Training Regulations

PREAMBLE

These Regulations set out the rules governing the organisation and operation of, and participation in, the training courses offered by Shaken Academy, as well as the rights and duties of the participants and of the training provider.

They apply to all participants in the training courses organised by Shaken Academy, regardless of whether their registration was made in an individual capacity or through a client entity that contracts the training.

Participation in a training course implies having read and accepted the rules set out in these Regulations, which are supplemented, for each course, by the respective course programme and by the training contract entered into with the participant or with the client entity.

1. SCOPE AND ORGANISATION OF THE TRAINING

1.1 These Regulations apply to all training courses offered by Shaken Academy, which are delivered in person.

1.2 The organisation of the training courses is the responsibility of Shaken Academy, which ensures:

• The definition of the training programme;
• The selection and coordination of the teaching team;
• The provision of suitable teaching resources;
• The logistical organisation of the training courses;
• Compliance with the applicable legal and regulatory requirements.

1.3 Each training course has its own course programme, which sets out the learning objectives, the syllabus content, the number of hours and the total duration, the teaching methodologies, the assessment criteria and instruments and the conditions for certification. Shaken Academy adopts active methodologies, focused on practice and on application to the participants’ professional context.

2. OPERATING CONDITIONS OF THE TRAINING COURSES

2.1 The structure of each training course, namely the modules, the sessions, the practical activities and the assignments to be completed, is set out in the respective course programme, which is communicated to the participants at the start of the course.

2.2 The content, activities and tools may be adjusted in each edition, in line with developments in the available tools and with teaching needs, without prejudice to the objectives and the number of hours defined in the course programme.

2.3 Where the course methodology so provides, participants work individually and in teams formed by the training team, and the composition of the teams may vary over the course of the training.

2.4 Whenever the training course so requires, each participant must bring their own personal laptop computer; this requirement is stated in the course programme and communicated in the information sent before the start of the course.

2.5 Personal equipment is used at the participant’s sole responsibility, and Shaken Academy accepts no liability for any damage to or loss of such equipment that may occur.

2.6 Shaken Academy provides an internet connection on its premises and access to the tools and platforms required for the training course, and no prior configuration of the participant’s computer is required.

2.7 The access to tools provided to the participant is personal and non-transferable, and the participant is responsible for keeping the respective credentials confidential.

2.8 The use of artificial intelligence tools is governed by the terms of use of the respective providers and by the Shaken Academy Privacy and Data Protection Policy.

3. ACCESS CONDITIONS

3.1 The conditions of access to each training course, namely the qualifications, experience or prior knowledge required, which are set out in the respective course programme, are published when registration opens.

3.2 Participants who require specific accessibility conditions in order to attend the training course may inform Shaken Academy of this at the time of registration, so that the adaptations that can be provided may be assessed, and they will not be asked for any information about their state of health.

3.3 The information provided to Shaken Academy under the preceding clause is processed in accordance with the Shaken Academy Privacy and Data Protection Policy.

3.4 Shaken Academy guarantees that access to, participation in and assessment on the training course are not conditioned by discriminatory factors, namely gender or gender identity, ethnic or national origin, religion or belief, age, disability or impairment, sexual orientation or socio-economic situation, and adopts the measures necessary to ensure appropriate accessibility conditions whenever it has been notified of such a need in advance.

4. REGISTRATION

4.1 Registration may be made in an individual capacity, through the Shaken Academy website, or by the client entity that contracts the training course for its employees, under the terms of the agreement entered into with Shaken Academy.

4.2 To formalise individual registration for the training course, it is necessary to:

• Complete the online registration form;
• Enter into the training contract, accepting its conditions and these Regulations;
• Pay the registration fee in full;

4.3 Once the requirements of the preceding clause have been met, Shaken Academy will send each participant, by email, confirmation of their registration, stating the date, time and place of the training.

4.4 The maximum number of participants for each training course is set out in the respective course programme and is published when registration opens.

