Internal Regulations of OpenClassrooms

These internal regulations (hereinafter referred to as the "Regulations") are established in accordance with the provisions of Articles L. 6352-3 and Articles R. 6352-1 to R. 6352-15 of the Labor Code.

OpenClassrooms is a training organization and a private distance education establishment registered with the prefect of the Île-de-France region under number 11 75 52056 75 and declared with the rectorate of Paris under code UAI 0755908P, and it is also a Center for Apprenticeship Training (the "CFA").

OpenClassrooms offers certified online training and uses an innovative pedagogy based on skill validation through professional projects and individual mentoring support.

These Regulations apply to all apprentices of the CFA ("Apprentices") and all professional training interns ("Interns"), collectively defined as "Learners" enrolled in a training action aimed at developing skills provided within the framework of continuing education or apprenticeship.

Learners follow a training path via OpenClassrooms' educational tool for the entire duration of the training. The educational tool implemented by OpenClassrooms is accessible on its website at the URL https://openclassrooms.com or the associated local domain names and on its mobile application or any other channel.

The Regulations govern the relationships between Learners and OpenClassrooms in order to provide the best possible training conditions for all Learners while taking into account the specificities of online teaching provided through OpenClassrooms' educational tool.

Any future Learner must fill out a registration request. The registration can only be validated after:

• Reviewing the applicant's file and verifying their prerequisites;
• Completing the Learner's administrative file;
• Signing the contractual documents to carry out the training action (Cerfa forms, training contract, etc.).

The regime declared by the Learner during registration is valid for the entire duration of their training. Changes in regime during the training are not allowed except in cases of force majeure duly established and authorized by the Director of the Training Organization/CFA.

Each Learner must subscribe to a valid civil liability insurance to cover any damage they may cause during their training. This protection must be valid in all countries where the Learner is likely to undertake their training.

The identifiers of the account created by the Learner grant access to the certified training courses offered on the educational tool as well as defined rights based on each Learner's training. These rights are granted only for the duration of their training at OpenClassrooms. The identifiers are strictly personal and must not be communicated to any third party, including another Learner. Each Learner is responsible for actions performed with their identifiers. The Learner agrees to inform OpenClassrooms within 48 hours if they have reason to believe that fraudulent access may have occurred.

Each Learner follows an online education experience that includes projects, courses, and mentoring sessions (a "Path").

Each Path comprises a number of projects that the Learner must validate. The Learner is supported throughout their training by a mentor. To validate their training, the Learner must:

• Complete all the projects that make up their training and have them validated once by a mentor, and
• When required by the project, validate all the skills indicated in the projects with the validating mentor during a subsequent presentation conducted via videoconference. This presentation is recorded and saved in the Learner's file.
• Submit and have their portfolio validated by the certification jury. The decision of the jury members is final.

The certification jury is composed of professionals from the sector and educational representatives of the training. It meets physically or remotely in synchronous or asynchronous ways to deliberate on the awarding of the diploma based on the file of each Learner. The jury modalities are generally defined in the RNCP sheets specific to each certification. Otherwise, they will be determined according to the conditions defined by OpenClassrooms or the training certifier. When the jury refuses to award the diploma, it proposes areas for improvement for submitting one or more new projects focused on skills to be strengthened. Except in cases related to the archiving of the Path or the requirements of the third-party certifier, the Learner then has a period of six (6) months to submit the new projects. These projects are then validated during a subsequent jury session.

Each Learner admitted to a Path must complete his/her Path within the time frame specified by OpenClassrooms at the admission, provided that if a Learner interrupts his/her training for a given period in accordance with the provisions below, the maximum duration for completing a Path is set at 3 years from the first day of training (durations adjusted for persons with disabilities or those with specific needs).

Since OpenClassrooms' teachings are delivered online, each Learner must make the necessary arrangements for learning (a calm environment conducive to concentration). The Learner must have a computer suitable for their training path, have access to a sufficiently quality internet network allowing for uninterrupted videoconferences, possess a webcam, and have a microphone to participate in the scheduled mentoring sessions.

