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Terms of use

Part I. General Provisions

Current status: October 2018.

§ 1. Agreement
  1. This document is a legally binding agreement between you and imc information multimedia communication AG (hereinafter referred to as the "Service Provider"). The document contains the terms of use which are binding for every visitor to the OpenCourseWorld website.
  2. If you continue to use this website, you agree to be bound by Part I ("General Provisions") and Part II ("Cookie Policy") of these Terms of Use. Part III ("Privacy Policy") of these Terms of Use requires your express consent upon registration.
  3. The contact details of the service provider and the further information required according to § 5 TMG are accessible under "Imprint".
§ 2. Services and support
  1. The service provider provides the learning platform "OpenCourseWorld" (hereinafter referred to as "learning platform") on the website at the web address (URL) www.opencourseworld.de.
  2. On the learning platform, the service provider offers open online courses (hereinafter referred to as "courses") on various topics. The service provider can enable partners to offer their online courses on the learning platform.
§ 3. User account
  1. In order to use (book and attend) the courses offered on the learning platform, you must first register on the learning platform. You may only register on the learning platform or create a user account if you have reached the age of sixteen.
  2. You can create a user account via the menu item "Sign Up". When registering, you must enter your first name and last name as well as a current and working e-mail address in the appropriate form. This data is necessary so that we can provide you with the learning platform and corresponding services.
  3. Your e-mail address will be used as your login. For this reason, you will not be able to change your e-mail address on the learning platform later. In exceptional cases, a change of e-mail address can be requested from the service provider.
  4. Before sending (by pressing the button "Sign up") the registration form you must carefully read and accept the privacy policy (below) of the learning platform. You will be made aware of this once again before registering.
§ 4. Communication via contact form and email
  1. Due to legal requirements, the learning platform contains information that enables rapid electronic contact and direct communication with us.
  2. If you contact us by e-mail or via a contact form, the personal data you provide voluntarily will be stored automatically. This data is used for the purpose of processing the request or establishing contact.
  3. The collection of your data in this context is based on the legitimate interest in knowing to whom we pass on our knowledge, our know-how and our products and services.
§ 5. Integration of services from external providers
  1. Individual pages of our learning platform incorporate third-party content. In such cases, your IP address will also be recognized by the third party provider in order to provide you with the content. These third parties thus receive personal data from you, whereby a processing of this data outside the EU cannot be excluded.
  2. The transfer of personal data is independent of whether you have a user account with the third party provider and whether you are logged in to this account at the same time. However, if a user account exists and you are logged in, it can be assumed that the data will be assigned to your user account. To prevent this, you should log out of the third-party provider.
  3. You have the possibility to prevent the execution of scripts of these providers by installing a corresponding plug-in of your browser (e.g. NoScript for a Mozilla Firefox browser). However, this may restrict the functionality of the Website.
  4. Below you will find an overview of our external providers involved within the scope of the offer presented here.
Google Analytics
  1. Our learning platform uses Google Analytics, a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as "Google"). Google Analytics uses so-called "cookies". Cookies are text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website will generally be transmitted to and stored by Google on servers in the United States.
  2. However, if IP anonymization is enabled on this website, Google will previously truncate your IP address within member states of the European Union or other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator.
  3. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
  4. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google. To do this, go to the following link and install the Google Analytics deactivation add-on for your browser: tools.google.com/dlpage/gaoptout. The tracking code of our website is used with an extension so that the IP addresses are shortened and processed further. Thus a direct personal relationship can be excluded.
  5. By using our services, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please note that Google has its own privacy policies, which are independent of ours. We assume no responsibility or liability for these policies and procedures.
  6. Further information can be found in Google's Privacy Policy: https://policies.google.com/privacy, an overview of the protection and security of your data: https://support.google.com/analytics/answer/6004245?hl=de, and the Google Analytics Terms and Conditions: https://www.google.com/intl/de/analytics/terms/gb.html.
§ 6. Social-Plugins
Facebook Plugin
  1. This learning platform uses plugins of the social network facebook.com, which are operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). You can recognize these plugins either by one of the Facebook logos (letters "f" from Facebook, button "Like" or button "Send") or by the fact that this plugin is marked with the word "Facebook", "Like", "Send" or "FB". The Facebook Social Plugins are available at developers.facebook.com/docs/plugins .
Twitter Plugin
  1. This learning platform uses plugins of the social network twitter.com, which are operated by Twitter Inc, Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). You can recognize these plugins either by one of the Twitter logos (letter "t" or image of a bird) or by the fact that this plugin is marked with the word "Twitter" or "Twitter".
Google Plus Plugin
