Last update: 10/07/2024

Preamble

SysDream, a simplified joint-stock company (société par actions simplifiée) with capital of €1,918,819, having its registered office at 14 Place Marie-Jeanne Bassot - 92300 Levallois-Perret, registered in the Paris Trade and Companies Register under number 451 676 126 (hereinafter referred to as “SysDream”) is the publisher of the “Malice” software solution, and provides its Client (hereinafter referred to as the “Client”), its employees and any other third parties authorized in advance (hereinafter referred to as the “Users”), to access the said solution marketed as a “SaaS” model and dedicated to “cybersecurity training”, including any downloadable content and/or documentation, regardless of the medium, relating to the said solution and directly provided by SysDream, as part of access to the service (hereinafter referred to as the “Application”), access to which, consultation and use of which are subject to the present terms and conditions (hereinafter referred to as the “General Terms of Use” or the “GTU”).

The Client is only authorized to use this Application for the duration of the training to which the Client has subscribed and in accordance with these Terms of Use. It is the Client's responsibility to ensure that only Users, who hold the means of access associated with this Application and who are managed by the Client's designated administrator, where applicable, access, consult and use this Application in accordance with these Terms of Use. In any event, the Client is directly liable to SysDream for the use of this Application by Users.

SysDream reserves the right to modify the GTU at any time, in whole or in part, in particular in order to adapt them to the technological, regulatory or legal environment. The User is therefore invited to consult these GTU on a regular basis in order to remain informed of any updates.

1. Purpose

These General Terms of Use define the terms and conditions under which any User undertakes to access, consult and use this Application.

2. Acceptance - Enforceability

Access to, consultation and use of this Application are subject to compliance with these Terms of Use. By accepting these General Terms of Use, the User expressly acknowledges that he/she has read them and accepts its terms and conditions. The User hereby undertakes to access, consult and use this Application in accordance with the General Terms of Use. In the absence of acceptance of the General Terms of Use, access, consultation and use of this Application may not be carried out. Refusal by the User to abide by all or part of these General Terms of Use shall result in prohibition of access, consultation and use of this Application.

These General Terms of Use are also available, when using this Application, on this Application portal page and can therefore be consulted at any time.

3. Connection

3.1. User requirements

• Internet browser capable of executing Javascript.
• Efficient wired, mobile or WIFI network at time of connection.
• Request to connect to this Application to receive a temporary password.
• Creation of a personal password.

Finally, when the User fills in a connection request form, he/she undertakes to provide only accurate, sincere, appropriate and up-to-date information, as well as his/her true identity. If the User is acting on behalf of a legal entity, he/she undertakes to be authorized to do so.

3.2. Access codes

SysDream provides each User with a login and password to access this Application. The User shall treat this information as confidential and shall be responsible for any unauthorized use thereof. If the User becomes aware of any unauthorized use of his/her login and/or password, the User must notify SysDream without delay. Furthermore, if the User loses his/her password, he/she may request that it be reset.

3.3. Availability of this Application

SysDream will use its best efforts to maintain this Application accessible 7 days a week, 24 hours a day. However, the User is hereby informed that access to this Application may be temporarily suspended, particularly in the event of maintenance operations, migrations, updates or constraints related to the operation of this Application or the Internet network.

Please note that data transmission over the Internet is relatively unreliable. In addition, the networks on which data circulate have different characteristics and capacities and are likely to be saturated at certain times of the day, which may affect the time taken to download said data and their accessibility.

4. Intellectual property

All intellectual property rights relating to this Application are and shall remain the property of SysDream and/or its licensors where applicable. With the exception of the rights expressly granted under Article 5, no stipulation herein shall be construed as granting, expressly or implicitly, to the User, an assignment or license of intellectual property rights or any other right of use or ownership of this Application. It is further specified that the User declares that he/she has all necessary rights and authorizations relating to the content that the User uploads, stores or shares on or through this Application; and that the collection, use or storage of the content, if any, does not infringe any law, regulation or third-party right. SysDream assumes no responsibility for User content.

The architecture of this Application, trademarks, logos, graphics, designs, videos, interfaces, slogans, texts, databases, domain names, software, algorithms, source and object code (including HTML), content, without this list being exhaustive, and more generally all elements composing this Application, all rights, titles and interests relating thereto and this Application itself (hereinafter, the “Protected Elements”), are the exclusive property of SysDream and/or relate to a license granted to SysDream.