Mentoring sessions are conducted exclusively via videoconference. The Learner agrees that their mentoring and presentation sessions may be filmed and recorded for internal quality purposes and for regulatory controls or accreditations. Each Learner must ensure they present themselves at each mentoring or presentation session in the best possible conditions, i.e., apply punctuality and civility rules, be in an appropriate location, use proper language, and wear appropriate attire. For Apprentices and alternating learners, mentoring sessions must take place on the day dedicated to their training between 8 AM and 7 PM and cannot be held on weekends or public holidays.

Presentation sessions are recorded and kept by OpenClassrooms to serve as a means of continuous assessment of the training. They will be presented and viewed by the final jury members of the certification. They constitute the academic file of the Learner. Consequently, the Learner must necessarily conduct their presentation sessions with the camera on to be identifiable.

If the Learner is unable to follow the training (maternity/paternity leave, stoppage, and suspension) for more than 15 consecutive days, they must promptly inform the OpenClassrooms educational services with justification of the hindrance indicating the duration of the training interruption. They must also inform their Mentor. The acceptability of the justification is solely at the discretion of the Pedagogical Management. Learners funded by a funding organization such as France Travail, Opco, Pro Transitions, or others do not have the possibility to take a break without first referring to their funding organization. An official written agreement from the funding organization is mandatory for OpenClassrooms to consider the said break and for the postponement of the equivalent duration to be effective at the end of the training. For Learners financing their training using their personal training account, the general conditions of use of the deposit fund are applicable.

In the event of leave for family events as defined by Articles L. 3142-1 and following of the Labor Code, the Learner must inform OpenClassrooms by email with justification of their condition or absence. The OpenClassrooms educational service supports the Learner to consider a suspension or continuation of training.

Any termination of the employment contract must be notified to OpenClassrooms by email at the initiative of the host company or the Learner within 48 hours of the notification of the termination. This termination may lead to an early stop in training.

Any request for a change of path must be submitted and validated in advance by the OpenClassrooms educational services after mandatory consultation with the mentor. Learners who are funded by a third-party funding organization must first submit a request for a change of path to their funding organization. The change of Path will not be effective without an official written agreement from the organization. The request for a change of Path necessarily results in the termination of the ongoing training and requires a new registration in the new training program with new funding. No transfer of funding from one training to another is permitted.

The Learner benefits from the social protection of employees. They must follow the formalities according to the regulations in force. In case of an accident or illness, the Learner must immediately inform their employer and the training organization of their absence in training by email with justification of the absence indicating the duration of the training interruption.

The formalities for declaring the occupational accident or disease to the health insurance fund must be carried out by the employer or the Learner upon receipt of the supporting documents (sick leave certificate) transmitted by the Learner. If the sick leave concerns a training period at the CFA, a copy must also be sent to the CFA within 48 hours of the occurrence of the event.

Concerned about the integration of all its Learners, OpenClassrooms has designated a disability referent. This referent is responsible for monitoring all Learners justifying their disability situation to ensure they can follow their training under the best possible conditions. The referent will ensure the smooth conduct of the employment contract of these Learners.

Learners justifying a disability situation may, upon request and as far as possible, obtain accommodations to allow them to attend mentoring sessions or evaluations using means adapted to their specific disability situation.

The Learner is subject to a general obligation of attendance. Consequently, the Learner must provide regular work throughout their training, including completing the projects they must submit to their mentor.

Thus, the Learner agrees to:

• Reserve and participate in prescribed mentoring, evaluation, or presentation sessions;
• Respond to requests from their OpenClassrooms advisor;
• Validate all projects scheduled during the training period.

In case of absence from a mentoring, evaluation, or presentation session:

• The Learner must notify their mentor more than 24 hours in advance with justification for their absence to reschedule the session within 4 days at the latest. If the Learner fails to notify or informs less than 24 hours before the scheduled session, it will be considered an unexcused absence and this session will not be rescheduled except in exceptional cases submitted for prior authorization by the OpenClassrooms Educational Services.

