes when you access and use the Platform:

• Account login information: username, password
• Account access and usage data: IP address, operating system, protocols, browser identification, connection time, connection duration, content viewed and downloaded, use of Platform features, settings selected, personalization of your account.
• Activities performed by Users

Participation certificates and badges issued to users

The collection of the following Data is optional and only occurs if you use the corresponding features on the Platform:

• Messages exchanged between Users via the Platform (discussion forum and chat)
• Answers to questionnaires and quizzes on educational content

3.4. In order to assess User satisfaction and to respond to requests, we process the following Data:

The collection of the following Data is optional and will only take place if you contact us or if you leave a comment on the educational content consulted.

• Interactions between Platform Users and Energy Cities (date, time and content of the interaction, login or email address used to contact us)
• Surveys on the quality of the educational content and the experience of using the Platform
• Evaluation of educational content consulted
• Data related to complaints or reports sent by Users to Energy Cities (User or other subject of the report, content of the report)

3.5. In order to comply with our legal obligations and to enable data subjects to exercise their rights regarding the protection of personal data, we process the following Data:

The collection of the following Data is optional and will only take place if you send us a request to exercise your rights regarding personal data.

• Communications relating to the exercise of your rights with regard to the protection of personal data (date, time, nature and content of the communication and any identification documents transmitted in order to justify the identity of the person exercising their rights).

When you browse the Platform, we also collect navigational Data, details of which are set out in this Policy.

4.     PURPOSES AND LEGAL BASIS OF DATA PROCESSING

We collect the Data referred to in point 3 above for the purposes and in accordance with the legal bases set out below:

• Providing access to the Platform and its functionalities (management of authentication procedures, provision of educational content, analysis and monitoring of your progress; exchanges with our services in the event of a request for assistance): The legal basis for Processing is the performance of the contract concluded between you and Energy Cities.
• Sending informative e-mails relating to ENERGY CITIES' activities and news: the legal basis for Processing is your consent to receive such communications.
• Assessing User satisfaction with the Platform and its educational content: the legal basis for Processing is Energy Cities' legitimate interest in using User Data to improve the Platform.
• The transmission of data related to your professional activity and your use of the Platform to the partners of the projects providing the courses: the legal basis of the Processing is the legitimate interest of ENERGY CITIES to transmit these data to its partners, stakeholders of the European projects financing a course, in order to allow them to evaluate the effectiveness of the course in question, to measure the transfer of knowledge, the impact of the project and to identify the training needs of the local actors of energy transition. 
• Management of requests relating to Personal Data (right of access, rectification, opposition, and more generally the rights described in the Policy): the legal basis of the Processing is the respect of a legal obligation of Energy Cities to allow the exercise of the rights of the data subjects with regard to Data protection.

5.     DATA RETENTION PERIODS

The personal data processed by us will be kept for the periods indicated below:

-        Data necessary to provide access to the Platform and its functionalities: for the duration of your use of the Platform plus four (4) years from your last connection or contact with us. 

-        Data related to User review of the Platform and educational content: until the right to object is exercised or the Platform is closed.

-        Data related to the Processing of requests for the exercise of rights by data subjects: data related to the request will be kept for the calendar year of the request plus five (5) years. Any identity documents attached the request will be immediately deleted once the identity of the person making the request has been verified.

-        Information about opt-out lists for receiving communications from Energy Cities: When a person expresses a desire to no longer receive communications from Energy Cities, his or her information is placed on an opt-out list. The person may also request that his or her information be removed from that list at any time.

In addition, the Data Controller may be required to keep the personal data for a longer period of time if it is required to do so by law or by order of an authority, or to demonstrate compliance with its legal or contractual obligations, in accordance with its legitimate interest. 

At the end of the retention period, the personal data will be deleted. Consequently, the right of access, the right of erasure, the right of rectification and the right of portability cannot be exercised after the expiry of the retention period.

6.     DATA RECIPIENTS

In the course of our business, your personal data may be transferred to the third parties listed below. The transfer of data will take place within the limits of what is strictly necessary and with due regard to security.