The creation of simple or deep hypertext links to this Application may only be made with the prior written authorization of SysDream.

SysDream reserves the right to remove any links to third-party websites. Hypertext links are provided for information purposes only. SysDream has no control over the content to which they refer and cannot under any circumstances be held responsible for the latter (the pages remain the sole responsibility of their publisher). In the event that a hypertext link leads the User to access a page with offensive or illicit content, the User is invited to report this link to SysDream before taking any other action so that SysDream can take all appropriate and timely measures to put an end to the disturbance. In order to report offensive or illicit content, Users should go to the “Contact” page at the top of their screen and complete the form.

5. Grant of rights

5.1. Application

In consideration of payment for access to this Application, SysDream grants the User, for the duration of the Cyber training subscribed to by the Licensee, a personal, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right - to access, consult and use this Application for the duration of the right to connection and for the defined territory.

These rights include the right to access, consult, represent and implement this Application in accordance with its intended purpose and the associated documentation provided by SysDream. The Application is made available to the Licensee solely in “SaaS” mode via a connection to an electronic communications network. Any use of this Application that does not comply with its intended purpose, the associated documentation or these GTU is prohibited and may result in the temporary or permanent suspension of rights to connect, access and use this Application. SysDream retains the exclusive right to correct bugs in this Application. Any decompilation is forbidden, except to obtain the information necessary for the interoperability of this Application, in accordance with the provisions of article L122-6-1 IV of the French Intellectual Property Code.

5.2. Downloadable Content

SysDream grants the User a non-exclusive, non-transferable, non-assignable and revocable right of reproduction, in electronic and/or paper format, in a single copy, for the entire world, of the Downloadable Content actually downloaded, i.e. any document (in particular files, archive, application, etc.) or other content that may be downloaded by the User from this Application or sent to the User by e-mail (hereinafter referred to as “Downloadable Content”), on the strict condition that such reproduction contains the SysDream reference (a minimum of “Source : SysDream”). This right of reproduction is strictly personal. Under no circumstances does SysDream grant the right to reuse, exploit, distribute or adapt Downloadable Content for commercial purposes or on behalf of third parties. SysDream reserves the right to modify or cancel the rights granted under this article at any time, in whole or in part, without this allowing the User any type of recourse against SysDream.

5.3. Prohibited use

The User agrees not to make any unauthorized direct or indirect use of this Application and/or Downloadable Content, or any other act prohibited by copyright or intellectual property law.

The User undertakes not to disrupt the proper functioning of this Application. In this respect, and without this list being exhaustive, the following behaviors are prohibited: fraudulent access to or maintenance of this Application; hindering or altering its operation; introduction of viruses; damage; illegal access to stored data; use of data scraping robots, or more generally any other data collection tool with the aim of extracting or reusing a substantial part of the content elements; access or attempted access to this Application by any means other than through the interface provided by SysDream. Failure to comply with the stipulations of this paragraph may render the User liable and, in certain cases, may result in criminal sanctions.

Any use of this Application and/or Downloadable Content is strictly limited to professional use, for the specific needs of the entity subscribing to the rights of connection to this Application; to the exclusion of any commercial use of this Application and/or Downloadable Content such as resale, rental, provision of this Application and/or Downloadable Content to unauthorized Clients, partners, suppliers or any other third party.

The User agrees to abide by all of the provisions of these Terms of Use. In particular, the User expressly agrees not to:

• Modify or have modified by a third party this Application;
• Assign or transfer connection rights (in particular by contribution, assignment of business, execution of pledge), even in the context of legal proceedings;
• Give access to this Application and/or Downloadable Content, directly or indirectly, even temporarily and free of charge, to an unauthorized third party, whether affiliated or not, without the prior written consent of SysDream;
• Teletransmit this Application and/or Downloadable Content, distribute them and place them on a network, in particular on the Internet;
• Lend or make available this Application and/or Downloadable Content by any means whatsoever, including via the Internet;
• Compile or decompile any computer code whatsoever relating to this Application;
• Disassemble, translate or analyze such codes;
• Reverse engineer or attempt to do so;
• Adapt, arrange, modify, reproduce, alter this Application and/or Downloadable Content or create derivative works from this Application and/or Downloadable Content;
• Disclose the results of technical or performance evaluation or comparison tests on this Application without explicit written agreement from SysDream with third parties;
• Delete, remove or alter any copyright, patent, trademark or other intellectual property rights and/or proprietary or confidentiality notices or markings that may appear in connection with access to or use of this Application and/or Downloadable Content.
• To market this Application and/or Downloadable Content.