Justified and authorized absences include:

• A work stoppage issued by a doctor
• A medical examination, a pregnancy declaration
• An official summons by the administration and state services (exams and competitions, appointments in the Prefecture, gendarmerie...)
• An exceptional event classified as leave for family events as defined in the labor code or in the collective agreement of the host company (death, marriage, birth, moving, etc.)
• Any document provided by administrative services or similar (Police, Gendarmerie...)

Any other unjustified absence will be considered an unauthorized absence and subject to penalties. An "unauthorized absence" is any session canceled by the Learner less than 24 hours before the session or a delay of more than 15 minutes during a session.

After two (2) consecutive unauthorized absences, OpenClassrooms may impose a level 1 sanction on the Learner (see Article 5.1 of these Regulations).

Beyond two (2) consecutive unauthorized absences, OpenClassrooms may impose sanctions of levels 2 to 3 in accordance with Article 6.1 of these Regulations.

In the absence of any sign of activity (mentor connections, non-responses to calls, etc.) outside of a known and justified period by the Learner complying with the modalities of these Regulations (sick leave, leave, short-term absences...) for a period exceeding one week and not exceeding 15 calendar days, the OpenClassrooms advisor will contact the Learner to identify the causes of this inactivity or abandonment. Moreover, the Learner is required to inform OpenClassrooms as soon as possible of their intention to abandon the training.

If, despite the support and various measures taken by OpenClassrooms, the Learner does not resume training:

• In the case of abandonment, OpenClassrooms declares the abandonment of the training and informs the employer and the funding organization if applicable.
• In the case of prolonged inactivity: such a lack of response is considered a non-compliance with the provisions of the Regulations and may lead to sanctions that could result in the Learner's exclusion.

When a delay is observed in relation to the estimated duration for completing the training and the schedule for submitting deliverables, it is recommended that the Learner contact their OpenClassrooms advisor. Failing that, the OpenClassrooms advisor will contact the Learner to understand the reasons and establish an action plan.

If, despite the action plan, excessive delay in completing the training is observed, such a delay is considered a non-compliance with these Regulations and may result in sanctions that could lead to the Learner's exclusion. If applicable, the Learner's attendance and feedback from the mentor will be taken into account to assess the appropriateness of any potential sanction.

Similarly, the Learner who presents excessive advance in completing the training will be subject to adjustments to the mentoring sessions and presentations to respect the planned training durations. Nevertheless, and as an exception to the above, it is specified that in the event of early certification (before the estimated end date of the training), only Learners funding their training at their own expense (i.e., excluding third-party funding including the personal training account funding) are eligible for prorated payment based on the time spent in training.

The Learner agrees to respond to requests from their OpenClassrooms advisor, whose mission is to ensure the Learner's success in their training. In case of difficulty in completing the training (unjustified absence, delay, or abandonment due to inactivity), the Learner agrees to accept any success plan from OpenClassrooms' educational team aimed at remedying the situation.

For Learners undertaking their training alternately, the Learner is subject to the internal regulations in effect within the host company as applicable. The Learner is an employee of the host company and is subject to the same rights and obligations as other employees, subject to the provisions in force within the host company.

In general, the Learner is prohibited from infringing upon the intellectual property rights (copyright, neighboring rights, sui generis right of the database producer, trademark rights, domain names...) of OpenClassrooms and/or any third party.

All content accessible on the platform is protected by regulations governing copyright and can only be used under the conditions of the Creative Commons licenses "CC BY-SA 4.0" known as "Attribution - Share Alike 4.0" and "CC BY-NC-SA 4.0" known as "Attribution - Non-Commercial - Share Alike 4.0".

It is therefore strictly forbidden to copy, reproduce, represent, modify, and/or exploit, transfer in any way whatsoever and for any purpose whatsoever all or part of the contents or the educational tool of OpenClassrooms. Furthermore, any reproduction of names or logos by any means without the prior authorization of the concerned holder is prohibited.

