General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE (GTCS)

Complexe Systémique, 2 rue Coysevox, Bureau 3, 69001 Lyon

Tel: +33682259101
Email: contact@complexe-systemique.com
Website: www.complexe-systemique.com

This translation is provided for information only. Only the French version is legally binding.

Article 1. Purpose

1.1These general terms and conditions of sale (hereinafter the ‘GTCS’) set out the conditions under which Complexe Systémique, a vocational training organisation, SIRET 95174592600018, training provider registration (déclaration d’activité) No. 84692158069, NAF code: 85.59B (hereinafter ‘Complexe Systémique’), provides training services (in person, remote or hybrid) to professionals (hereinafter the ‘Client’).

The Client may be:

A professional who is a natural person (self-employed trainee), whose relationship with Complexe Systémique is governed by a ‘Training Contract’ (contrat de formation),
A professional that is a legal entity (company, institution) enrolling one or more participants by means of a ‘Training Agreement’ (convention de formation).

Each participant enrolled in a training course delivered by Complexe Systémique is referred to in these GTCS as a ‘Participant’.

1.2 Any enrolment request or order implies the Client’s unreserved acceptance of these GTCS. They supplement the Training Agreement or Training Contract. In the event of any conflict between these GTCS and the said Agreement or Contract, the specific provisions of the Agreement or Contract shall prevail. Unless formally waived in writing by Complexe Systémique, these GTCS shall prevail over any other document of the Client, in particular the Client’s general terms and conditions of purchase.

1.3 The GTCS may be updated during the financial year. The latest version is available on the website www.complexe-systemique.com or on request. Such updates shall not entitle the Client to any compensation.

1.4 These GTCS cover:

In-person training courses (INTER, i.e. open enrolment, or INTRA, i.e. in-house),
Videoconference/e-learning training courses,
Support services (practice analysis, supervision, conferences, etc.).

The term ‘Training’ hereinafter refers to each type of service mentioned above.

Article 2. Enrolment procedure

2.1 INTER Training

The Client submits an enrolment request via the website www.complexe-systemique.com or by any other written means accepted by Complexe Systémique. Once the request has been approved, a Training Agreement (for legal entities) or a Training Contract (for natural persons) is sent to the Client, together with a course outline and these GTCS.

The Client returns the signed Agreement/Contract, initialled on every page, thereby confirming the enrolment.
A minimum and maximum number of Participants may be set; Complexe Systémique undertakes not to exceed that maximum number.

Joining instructions (stating, in particular, the times and the exact venue of the training) are then sent. At the end of the training, Complexe Systémique provides:

A certificate of attendance (issued to each Participant),
The attendance sheets and satisfaction questionnaires (on request),
The final invoice (or interim invoices, depending on the duration).

The Client must ensure that any third-party funding (OPCO, i.e. a French skills operator that funds vocational training, etc.) is valid before the training begins.

2.1.1 INTER Training by videoconference / e-learning

INTER Training may be delivered remotely (videoconference, webinars, e-learning platform, etc.), in whole or in part. In that case:

Technical requirements and access
Each Participant must have:
A stable internet connection,
Suitable equipment (computer, tablet, microphone, webcam),
The required software configuration (up-to-date browser, platform permissions, etc.).
Complexe Systémique cannot be held liable for any malfunction attributable to the Participant’s equipment or connection.
Joining instructions and identification
Access details, connection links and technical instructions are sent by email. Each Participant undertakes to log in under their real identity and to keep to the scheduled times.
Recording and distribution
Unless expressly stated otherwise, audio/video recording of sessions by the Client or the Participants is prohibited. Complexe Systémique may, after giving prior notice, record a session for educational purposes. Participants may refuse to appear in such recordings by giving written notice before the training.
Attendance records and monitoring
To evidence that the training has actually been delivered, Complexe Systémique records attendance by means of screenshots, connection reports and/or electronic signatures.
Technical force majeure
In the event of a general server failure, a cyberattack or a major technical problem beyond the control of Complexe Systémique, the training may be postponed or reorganised on another platform, without any additional compensation.

2.2 INTRA Training and support services

Any request for INTRA Training or for support services (practice analysis, supervision, etc.) is the subject of an educational and financial proposal (quotation). Once a Training Agreement has been signed and returned, the enrolment is firm and final. The organisational details (dates, venues, duration, etc.) are set out therein.

In the event of amendment or cancellation by the Client, the conditions of Article 7.2 apply.
The attendance sheets and evaluation forms are sent to the Client after the training or support service, upon request.