• Employees of Energy Cities, mainly those responsible for the administration of the Platform and the relationship with users, will have access to all your data.
• Project partners who provide courses on the Platform will receive all data relating to the activities of the users for the course(s) they have funded.
• Our hosting service provider (see legal notice)
• Our IT solution providers (email and CRM): receive your email address and our communications with you.
• Our service provider providing our training platform (Moodle): will receive all your data, with the exception of data relating to your interactions with our services outside of the platform. This service provider will also have access to the data generated during your browsing (see article 7. Information on the use of cookies).
• Upon request, the police, administrative or judicial authorities, whose right of access to personal data is recognized by law, will receive your data in the event of a request on their part or in order to enforce our rights.

7.     INFORMATION ON THE USE OF COOKIES

While you are browsing the Platform, Moodle will store cookies on your terminal (computer, tablet or mobile phone) that are essential to the operation of the Platform in order to ensure your uninterrupted browsing of the Platform.

The following cookies will be stored during your browsing session:

• MoodleSession: this cookie ensures the continuity of your session from one page to the next. It will expire at the end of your session.
• MOODLEID: this cookie remembers your username in the browser from one session to the next, so you don't have to enter it each time you connect. It is stored for one month.

8.     TRANSFER TO THIRD COUNTRIES

As part of the Processing activities carried out by Energy Cities, we store your personal data in the European Union and the European Economic Area (EEA). We use processors who are mainly located in the European Union and who host the data we entrust them with in the EU. Only our learning system management provider (Moodle) is located in Australia.

The contractual relationship with this processor is governed by a data Processing agreement. Occasionally, this processor may transfer data outside the EU in order to provide the Moodle service. In such cases, these transfers are governed by the European Commission's standard contractual clauses, guaranteeing an adequate level of protection for the data transferred.

9.     AUTOMATED DECISION-MAKING AND PROFILING

The data Processing carried out by Energy Cities in the context of providing access to the Platform does not involve any automated decision making or profiling of Users.

10.  EXERCISE OF YOUR RIGHTS

In accordance with the Regulation, you have the following rights with respect to your Personal Data:

• Right of access to your Data being processed (including the right to request a copy) and to the information provided in this Policy (Article 15 GDPR). If the legal basis of the Data Processing is our legitimate interest, you have the possibility to request from our services the information relating to the balancing we have carried out between the interests of our customers and those of Energy Cities prior to such Processing.
• Right to rectification (Article 16 GDPR) and update of your Data held by us.
• Right to withdraw your consent at any time (Article 13-2c GDPR) for any Data Processing based on your consent.
• Right to object (Article 21 GDPR) to the processing of your data where such processing is based on our legitimate interest.
• Right to erasure of your Personal Data (Article 17 of the GDPR) in the following cases:
  • When the Data is no longer needed.
  • When you withdraw your consent to its Processing (if the Processing was based on the legal basis of consent).
  • When you object to the Processing based on Energy Cities' legitimate interest or to the Processing carried out for direct marketing purposes or profiling in connection with direct marketing.

• Right to restriction of the Processing of your Personal Data, which, except for compelling reasons, may no longer be carried out without your consent (Article 18 GDPR), if:
  • you dispute the accuracy of the Data, for the time necessary to verify it.
  • If the Data Processing is unlawful but you object to the deletion of the Data and opt instead for the limitation of the Processing,
  • When we no longer need the Data but it is still necessary for you to establish, exercise or defend your legal rights.
  • Where you have objected to Processing based on our legitimate interest, for the time necessary to balance our respective interests.
• Right to portability of the Personal Data provided by you when it is subject to automated Processing based on your consent or on a contract (Article 20 GDPR). This right means that you have the right to request the communication of this Data in a structured, commonly used and machine-readable format so that it can be communicated to another Data Controller.
• The right to determine the fate of your Data after your death (article 40-1 of French law 78-17 of January 6, 1978) and to choose a trusted third party to whom we will entrust them (more information on this subject on the CNIL website).
• If you wish to exercise any of the above rights or require further information, please contact us at: data@localtransitionslearning.eu or by post at the address provided in the beginning of this Policy. You can also obtain further information on the CNIL website. 