During the duration of the training path, the Learner and OpenClassrooms benefit from a personal and non-exclusive right of use over the contents of each party for the needs of their training.

In the event of non-compliance with these provisions, the Director of the Training Organization/CFA or the Disciplinary Council, if applicable, will automatically take over the case and apply a disciplinary sanction that may lead to the exclusion from the training organization. Non-compliance with these prohibitions may also constitute an act of counterfeiting and/or unfair and parasitic competition engaging the civil and/or criminal liability of the Learner.

The Learner is responsible for all content they disseminate under their name, regardless of the medium (digital, paper...).

OpenClassrooms reserves the right to delete any content that violates a legal provision or that may engage its liability in whole or in part.

The content that the Learner publishes may be viewed by other people. Thus, the Learner must only provide content they wish to share with others in compliance with the Regulations, the law, and the commitments they have made, particularly with OpenClassrooms.

Furthermore, the Learner agrees not to publish content that:

• is intentionally false or not updated;
• infringes upon the intellectual property rights of third parties, including OpenClassrooms;
• is discriminatory or incites violence or hatred for reasons of ethnic origin, politics, sexual orientation, etc.;
• includes obscene or pornographic content, etc.;
• infringes upon the integrity and/or security of the OpenClassrooms site or the IT equipment of any third party and notably includes viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer program intended to damage, covertly intercept any computer system, data, or personal data.

The Learner declares they are the sole holder of any intellectual property rights over the content they publish and guarantees OpenClassrooms against any trouble, claim, and eviction whatsoever.

Regardless of the medium or form, the Learner also agrees not to:

• use personal data they may have collected during their training;
• make unreasonable statements (insulting, degrading, threatening...) towards OpenClassrooms, its employees, its interns, its students, mentors, coaches, and their employer;
• harass other users through unwanted communications or display/disseminate illegal information (defamatory, pornographic, racist, etc.);
• harm the image or interests of OpenClassrooms or its partners, clients, and students through the nature of their communications or actions.

The Learner agrees to:

• take all necessary measures (anti-virus...) to ensure the protection of information;
• notify OpenClassrooms, the host company, or the owner of the relevant information as soon as they become aware of any information leak.

OpenClassrooms has implemented security measures to ensure its information systems and the personal data uploaded. The Learner agrees not to seek by any method to undermine the integrity of OpenClassrooms' IT systems, both in the context of teaching and in the context of self-service, and not to take action likely to hinder their proper functioning.

They specifically agree not to modify the working environment of other users and not to attempt to access user spaces other than those assigned to them.

The Learner is prohibited from introducing data or programs likely to disrupt the proper functioning of OpenClassrooms' IT systems and from attempting to intercept communications between users.

The Learner acknowledges being fully aware that data is not protected against any form of intrusion, including hacking. The Learner recognizes that it is impossible to guarantee total security for transmitted data. Consequently, OpenClassrooms cannot be held liable for incidents that may arise from this transmission. It is the Learner's responsibility to implement all useful means to preserve the confidentiality of transmitted data.

Each Learner agrees not to:

• use an account (username) other than the one they have access rights to;
• engage in actions aimed at misleading other users about their identity;
• attempt to appropriate or decipher the passwords of other users; and
• attempt to limit or deny access to authorized users' IT systems.

If they notice a malfunction (identifier, password, suspicious activity on their IT equipment...) or an anomaly in the educational content, they must immediately notify OpenClassrooms, indicating the nature of the anomaly.

The use of content is reserved for educational activities defined by OpenClassrooms. It does not constitute a personal or private space in any case. Each Learner agrees not to carry out operations that could result in:

• interrupting the normal functioning of the network or any of the systems connected to the network;
• accessing another user's information without their consent;
• modifying or destroying the information of any of the systems connected to the network.

All actions performed from the network are tracked and allow for identifying their author. Ensuring the proper use of information systems is the responsibility of the IT department, which can only access messages sent or received by a Learner when a serious risk to the IT systems is identified:

• access messages sent or received by a Learner;
• analyze documents uploaded to the network.