  1. This learning platform uses the "g+" button of the social network Google Plus, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google"). The button can be recognized by the character "g+".
Youtube Plugin
  1. This learning platform integrates a "YouTube plug-in" into its information offering. This YouTube software uses cookies for data collection and statistical data evaluation. Among other things, YouTube uses cookies to collect reliable video statistics, to prevent fraud and to improve user friendliness.
  2. We use embedded YouTube videos in advanced privacy mode. This means that YouTube does not store cookies for a user who displays a website with an embedded YouTube video player, but does not click on the video to start playback. When the YouTube video player is clicked, YouTube may be able to store cookies on the user's computer, but no personal cookie information is stored for embedded video playback. (Source: YouTube "Enable advanced privacy mode for embedded videos") We do not collect any personal information as part of the embedding of YouTube videos.
  3. YouTube's embedded videos are used within the limits of YouTube's permitted use, which all users must accept. If you see any copyright infringement, please report it directly to YouTube.
§ 7. Privacy policy regarding external services and social plugins
  1. If you access pages of our learning platform with the above-mentioned plug-ins, your browser establishes a direct connection with the servers of external providers (such as Facebook, Twitter, Google Plus). The content of the buttons of the corresponding plugins is transmitted directly to your browser by the servers of the external providers. This will tell the external provider which page of our learning platform you have visited.
  2. By using plugin functions (e.g. pressing the "Like" button) or submitting a comment, the corresponding information is transmitted directly from your browser to the external provider and stored there. If you are not a member of the corresponding social networks, there is still the possibility that these external providers can find out and store your IP address.
  3. We have no influence on the extent of the data that the external providers collect with the help of their plugins, but assume that your IP address is also recorded. The purpose and scope of the data collection and the further processing and use of the data by external providers as well as your rights in this regard and setting options to protect your privacy, please refer to the privacy statements of external providers:
  4. If you are logged in as a member of the corresponding social networks, the plugin assigns the collected information to your personal user account with the corresponding social networks. If you want to prevent the collection and linking of your data stored on these social networks, you must log out of the corresponding social networks (such as Facebook, Twitter, Google Plus) before visiting our learning platform. It is not sufficient just to close the page.
§ 8. Availability of the learning platform
  1. The service provider makes the learning platform available 24 hours a day. However, availability may be disrupted during maintenance of the learning platform. Availability of the learning platform could be interrupted due to force majeure or other reasons beyond the control of the service provider.
  2. The Service Provider assumes no responsibility for malfunctions or errors of a technical nature for which it is not responsible or which are dependent on services and conditions outside its sphere of influence. Some malfunctions and errors can lead to a temporary interruption in the functioning of the learning platform.
§ 9. Rights to content (copyrights)
  1. The Service Provider shall make available on the Learning Platform the (learning) contents in the form of text, images, audio and/or video files, software or other executable computer programs as well as in downloadable form which are protected as works within the meaning of the German Copyright Act.
  2. The copyrights to the learning content as well as the design/layout and its creative elements (such as logos, icons, buttons, etc.) belong to the service provider or other users who have made this content available on the learning platform.
  3. You may only use the contents of the learning platform in connection with the courses offered on the learning platform. You are not permitted to use the contents of the learning platform for any purpose other than the character of the learning platform without the prior consent of the service provider or other rights holder.
  4. You must contact the service provider regarding the use of the content outside the learning platform and for other purposes.
§ 10. Expenses
  1. Registration on the learning platform is free of charge. The courses are generally offered free of charge on the learning platform.
  2. The service provider may allow the other partners to offer their paid courses on the learning platform. If a course is subject to a fee, the information about this course on the learning platform will contain corresponding information about the costs.
  3. If you apply for a certificate at the end of a free course, you will be charged a processing fee, which you will be informed about in detail before the certificate is issued.
§ 11. User support
  1. The service provider provides a collection of frequently asked questions and answers under the menu "FAQ". If you have any questions, we recommend that you first look for an answer under "FAQ" - the frequently asked questions.
  2. If you need further support in using the learning platform, you can contact the responsible person at the service provider via the contact page of the learning platform.
§ 12. Language of this agreement
  1. Insofar as the Service Provider provides you with a translation of the German language version of the Terms and Conditions, this is for your convenience only. The German language version should always be decisive for your relationship with the service provider.
  2. If there are discrepancies or contradictions between the German language version and a translated version, the German language version shall prevail.
§ 13. Changes to the Terms of Use
  1. In the course of the continuous further development of the Internet and the changing legal regulations, it is necessary to adapt these terms of use to the changing circumstances. Material changes will be announced in good time on this page (or under "Terms of Use").