4.5 The number of places may be lower than anticipated, depending on the venue where the course is held.

4.6 Registration is only considered valid after express confirmation by Shaken Academy under clause 4.3.

4.7 In the event of withdrawal after confirmation, the participant must inform Shaken Academy as soon as possible, so that the place can be allocated to another applicant.

4.8 The dates, venue and price of each edition are published on the Shaken Academy website.

4.9 Questions relating to the registration process should be addressed to the contact details provided on the website referred to in the preceding clause.

4.10 Participants who complete the training course successfully are issued with the corresponding professional training certificate, under the terms and conditions set out in clause 11.5; attendance of the training course does not, for any purpose, confer an academic degree.

5. VENUE

5.1 The training courses are, as a rule, held on Shaken Academy’s premises, the venue of each course being stated in the respective course programme and in Annex II to the training contract.

5.2 Shaken Academy reserves the right to hold the training at other locations within national territory, and sessions may take place on the premises of partners or third parties.

5.3 If the training course is held outside Shaken Academy’s premises, the premises will be assessed in advance, in order to ensure that the space meets the conditions necessary for holding the sessions, without compromising their quality.

5.4 By agreement between Shaken Academy and the client entity, the training may take place on the client entity’s premises, the venue being communicated to the participants before the start of the training sessions.

6. DURATION AND TIMETABLE

6.1 The duration of each training course, the respective number of hours and the timetable are set out in the course programme and, where applicable, in Annex II to the training contract, and are communicated to the participants before the start of the sessions.

6.2 Where the daily duration so justifies, the training includes a lunch break, the meal for which is not included in the price of the training.

6.3 The timetable communicated under clause 6.1 corresponds to the standard timetable of the course, and Shaken Academy may adjust it whenever this proves necessary in light of the specific teaching requirements of each edition.

6.4 Any significant change to the timetable or to the structure of the sessions is communicated to the participants with due notice and, where applicable, to the client entity responsible for the registration.

6.5 The coffee breaks held during the sessions are provided by Shaken Academy.

7. RIGHTS OF THE PARTICIPANT

The participant in the training course is entitled to:

• Attend the training course under the conditions defined in the respective course programme and in these Regulations, taking part in the training activities and receiving the training content in accordance with the methodologies and work processes defined and communicated;
• Receive, clearly and in good time, information about the objectives, content, timetables and certification criteria of the training course, as well as guidance whenever they request it during the training;
• Have access to the documentation and teaching materials relating to the training course, namely the course programme, the respective schedule, supporting texts and/or manuals, and to the tools required to carry out the practical challenges;
• Refuse to carry out activities that do not fall within the subject matter of the training course;
• Benefit from the teaching support of the trainers, including the timely clarification of the doubts and questions they raise;
• Participate actively in the training activities, give their views in the satisfaction questionnaires and be heard in the evaluation process of the training course;
• Receive the professional training certificate, provided that the conditions set out in clause 11.5 are cumulatively met;
• Receive, free of charge, a Certificate of Attendance, if they do not meet the requirements for the issue of the professional training certificate;
• Submit complaints and suggestions concerning any irregularities which, in their view, undermine the objectives of the training, under section 18.