2.2.1 INTRA Training or support services by videoconference / e-learning

INTRA Training or support services (practice analysis, supervision, conferences, etc.) may also be delivered remotely, in whole or in part, according to the same principles:

Technical requirements and access
The Client must ensure that each Participant (or each person receiving support) has an adequate internet connection and the necessary equipment (computers, webcams, microphones, etc.). Complexe Systémique cannot be held liable for failures attributable to the Client (equipment, network, etc.).
Joining instructions and identification
The Client receives the connection details (link, login credentials, times) provided by Complexe Systémique and forwards them to the Participants (or to the persons receiving support). Everyone logs in under their true identity.
Recording and distribution
The same rules as for INTER Training apply: recording by the Client or the Participants is prohibited without written authorisation, and Complexe Systémique may make an educational recording after giving prior notice (which may be refused by written notice given before the training/support service).
Attendance records and monitoring
Attendance is verified by appropriate means (platform reports, electronic attendance sheets, etc.).
Technical force majeure
In the event of a platform failure, a cyberattack or any other event beyond the control of Complexe Systémique, sessions may be postponed or transferred to another technical solution, without any additional compensation.

Article 3. Training arrangements

3.1 Freedom of teaching methods

Complexe Systémique is free to use the teaching methods and tools it considers appropriate. The Client or the Participant undertakes to return the post-training evaluation form within the stated time limit (one or two months, depending on the contract).

3.2 Premises and internal rules

In-person Training may take place on the premises of Complexe Systémique, in hired rooms or directly at the Client’s premises (INTRA).
Participants undertake to comply with any applicable internal rules (those of Complexe Systémique or of the host venue).
In the event of inappropriate conduct (serious disruption, breach of the rules, etc.), Complexe Systémique reserves the right to exclude the Participant at fault.

3.3 Documentation

The documentation provided (training materials, appendices, etc.) is intended as a training aid. Complexe Systémique is not liable for any errors or omissions in this documentation, nor for updating it after the training or support service.

Article 4. Prices and payment terms

4.1 Prices

Prices are stated in euros and are exempt from VAT (or net of tax pursuant to Article 261-4-4° of the French General Tax Code (Code général des impôts)). Prices include training materials.

Participants’ travel, accommodation and meal expenses are borne by the Client (unless otherwise stated).
For INTRA Training or support services, the travel expenses of trainers/speakers are invoiced to the Client where this is stated in the quotation or in the Training Agreement.

4.2 Payment terms

Invoices are payable upon receipt, without discount. Payment may be made by bank transfer, cheque or bank card (in accordance with the agreed terms).

In the case of a long training course or support service, or one delivered in several parts, Complexe Systémique may issue interim invoices.
Under a Training Contract (individual), a 10-day withdrawal period applies (see Article 5). No sum may be required before the end of this period.
Once the statutory withdrawal period has expired, the Client may be required to pay a deposit of no more than 30% of the price, the balance being payable in instalments according to the agreed schedule.

Any late payment shall automatically give rise to penalties at the statutory interest rate and to a fixed indemnity of €40 for recovery costs (Article L.441-10 of the French Commercial Code (Code de commerce)). Complexe Systémique reserves the right to suspend any new order in the event of non-payment.

4.3 Funding by a third-party funding body (OPCO, etc.)

If the training is funded by a third party (OPCO, FAF – training insurance fund, etc.), the Client must:

Obtain funding approval before the start of the training or support service,
Provide the funding body’s details when placing the order,
Send proof of funding approval to Complexe Systémique.

Failing written confirmation from the funding body by the first day of the training/support service, the full cost will be invoiced to the Client. In the case of partial funding, the balance is payable by the Client.

Article 5. Withdrawal (Training Contract)

In accordance with Articles L.6353-3 et seq. of the French Labour Code (Code du travail), any trainee who is a natural person (in the case of a Training Contract) has a period of 10 days from the signature of the Contract in which to withdraw.

The trainee must notify Complexe Systémique by registered letter (or by email with acknowledgement of receipt).
No payment is due before this period has expired.
After this period, the enrolment becomes firm and final.

Article 6. Cancellation, amendment or postponement by Complexe Systémique

6.1

Complexe Systémique reserves the right to cancel or postpone a training course or support service (e.g. insufficient numbers, unavailability of a trainer, major technical constraints). In that case:

Any sums already received are refunded in full to the Client,
No other compensation is due,
Complexe Systémique may offer new dates or a replacement trainer with equivalent skills.