We reserve the right to ask you to specify your request and to provide proof of identity (which will not be kept beyond the time necessary to verify your identity).

If you are not completely satisfied with our response, you always have the right to lodge a complaint with the competent supervisory authority responsible for protecting your personal data (in France, the CNIL).

 

Full policy

 

Article 1.  DEFINITIONS 

"Account": the personal account that allows the User to access the Platform and its functionalities after registration.

"ENERGY CITIES": the association ENERGY CITIES, with registered office at 2 CHE DE PALENTE, 25000 BESANCON, registered in the INSEE register under the number 379 716 764 00012.

"Educational Content": refers to the online courses and educational content uploaded to the Platform by Users who benefit from this prerogative.

"Content": refers, in general, to Educational Content as well as other content of any kind (in particular: text, photos, illustrations, graphics, videos or any other type of content supported by the Platform) uploaded or published by Users on the Platform.

"Content User": refers to the User or any other person who uses Content uploaded to the Platform by another User.

"Student": Refers to Users who can access the Educational Content and access the courses offered through the Platform.

"Teacher": Refers to Users who can manage Educational Content, create new Content, monitor Student participation and assign course grades.

"Platform": refers to the LTLC online platform, that allows Users (Teachers and Students) to interact, exchange Content and track their progress.

"Service": refers to the service provided by ENERGY CITIES, i.e. the provision of the LTLC Platform and its functionalities to Users.

"TOU" or "Terms" refers to the present terms of use which define the rights and obligations of Users.

"Profile": Refers to the role assigned to Users on the Platform, which determines the functionalities to which the User has access on the Platform.

"User" refers to the person who has created an Account on the Platform and uses the Service, regardless of their Profile. 

Article 2.   PURPOSE AND SCOPE OF THE TOU

ENERGY CITIES develops and operates the LTLC online platform, which allows Users to share content and follow training courses.

These Terms of Use apply to the use of the Service to the exclusion of any other service or activity offered by ENERGY CITIES, the terms of use of which would then be defined in a document separate from the TOU. The use of other services offered by ENERGY CITIES outside the Platform may be subject to specific terms and conditions or agreements.

The Service is provided free of charge to Users. ENERGY CITIES is not financed by advertising resources. The Platform is an initiative of ENERGY CITIES to bring together in a virtual learning environment training opportunities as well as educational resources created within the framework of European projects, agreements with strategic partners or on the initiative of ENERGY CITIES.  

Article 3.   ACCEPTANCE OF THE TOU

The TOU constitute the agreement between ENERGY CITIES and the User and govern the provision of the Service to the User, i.e. the provision of the Platform.

Use of the Service is subject to acceptance of the TOU. This acceptance shall be deemed effective when the User has checked the corresponding box during registration. By accepting the TOU, the User acknowledges that he/she is fully informed and contractually bound by all of their provisions. If the User does not accept the TOU, he/she may not create an Account on the Platform or access the Service. 

Unless proven otherwise, the User acknowledges and accepts that the data recorded by ENERGY CITIES constitutes proof of all operations carried out from his/her Account on the Platform. 

ENERGY CITIES reserves the right to modify and amend these Terms and Conditions at any time, provided that Users are informed of such planned modifications and are given the opportunity to read the modified Terms and Conditions within 30 days before they come into force.

Article 4.    REGISTRATION PROCESS AND ACCESS TO THE PLATFORM

Account creation process. When the User first logs on to the Platform, he/she will be asked to provide (i) his/her email address, (ii) information regarding his/her role/profile, identity and location, and (ii) his/her preferences regarding the sharing and use of his/her data. The User is then asked to read and accept the Privacy Policy and the Terms and Conditions.

The User is informed that the personal information contained in the registration form is required to create an account and access the Service and will be processed in accordance with LTLC's Privacy Policy. 

Access to the Platform. Users may connect to the Platform using the login and password chosen when creating their Account. The User may access the Platform at any time, except during maintenance periods. The User is informed that the service is provided "as is", without any implicit or explicit guarantee of availability or level of service. 