They can take all precautionary measures (system shutdown, removal of access rights, file locking, etc.) to stop resource congestion or freeze a state during problems related to system security.

Relations within OpenClassrooms are based on values and principles whose respect is imposed throughout the training path of Learners: tolerance, mutual assistance, kindness, courtesy, civility, and living together, respect for others in their person and beliefs, protection against any form of verbal, moral, psychological, or physical violence, prevention and combatting against all forms of discrimination, including but not limited to age, sexual orientation, civil status, gender, identity or expression of gender, birth, wealth, belief or life philosophy, religious convictions, political opinions, activities or affiliations, union, mutualist, associative, or military, exercise of an elective mandate, current or future health status, physical or mental disability, loss of autonomy, physical or genetic properties, appearance, family or pregnancy situation, nationality, skin color, ancestry, surname, place of residence, banking address, social origin, national or ethnic particular vulnerability resulting from the apparent or known economic or family situation of its author, true or presumed membership or non-membership in an ethnic group, a nation, or a so-called race, language, ability or inability to express oneself in a language other than one's mother tongue, etc.

By entering training at OpenClassrooms, Learners commit to respecting these values and principles as well as those set out in our Code of Conduct available on the website www.openclassrooms.com and our Good Conduct Charter.

Any behavior and/or statements contrary to these principles and values will immediately lead to the opening of a disciplinary procedure that may result in possible exclusion from training following the decision of the Disciplinary Council and the simultaneous initiation of criminal proceedings if the actions attributed to the Learner are criminally punishable.

The advisory board oversees the organization and functioning of the CFA.

The presidency of the advisory board is held by the director of the CFA or their representative. The advisory board is composed of the following people:

• director of the CFA or their representative
• 1 referent in charge of integrating people with disabilities
• pedagogical director
• director of training success
• 1 person in charge of billing and compliance.

The advisory board examines and discusses questions related to the organization and functioning of the CFA, particularly on:

• The educational project of the CFA;
• The general conditions for welcoming and supporting apprentices, notably apprentices with disabilities, promoting diversity, and national and international mobility;
• The organization and implementation of training;
• The general conditions for the preparation and pedagogical improvement of trainers;
• The organization of relations between the companies hosting apprentices and the center;
• The convention projects to be concluded in application of Articles L. 6232-1 and L. 6233-1 of the Labor Code with educational establishments, training organizations, or companies;
• Investment projects;
• Information published each year in accordance with Article L. 6111-8 of the Labor Code.

Any breach by the Learner of any provisions of these Regulations may lead to a disciplinary procedure.

Only actions that took place within the framework of the training course subscribed to with OpenClassrooms are concerned.

Moreover, breaches observed in the company will be examined and pursued by the employer under the provisions of their own internal regulations, which also applies to the Learner.

A sanction constitutes any measure taken by the Director of the Training Organization or the CFA (or their representatives) or the Disciplinary Council following an action by the Learner deemed faulty (serious or repeated breaches of the obligations of Learners), whether or not this measure threatens the continuity of the training they receive.

Any action considered faulty may, depending on its nature and severity, lead to one of the following sanctions:

• Level 1 sanction: Warning

  This involves an oral warning or an email exchange addressed to the Learner.

• Level 2 sanction: Written Warning

  This involves one or more warnings addressed to the Learner in case of non-compliance with training rules.

• Level 3 sanction: Exclusion

  Two sanctions may be considered:

  • Temporary exclusion: temporary suspension of training for a maximum duration of one (1) month, materialized by the withdrawal of mentoring support for the duration of the exclusion. The month of exclusion is due financially, regardless of the Learner's funding arrangement (personal or third-party funding).
  • Permanent exclusion: immediate and permanent termination of the training to which the Learner is enrolled at the time of the sanction. Costs incurred are not refundable. This termination results in the interruption of access to various collaborative tools as well as mentoring. This exclusion may also include the exclusion from any OpenClassrooms training for 1 year.