6.2

In the event of force majeure (Article 1218 of the French Civil Code) making it impossible to hold the training or support service (disaster, pandemic, etc.), Complexe Systémique will endeavour to offer a postponement. If postponement proves impossible, the Agreement/Contract shall be terminated automatically by operation of law.

Article 7. Cancellation, postponement or substitution by the Client

7.1 INTER Training

Cancellation by a trainee (Training Contract) or by the employer (Training Agreement):
More than 30 days before the training: no penalty,
Between 30 and 10 days before: 50% of the price is invoiced,
Less than 10 days before: 100% of the price is invoiced.
Absence, late arrival, partial attendance: no refund or credit note. The full price remains payable.
In the event of duly evidenced force majeure (Article 1218 of the French Civil Code), only the part of the training actually delivered is invoiced.

The Client may request the substitution of a participant (except where a programme/cycle has already begun) up to 15 days before the training, subject to verification of the prerequisites.

7.2 INTRA Training and support services

Cancellation of the entire session (or of the entire support service) at the Client’s initiative: all the agreed days or sessions are invoiced in full (as a cancellation fee), except in cases of force majeure.
Cancellation of one or more dates:
If the request is made more than 30 days in advance: no charge,
Less than 30 days in advance: the cancelled dates are invoiced in full.
Postponement of one or more dates:
More than 30 days in advance: no charge,
Less than 30 days: the original date(s) remain payable in full.

In the event of proven force majeure, only the training or support time actually delivered is invoiced.

Article 8. Intellectual property

All content (documents, digital materials, videos, slides, etc.) provided during the training or support service is the exclusive property of Complexe Systémique. Any reproduction, distribution or use (in whole or in part) without prior written authorisation is strictly prohibited.

Article 9. Enquiries and complaints

Any question, complaint or request for information must be sent:

By post to Complexe Systémique, 2 rue Coysevox, Bureau 3, 69001 Lyon,
By email: contact@complexe-systemique.com.

Complexe Systémique endeavours to respond as promptly as possible. A complaints handling procedure is in place in accordance with the Qualiopi framework (French quality certification for vocational training).

Article 10. Liability

Complexe Systémique is bound only by an obligation of means (a best-efforts obligation under French law). Its liability may be incurred only in the event of proven fault and is limited to direct damage. In any event, compensation shall not exceed the total amount paid by the Client for the training or support service.

The Client or the Participants remain liable for any damage they may cause to the host premises or equipment, save in the event of proven fault on the part of Complexe Systémique.

Article 11. Personal data

11.1 Purposes and legal basis

Complexe Systémique processes personal data (quotations, enrolments, correspondence, etc.) in order to:

Organise and deliver the training or support service,
Manage the contractual relationship and invoicing,
Comply with its legal obligations,
Send information or offers to existing clients (subject to consent or legitimate interest, in accordance with the GDPR).

11.2 Disclosure and transfers

No data is transferred to third parties outside the EU, the UK or Switzerland, except to processors (e-learning platforms, payment solutions, etc.) bound by confidentiality and security commitments that comply with the GDPR.

11.3 Data subjects’ rights

In accordance with the GDPR, every individual has:

The right of access, rectification and erasure,
The right to object or to restriction of processing,
The right to data portability,
The right to give directions concerning the fate of their data after their death,
The right to lodge a complaint with the CNIL (French data protection authority).

Requests may be sent to contact@complexe-systemique.com. Data is retained for as long as necessary for the purpose pursued and to meet legal obligations (accounting, etc.).

Article 12. Miscellaneous

12.1 If any clause of these GTCS is held to be void, this shall not affect the validity of the other provisions.

12.2 Failure at any time to require the application of a clause shall not constitute a waiver of the right to rely on it subsequently.

12.3 Complexe Systémique may subcontract all or part of its services.

12.4 Complexe Systémique is authorised to cite the Client’s name (or logo) as a commercial reference, unless the Client objects in writing.

12.5 The Parties remain independent in the performance of these GTCS.

12.6 The Client waives the benefit of Articles 1221, 1222 and 1223 of the French Civil Code (specific performance, unilateral price reduction, etc.).

Article 13. Jurisdiction / governing law

Any dispute not resolved amicably within one (1) month shall be brought before the competent courts within the jurisdiction of the Tribunal de Lyon (Lyon court), even in the event of multiple defendants or third-party claims. These GTCS are governed by French law.

Article 14. Confidentiality

14.1 Confidential nature
Information exchanged during the training or support service (personal accounts, case studies, the Client’s professional data, etc.) may be confidential in nature.

