CONDITIONS OF USE
AND ADDITIONAL INFORMATION RELATING TO THE VDZ E-LEARNING PLATFORM
The VDZ Technology gGmbH (hereinafter referred to as “VDZ”) offers companies in the cement industry (hereinafter referred to as “the Client”) and their employees (hereinafter referred to as “the Participant”) paid access to an online continuing training programme (hereinafter referred to as “the VDZ platform”), as well as related services, in accordance with the following conditions of use:
§ 1 What VDZ offers
1.1. VDZ provides paid access to a web-based multimedia continuing training programme. Participants are given access to online courses and teaching materials, videos, animations and checks on their learning, as well as the opportunity to discuss specific issues with other Participants via forums and chatrooms.
1.2. The Client will acquire from VDZ licences for access to the individual courses that go to make up this online continuing training programme. VDZ will grant these licences either as individual licences for particular online courses or as overall licences for the entire training programme. Access to the online courses and the information on the Internet platform will be controlled via transaction numbers (TANs). As a general principle, it is possible to access the online courses using a valid e-mail address (for registration with the system) and a TAN (for access to the online courses).
§ 2 Conclusion of the Contract
2.1. Participants can subscribe directly with VDZ. The Contract will only come into being upon the issuing of our written order confirmation and in accordance with its content, or upon acceptance of the service by the Client. We do not issue an order confirmation for enrolments with a value of up to 1,000 EURO net. In such cases, the order will be deemed accepted if we have not rejected it in writing within 10 working days after it has been received.
2.2. n order to be valid, additions, changes and ancillary agreements must be confirmed by us in writing. This will also apply to the cancellation of this written form requirement.
2.3. § 2.2. will not apply unless the value of changes to the order exceeds 1,000 EUR net.
§ 3 Services
3.1. VDZ will supply to the Participant the course that has been purchased on the VDZ platform for the period of time shown in the course overview and the Participant’s online shopping basket. The Participant will be shown how much longer the courses they have purchased will last. After that period of time has elapsed, the Participant will have no further access to the course in question. However, they will still be able to log on to the VDZ platform.
3.2. Courses will be provided by VDZ both with and without tutors. VDZ will supply courses with both self-assessment tests and exercises that have to marked by the tutor. At the end of a course, depending on its structure, the Participant will be able to take a final test and/or a final written examination that the tutor will check and mark.
3.3. For purposes of collaborative learning, VDZ will provide the Participant with chatrooms, instant messaging and forums. The content of the chatrooms and instant messages will be deleted at regular intervals.
3.4. When the Participant has successfully completed a final test and/or examination, they can print off a certificate. This certificate will bear the forename and surname that the Participant entered in the “My data/Your user profile” field.
3.5. VDZ will charge for any further services that are bought on a time and material basis, using its scale of charges.
§ 4 Duties to cooperate
4.1. The issuing of a TAN will grant access to information that is specific to the Client and the Participant (e.g. bespoke courses for particular companies). The Client must ensure that the TAN is only used by the persons who are authorised to use it.
4.2. The TAN must be used by the Participant during the period of time stated; otherwise it will cease to be valid. Unless stated otherwise, a TAN can only be redeemed once. A TAN that has been redeemed cannot be transferred, and no refund can be paid for it.
4.3. The Client must ensure that the Participant is informed about the security aspects of platform use (e.g. the security of passwords). It must also ensure that VDZ is notified of participants who have had access to the online courses and who leave the Client’s company.
4.4. The Client undertakes to ensure that Participants treat the passwords they have been given as confidential. If it comes to light that a particular password has been misused, VDZ will be entitled to block that password and, with it, access to the VDZ platform.
4.5. Access to the VDZ platform must be granted to each Participant separately. It is not permissible for data giving access to the platform to be disclosed, or for access to be acquired by more than one person (e.g. general access for site XY).
4.6 The Client undertakes to guarantee compliance with the provisions of data protection law. If the Client deploys a tutor from within the company, it must ensure that this tutor complies with the provisions of data protection law. The tutor must be similarly obligated.
4.7. If the Client does not cooperate or does not cooperate as contractually agreed, VDZ will be entitled to invoice it for the extra costs incurred thereby. We expressly reserve the right to assert statutory rights in excess of the amount in question.
§ 5 Use
5.1. The technical prerequisites for use (appropriate hardware and software, telecommunications equipment and an internet service provider) must be supplied by the Client at its own expense.
5.2. If VDZ recommends that the Client use specific hardware or software, such recommendations will not imply any warranty or guarantee as to its operational fitness.
5.3. Each time the Participant uses the e-learning service, they must first enter their pseudonym and password on the relevant page of the VDZ platform.
5.4. A Participant who has registered can avail themselves of the content supplied on the VDZ platform for their own personal use. The Participant cannot pass on printed or electronic copies of that content to unauthorised third parties.
5.5. In the chatrooms, instant messaging and forums that are provided, the Participant undertakes not to make any insulting, obscene or racist comments, or comments that are otherwise unethical or that violate currently applicable legislation, to other Participants. VDZ will remove chatroom, instant messaging or forum content as it sees fit or if asked to do so by users, if said content is injurious or offensive or breaches the platform’s conditions of use. The Participant undertakes not to divulge any trade secrets concerning the communication functions.