Article 5.   CONFIDENTIALITY OF USER ACCOUNTS

The Account created by the User to access the Platform is strictly personal, confidential and non-transferable. The User undertakes to keep his/her login details confidential and not to allow third parties to access his/her Account. In case of loss of control or access to his/her e-mail address, the User is invited to inform ENERGY CITIES as soon as possible and request that access to his/her Account be blocked. Failing this, any access to the Account from the e-mail address provided by the User will be considered to be the User's fault.

If ENERGY CITIES has reasonable grounds to believe that the User's access or the security of the Platform is being compromised, or that the Platform is being misused due to unauthorized access, ENERGY CITIES reserves the right to temporarily suspend the User's Account. 

Article 6.  DESCRIPTION OF THE SERVICE

In order to access and use the Platform, Users must be at least 18 years of age or have reached the legal age of majority in their country of residence. Access to the Platform is open to different User profiles, which will determine their prerogatives and the Platform functionalities to which they have access.

The Platform contains various features and functionalities that are accessible to Users according to their Profile: a course space, discussion forums, messaging between Users, a space for monitoring Student progress, course grading tools and various interactive tools. The functionalities available vary according to the User’s Profile, and are as described below:

Students: Users with a Student Profile can participate in the courses and access the Educational Content and information related to their follow-up and progress in the courses in which they are enrolled.

Students have access to the following features: access to their grades, access to discussion forums and messaging tools to interact with other Students and Teachers, access to the peer review system that allows Students to evaluate each other's work.

Non-Editing Teachers: Users with a Non-Editing Teacher Profile can interact with Students enrolled in their courses and review their productions.

Non-editing Teachers have more limited prerogatives than Editing Teachers, and cannot modify or delete activities, Educational Content or other resources on the Platform. The features enabled for Non-editing Teachers may vary depending on the settings of the Platform.

Editing teachers: Users with an Editing Teacher Profile have the same prerogatives as Non-editing Teachers, but they may also add or modify Educational content and assign profiles (Non-editing Teacher and Student to other users) within the courses they manage. However, they cannot create, duplicate, download or delete courses.

Certain features of the Platform may include sending notifications to Users directly on the Platform or by email on a daily, weekly or monthly basis. Users may change their notification settings and unsubscribe at any time.

ENERGY CITIES reserves the right to develop the Service, to add and/or modify the functionalities of the Platform, without the User being entitled to any compensation. ENERGY CITIES will inform Users of any planned changes through the Platform or by any other appropriate means.  

Article 7.  ATTENDANCE

Certain courses available on the Platform require the active and regular participation of Students. By registering for these courses, Students agree to participate regularly in the course activities and to submit the required assignments on time.

Teachers may record Students' participation and attendance. In the event of insufficient participation in a course or failure to submit the required work, Teachers may take any appropriate measure, including: restricting access to the more advanced Educational Content to Students who have completed all the required activities, not awarding a badge or certificate, or even dismissing the Students from the course.

Attendance and participation requirements are specified in the course description. Students are encouraged to carefully review the requirements of each course before enrolling.

Article 8.   NO ACADEMIC CERTIFICATION

Registration on the Platform and on the courses does not require any diploma or prerequisite. ENERGY CITIES does not act as a training organization within the meaning of the French Labor Code. As such, the User may not seek any reimbursement from public or mutualized funds, or from his/her personal training account (CPF).

ENERGY CITIES does not issue any state-recognized diplomas. The diplomas, attestations, certificates, badges or any other proof of participation that may be issued by ENERGY CITIES in connection with the use of the Platform are provided for informational purposes only and do not in any way constitute a certification, diploma or professional or academic title and have no legal value. ENERGY CITIES reserves the right not to issue any diploma, attestation, certificate, badge or any other proof of participation in the event of insufficient participation by the User.

The User may not consider any title or certificate issued by ENERGY CITIES as an official or state recognized certificate, diploma or title.