14.2 Undertakings of the Parties
Complexe Systémique, its trainers and the Participants undertake not to disclose confidential information to third parties without prior consent. Any internal materials or documents of the Client shared during the training/support service may not be distributed or reused outside the agreed framework.

14.3 Exceptions
Information that has entered the public domain or was already known to the receiving Party before its disclosure shall not be considered confidential.

14.4 Duration
The confidentiality obligation continues for 5 years after the end of the service.

14.5 Privacy Policy
Complexe Systémique also has a detailed Privacy Policy (available on request or on its website), which more broadly covers the processing of personal data, the use of cookies, security, etc.

Last updated 13/03/25

Complexe Systémique Privacy Policy

Effective date: 13/03/2025

Complexe Systémique (hereinafter ‘we’, ‘our’ or ‘Complexe Systémique’) is committed to protecting the privacy and security of your personal data. Please read this Privacy Policy carefully to understand how we collect, use and disclose your data.

By using or accessing our services in any way (hereinafter the ‘Services’), you acknowledge and accept the practices and policies described below, and you consent to our collecting, using and disclosing your information as explained in this Privacy Policy.

Note: use of our Services is subject to these General Terms and Conditions of Sale (hereinafter the ‘GTCS’), which incorporate this Privacy Policy.

1. Scope of this Privacy Policy

This Privacy Policy explains how we process the Personal Data we collect when you access or use our Services.

Personal Data: any information that directly or indirectly identifies a natural person (e.g. name, email address, etc.), including what certain laws call ‘personally identifiable information’ or ‘personal information’.

This Policy does not apply to the practices of entities that we do not own or control, or to people whom we do not employ or manage.

We may amend this Privacy Policy from time to time. In the event of a significant change, we will inform you (notice on the website, email, etc.). Your continued use of our Services after changes have been published means that you accept those changes.

2. Personal Data We Collect

We may collect various categories of Personal Data about you, including (but not limited to):

Profile or contact data
Surname, first name, email address, telephone number, etc.
Account registration information (login credentials, passwords).
Payment data
Bank card details (transmitted via a secure third-party payment processor, e.g. Stripe).
Bank details or other means of payment.
Commercial data
Purchase history, orders, subscriptions or transactions.
Invoices, receipts, certificates.
Browsing / device data (Device/IP Data)
IP address, browser type, operating system.
Connection logs, pages visited, session duration.
Data relating to training courses or interactions
Content you post in forums, chats and comments.
Responses to questionnaires or satisfaction surveys.
Any information provided voluntarily.
Other data you choose to share with us
Email exchanges, support messages, etc.

3. Purposes and Legal Bases of Processing

3.1. Commercial or business purposes

We use your Personal Data to:

Provide, personalise and improve our Services
Create and manage your user account.
Process your orders or transactions (invoicing, payments).
Provide you with the products, services or information requested.
Manage customer relations and support.
Analyse and understand how the Services are used
Produce statistics, internal studies, research and development.
Evaluate and improve our features and educational content.
Ensure security, prevent fraud and debug
Combat fraud, secure access and detect suspicious activity.
Marketing of the Services
Offer you deals, newsletters or targeted advertising, in line with your preferences.
Measure the effectiveness of our communication or advertising campaigns.
Correspondence
Respond to you when you contact us.
Send you information about our Services (updates, notifications, alerts).

3.2. Other permitted uses

We may also process your Personal Data to:

Comply with our legal obligations (law, regulation, court order, etc.).
Protect our rights or those of third parties in the event of a dispute, investigation or claim.
Comply with any legal process or request from a competent authority.

3.3. Legal basis for processing (GDPR)

In Europe (e.g. EU/EEA, Switzerland, UK), the processing of your Personal Data is based on:

Performance of a contract (our GTCS): where processing is necessary to provide you with the Services.
Our legitimate interest: improving our offers, securing our Services, managing customer relations, etc.
Your consent: for certain types of direct marketing or cookies, where required by law.
Compliance with a legal obligation: tax and accounting obligations, etc.

4. Sources of Personal Data

We collect your data mainly:

Directly from you
Registration forms, questionnaires, messages, etc.
Interactions on the platform (forums, videoconferences).
Automatically
Through cookies, web beacons, server logs and other tracking technologies (see the ‘Cookies’ section).
From third parties
Payment processors, analytics providers.
Advertising networks or marketing partners (to the extent permitted by law).
OPCOs or other funding bodies where training costs are covered by them.