8. DUTIES OF THE PARTICIPANT

8.1 Without prejudice to other obligations, the participant must:

• Attend the training course with regular attendance and punctuality, participating actively and complying with the Schedule communicated;
• Sign the attendance sheet on each day of training;
• Take part in the proposed activities, challenges and assignments with commitment and intellectual honesty;
• Submit all documentation requested for verification of the eligibility conditions no later than 5 (five) working days before the first day of training, so as not to jeopardise the start of the training;
• Pay the amount due for attendance of the training course;
• Behave with tolerance and respect towards the other participants, trainers and Shaken Academy staff, following the guidance of the training team;
• Respect the rights of the other people involved and use appropriate, respectful and non-violent language;
• Refrain from any act that may cause harm or discredit to the training, to Shaken Academy or to another participant;
• Not bring in or consume food and drink in the work areas, consumption being permitted only in the areas designated for that purpose;
• Not bring any dangerous objects into the training course spaces;
• Not consume alcohol, narcotic or psychotropic substances, nor smoke, anywhere in the building, including the surrounding outdoor areas, namely stairs, courtyards, balconies, terraces and pavements;
• Keep their mobile phone on silent mode during the sessions, making calls only outside the training room, so as not to disturb the other participants;
• Not bring animals into the training course spaces, except assistance animals;
• Comply, when the training course takes place on third-party premises, with the specific rules of those premises.
• Use with care and look after the good condition of the equipment, materials and other items entrusted to them, as well as of the premises where the training takes place, being liable for any damage they cause through wilful misconduct or gross negligence;
• Bear the costs of replacing or repairing the equipment and materials supplied by Shaken Academy that they use during the practical training period, whenever the damage caused results from wilful or grossly negligent conduct attributable to the participant;
• Use the tools and access provided exclusively for the purposes of the training course, and not use them to carry out illegal activities or activities that infringe the rights of third parties;
• Not enter, into the artificial intelligence tools used in the course, personal data of third parties or confidential information, namely information belonging to their employer;
• Not reproduce, disclose or share with third parties, during or after the course, the course content, methodologies and materials, which are the property of Shaken Academy, except for personal learning use or with express authorisation;
• Not represent or speak on behalf of Shaken Academy before any media outlet or at any event without its express authorisation;
• Comply with the duties that may be established by Shaken Academy during the training.

8.2 Failure to comply with the duties referred to above, or with others that may be defined by Shaken Academy, may give rise to the application of the measures set out in the following section and in the other applicable provisions of the Contract and the Regulations.

9. BREACH OF THE REGULATIONS BY THE PARTICIPANT

9.1 In the event of breach of these Regulations, Shaken Academy may apply the measures set out in the following clauses, without prejudice to other consequences provided for by law.

9.2 In determining the measures to be applied, Shaken Academy shall take into account, namely, the nature, seriousness and context of the conduct in question, the existence of wilful misconduct or negligence, the impact on third parties or on the premises, and any repetition of the conduct.

9.3 The measures set out in this section do not follow a necessarily progressive order of application, and Shaken Academy may, in more serious situations, immediately decide to apply a more restrictive measure.

9.4 Depending on the seriousness and the specific circumstances of each situation, Shaken Academy may apply, individually or cumulatively, the following measures:

• A reminder or warning;
• Temporary removal from an activity or space;
• Notification of the client entity, in editions contracted by it;
• Temporary restriction of access to certain equipment, spaces or activities;
• Exclusion from the training course, to be communicated to the participant in writing and with reasons given, with no right to a refund or to certification, under the applicable registration conditions or the agreement entered into with the client entity;
• Repair or replacement of material damage, where applicable;
• Calling the emergency services or the competent authorities, whenever the situation so warrants.

9.5 Shaken Academy reserves the right to warn any participant to comply with these Regulations, with a view to ensuring an environment conducive to learning.

10. ATTENDANCE, PUNCTUALITY AND ATTENDANCE RECORDS

10.1 Attendance is recorded on an attendance sheet, which the participant signs individually on each day of training.

10.2 The record referred to in the preceding clause constitutes the documentary evidence of attendance, serves as the basis for the certification decision and is filed in the technical-pedagogical file of the respective edition.

10.3 For the purposes of issuing the professional training certificate, a minimum attendance of 75% of the total number of hours of the course is required, calculated on the basis of the training days recorded on the attendance sheet, unless otherwise provided in the course programme of the respective course.

10.4 Absences must be notified to the training team as far in advance as possible.

10.5 In editions contracted by client entities, participants’ attendance may be communicated to the respective client entity.

10.6 A participant who does not reach the attendance threshold referred to in clause 10.3 is not eligible for the issue of the professional training certificate, without prejudice to the issue of a Certificate of Attendance under clause 11.7.