Article 9.  USE OF THE PLATFORM IN GOOD FAITH

The User undertakes to use the Platform in good faith. In this respect, Users undertake to refrain from any fraudulent or unfair conduct the purpose or effect of which is to distort or compromise the proper functioning of the Platform or the integrity of the Content, assessments or any other learning related activity. In particular, Users shall refrain from any act that constitutes:

-        Plagiarism, or any total or partial reproduction, of a work, idea, text, content or creation protected by intellectual property rights or belonging to others, without mentioning its original source and without the express authorization of its author, presenting the content as their own.

-        Cheating, or any attempt to circumvent, alter or falsify results, ratings, scores, including, unauthorized communication with other Users, use of unauthorized materials or any other form of fraud intended to gain an undue advantage.

Any violation of this clause will result in consequences that may include the immediate temporary or permanent exclusion of the User concerned from the Platform, the revocation of his/her rights of access to the Educational Content and the deletion of any content uploaded by the User as part of his/her use of the Platform, without prejudice to any compensation that ENERGY CITIES or third parties who have been the victims of such conduct may seek.

In the event of a violation of these provisions, ENERGY CITIES also reserves the right to inform any person concerned by the violation, such as Teachers or other competent entities, in order to enable them to take appropriate action.

By accepting these TOU, the User certifies that he/she is aware of and understands the consequences of violating this clause, and undertakes to comply fully with the rules set forth herein.

Article 10.    GOOD CONDUCT AND RESPECT BETWEEN USERS

The Platform includes public and private areas for contributions and exchanges (forums, areas dedicated to the publication of opinions or comments, private messages between Users, etc.). By using the Platform, each User agrees to comply with all applicable laws and regulations as well as with the terms of these TOU and to use the Service in good faith.

Prohibited Content. On the Platform, the User agrees to respect the rights of third parties and not to publish any comments, messages or other content that are prohibited by law or regulation or that may harm the interests of other Users, ENERGY CITIES or third parties.

In particular, any publication or content that constitutes a criminal offense or incitement to commit a criminal offense, such as threats, incitement to hatred, violence, suicide or self-mutilation, apology for terrorism, discrimination, fraud, identity theft, infringement of intellectual property rights, spam, insults, defamation, harassment, intimidation, as well as any content that is racist, sexist, xenophobic, homophobic, negationist, handiphobic, offensive, violent, intimidating, obscene, in violation of the privacy of other users or third parties, or contains information that is manifestly false or likely to disrupt public order is prohibited.

In the case of publication of content that violates laws or regulations or these Terms of Use, the Content may be deleted and may lead to the immediate suspension of the Service and the account of the User from which the content was published, without giving rise to any compensation to the User holding the suspended account and without prejudice to any proceedings that may be brought by ENERGY CITIES, the User or any third party who has been harmed by the disputed content.

Furthermore, ENERGY CITIES has no control over forums or discussion groups not created by ENERGY CITIES but by a third party, including a User, outside the Platform. ENERGY CITIES cannot be held liable in any way for comments made or content published outside the Platform.

Advertising. The publication by Users on the Platform of advertising content is not permitted. ENERGY CITIES reserves the right to remove such content and delete the account of the User responsible for its publication in case of repeated violations.

User's responsibility. Users are reminded that any connection to their Account using their identifiers is considered to have been made by them. Consequently, it is the User's responsibility to adequately secure access to his/her Account and to ensure the confidentiality of his/her Identifiers. The User is expressly informed that the publication of prohibited content from his/her account may give rise to legal proceedings by ENERGY CITIES or third parties.

Reasonable use of the Service. The User undertakes to use the Service and the Platform in a reasonable manner and, in particular, not to impede or attempt to impede the proper functioning of the Platform by any means whatsoever, in particular by means of a computer virus or malicious code, or to act in such a way as to disable, slow down, overload or prevent the proper functioning or appearance of the Platform.

The User also undertakes not to commit or attempt to commit the following acts at the expense of the information systems of ENERGY CITIES, its partners or other Users: fraudulently enter or remain in these systems, hinder or distort their operation; fraudulently introduce data into these systems or fraudulently extract, store, reproduce, transmit, delete or modify data from these systems.

Article 11.   CONTENT PUBLICATION, CLASSIFICATION AND REMOVAL

Publication conditions. The Educational Content on the Platform may only be published by ENERGY CITIES and by Users enjoying this prerogative.