5. Sharing and Disclosure of Your Personal Data

We may disclose your Personal Data to several categories of recipients, depending on the purposes described above:

Service providers (processors)
Hosting, payment solutions (e.g. Stripe), customer service, analytics, etc.
These providers act on our behalf and in accordance with our instructions, subject to confidentiality.
Advertising partners
Advertising networks or platforms, to show you targeted advertising (retargeting).
Parties you explicitly authorise
Third-party integrations with which you choose to share certain data.
Other users with whom you interact through our Services (forums, etc.).
Legal obligations and protection
Disclosure to administrative or judicial authorities where required by law.
Protection of our rights, your safety or that of third parties; compliance with our GTCS.
Business transfers
In connection with a merger, acquisition, bankruptcy or other transaction resulting in the transfer of all or part of the business to a third party.

Aggregated or anonymised data

We may also create aggregated, de-identified or anonymised data from your Personal Data by removing any element likely to identify you. Such data is then no longer considered ‘personal’, and we may use it for legitimate purposes (analysis, statistics, etc.).

6. Cookies, Tracking Tools and Targeted Advertising

We use cookies and similar technologies (pixels, web beacons, clear GIFs, JavaScript) to:

Recognise your browser and analyse your use of our Services.
Remember your preferences (language, session, etc.).
Understand how you interact with our website (pages visited, time spent, etc.).
Show targeted advertising based on your interests (retargeting).

6.1. Types of cookies

Essential cookies: necessary to access certain features of our Services (authentication, payment, etc.).
Functional cookies: to store your preferences and improve your experience.
Performance/analytics cookies: to understand traffic to our pages and optimise our Services (e.g. Google Analytics).
Advertising/retargeting cookies: to show you relevant advertising on other websites.

6.2. Managing cookies

You can configure your browser or cookie management tool to accept or refuse all or some cookies. However, refusing certain essential cookies may impair your experience or prevent you from accessing certain features.

To find out more about cookies and how to manage them, you can visit www.allaboutcookies.org or the website of the CNIL (French data protection authority).

7. Data Security

We implement appropriate physical, technical and organisational security measures to protect your Personal Data against unauthorised access, disclosure, loss, alteration or destruction.

However, no transmission or storage system is completely infallible. We therefore encourage you to:

Choose a strong password and keep it confidential.
Log out of your account after each session if you use a shared computer.

In the event of a personal data breach likely to result in a high risk to your rights and freedoms, we will inform you without undue delay, in accordance with the legislation in force.

8. Retention Period

We retain your Personal Data for as long as necessary to fulfil the purposes described in this Policy or to meet our legal obligations.

The criteria used to determine the retention period include:

The duration of the contractual relationship (for as long as you have an account or subscription).
Legal or regulatory retention obligations (e.g. invoices: 10 years under French law).
The need to resolve disputes or enforce our rights.

Thereafter, we may retain certain data in anonymised or aggregated form for statistical purposes.

9. Children’s Data

We do not knowingly collect Personal Data from children under the age of 16. If you are under 16, do not register and do not send us any data. If we learn that a child under 16 has provided us with personal information, we will delete it as soon as possible. If you believe that a child under 16 has sent us data, please contact us at contact@complexe-systemique.com.

10. Rights under European Union, UK and Swiss Law (GDPR / UK GDPR)

If you reside in the EU, the EEA, the United Kingdom or Switzerland, you have additional rights (access, rectification, erasure, objection, portability, restriction of processing, etc.). To exercise your rights, please contact us at contact@complexe-systemique.com

Access: you may request a list of the data we hold about you.
Rectification: correct inaccurate or incomplete data.
Erasure: request the deletion of all or part of your data.
Withdrawal of consent: where processing is based on consent, you may withdraw it at any time.
Portability: receive your data in a structured, commonly used format.
Objection / Restriction: object to certain processing or request that it be restricted.
Complaint: lodge a complaint with the data protection authority in your country (e.g. the CNIL in France).

11. Contact Us

For any questions or comments about this Privacy Policy or the way we collect and use your Personal Data, or to exercise your rights (see section 10), you can contact us via:

Email: contact@complexe-systemique.com
Postal address: Registered Office, 2 rue Coysevox, Bureau 3, 69001 Lyon

12. Updates to this Privacy Policy

We may update this Privacy Policy to reflect changes in our practices or for other operational, legal or regulatory reasons. In the event of a material change, we will inform you through appropriate channels (for example, by posting a notice on the website, by email, etc.). The most recent version of the Privacy Policy is always available on our website.

Last updated 13/03/25

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