10.7 Sessions missed by the participant cannot be made up on another date, although Shaken Academy may, where possible, offer the participant attendance of a future edition, under the applicable registration conditions.

11. ASSESSMENT AND CERTIFICATION

11.1 The assessment of learning aims to measure the degree to which participants have acquired knowledge and skills, and may include participation and engagement in the training activities, the completion of exercises, practical challenges or assignments, knowledge tests or examinations, and individual or group projects.

11.2 The assessment criteria and instruments, as well as the weightings assigned to each component, are defined in the course programme of each training course and communicated to the participants at its start.

11.3 At the end of each day of training, participants are invited to complete a satisfaction questionnaire and, at the close of the training course, a final questionnaire, the results of which are used for the continuous improvement of the quality of the training.

11.4 The trainers support the participants throughout the proposed challenges, providing feedback on the work carried out. The results or comments generated by artificial intelligence tools, when requested by the participant, are not used by Shaken Academy for the purposes of assessing that participant.

11.5 The professional training certificate is issued to participants who complete the training course successfully, which requires cumulative compliance with the following requirements:

1. the minimum attendance required under clause 10.3;
2. a pass in the assessment components defined in the course programme of the respective training course.

11.6 Where the training course is delivered under Shaken Academy’s certification as a training provider, the certificate is issued and registered through the Education and Training Offer Information and Management System (Sistema de Informação e Gestão da Oferta Educativa e Formativa — SIGO), under Ordinance No. 474/2010 of 8 July, and it is through that platform that the participant may obtain duplicate copies of the certificate.

11.7 For participants who do not meet the requirements set out in clause 11.5, Shaken Academy may, at their request, issue a Certificate of Attendance, stating the number of hours actually attended.

12. SHAKEN ACADEMY’S COMMITMENT

12.1 Shaken Academy undertakes to:

• Deliver the training course with diligence and competence, in accordance with the objectives and structure defined in the course programme of the respective course and with the provisions of these Regulations;
• Provide a safe environment conducive to learning;
• Make available the access, materials and resources necessary for participation in the training course;
• Ensure the appropriate selection and training of participants;
• Issue the professional training certificate to participants who complete the training course successfully or, where applicable, the attendance certificate, in accordance with the terms of these Regulations;
• Organise and keep the technical-pedagogical file of each edition for a minimum period of 5 (five) years from the date on which it took place, in line with the DGERT recommendation to certified training providers, this period being extended until the conclusion of any monitoring, audit or renewal process concerning Shaken Academy’s certification;
• Guarantee equal opportunities and non-discrimination in access, participation and assessment, under section 3.

13. NOTICES AND COMMUNICATIONS

13.1 Communications between Shaken Academy and the participants are made by email and through the other official channels of the training course, namely for sending instructions, materials, certificates and information about the training course.

13.2 In editions contracted by client entities, Shaken Academy may communicate with the contact person designated by the client entity on operational aspects of the edition, namely attendance and the issue of certificates.

13.3 Any change in the participant’s contact details that may affect communication with Shaken Academy, including a change of email address or telephone number, must be communicated as soon as possible.

14. CHANGE, POSTPONEMENT OR CANCELLATION OF EDITIONS

14.1 Shaken Academy reserves the right to postpone or cancel an edition when the minimum conditions necessary for it to take place are not met, namely due to an insufficient number of participants, unavailability of the trainer or force majeure.

14.2 In such situations, the participants are informed as soon as possible and, whenever feasible, at least 48 hours before the scheduled start date.

14.3 In the event of postponement or cancellation at Shaken Academy’s initiative, the edition will be rescheduled to a new date, to be agreed with the participants, or the amounts paid will be refunded in full, where applicable.

14.4 In editions contracted by client entities, rescheduling and cancellation are governed by the services agreement entered into between both Parties.