Removal. Removal may be decided by the User, who may remove Content that he or she has published. However, the removal of a course is the exclusive prerogative of ENERGY CITIES, who makes sure that the Educational Content is consistent with its mission and values. Furthermore, ENERGY CITIES also reserves the right to remove any Content if it violates any law or regulation, the TOU, or if ordered to do so by a competent authority.

Default classification criteria for Educational Content: By default, Educational Content will be sorted in chronological order. ENERGY CITIES may, at its discretion, highlight certain courses based on their duration, topics covered, or profiles for which they are intended (e.g., grouping courses for mayors, social entrepreneurs, etc., or classifying them by language, region, etc.). 

Educational Content ranking parameters: Users can classify Educational content according to the chronological order in which it was published, the category to which it belongs, certain keywords and course type, number of participants, teachers, language, duration, etc...

No financial link or remuneration between the Platform and the Users who may reference Educational Content influences the referencing or ranking of such Content.

Article 12.    RATINGS AND REVIEWS

The Platform allows Users to rate and comment on the Content published on the Platform. Users agree to use the rating function in a fair and honest manner. In particular, Users agree to: leave reviews only for Content that they have actually followed/consulted, evaluate only the quality of the Content to the exclusion of other factors, and write honest reviews based on their personal experience.

Users may not: post false reviews or reviews of Content they have not viewed; review Content that they are the author of; send spam or unsolicited messages to others asking them to leave a review. Users may only rate Content once, and may not engage in any conduct designed to circumvent this rule (in particular, Users may not create other Accounts in order to rate more Content).

Energy Cities does not verify or endorse the accuracy, completeness or reliability of reviews posted by Users. However, Energy Cities reserves the right to remove any review that is reported to Energy Cities to be false, misleading, inappropriate or in violation of the TOU. Users shall comply with all applicable laws and reasonable codes of conduct and shall not use the posting feature for any unfair or unlawful purpose.

Article 13.   SERVICE DURATION

The Service is provided to the User for an indefinite period of time, until termination by the User or by Energy Cities.

Termination by the User. The User may delete his Account and all his data at any time and for any reason, including because he no longer wishes to use the Service or because of a change in the TOU. 

Termination by ENERGY CITIES. The Service may also be terminated by ENERGY CITIES, in its sole discretion, in the event of a suspension of operations of the LTLC Platform, the end of funding for a course, prolonged inactivity of the User's Account (after six months of Account inactivity), failure to attend courses or if the User breaches any of his/her obligations under the TOU.

If ENERGY CITIES deletes a User Account, ENERGY CITIES will notify the User by email to the contact address provided and/or via the Platform, stating the reasons for the deletion. The User will then have the opportunity to create a new Account on the Platform through the registration form, unless the Account has been deleted due to a violation of laws or regulations applicable in the User's country of residence or if its deactivation is required by a court order or a request issued by a competent judicial authority or if the creation of a new account would be likely to engage the liability of ENERGY CITIES or a third party.

Article 14.  ASSISTANCE 

ENERGY CITIES will provide the User with assistance in the event of difficulties in accessing or using the Platform or the Service. To contact support, the User may use the online contact form (technical support) and/or send an e-mail describing the exact problem encountered to the following address: support@localtransitionslearning.eu.

The User agrees to fully cooperate with ENERGY CITIES and provide all information necessary to solve the problem. If the User uses the Service in violation of the TOS or any applicable regulations, ENERGY CITIES reserves the right to refuse to provide assistance to the User.

ENERGY CITIES will make every effort to respond as quickly as possible to each request for assistance. Nevertheless, the User is expressly informed that ENERGY CITIES does not provide any implicit or explicit guarantee regarding the assistance provided to the User.

Article 15.   NOTIFICATION OF ILLEGAL CONTENT

ENERGY CITIES has no control over the Content published by prior moderation, and reserves the right to delete any Content that is manifestly illegal, in particular when it has been the subject of a notice from a User, a court order or any other case provided for by the TOU or the law.