The User may not claim any rights other than those expressly granted to you under these Terms of Use.

6. Warranty

6.1. Warranty for Infringement

SysDream warrants that it holds all intellectual property rights necessary to grant the Client the right to use this Application for the duration of the subscription in question. In this respect, SysDream guarantees the Client against any action or claim for infringement by a third party, and shall assume any condemnation resulting from a final court decision. In the event that SysDream is prohibited from using this Application, SysDream may, at its option and expense, either replace or modify all or part of this Application with a substitute of equal and/or superior characteristics, or obtain a license for the Client to use this Application. SysDream excludes all warranties to the extent that (i) the Subscribing Entity and/or the User is the source of the infringement; or (ii) the legal proceedings or infringement actions are based on use of this Application (a) not in accordance with these Terms of Use (or any other indication provided by SysDream) or (b) in combination, association or use with any product or item not supplied or specified by SysDream, (c) in a modified state not authorized by SysDream; or (d) in a manner different from that for which it was designed; or (iii) where infringement could have been avoided in the absence of such uses of this Application.

The User warrants to SysDream that it owns and/or has all necessary rights and authorizations with respect to the content that the User uploads, stores or shares on or through this Application. In this respect, the subscribing entity (including the User where applicable), warrants SysDream against any third party claims relating to such content and will defend SysDream, at its own expense, against any allegation of infringement of intellectual property rights due to content uploaded, stored or shared via this Application and undertakes to indemnify SysDream including any damages SysDream may be ordered to pay and any other costs it may incur.

6.2. No warranty

The information contained on this Application (in particular texts, images, sounds and any other data) is non-contractual. In other words, it is provided for information purposes only, without any explicit or implicit guarantee of validity, completeness or topicality, for the sole general information of the User. They are not intended to replace or substitute technical, commercial or other professional offers or services.

SysDream makes no other warranties, express or implied, relating to the use of this Application, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose and/or need. SysDream makes no warranty of performance. SysDream does not warrant the results of this Application, nor that the functionalities of this Application will meet the Client's requirements, including those of any other entity subscribing to/beneficiary of connection rights. Nor does SysDream warrant that this Application is error-free, bug-free, will operate without interruption or discontinuity, or will be compatible with the machines and/or other equipment (including software configurations) used to access it. The User acknowledges that the state of software technology does not allow SysDream to guarantee that it will be able to correct all possible anomalies, errors, bugs or hidden defects that may affect this Application. The User expressly acknowledges and accepts this risk, which is inherent in the development and operation of computer programs. The User also acknowledges that not all errors can be economically rectified or that it is not always necessary to correct them. SysDream cannot guarantee absolute security.

In this respect, SysDream cannot be held responsible for malfunctions or damage inherent in the use of the Internet network, service interruptions, external intrusion, the presence of computer viruses or breaches of computer security that may cause damage to the User's computer equipment, data or other content.

7. Liability

SysDream cannot be held contractually liable if the following conditions are met: (i) a breach exclusively attributable to SysDream, (ii) the occurrence of damage that was foreseeable at the time of activation of connection rights and constituting “an immediate and direct consequence of the breach”, (iii) a sufficient causal link between the first two conditions, (iv) as well as a formal notice. In the event that SysDream’s liability is established, its liability will be limited to direct, personal, foreseeable and certain damages, to the exclusion of any indirect damages and in particular, any loss of profit, renown or reputation, clientele, commercial or economic prejudice or other loss of revenue and any intangible damages. In this case, SysDream’s liability shall in no event exceed the amount invoiced by SysDream to the Client (or to the entity subscribing to connection rights if it benefits from a separate contract directly with SysDream) over the last twelve (12) months, for all damages combined and for the entire duration of access to this Application. Payment of the sum awarded, where applicable, excludes any other form of financial compensation or indemnity of any nature whatsoever. Damages and interest shall automatically be deemed to be in full discharge of liability.

SysDream accepts no liability for events attributable to the Client, the entity subscribing and/or benefiting from connection rights or the User, or arising from the actions of a third party or a case of force majeure (within the meaning of the French Civil Code) including, without this list being exhaustive, breakdowns or cuts in electrical and telecommunications networks.