5.6. The Participant also undertakes not to use e-mail addresses or other data relating to other Participants for commercial purposes or disclose them to unauthorised third parties.
5.7. The Client will notify the Participant of the conditions of use mentioned above.
§ 6 Prices and payment conditions
6.1. VDZ will invoice for the services it provides via its platform at the prices agreed with the Client and, in accordance with the expenses incurred by VDZ at the rates usual at the time of placement of order. Statutory VAT at the currently applicable rate will be added to our prices.
6.2. The Client and/or Participant will, themselves, bear the telecommunications and Internet costs that they incur.
6.3. Unless explicitly otherwise agreed, payment will be due upon receipt of the invoice and must to be made net (without deductions) within 30 days from the invoice date.
§ 7 Liability
7.1. Users will avail themselves of the VDZ platform and its content at their own risk. VDZ does not guarantee that the program functions will meet the Participant’s requirements or can be integrated into the selection they have made.
7.2. VDZ will endeavour to maintain full technical operational readiness, but cannot guarantee it. The VDZ platform will be available to use for at least 20 hours every day. The VDZ platform will be removed from the Internet at regular intervals – the start page will show precisely when – for reasons of data security and updates. In exceptional cases – e.g. for the purpose of removing serious errors or installing updates – it is also possible that the system’s operation will be interrupted at other times. VDZ will endeavour to give prior notice of such exceptional interruptions. These restrictions as to the use of the VDZ platform that have been mentioned will not constitute a reduction in services, but will form a constituent part of normal use.
7.3. VDZ does not guarantee that the information that is available on the platform is up-to-date, correct or complete. VDZ will not be liable for course content or the work documents that accompany the courses except in instances of deliberate or grossly negligent fault on the part of VDZ or one of its vicarious agents.
7.4. Liability for damage caused by technical malfunctions is excluded. Other damage claims – with the exception of damage claims for injury to life, bodily injury or injury to health or the breach of essential contractual rights and duties (so-called cardinal duties) – are excluded to the extent that they are not caused by intent or gross negligence committed by VDZ or its legal representatives or vicarious agents.
7.5. Notwithstanding careful monitoring of the content, VDZ will not accept any liability for the content of external links. The operators of the links displayed on its site will be solely responsible for their content.
§ 8 Copyright
The platform contains material that is protected by copyright. It is not permissible to reproduce it or pass it on without VDZ’s prior consent.
§ 9 Miscellaneous
9.1. Should individual provisions of the above conditions or parts of them be ineffective, the effectiveness of the other provisions will not be impaired thereby. An ineffective provision in these conditions will be replaced by the effective provision that corresponds most closely to the ineffective provision as to its commercial outcome. The same will apply to any omissions that exist in the provisions.
9.2. It is agreed that the place of jurisdiction and fulfilment in relation to parties who are business persons will be Düsseldorf.
9.3. For traders, in addition to these conditions of use, the currently applicable version of VDZ’s General Terms and Conditions will apply; it can be found at: http://www.vdz-online.de/en/services/
Consent to the collection, storage and use of personal data
When collecting, storing and using personal data, VDZ complies with the provisions of currently applicable data protection law. VDZ will only collect, store and use inventory data, i.e. the name, e-mail address, pseudonym and password and other data that you have voluntarily entered into your personal profile, insofar as this is required for the establishment, substantive configuration and altering of the contractual relationship. Moreover, VDZ will only collect, store and use data relating to use, i.e. identification features and information about the start and ending of the period of use and its scope, as well as data relating to content, in order to enable VDZ’s e-learning courses to be accessed and charged for.
Over and above the collection, storage and use of my personal data by the operator of the www.elearning-vdz.de e-learning platform (hereinafter referred to as “the platform”), i.e. VDZ Verein Deutscher Zementwerke e.V., Tannenstrasse 2, 40476 Düsseldorf (hereinafter referred to as “VDZ”) in the scope permitted by legislation as mentioned above, I consent to and understand that
- the pseudonym entered by me when I registered, any image files I have voluntarily uploaded onto the e-learning platform, www.elearning-vdz.de, and my contributions to forums and chatrooms, will be accessible to and can be seen by all platform users. I understand that it will still be possible to see my contributions after the contractual period has ended.
- the administrators at VDZ will evaluate the inventory data and the data relating to use and content in an anonymous form from a statistical standpoint, in order to optimise and further develop the platform and the applications that are supplied. No information can be obtained about the way I conduct my studies from the statistical analysis of these anonymous data.
- VDZ will collect data relating to use, i.e. data relating to achievements in terms of the learning outcomes and the exercises and tests that have been completed, and store them for the duration of the contractual relationship. This is necessary in order for the e-learning courses as a whole to be geared to user requirements, and for courses and learning outcomes that are based thereon to be produced, and for the results of final tests that are based on each other to be recorded.
- inventory data, as well as anonymous data relating to use and content, will be transferred to a tutor who is not employed by VDZ in order to ensure that the user’s learning experience is the best it can be.