In accordance with the European regulation of October 19, 2022 on a single market for digital services and French Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, the notice must contain the following information:

-       If the notifier is a natural person: name, email address;

-       If the notifier is a legal entity: legal form, company name, email address;

-       If the notifier is an administrative authority: its name and email address.

These conditions are deemed to have been met if the notifier is a User registered on the Platform, is logged in at the time of the notification and ENERGY CITIES has collected the necessary identification data.

-       A description of the disputed content, a clear indication of the exact electronic location of that information, such as the exact URL, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content;

This condition shall be deemed to be met if the Platform enables such notification to be made by a technical function directly accessible from the disputed content.

-       The legal grounds on which the disputed content should be removed or made inaccessible;

This condition shall be deemed to be met if the Platform enables such notification to be made by a technical function indicating the category of infringement to which the disputed content may belong.

-       A copy of any correspondence sent to the author or publisher of the disputed content or activity requesting its suspension, removal or modification, or justification that the author or publisher could not be contacted.

Upon receipt of a notice in the form described above, ENERGY CITIES will review the request for removal and, if necessary, remove the disputed content promptly. ENERGY CITIES reserves the right to request additional information in order to verify the legitimacy of the notice.

Anyone who presents content or an activity as illegal with the aim of obtaining its removal or stopping its distribution, knowing that this information is inaccurate, is punishable by one year's imprisonment and a fine of 15,000 Euros.

Article 16.   GUARANTEES AND LIABILITY OF ENERGY CITIES

In providing the Service, ENERGY CITIES acts as a content host within the meaning of Directive 2000/31/EC of the European Parliament and of the Council of 8, June 2000 on electronic commerce, as amended by Regulation (European) 2022/2065 of 19, October 2022.

Users are therefore informed that, unless otherwise agreed and with the exception of certain Educational Content, ENERGY CITIES does not exercise any prior control over the content and publications made by Users on the Platform and does not guarantee the quality, accuracy or updating of the Content.

In this respect, ENERGY CITIES can only be held liable for the Content published on the Platform in accordance with Article 6 of the aforementioned Regulations. Furthermore, ENERGY CITIES shall not be liable for any direct or indirect damage caused by a User to another User or to a third party in connection with the use of the Service, and in particular in the event of a breach by the User of the TOU or applicable regulations. 

ENERGY CITIES offers the use of the Platform on an "as is" basis and endeavors to ensure its maintenance and operation, but does not guarantee its flawless operation or that the Service will be available at all times. 

ENERGY CITIES shall not be liable for any difficulties encountered by the User in the availability and use of the Service, or in the event of the failure or malfunction of tools, systems or networks beyond its control or the unreliability of the means of access provided to the User to access the Platform.

Third-party websites, social networks and platforms. ENERGY CITIES has no control over websites or platforms that are not created by ENERGY CITIES but by third parties, including a User, and that are not managed by ENERGY CITIES. ENERGY CITIES is in no way responsible for the content of these third-party websites, over which it has no control.

Article 17.   PERSONAL DATA

In order to provide its Users with access to the Platform and to improve its functionalities, ENERGY CITIES, as data controller, must collect and process certain personal data relating to the Users. The processing operations carried out by ENERGY CITIES comply with the General Data Protection Regulation (GDPR) and the French Data Protection Act (Loi Informatique et Libertés) as amended and are described in the LTLC Data Protection Policy.

In accordance with the French Data Protection Act and the GDPR, the User or any person concerned by the processing has a right to access, a right to rectify and update his/her data, a right to withdraw his/her consent at any time (for all data processing based on the data subject’s consent) a right to object to the processing of his/her data when such processing is based on ENERGY CITIES’ legitimate interest, a right to the erasure of his/her personal data, in certain cases, a right to restrict the processing of personal data, which, except for compelling reasons, may only be carried out with the consent of the data subject, a right to the portability of personal data provided by the data subject and the right to determine the fate of his/her data after his/her death (article 40-1 of law 78-17 of January 6, 1978) and to choose a trusted third party to whom the data may be entrusted (more information on this subject on the CNIL website).

