General terms of use
for the learning management system
ILIAS at https://ilias.academy.wilkon.de
(in the following "ILIAS" or
"platform")
Date: October, 12, 2020
The wilkon Akademie GmbH & Co. KG, Ulmenstra 52d,
90443 Nuremberg, Germany, VAT No.: DE294501291, Commercial Register: District
Court Nuremberg HRA 16787, Managing Director: Markus Endres, personally liable
partner: wilkon Akademie Verwaltungs GmbH, HRB30360, hereinafter
"wilkon", operates the Learning Management System ILIAS to provide
digital learning offers for our private and business customers as well as for
wilkon's own employees and to make them accessible via a uniform platform.
These General Terms of Use govern the use of ILIAS.
1
Scope of application
The general terms of use for ILIAS apply to everyone who
uses ILIAS as an authorized user in the sense of 2 of the general terms of use.
2 Right of use
(1) All users who have received direct access data or
self-registration information from wilkon are entitled to use the service. This
includes participants in classroom courses, which are enriched with digital
teaching materials, users of our pure online learning offerings, participants
in certification exams and trainers/lecturers/tutors of wilkon Akademie GmbH
& Co. KG. In addition, persons who belong to institutions with which
cooperation agreements for the use of ILIAS have been concluded are also
entitled to use ILIAS.
(2) As a rule the use of ILIAS for the above mentioned
user groups is limited in time. The beginning and end of the period of use is
determined by framework agreements or the course offers or certification tests
that have been purchased via an individual offer or our web store at
https://shop.academy.wilkon.de.
(3) If these course offers or certification tests were
not purchased by the users themselves, but by third parties, e.g. by the
respective employer or an educational institution, the users themselves are
responsible for obtaining information about the beginning and end of the period
of use. Either these deadlines are specified in the course offers booked in
each case or the users can inform themselves about them by e-mail at
academy@wilkon.de or by calling our course hotline.
(4) Apart from the user fees agreed in any framework
agreements or the prices for individual course offers or certification tests
which entitle the user to use ILIAS, the use of ILIAS itself is free of charge.
3 Registration
(1) The use of ILIAS requires a corresponding
registration. There are different ways to do this:
If
individual course offers or certification tests are booked via our online store
at https://shop.academy.wilkon.de which entitle the customer to use ILIAS, our
customers will receive a registration key and a link to the ILIAS registration
page by e-mail after the booking has been completed and verified. There the
participants can register themselves. If the corresponding registration key is
entered during registration the corresponding learning and certification offers
can be activated automatically.
For
certain offers all access data will be created by the wilkon course hotline and
sent to the users in the context of face-to-face courses or their employers. In
this case these terms of use must be confirmed after the first ILIAS
registration.
(2) All data provided during registration or login must
be correct and complete.
(3) All access data, in particular user name and password
must be kept secret. The users have to ensure that third parties do not gain
knowledge of the password. If Users suspect that unauthorized third parties
have gained access to their access data, they must inform wilkon course hotline
as soon as possible. The password should also be changed as soon as possible.
4 Data
protection
(1) The responsible person in terms of the EU Data
Protection Basic Regulation (DSGVO) and other national data protection laws of
the member states as well as other data protection regulations:
wilkon
Akademie GmbH & Co. KG
Ulmenstra
52d
90443
Nnberg
Deutschland
e-mail:
academy@wilkon.de
internet:
www.academy.wilkon.de
phone:
+49 911 6004458-0
fax: +49 911 6004458-99
Seat of the wilkon Akademie GmbH & Co. KG:
D-90443 Nuremberg
Local court Nuremberg, HRA16787
Legal form: GmbH & Co. KG
(2) As a matter of principle we only collect and use personal
data of our users as far as this is necessary for the provision of ILIAS and
the educational and certification offers provided by ILIAS. This is done in
order to carry out the task assigned to us (provision of teaching and
certification services) according to Art. 6 para. 1 DSGVO. Insofar as we obtain
consent for the processing of personal data, Art. 6 para. 1 DSGVO serves as the
legal basis.
(3) When using ILIAS the following personal data is
collected
- connection data: (e.g. IP address, browser
type, date and time of access)
- access data: Username, password in
encrypted form,
- personal data: Salutation, Title, first
name, last name, date of birth
- further contact
information:
Company/institution, department, postal address, telephone and fax, email
address
- certification results: When conducting
certification tests in ILIAS the test results and information about the test
procedure (test start, test end, possible test interruptions) are stored to ensure
a smooth certification process. All acquired certifications and the performance
data (achieved points / overall mark) are stored in ILIAS for the entire
validity period of the respective certificate. This is because already acquired
certifications are usually a prerequisite for admission to further
certification exams based on them. Furthermore, already acquired certifications
are a prerequisite for participation in recertification programs after the
expiration of the validity period of the original certificate.