SysDream cannot be held liable in the event of:

• Unauthorized use, operating error or use of this Application in a manner that does not comply with the documentation or any other instructions provided by SysDream;
• Modification of the computer environment on which this Application is accessed;
• Accessing, consulting or using this Application when SysDream, following a difficulty or for any other reason whatsoever, had recommended suspending access, consultation and/or use;
• Access to this Application from an environment or configuration that does not comply with the prerequisites communicated by SysDream or in connection with third-party programs, data, content or equipment that has not been previously validated by SysDream;
• Difficulties accessing this Application due to saturation or unavailability of the User's networks (mobile, wired or wireless connectivity, etc.);
• Virus contamination of data and/or software on information systems from which the User connects, the protection of which is not the responsibility of SysDream;
• Malicious intrusion by third parties on the logical or physical infrastructures from which the User connects;
• Malfunctions or damage inherent in the use of the Internet network, service interruptions, external intrusion, presence of computer viruses, breaches of computer security that may cause damage to computer equipment, data and other content of the User.

8. Protection of personal data

In the course of using this Application, SysDream may process personal data concerning the User in accordance with applicable regulations.

In order to be informed of the processing of personal data concerning the User in this context, and of his/her rights as a data subject, the User is invited to refer to the Information notice concerning the processing of personal data for this Application, accessible on the application portal, at the bottom of the page.

9. Law

These General Terms of Use are governed by and construed in accordance with French law, to the exclusion of its conflict of laws rules and regardless of the country from which the User accesses this Application.

10. Applicable jurisdiction

Any dispute or litigation arising from the validity, interpretation and/or performance of the General Terms of Use, which the parties are unable to resolve amicably within thirty (30) days of receipt of the first written notification of the dispute by the most diligent party to the other party, will be subject to the exclusive jurisdiction of the competent courts of Paris, to which exclusive jurisdiction is granted even in the event of multiple defendants, summary proceedings or warranty claims.

Last update: 10/07/2024

SysDream particularly committed to the protection of privacy, undertakes vis-à-vis individual users (hereinafter referred to as "the User") of this application (hereinafter referred to as "the Application") to process personal data concerning them in compliance with French and European legislation and regulations, in particular the French Data Protection Act (Loi Informatique et Libertés) and the General Data Protection Regulation (GDPR) (together hereinafter referred to as the "Applicable Regulations").

For the understanding of the following stipulations, the terms "Personal Data", "Sensitive Data", "Processing", "Data Controller", "Transfer", "Data Subject", "Legal basis", "Data Protection Officer" and "Purpose" shall have the meaning defined by the Applicable Regulations.

The purpose of this privacy policy is to inform the User of the manner in which his or her Personal Data is processed in the context of the use of the Application.

SysDream reserves the right to modify this policy at any time, in whole or in part, in particular in order to adapt to the technological, regulatory or legal environment. The User is therefore invited to consult this policy on a regular basis in order to remain informed of any updates.

1. Identity of the Data Controller

a) SysDream, a simplified joint stock company, having its registered office at 14 Place Marie-Jeanne Bassot - 92300 LEVALLOIS-PERRET, registered in the Paris Trade and Companies Register under number 451 676 126, acts as a Data Controller for the processing operations identified in section 2 in accordance with this Privacy Policy. The contact details of its Data Protection Team is stipulated in article "Exercise of the rights of the Data subject".

b) The Processing of Personal Data not listed in this Privacy Policy is carried out by SysDream, as Data Processor exclusively according to the instructions provided by your employer.

2. Description of the Processing of Personal Data: Personal Data Processed, Purposes and Legal Bases

Personal data is any information relating to a natural person that can be identified, directly or indirectly, by cross-referenced data.

SysDream collects the following personal data from Users:

• Last name, first name, professional e-mail address, password, professional telephone number of the User (hereinafter referred to as “Identification Data”);
• IP address, connection and browsing data, offers consulted, history of Transactions carried out by the User employed by the customer, operations and exchanges leading to these Transactions (hereinafter “Technical Data”).

As part of the provision of the Platform, SysDream processes Personal Data concerning the User for the following Purposes:

3. Retention period

We ensure that your data is kept for no longer than is necessary for the purposes listed above and in accordance with applicable legal provisions (for example, in the event of litigation or to comply with tax or legal obligations). After expiry of the retention period in the active database and the archiving period, your personal data will be deleted.