Whatever the reason for the sanction, it will be recorded in the Learner's file and will be taken into account by the final certification jury in the framework of its decision to grant or refuse the certification. Sanctions may be accompanied by reparative (non-financial) measures.

The composition of the Disciplinary Council, which varies from meeting to meeting, adheres to the following rules. The Disciplinary Council is composed of at least four people (3 voting members minimum and 1 secretary) among the following people:

• director of the CFA/training organization or their representative, president of the Disciplinary Council
• 1 person representing the pedagogical team
• 1 person in charge of billing and compliance
• 2 people in charge of the success of training
• A Learner representative (advisory only and by invitation of the Learner).

The director of the CFA or the representative of the training organization may convene the Disciplinary Council. Any Disciplinary Council can be held remotely via videoconference.

The Director of the CFA/training organization or their representative may decide alone on immediate sanction or not. If the envisaged sanction is likely to have an immediate or non-immediate impact on the Learner's presence in their training (temporary or permanent exclusion), the Director of the CFA/training organization or their representative will do their best to convene the Disciplinary Council and decide on the sanction within this instance.

Learner's Defense Rights: No sanction can be notified to a Learner without having been informed in advance of the grievances held against them. Any sanction will be written and notified to the concerned party, and in the event that the latter is a minor, to their legal representatives by registered letter with acknowledgment of receipt or delivered by hand to the interested party against a receipt. When a precautionary measure of immediate temporary exclusion is deemed essential by the training organization, no definitive sanction related to the wrongful act leading to this exclusion can be taken without the Learner having been previously informed of the grievances held against them.

In the event of the Disciplinary Council being convened, the Learner or their legal representative, if the Learner is a minor, will receive communication of the grievances held against them eight (8) days before the holding of the said Disciplinary Council.

The Disciplinary Council convenes the Learner, indicating the subject of this convocation. This specifies the date, time, and place of the meeting (connection address if applicable) and the right for the Learner or their representative, if the Learner is a minor, to be assisted by a person of their choice, a Learner or employee of OpenClassrooms. This convocation is written and sent by registered letter with acknowledgment of receipt or delivered by hand to the interested party against a receipt.

The Disciplinary Council indicates the reason for the envisaged sanction and collects the explanations of the Learner.

In the event that the Learner or their representative, as applicable, is absent from the Disciplinary Council convocation, it will still be held unless in cases of force majeure (accident, illness, death of a close relative, direct ascendant or descendant) proven by official document (hospitalization justification, sick leave, death notice).

The Disciplinary Council decides by a majority of votes cast. In case of a tie, the president of the Disciplinary Council has a casting vote.

The decision of the Disciplinary Council resulting in a disciplinary sanction will be communicated to the Learner by registered letter with acknowledgment of receipt no earlier than two days following the meeting of the Disciplinary Council and no later than fifteen (15) days following the interview with the concerned Learner. The decision of the Disciplinary Council is not subject to appeal.

Any disciplinary sanction taken against the Learner will also be communicated to the employer and the funding organization in the case of training being funded.

Learners are expected to behave correctly during mentoring sessions, presentations before mentors, and the jury. It is prohibited to drink alcohol, smoke, use electronic cigarettes, or consume any illegal substances during these sessions under penalty of disciplinary sanctions.

In the event that part of the training followed by the Learner takes place outside of OpenClassrooms' educational tool in a physical establishment or a company with an internal regulation, the hygiene and safety measures applicable to Learners will be those of the said regulation, which will then be communicated to the Learner and to which the latter must comply under penalty of disciplinary sanctions.

The information collected regarding the Learner is subject to personal data processing in compliance with the regulations in force, particularly the amended Data Protection Act No. 78-17 of January 6, 1978, and the Regulation (EU) No. 2016/679 of April 27, 2016 (GDPR). The Learner agrees to consult the Personal Data Protection Policy available at any time on the site.

A copy of these regulations is made available to each intern (before any definitive registration) or given to the intern (before any definitive registration) within the framework of a professional training or apprenticeship contract.