User Agreement Learning Platform ILIAS

The learning platform is operated by the companies of Hochschule Fresenius gem. GmbH (hereinafter referred to as HS Fresenius) and contains public as well as closed areas. It is available to students, all other members of HS Fresenius, participants in other educational measures and, for the duration of particular projects, to appropriately authorized cooperation partners (all individually and collectively hereinafter referred to as "Users"). The contents of the learning platform shall be available to the users in accordance with the administration and generally free of charge. The right of use shall expire automatically upon leaving HS Fresenius or upon termination of an educational measure or a project partnership.

Copyrights

Contents on ILIAS are protected by copyright. The use of the contents in research and teaching, for information, teaching and learning purposes is permitted, as is the use (e.g. copying, downloading and printing of contents) for private use, but in each case only for the purposes of studying or further education at HS Fresenius. Any reproduction (data carriers, printouts and copies on paper or other materials, etc.), publication or disclosure to third parties during and after termination of the access authorization is not permitted and will be prosecuted under criminal and civil law. In the aforementioned cases, HS Fresenius shall be entitled to terminate the user authorization immediately and without any prior warning. This shall also apply to making the contents accessible to third parties who are not authorized to access them (e.g. by sharing the personal password).

Every user agrees that the contributions and contents posted by him/her in ILIAS may (continue to) be used on ILIAS by HS Fresenius during his/her activity for HS Fresenius or affiliation with HS Fresenius or participation in education or training measures by HS Fresenius as well as after leaving HS Fresenius or after the termination of an educational measure or a project partnership until the end of the studies of the respective cohorts or until the end of other educational measures. Moreover, in the event of a necessary recourse in the context of a study program or further education completed at HS Fresenius in the same faculty by former participants the mentioned contributions and contents may continue to be used on ILIAS by HS Fresenius.

In this respect, the users also grant HS Fresenius the unconditional and simple right, unlimited in terms of space and content, to all contributions and content posted, to use them on the e-learning platform ILIAS and to have them used by third parties as well as to archive them for the intended duration (database, homepage, online and archiving right). Users are expressly prohibited from posting copyrighted or otherwise protected content on ILIAS for the benefit of third parties without their express written consent. If a user violates this obligation, HS Fresenius reserves the right to block access to ILIAS for the user and to delete the corresponding content immediately.

Die Nutzer dürfen in ihren Beiträgen (Foren, Chats, Zielen von Hyperlinks sowie hochgeladenen Dateien usw.) keine rechtswidrigen, insbesondere diffamierenden, ehrverletzenden, verleumderischen, pornographischen, obszönen, gewaltverherr-lichenden, bedrohenden, volksverhetzenden oder rassistischen Inhalte einstellen, auf diese verlinken und/oder zu Straftaten aufrufen oder Anleitungen hierfür geben. Ebenfalls untersagt sind Werbung sowie die Nutzung von ILIAS zu Werbezwecken. Die Nutzer sind verpflichtet, nach bestem Wissen und Gewissen Handlungen und Dateneinträge auf ILIAS zu unterlassen, die zu einer Störung des Gesamtbetriebes führen könnten.

Further user obligations

In their contributions (forums, chats, targets of hyperlinks as well as uploaded files, etc.), users may not post or link to illegal, in particular defamatory, pornographic, obscene, violence-glorifying, threatening, inciting or racist content and/or incite to criminal acts or give instructions for such acts. Advertising and the use of ILIAS for advertising purposes are also prohibited. Users are obliged to refrain, to the best of their knowledge and belief, from actions and data entries on ILIAS that could lead to a disruption of the overall operation. In the event of violations, HS Fresenius reserves the right to block the user's access to ILIAS and to delete such content immediately.

Disclaimer

No responsibility is assumed for content to which reference is made directly or indirectly (via links) and which lies outside the sphere of influence of HS Fresenius. No responsibility is taken for the up-to-dateness and completeness of the content provided on the learning platform. Liability claims against the authors and the operators of the learning platform relating to material or immaterial damage caused by the use or non-use of the content provided or by the use of incorrect or incomplete content are excluded. Any use is at your own risk.

Data protection

HS Fresenius collects and uses personal data within the scope of operating the ILIAS platform in accordance with the following regulations: The personal data provided to us is collected and processed exclusively in accordance with the principles described in this data protection declaration and in strict compliance with the regulations of the German Data Protection Regulation (DSGVO) and the German Telemedia Act (TMG). We use your personal data exclusively to enable you to use the ILIAS platform for study, examination or training purposes in accordance with your contractual agreement Art. 6 para. 1 lit b DSGVO. Under no circumstances will we disclose your personal data to third parties for advertising or marketing purposes or pass it on to third parties in any other way. For this purpose, the following mandatory information is required for the use of ILIAS (first name, last name, gender, educational institution of HS Fresenius, e-mail address, matriculation number, study program or training or further education, location) and exclusively for the take-home exams (street, postal code, city, telephone number). Furthermore, your uploaded and provided documents (uploads) will be processed. You can decide for yourself whether you want to include further data in your general user profile or ILIAS portfolio ("Personal data and profile") and, if necessary, make it completely or partially visible to other users of ILIAS ("Visible to logged-in users", "Sharing of own resources"). Your personal address book, calendar entries, private notes as well as e-mails stored in your mailbox are not visible to other users. For organizational reasons, the currently logged-in users are displayed in the "Active users" area. The same applies to members of learning groups and members of individual courses.

Access to your user account and other personal services is only possible after entering your user ID and personal password. We draw your attention to the fact that, in accordance with the User Agreement, you are obliged to treat your access data confidentially and secretly at all times and not to disclose it to any third party. In connection with your access, data that may allow identification (e.g. IP address, date, time and pages viewed) are temporarily stored on our servers for data security purposes. An evaluation, with the exception of statistical purposes in anonymized form, does not take place. When operating ILIAS, the so-called SSL security procedure is used in conjunction with TSL encryption. You can recognize the use of encrypted data by the display of a closed key or lock symbol in the lower status bar of your browser. Following the termination of the access authorization (e.g. upon leaving HS Fresenius), the user account including the data stored therein will be deactivated immediately. According to the DSGVO, you have a right to information about your stored data (Art. 15 DSGVO), the right to rectification (Art. 16 DSGVO), if applicable, the right to restriction of processing (Art. 18 DSGVO), data portability (Art. 20 DSGVO), the right to complain to a data protection supervisory authority (Art. 77 DSGVO), objection (Art. 21 DSGVO) as well as the deletion (Art. 17 DSGVO) of your data. If you have any questions regarding the collection, processing or use of your personal data, the disclosure, correction, blocking or deletion of data or the revocation of consents granted, or if you have any other problems or questions regarding data protection, you can contact support@hs-fresenius.de or our data protection officer datenschutz@hs-fresenius.de - COGNOS AG - Im MediaPark 4e - 50670 Cologne.

As at: January 2021