Part II. Cookie Policy

§ 14. Information about cookies
  1. On your first visit, you will be made aware of cookies that we use on this learning platform with the following reference:

    "We use cookies to make it easier for you to use this website. You already give your consent to the use of cookies and agree to our terms of use by continuing to use this website. As this concerns, among other things, your personal data, please read the terms of use of the website carefully. More information about cookies can be found in our Cookie Policy."

  2. This notice gives you the opportunity to open both the Terms of Use and the Cookie Policy via a direct link for reading. The note is displayed on each page of the learning platform until you hide it by clicking on the "X" sign to the right of the text.
§ 15. Use of cookies
  1. We would also like to inform you that cookies are stored on your computer when you use our learning platform. Cookies are small text files that are stored locally in the cache of your Internet browser on your computer or mobile device.
  2. The information stored in the cookies is used to automatically recognize you the next time you visit our learning platform and to make our services more user-friendly for you, for example to make navigation easier for you. For example, the cookie records which language you have selected so that you can remain in the respective language version of the pages.
  3. You have the option of setting your browser so that it rejects cookies or informs you before they are stored. How exactly this works can be found in the manufacturer's manual for the respective browser type.
  4. Please note, however, that if you delete or reject cookies, you may not be able to use all of the features we offer, you may not be able to store your preferences, and some pages of the learning platform may not display correctly. In addition, when cookies are deleted, e.g. by using appropriate browser add-ons, any installed opt-out cookies could also be deleted.
  5. Cookies may also be used on linked pages and by integrated services of external providers without our being able to inform you beforehand. You can find out more about the use of cookies from external providers under §5 („Google Analytics“) and §6 (see „Youtube“) of these Terms of Use.
  6. None of the cookies we store can be used to identify you. The cookies on our websites do not collect any personal data. Further data will not be linked with the stored information from the cookies. The data is stored separately from each other.

Part III. Privacy Policy

§ 16. Details of the person responsible
  1. The protection of your privacy is important to us. In order to guarantee you the highest possible degree of transparency, we would like to inform you (pursuant to Art. 13 para. 1 and 2 of the EU Data Protection Basic Regulation) in the following about the collection, processing and use of your personal data in connection with the use of this learning platform.
  2. The person responsible within the meaning of Article 4 No. 7 of the DS-GVO and other provisions of a data protection nature is:

    imc information multimedia communication AG
    Scheer Tower
    Uni-Campus Nord
    D-66123 Saarbrücken
    E-mail: info@im-c.com
    Phone number: +49 681 9476 0

  3. If you have any questions about this data protection declaration, please contact our data protection officer:

    imc information multimedia communication AG
    z. Hd. Datenschutzbeauftragter
    Scheer Tower
    Uni-Campus Nord
    D-66123 Saarbrücken
    E-mail: datenschutz@im-c.com