I will be entitled to revoke this consent at any time with effect for the future in full or in part by sending an e-mail to that end to email@example.com, or a letter to VDZ gGmbH, Tannenstrasse 2, 40476 Düsseldorf.
So that the platform can be developed according to requirements, VDZ will set up use profiles based on the personal data that have been saved. These use profiles will not be combined with the data relating to the holder of the pseudonym. I understand that I can raise an objection to the setting up of a use profile with the data protection officer at VDZ.
I understand that I can revoke the content of my consent declaration at any time, by visiting www.elearning-vdz.de.
As at: January 2012
Information about data protection law relating to the e-learning portal, www.elearning-vdz.de
The operator and data controller, as understood in the provisions of data protection law, is:
Tannenstraße 2, 40476 Düsseldorf
The VDZ gGmbH (hereinafter referred to as “VDZ”) operates an e-learning platform for the cement industry, called www.elearning-vdz.de (hereinafter referred to as “the VDZ platform”). This VDZ platform provides high-quality courses designed to enable employees to gain professional qualifications. VDZ takes the protection of your personal data very seriously, and we comply strictly with the rules laid down by data protection legislation. Personal data are collected via our VDZ platform solely to the extent that is required for technical and didactic purposes. Under no circumstances will data that have been collected be sold or passed on to third parties without authorisation. The Declaration below serves to give you an overview of the ways in which we guarantee such protection, the kind of data that are collected and the reasons for this.
Data collected and stored by VDZ
On behalf of VDZ, W3L GmbH, the creator of the VDZ platform, collects the personal data that are required for the execution of the contract, the provision of the services via www.elearning-vdz.de and the proper functioning of the VDZ platform:
- Inventory data: The VDZ platform will store the following data that you have entered: Forename and surname and e-mail address, and the password and the pseudonym that you have chosen. You can also add other personal data, such as your home address and telephone number, to your personal profile. These inventory data will be deleted when the contractual relationship ends.
- Data relating to use and content: If you are registered as a user, each time you access the VDZ platform, the length of time you have studied, on average, and all your achievements in terms of the relevant units, for example, the exercises and tests you have completed, will be recorded and credited to your user account. These data will be displayed in your user account. The contributions you make to chatrooms and forums via the Communications Centre and using the instant messenger will also be stored, together with any messages you send to the author of the study course you are working on, or your tutor. When tests and exercises have been completed, automatically generated e-mails will be sent to the participants concerned (e.g. the tutor) via the VDZ platform.
- The technical information that your browser has transferred will be stored in the system’s server log files. This information will include the access times and your user ID, IP address and browser type, as well as the files you have accessed. Some of these data will be deleted as soon as the period of access ends, but they will otherwise be deleted when the contract ends. The data that are required for invoicing in relation to the contractual relationship will not be deleted.
- If you use the Communications Centre, other participants will be able to see your pseudonym and, if you have uploaded an image file, they will be able to see that, too. Any contributions you have made to chatrooms and forums will be deleted at regular intervals, and so it will be possible for other participants to see them up until then, and also after you have ceased to be active as a participant.
- When the VDZ platform is used, cookies (small text files that are input into your computer and stored by your browser) will be stored locally on the computer in question. Most of the cookies that are used are what are termed “session cookies”. They will be deleted automatically at the end of your visit to the site. Other cookies will last 1 day and will be deleted from your browser automatically after that period of time has elapsed. Such cookies will not harm your computer in any way, and they do not contain viruses.
Use of the data collected by VDZ
The creator of the VDZ platform, W3L GmbH, as well as the administrators at VDZ and the computer centre/hosting provider, will have been granted access to the data that have been collected, for the purpose of guaranteeing that the VDZ platform works properly and in order to manage and delete the data that have been collected. The administrators at VDZ can also evaluate these data in an anonymous form from a statistical standpoint with a view to ascertaining how intensively the VDZ platform is used, for example, establishing the number of students per study group, hours of use per study group and tests passed per study group, as well as the volume of data that has been produced. The statistical evaluations will also be used in the development and improvement of the e-learning courses provided by VDZ, and are intended to enable the overall use of the VDZ platform to be assessed. No information can be obtained about the way you conduct your studies from the statistical analysis of these anonymous data.
Transferring of the data that have been collected to third parties
Inventory data and data concerning the length of time you have used the portal and the progress you have made in your studies will only be accessible to the administrators at VDZ, and they will also be transferred to the tutor in an anonymous form. These data will not be accessible to other participants.
Right of access
At all times you will have a right to demand access to the data relating to you that are being stored, as well as their origin and recipients, and the reason why they are being stored. Access to the data that are being stored will be granted by the platform administrator at VDZ, VDZ gGmbH, Tannenstraße 2, 40476 Düsseldorf, Tel.: +49-211-4578-1, email: firstname.lastname@example.org
We value the confidence you place in us. This is why we are keen to give you an in-depth explanation of the ways in which your personal data are being processed whenever you wish us to. If you have any questions that have not been answered by this Data Protection Declaration, or if you would like a more detailed response on a particular point, you are welcome to contact the data protection officer at VDZ at any time.
As at: January 2012