- Completed courses Content
data:
(e.g. uploaded files, forum posts, tests)
(4) The temporary storage of connection data, especially
the IP address, by the system is necessary to enable the delivery of ILIAS and
the course and certification offers offered on it to the user's computer. For
this purpose the user's IP address must be stored for the duration of the
session. Legal basis for the temporary storage of data is Art. 6 para. 1 DSGVO.
The data (connection data) is also stored in log files. The data serves to
optimize the website and the security of our information technology systems.
The data will be deleted as soon as they are no longer required for the purpose
of their collection. In the case of data collection for the provision of ILIAS
this is the case when the respective session is finished. The data in the log
files are deleted after 7 days.
(5) Within the scope of the initial registration
information about the processing of the above mentioned data will be provided.
The legal basis for the processing of the data is Art. 6 para. 1 DSGVO.
(6) The registration of the user is required for the
provision of the contents and functions of ILIAS for the purpose of providing
teaching, learning and certification services.
(7) The data will be deleted when the user account is
deleted. Users can have their user account deleted at any time. For this
purpose an informal email to the wilkon course hotline at academy@wilkon.de is
sufficient. Users can also have their access data corrected at any time. Also
for this an informal E-Mail is sufficient to the wilkon course hotline under
academy@wilkon.de. A notification about this to other users/inside does not
take place.
(8) The access to content data is logged in the ILIAS
database or in log files, e.g. at what time which users access which parts of
the course and certification offer or profiles of other users. Depending on the
structure of the individual courses it will also be logged whether the
participants have completed tasks, whether and which contributions they have
made in forums, whether and how they have contributed to wikis. The logs are
only accessible to the ILIAS administration team. These data are used
exclusively for the implementation of the respective learning or certification
offer as well as for the technical and user-friendly optimization of ILIAS.
They will not be passed on to other employees or third parties. No data will be
passed on to other employees or third parties. Corresponding data in log files
will be deleted after 180 days.
(9) ILIAS uses so-called cookies. Cookies are small text
files which are stored on your computer by your browser. The cookies used by
ILIAS are so-called "session cookies". They are automatically deleted
at the end of your ILIAS session. Other cookies remain stored on your terminal
until you delete them. These cookies make it possible, for example, to
recognise your browser on your next visit. The legal basis for the processing
of personal data using cookies is Art. 6 para. 1 DSGVO. You can configure your
browser in such a way that you are informed about the saving of cookies or that
you exclude the saving of cookies for certain pages or in general. You can also
activate the automatic deletion of cookies when you close the browser. When
deactivating cookies the function of ILIAS may be restricted.
10) What rights do you have?
a)
Right
of information
You have the right to obtain information about your
stored data free of charge. Upon request, we will inform you in writing in
accordance with applicable law which of your personal data we have stored. This
also includes the origin and recipients of your data as well as the purpose of
the data processing.
b)
Right
to correction
You have the right to have your data stored with us
corrected if it is incorrect. In doing so, you can demand a limitation of the
processing, e.g. if you dispute the correctness of your personal data.
c)
Right
to block
Furthermore, you can have your data blocked. In order
that a blockage of your data can be considered at any time, this data must be
kept in a block file for control purposes.
d)
Right
to deletion
You can also request the deletion of your personal data,
as long as there is no legal obligation to keep records. If such an obligation
exists, we will block your data upon request. If the relevant legal
requirements are met, we will delete your personal data even without a
corresponding request on your part.
e)
Right
to data transferability
You have the right to request that we provide the
personal information you provide to us in a format that allows it to be
transferred to another entity.
f)
Right
of appeal to a supervisory authority
You have the option of lodging a complaint with one of
the data protection authorities.
Bavarian State Office for Data Protection Supervision
(BayLDA)
Promenade 27, D-91522 Ansbach
Phone: +49 981 53-1300
Fax: +49 981 53-981300
You can open the complaint form of the Bavarian State
Office for Data Protection Supervision via the following link:
https://www.lda.bayern.de/de/beschwerde.html
g)
Right
of objection
You have the possibility to revoke the use of your data
for internal purposes at any time with effect for the future. To do so, simply
send an e-mail to datenschutz@wilkon.de. However, such a revocation does not
affect the legality of the processing operations carried out by us up to that
point. This does not affect the data processing with regard to all other legal
bases, such as the initiation of contracts (see above).
5 Personal
Information when participating in certification testing under the Synology
Intensive Trainings
(1) Users who participate in certification testing under
the Synology Intensive Trainings Program agree by participating in
certification testing to certain specifics regarding the storage and disclosure
of personal information that are necessary to properly fulfill obligations
under the Synology Intensive Trainings. These are described below:
(2) In order to determine whether Users are generally
eligible to participate in the applicable certification tests, such information
may be submitted to Synology GmbH in advance of the tests in the context of
case-by-case reviews.
(3) After the test has been completed, the test results
will always also be transmitted to Synology GmbH in Dseldorf, Germany, as the
initiator of the certification program.