15. INTELLECTUAL PROPERTY

15.1 All content, methodologies, challenges, videos, materials and design of the training course are the property of Shaken Academy or of third parties that have authorised it to use them, and the participant is limited to a personal and non-transferable right of use for learning purposes.

15.2 Without prejudice to the preceding clause, for the duration of the training course, Shaken Academy grants the participant a non-exclusive and limited licence for internal consultation of the materials made available to participants.

16. PRIVACY, PERSONAL DATA PROTECTION AND USE OF IMAGE

16.1 Shaken Academy processes the participants’ personal data as data controller, including in editions contracted by client entities, within the limits permitted by law, namely the lawful bases set out in Article 6 of the GDPR.

16.2 The processing of personal data is governed by the Shaken Academy Privacy and Data Protection Policy, available on its website.

16.3 Shaken Academy only collects and uses the participant’s image with their authorisation, under Article 79 of the Civil Code.

16.4 The granting of image rights is governed by the Shaken Academy Image Rights Policy, and refusal to grant them does not affect participation in the training course.

16.5 The Shaken Academy premises where the training course takes place are subject to video surveillance, for the sole purpose of protecting people and property, and the system is signposted in the areas covered, in accordance with the applicable legislation.

16.6 The images are kept for a maximum period of 30 days, under Article 31(2) of Law No. 34/2013 of 16 May, and are accessed only by persons expressly authorised for that purpose or by the competent authorities, in the cases provided for by law.

16.7 The processing of images for the purpose referred to in this section is described in the Shaken Academy Privacy and Data Protection Policy.

16.8 When the training course takes place on third-party premises, any video surveillance systems existing there are the responsibility of the entity that holds those premises.

17. EMERGENCY SITUATIONS AND PERSONAL ACCIDENT INSURANCE

17.1 In the event of sudden illness, accident, feeling unwell or any other situation that may endanger the health or safety of the participant during the training course sessions, Shaken Academy will adopt the measures it considers appropriate to the situation, and will contact, if necessary, the emergency services, namely medical services, the security forces and the fire brigade.

17.2 Whenever a situation occurring during the training course may pose a risk to the safety of the participant or of third parties, Shaken Academy may also contact the competent authorities, providing them with the information necessary to manage the situation.

17.3 The participant undertakes to keep their contact details up to date, so that they can be contacted if necessary.

17.4 Shaken Academy maintains in force, throughout the entire period of the training course, a personal accident insurance policy covering the participants against the risks arising from their participation in the training activities, under the terms and within the limits set out in its general and specific conditions. The policy identification details are set out in Annex II to the training contract for the respective edition and are communicated to the participant at their request.

17.5 In the event of an accident occurring in the course of attending the training course, the participant must report it to Shaken Academy as soon as possible and in any case no later than 8 (eight) days after it occurs, failing which the respective cover may be compromised.

17.6 Shaken Academy accepts no liability for damage or losses exceeding the limits and conditions of cover established in the policy, nor for situations excluded from its scope.

18. COMPLAINTS AND SUGGESTIONS

18.1 A participant who wishes to submit a complaint, suggestion or comment about the training course may do so through the contact details provided on the Shaken Academy website or through the Complaints Book (Livro de Reclamações), available in electronic format on the same website.

18.2 A complaint submitted through the Electronic Complaints Book is automatically forwarded to the authority responsible for supervising compliance with the Complaints Book regime.

18.3 Shaken Academy responds to the participant within a maximum of 15 (fifteen) working days from the date of the complaint, informing them, where applicable, of the measures adopted as a result, and must communicate that response to the competent authority within the same period.

19. AMENDMENTS TO THE REGULATIONS

19.1 Shaken Academy reserves the right to amend or update these Regulations at any time.

19.2 Amendments take effect from the date of their publication on the Shaken Academy website, and do not apply to editions already under way, except where they result from a legal requirement.

19.3 The version in force, stating the date of the last update, is permanently available on the Shaken Academy website.