§ 17. Purpose of data collection
  1. In order to create a user account on the learning platform and provide you with the necessary access data, we must process some of your personal data in our registration form. If, for the purpose of creating a user account, you provide your personal data to us here, or update it if necessary, we will process this personal data to carry out our obligations under this agreement. (Art. 6 para. 1 b) DSGVO).
  2. Your details will be treated in accordance with the statutory provisions, in particular for the purposes for which you have voluntarily made them available to us. We will only process your data beyond these purposes if you have consented to this or if this is permitted by law.
§ 18. Collection of data
  1. When you visit our learning platform, different data will be processed by you. A distinction can be made between the exclusive use of information and the use of special functions of our learning platform.
a) Collection of data with exclusive informational use of the learning platform
  1. We would like to point out that no personal data is collected for purely informational use of our learning platform, for which no registration, registration or other transmission of data is necessary. This does not include data transmitted by your browser to enable you to visit the learning platform. Our web server temporarily stores each access locally in a log file.
  2. The following data is recorded:
    • IP address
    • Date and time of access
    • Name and URL of the retrieved file
    • Transferred amount of data
    • Message as to whether the call was successful
    • Identification data of the browser and operating system used
    • Web page (URL) from which the access is made
    • Time zone difference to Greenwich Mean Time (GMT)
    • Contents of the request (Concrete page)
    • Access status / HTTP status code
  3. We collect the listed data in order to guarantee a smooth connection setup. In addition, the log file serves to evaluate system security and stability as well as technical-administrative purposes. The legal basis for the temporary storage of data or log files is Art. 6 para. 1 lit. f DSGVO.
b) Collection of personal data when using special functions of our learning platform
  1. In addition to the purely informational use of the learning platform, we offer special services in which certain personal data is processed.
  2. If we collect your personal data (e.g. name, surname, address or e-mail address, place of birth or date of birth) via this learning platform, this is always done on a voluntary basis. They serve to provide you with the desired information and services within the framework of this learning platform. If this data is not provided, you will unfortunately not be able to make full use of our services.
  3. The following information is stored in the learning platform:
    • first name
    • last name
    • email address
    • password
    If you provide additional information about yourself in the learning platform (e.g. title, institution, country etc.), we have access to this data.
  4. Your personal data may be passed on to service providers who are required to support us for the purpose of maintaining and supporting the learning platform.
  5. Since our group of companies also includes companies in third countries (e.g. Australia) or, in order to be competitive, service providers with headquarters, parent company or computer centre in third countries, it may be necessary to pass on this information. In such cases, we ensure that only the data necessary for the performance of the specific task and appropriate security measures (e.g. EU Commission adequacy decision, standard contractual clauses) are accessed.
  6. Unless you request deletion of the data, we will store it for as long as it is required for the purpose for which it was collected. In addition, the data may be stored, in particular if a contractual relationship exists or existed, for the fulfilment of economic and tax retention obligations (e.g. 2 to 10 years) or for the preservation of evidence within the statutory limitation period (e.g. up to 30 years).
  7. Content provided within the framework of social media and community, such as forums, wikis, exercises, pinboards, etc. will not be deleted. Please make sure that you do not provide any personal data in this context.
§ 19. Rights of the data subject
  1. Within the scope of the respective regulations (Articles 15 to 21 of the DS-GVO), you have various rights with regard to the processing of your personal data: Right to information, right to rectification, right to cancellation, right to limitation of processing and right to data transfer. There are restrictions on the right of access and cancellation, for example according to §§ 34, 35 BDSG.
  2. You also have the right to object to the processing of your personal data for direct marketing purposes. If we process your data to safeguard legitimate interests, you can object to this processing if your particular situation gives rise to reasons that speak against data processing.
  3. You also have the right to make a non-exclusively automated individual case decision. You also have the right to complain to a competent data protection supervisory authority.
  4. If you have given us permission to process personal data for specific purposes, you can revoke this permission at any time with effect for the future.
  5. If you would like to exercise one of these rights as a data subject, you can contact the responsible person (§15 No. 1 of these Terms of Use) or the data protection officer (§16 No. 1 of these Terms of Use) at any time.
§ 20. Right to information and objection
  1. You can request information about your personal data processed by us. Under certain circumstances, you may also request that your data be corrected (if it is no longer applicable), supplemented or deleted.
  2. Furthermore, you have the right to revoke your consent to the use of data, if you have given such consent, in whole or in part for the future. Please address any concerns to the data protection officer named under§16 No.3. To revoke your consent, you can send an e-mail to the addresses on the contact page at any time.
  3. In order to prevent unauthorised access or even misuse, it may be necessary for us to contact you directly to verify your request.
§ 21. Deletion and blocking of personal data
  1. In principle, we delete your data as soon as they are no longer required for the above-mentioned purposes, unless temporary storage is still necessary. For example, we store your data on the basis of legal proof and storage obligations, which arise from the German Commercial Code (Handelsgesetzbuch) and the German Tax Code (Abgabenordnung). The storage periods are then up to ten full years.
  2. We also retain your data for the period in which claims can be made against our company (statutory limitation period of three or up to thirty years).
§ 22. Acceptance of the terms of use
  1. This Privacy Policy is part of the Terms of Use of our Learning Platform and is identified as such in Part III of these Terms of Use. At the end of the registration form you will find a „checkbox“ with the confirmation and a button „Sign up“. By activating the "checkbox" and clicking this button you expressly confirm your agreement to the terms of use including data protection declarations.