(4) In addition to the test results, personal data and
contact information as set forth in the preceding paragraph will always be
transmitted to Synology GmbH so that a correct assignment of the relevant test
services to the partner company can be made there.
(5) In order to counteract the unlawful distribution of
questions from the question pools, in individual cases, questions that were
processed during participation in the certification test may also be stored
during the validity period of the certification test.
6 Duties of the
users
(1) ILIAS is available to users exclusively for the
purpose of learning and teaching and for the participation in certification
tests. Any other use, especially for business, commercial or private purposes,
is not permitted.
(2) The passing on of email addresses of other users
registered in the system is not permitted.
(3) Contact between wilkon and users is handled
exclusively via the e-mail account stored in the system. Users must ensure that
they can be reached via this account.
(4) Each user is obliged to comply with all legal
provisions, in particular the provisions of copyright law and data protection.
(5) Each user is responsible for ensuring that the
materials posted by him/her do not violate the rights of third parties and do
not violate any other legal regulations, in particular copyright, competition
or data protection regulations. It is not allowed to exchange, use or
distribute copyrighted material via ILIAS if the legal requirements are not
met. Before setting links, the linked contents must be checked for legal
violations. It is not allowed to link to illegal sites, especially those with
extremist, inciting or insulting content.
(6) The provisions of paragraph 6 also apply to
statements made in the context of communication functions.
7 Improper use
(1) The user must refrain from any kind of improper use
of ILIAS according to 6 of these terms of use. He/she is obliged to work
exclusively with login data which he/she has been allowed to use. The passing
on of login data and passwords is prohibited. The user must take precautions to
prevent unauthorized third parties from gaining access to ILIAS.
(2) An abusive use is in particular given if the LMS
a)
data
are modified, deleted, suppressed or made unusable without authorization
b)
material
of unconstitutional organizations or unconstitutional, in particular racist,
ideas is disseminated,
c)
Pornography
is distributed,
d)
offences
against personal honour, in particular insult or defamation, are committed
e)
or
otherwise violates statutory provisions (e.g. Criminal Code, Youth Protection
Act, Data Protection Act, Copyright Act, Trademark Act) or wilkon's internal
regulations, in particular these General Terms of Use,
f)
the
reputation of wilkon is damaged or the use is contrary to the interests of
wilkon.
(3) wilkon reserves the right to randomly check the
content of provided materials. Content that violates applicable law may be
removed by wilkon without notice.
8 Exclusion
from use
(1) Users who violate these terms of use can be excluded
from the use of ILIAS temporarily or permanently.
(2) Paragraph 1 applies analogously in the event that
wilkon has reasonable suspicion of a systematic infiltration of internal
security measures (e.g. e-mail abuse, inclusion of harmful components such as
viruses, worms, Trojan horses etc.).
(3) wilkon reserves the right, in the interests of
economic administration of the system, to delete without further notice the
right of use of users who have not registered with ILIAS within the past twelve
months.
9 Liability
(1) Claims for damages by the contractual partner or the
user are excluded.
(2) Excluded from this are claims for damages arising
from injury to life, limb or health or from the breach of essential contractual
obligations (cardinal obligations) as well as liability for other damages based
on an intentional or grossly negligent breach of duty by wilkon.academy, its
legal representatives or vicarious agents.
(3) Material contractual obligations are those whose
fulfillment is necessary to achieve the goal of the contract. In the event of a
breach of material contractual obligations, wilkon shall only be liable for
foreseeable damage typical of the contract if such damage was caused by simple
negligence, unless the user or contractual partner has a claim for damages
arising from injury to life, body or health.
(4) The restrictions of paragraphs 2 and 3 also apply in
favour of wilkon's legal representatives and vicarious agents if claims are
made directly against them.
10 Final
provisions
(1) German law applies.
(2) All agreements going beyond these terms of use must
be made in writing.
(3) Should any provision of these Terms of Use be
invalid, the remaining provisions shall remain valid. Instead of the
ineffective provision, the relevant statutory provisions shall apply.
(4) If the Customer is a merchant, a legal entity under
public law or a special fund under public law, the place of performance and
exclusive place of jurisdiction for all disputes arising from the contractual
relationship shall be Nuremberg.
(5) These Terms of Use will be displayed to you upon
registration or upon your first login to https://ilias.academy.wilkon.de and
you will be asked to confirm these Terms of Use. This also applies to any
changes to these Terms of Use.
(6) You can view the Terms of Use at any time at
https://ilias.academy.wilkon.de and print them out if required. Please keep the
documents in a safe place. For organizational reasons, it is unfortunately not
possible for us to send you the Terms of Use at a later date.
(7) The European Union has set up an online platform
("ODR Platform") for the extrajudicial settlement of consumer
disputes. You can find the platform at: http://ec.europa.eu/consumers/odr/
We are not obliged and generally not willing to
participate in dispute settlement proceedings before a consumer arbitration
board.