If you wish to exercise any of the aforementioned rights or require further information, please contact us by email at: data@localtransitionslearning.eu or by post at address of the Association's registered office indicated at the beginning of this document. Further information is also available on the CNIL website.

Article 18.   INTELLECTUAL PROPERTY

Intellectual property of the Platform. The Platform and all of its components (software in the form of source code and object code, preparatory materials and databases, logos, trademarks, graphic design elements, images, videos, texts and, in general, any element present on the Platform that has not been uploaded by Users) are creations protected by intellectual property rights owned by ENERGY CITIES and/or, where applicable, its partners. The provision of the Platform to Users by ENERGY CITIES does not imply any transfer of intellectual property rights to Users

In this respect, any use of the Platform and its elements other than browsing and consultation for private purposes is prohibited. In particular, the User is prohibited from reproducing, representing, selling, distributing, publishing, translating, adapting, broadcasting or transmitting, in any form whatsoever, all or part of the elements that make up the Platform, for any use other than private use. In addition, any disassembly, decompilation, decryption, extraction, reuse or total or partial copying is strictly prohibited and may result in the suspension of the Service and legal proceedings.

Intellectual property relating to Educational Content and other Content published by Users on the Platform. Unless otherwise specified, Content, including but not limited to Educational Content, uploaded or published by Users on the Platform is automatically subject to the Creative Commons: Attribution-NonCommercial 4.0 license (CC BY-NC 4.0) (the "License").

Before publishing any Content, the User shall read and accept the terms of the License. The User is expressly informed that he/she will not receive any remuneration, compensation or consideration for publishing Content on the Platform.

Under this License, the User may perform the following actions with respect to the Content: 

-        Share the Content. Copy and redistribute the Content in any medium or format;

-        Adapt Content. Remix, transform and build upon content published on the Platform;

Under the terms of this License, users of the Content must in particular: 

-        Give appropriate credit, provide a link to the license, and indicate if changes were made. The User of the Content may make such attribution in any manner he/she chooses, provided that such attribution is reasonable and does not in any way suggest the licensor endorses him/her or his/her use;

-        The Content User may not use the Content for commercial purposes;

-        The User of the Content may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

No warranties are given. The license may not give the User all of the permissions necessary for his/her intended use. For example, other rights such as publicity, privacy, or moral rights may limit how the User uses the Content.

In the event of consultation or use of the Content, the User agrees to comply with the terms of the License as defined above.

Article 19.   MISCELLANEOUS PROVISIONS 

Integrality. The TOU may be accessed at any time on the Platform. They constitute the entire agreement between ENERGY CITIES and the User and supersede any previous version, any other agreement between the parties, or any other terms and conditions. No special conditions may be added to or substituted for the TOU at the User's initiative. They shall enter into force on the date of the update indicated at the top of this document.

If one or more provisions of the TOU are found to be invalid, inapplicable or unenforceable, the TOU shall remain in full force and effect and the validity of the remaining provisions shall not be affected, except to the extent that such invalidity, inapplicability or unenforceability would materially affect the agreement between the parties. 

Non-Waiver. Any delay by ENERGY CITIES in exercising any of its rights under the TOU or its contractual relationship with the User, or any failure by ENERGY CITIES to exercise such rights or to enforce a breach by the User, shall not be construed as a waiver of any right to exercise such rights or to enforce such obligation.

The User accepts that ENERGY CITIES may transfer the contract to affiliated companies or third parties without the prior consent of the User.

Article 20.    APPLICABLE LAW AND DISPUTE RESOLUTION

The Service is provided in English. The TOU are provided in French and the French version prevails over any language translation. 

In the event of a dispute or claim, the User agrees to contact ENERGY CITIES by e-mail at the following address: support@localtransitionslearning.eu.

If the dispute cannot be resolved amicably, if the User is a consumer and a resident of a Member State of the European Union, any dispute arising between ENERGY CITIES and the User concerning the Service will be governed by the laws of that Member State and the courts of that Member State will have jurisdiction to hear the dispute. 

In all other cases, the User accepts that the claim will be brought before the competent courts of the city of Paris and that French law will govern the Contract.