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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.

 

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