For further information concerning retention periods, the User may contact SysDream data protection team, whose contact details are given in the article “Exercising the rights of Data Subjects” below.

4. Cookies

SysDream uses cookies and similar technologies to power, protect and improve the Application.

See our cookie policy to learn how and why SysDream uses these technologies.

5. Commitments of the User

When the User provides Personal Data to SysDream, he/she undertakes to provide only accurate, sincere and up-to-date information about his/her situation, as well as his/her true identity.

In the context of forms to be completed, when Personal Data are identified as mandatory (in particular with "*"), the User must provide them, failing which he/she will not be able to benefit from the proposed service.

SysDream does not process Sensitive Data via the Application. By voluntarily providing SysDream with such data without it being requested (for example via the free comment fields), the User acknowledges that this information will be deleted as soon as possible by the Data Controller once the latter becomes aware of its sensitive nature within the meaning of the GDPR.

6. Recipient(s) of Personal Data

The recipients of Personal Data in connection with the use of the Application are:

• Authorized persons in the SysDream departments concerned;

• Teach Up, the company providing the training module;

• Amazon AWS when using the mail server.

At the request of duly authorized judicial and administrative authorities, SysDream will transmit Users' personal data to said authorities in compliance with applicable regulations.

SysDream undertakes to implement appropriate technical and organizational measures to ensure the confidentiality and security of Personal Data processed and ensures that its employees (and service providers, where applicable) involved in the Processing of Personal Data comply with these measures.

7. Safeguards in place for the protection of Personal Data

SysDream ensures the confidentiality and security of the User's Personal Data by implementing appropriate technical and organizational measures, in accordance with applicable regulations.

Various protective measures have been put in place for this purpose (non-exhaustive list):

• Access control and limited user access: SysDream authorizes access only to authorized personnel and only to the extent necessary for the maintenance and provision of Services.

• Vulnerability control and assessment: SysDream conducts penetration tests to investigate identified problems and ensure their resolution if necessary.

• Data Integrity: SysDream will maintain controls designed to ensure data integrity during transmission, storage and processing within the Platform.

• Incident management: SysDream will follow corrective action plans and incident response plans to address potential security threats.

• Employee security training: SysDream will implement and maintain employee security training programs regarding security requirements.

• Data encryption

• Installation of firewalls

• Physical access controls: SysDream implements protocols designed to prevent unauthorized physical access, damage or interference with the Platform.

• Data Center access controls (Equinix).

8. Transfer of Personal Data

Within the framework of the Application and in compliance with the applicable Regulations, transfers to organizations located outside the EEA are carried out by Amazon AWS, in its capacity as Data Processor (see Article 5 “Recipients of Personal Data”).

To ensure the compliance of transfers, the Data Processor has implemented contractual measures, as well as technical and organizational measures.

For further information on the Transfers of Personal Data carried out within the framework of the Application, the User may contact Hub One's Data Protection Officer at the contact details stipulated in Article 9 “Exercising the rights of Data Subjects” below, or visit the following links:

• Privacy features of AWS services (amazon.com)

• RGPD - Amazon Web Services (AWS)

• https://www.microsoft.com/licensing/docs/view/Microsoft-Products-and-Services-Data-Protection-Addendum-DPA

9. Exercise of the rights of the Data subject

As a Data Subject, the User has specific rights. These rights are as follows:

• Right of access: in particular, you may request a copy of all your personal data held by us.

• Right of rectification: you may request rectification of your personal data if it is inaccurate or incomplete.

• Right to erasure: you may request the erasure of your personal data under the conditions set out in Article 17 of the GDPR.

• Right to restrict processing: you may request the restriction of the processing of your personal data.

• Right to object: you may object at any time to the processing of your personal data insofar as this is justified by reasons relating to your particular situation under the conditions provided for in Article 21 of the GDPR.

• Right to define the fate of your data after your death: you may define directives relating to the fate of your personal data after your death (concerning its retention, deletion, and where appropriate its communication), in accordance with Articles 48 and 85 of the French Data Protection Act.

• Right to lodge a complaint with a competent personal data protection authority: you have the right to lodge a complaint with the CNIL, whose website is accessible at the following address: www.cnil.fr and whose head office is located at 3 Place Fontenoy, 75007 Paris.

To exercise these rights or if you have any other questions about the processing of your personal data, please send any request to Hub One’s Data Protection Team of which SysDream is a part, at the following address: