Hochschule Fresenius online plus GmbH terms of use for the study platform studynet.onlineplus.de
The study platform “studynet”, hereafter referred to as “the study platform”, is operated by Hochschule Fresenius online plus GmbH, part of Hochschule Fresenius gem. GmbH (hereafter referred to as “onlineplus”). It is available to students and other members of the onlineplus Faculty at Hochschule Fresenius gemeinnützige Trägergesellschaft mbH (hereafter referred to as “the University”) and to authorized corporate partners (all hereafter referred to individually and collectively as “the user/users”). The right of use expires at the end of the study contract or upon leaving the University or at the conclusion of a specific cooperation.
User account and login details
onlineplus provides the user with a user account that can be used to view the study platform and the data contained within it. To access the study platform, the user must log into the system. The user is provided with the necessary user ID and password during enrollment or registration. The user must change the password provided to a new password when he/she first logs into the system. This password must be at least eight characters long and include at least one number. The login details and user account are non-transferable and must only be used by the user him/herself. Transfer to and/or use by third parties is prohibited. The login details must be stored securely and kept secret. Should the user become aware or suspicious of misuse, he/she must inform onlineplus immediately. If the user is responsible for misuse of login details, he/she is liable for all consequences of third-party use. In addition to documents, media, and functions, onlineplus also incorporates or links to third-party services in the form of apps and/or via framing. These incorporated services are labeled as such. onlineplus is not responsible for the content or availability of these services. onlineplus reserves the right to extend, supplement, alter, or replace the services and functions on the study platform.
User content, copyright, and other content-related rights
The study platform content may only be used for the purpose of study, training, or continued professional education at onlineplus as part of study or teaching at Hochschule Fresenius. All other forms of use, including and in particular following the expiration of access authorization, are prohibited. The same applies to the transfer of login details or content to third parties. In the event of a breach of these rules, onlineplus is authorized to terminate usage authorization, including without warning, and to terminate the underlying contract without notice. Users grant onlineplus the unrestricted, unconditional, and non-exclusive territorial, temporal, and content-related right to use all posts, media, and content uploaded. This encompasses, in particular, the right to disseminate, copy, process, store, archive, make publicly available, send and forward, read in public, present, and perform. In particular, the user grants onlineplus the right to make the relevant content accessible on the study platform in any format, to process and copy the content as required for this purpose, and to allow other users to make copies. This also includes the right to perform relevant acts of use within the current additional functions, for example the reproduction, processing, and storage of documents published within apps, news feeds (in various formats where applicable), other subscription services (push services), or pull services and the use of content on technically optimized versions of the platform on mobile devices and within relevant apps. The user also consents to the possible transfer of usage rights to third parties by onlineplus. onlineplus reserves the right to open the study platform by means of an interface to enable its use by or within third-party Internet services with the exception of user-specific content. All user achievements (such as completed learning objects, study units, modules, results of assignments, missions, and other objects that indicate learning progress) are made available only to employees authorized by onlineplus so that they can safeguard student success in an advisory capacity. onlineplus provides “activity boards” on the study platform in which users can discuss content and add and discuss questions and suggestions in the form of text, images, videos, links, etc. The content uploaded to the activity boards and users’ own data such as their first and last names, user profiles, etc. can be viewed by other users of the study platform. All users can remove content at any time that they have personally uploaded. Notwithstanding the previous stipulations, onlineplus reserves the right to delete individual contents, posts, etc. without stating reasons. There is no entitlement to the storage or ongoing availability of a specific piece of content.
Rules on conduct while using the study platform and uploading content
Through the study platform, onlineplus enables users to openly exchange experiences and opinions, a process that onlineplus is unable to influence at all times. Individual pieces of content will be checked, removed where necessary, and further measures initiated only as far as onlineplus is required to by law. It is therefore all the more important that users respect the rights of third parties and commit to respectful interaction and mutual consideration. In particular, users must not include any illegal content in their posts (activity boards, forums, chats, hyperlink destinations, uploaded files, etc.), particularly content that is defamatory, offensive, libelous, pornographic, obscene, threatening, racist, that glorifies violence, or is classed as hate speech. They must not link to such content and/or incite or provide instructions for criminal acts. All users must refrain from harassing or persecuting other users. Advertising of any kind is also prohibited, as are any measures that would lead to the disruption of overall operations. The user is obliged to include only true information in his/her personal profile and communications, and to refrain from making misleading statements. When creating a profile picture, the user is responsible for ensuring that public display of the photo is permitted, that it does not contain any references to logos, brands, or other commercial references to companies, and that the photo does not violate applicable legal provisions or the rights of third parties. The user must ensure that the content he/she transmits does not violate the copyright and intellectual property rights of third parties (e.g. by uploading plagiarized academic work, pirated copies of films or software, etc.), personality rights, rights to one’s own image, or the trademark rights of third parties (brands, company symbols, titles, etc.). Misuse of the study platform in any form is prohibited. Misuse is defined, in particular, as the use of mechanisms, software, or scripts in conjunction with use of the study platform that could be used to impair the operation of the study platform and when malicious codes such as Trojans, viruses, worms, and other programs are uploaded to or made available on the study platform. The sending of chain letters and/or the sending of identical private messages to multiple users, which could be construed as misuse, are prohibited.
Users are part of a community.
As members of the community, all users adhere to the following code of honor:
- “I will support other members in their questions.”
- “I will maintain an open, friendly, and respectful tone in my interactions.”
- “I will write only constructive posts.”
- “I will formulate questions and responses that are precise and comprehensible.”
- “I will name my sources when referring to third parties.”
- “I will give feedback.”
- “I will complete tasks and assessments independently.”
- “I will not surrender my study platform login details to any third party.”
- “I will not publish content made available to me on the study platform in any other place.”
- “I will not communicate solutions to tasks or assessments to other users in any way.”
- “I will publish on the study platform only content that adheres to the intentions of a social study platform.”
- “I will give only objective and respectful feedback on the work of my fellow students.”
- “I will keep my profile up to date.”
- “I will use correct spelling and punctuation in my posts.”
- “I will express criticism in an objective manner.”
User guarantee and liability
The user ensures and guarantees that he/she is authorized and able to grant onlineplus usage rights to the content uploaded in the aforementioned scope. The user pledges to onlineplus that he/she will not place any content on the platform the subject or content of which violates the rules of these terms of use, will not commit any of the acts prohibited in these terms of use, and will not upload any inappropriate data. The user is obliged to release and/or indemnify onlineplus and the University and its members from or against all liability and all costs, including statutory lawyers’ fees incurred for legal defense purposes as well as potential and actual costs of legal proceedings and any penalties set or to be set by a court resulting from third-party claims against onlineplus, the University, or its members because the user has violated the rights of third parties or the rights of persons represented by third parties. The same shall apply if the claim results from otherwise unlawful content and in cases in which the claim is made by a consumer protection agency or an authority. The user is obliged to immediately cease usage that infringes on the law when requested by onlineplus and to immediately provide onlineplus with all information available to him/her on the issue in question. All further rights and claims for damages of onlineplus remain unaffected. Should the user’s content violate the rights of third parties, the user shall, as chosen by onlineplus, obtain the right for onlineplus to use the content at his/her own expense, insofar as the user holds said rights, or redesign the content so as not to infringe any protective rights.
Exclusion of liability
No responsibility is accepted for content that is linked directly or indirectly (links) and that is outside the sphere of influence of onlineplus. No liability is accepted for the up-to-dateness and completeness of the content provided on the study platform. Liability claims against the authors and the operators of the study platform that relate to damages of a material or intangible nature and were caused by the use or non-use of the content presented and/or by the use of incorrect and incomplete content are fundamentally excluded. All use is at the user’s own risk. Users recognize that constant availability of the study platform is not technically feasible. In particular, maintenance, security, and/or capacity adjustments and events outside the control of onlineplus may lead to brief disruptions or the temporary suspension of services on the study platform. onlineplus accepts no liability for disruptions of this kind or for damages resulting from the loss of data. All users must back up their data themselves on an ongoing basis. onlineplus reserves the right to add, adjust, or remove individual services on the study platform, particularly modules, or to alter the operating times of the study platform at any time following prior announcement. onlineplus is not liable for losses resulting from the alteration of services.
Data protection information
onlineplus collects and uses personal data as part of the operation of the study platform in accordance with the following regulations: The personal data shared with us is collected, processed, and used solely in compliance with the principles described in this data privacy statement and in strict adherence to the regulations of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the German Teleservices Act (Telemediengesetz, TMG). Personal data is exclusively used to enable the use of the study platform for the purpose of study, training, or continued professional education. The transfer of personal data for third-party use is not envisaged. With the exception of the compulsory information required to use the study platform (first name, last name, status, email address, enrollment number, study program/training/continued professional education, location), the user decides whether he/she wishes to add further data to his/her personal profile and make it available to other users of the study platform in whole or in part (“Privacy” category). Personal address books, calendar entries, private notes, and emails stored in the inbox cannot be viewed by other users. For organizational reasons, the networked contacts who are currently logged in and all other networked contacts are shown in the contact list of the “Who is online” chat. The same applies to members of groups and individual modules. The personal profiles of users are also visible at all times. We use cookies in particular to create a study platform that is user-friendly. Cookies are text files saved on a computer by an Internet browser. onlineplus uses cookies to collect general, statistically relevant data about the pages visited on the study platform. This includes the date and duration of a visit and the pages viewed. The aim of this is to optimize usage options; person-specific data analysis is not envisaged. Users can restrict or exclude the use of cookies by configuring their Internet browser settings. However, if cookies are deactivated completely, they will no longer be able to use the study platform. Data is also collected as part of student progress assessments and personal study planning and by access statistics and analyzed as part of/for the purpose of the proper use of the study platform. This encompasses the date and duration of a visit and the study content viewed. In connection with access, data is temporarily stored on the onlineplus servers for the purpose of data security that may allow users to be identified (e.g. IP address, date, time, and pages viewed). This data is not analyzed, with the exception of statistical reasons in anonymized form. The SSL (Secure Socket Layer) procedure is used to operate the study platform in conjunction with 256-bit encryption. When encrypted data is used, a closed key or lock icon will be displayed in the lower status bar of the browser. The connection is encrypted and authenticated with ECDHE_RSA with P-256 (TLS 1.2) and AES_256_GCM. Once usage authorization ceases (e.g. when a user leaves onlineplus), the user account is immediately deactivated, including the data saved within it. In accordance with the German Federal Data Protection Act, all users have the right to information on their stored data, free of charge, and the right to have this data rectified, locked, or deleted. Users can contact studynet@onlineplus.de for questions regarding the collection, processing, or use of personal data, for information on or the rectification, locking, or deletion of data, to withdraw consent given, and for any other problems or questions regarding data protection.
Google Analytics privacy policy and target group formation
This website uses functions of the Google Analytics web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Cookies are used here that are stored on your computer and allow use of the website to be analyzed. Information on how you use this website that is obtained through this technology is usually transferred to and stored on a Google server in the USA. Google uses this data to analyze the use of the website, to compile reports on the website activities, and to render further services in conjunction with usage analysis. Usage encompasses the “Universal Analytics” operating mode. Once a user has successfully logged into studynet, it is possible to allocate data, sessions, and interactions to a pseudonymous and encrypted user ID across multiple devices and, in this way, to analyze a user’s activities across devices. Click here to deactivate Google Analytics tracking with user ID. On the basis of our legitimate interest, we use these statistics to form target groups because we assume that users visit our website for specific reasons.
The IP address transmitted by your browser as part of Google Analytics is not combined with other data by Google because the possibility of linking data to individuals is excluded by the cookie before data is collected.
We use Google Analytics on the basis of our legitimate interest in analyzing and optimizing our marketing activities, and thus also our commercial interests, as set out in Article 6, paragraph 1 f) GDPR. We have taken measures to ensure that the weighing of interests in favor of the responsible party is as unintrusive as possible. We also believe that this can improve user-friendliness in particular. We have also concluded a data processing contract with Google in accordance with Article 28 GDPR. In the contract version we have selected, users’ personal data is deleted or anonymized after 14 months. We have activated the IP anonymization method anonymize.ip. This means that the last octet of your IP address is shortened by Google before it is recorded by Google; this applies within EU member states and in other signatories of the Agreement on the European Economic Area. Only in exceptional cases are full IP addresses transmitted to and then shortened in a Google server in the USA. Google is certified under the EU-U.S. Privacy Shield Framework, which means that it guarantees to adhere to a standard comparable to the European level of data protection.
You can stop cookies from being stored by configuring your browser accordingly. However, you may then find that you cannot use all functions of this website to their full extent. You can also prevent the data generated by the cookie relating to your use of the website – including your IP address – from being recorded and processed by Google by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout?hl=en. Please note that you cannot delete cookies that prevent usage analysis if and as long as you do not wish for measurement data to be recorded. If you delete all your cookies via relevant browser settings, you must reset the cookies required to prevent usage analysis. You can find more information on how Google handles data and on further settings and opt-out possibilities in the Google privacy policy https://policies.google.com/technologies/ads and in the Google advertising display settings https://adssettings.google.com/authenticated.
Google Adwords conversion tracking privacy policy
Within our online services, we use the Google Adwords online advertising program, an analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
This Internet advertising service allows adverts to be placed in search engine results and the Google advertising network so that they appear to users who are presumed to be interested in their contents. This allows us to show adverts for and within our online service in a more targeted manner and to show you adverts that presumably match your interests. When you call up our website and other websites in the Google advertising network, Google runs a code that incorporates web beacons, graphics, and codes into the website. As part of this, cookies or similar technologies are stored on your device that allow Google to identify which websites you look for, when and how long you visit them for, the topics that interest you, and your technical conditions (operating system and browser). Each user is allocated a different cookie to rule out the possibility of cookies being tracked beyond the websites of Adwords advertisers. Every company that uses Google Adwords is also provided with a conversion cookie. Google can use this to generate statistics for each advertiser. Google provides us solely with statistical information in the form of an anonymous total number of users who responded to our respective campaign by clicking on the advert and were then directed to a website with a web beacon. We do not receive any information on sensitive data or that could be attributed to individuals. Google saves and processes the data only as a pseudonymous profile with usage statistics, that is without email addresses or names. Adverts are therefore displayed not to a specific person, but to the owner of the relevant cookie, that is, the relevant usage profile. This does not change unless the user has expressly permitted Google to waive pseudonymization. The data collected through this process is transmitted to and stored on servers in the USA. Google is certified under the Privacy Shield agreement. This guarantees that it will adhere to European data protection law. For more information, visit https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
We use the online advertising program on the basis of our legitimate interest in analyzing and optimizing our marketing activities, and thus also our commercial interests, as set out in Article 6, paragraph 1 f) GDPR. We use in our advertising only cookies that do not relate to sensitive data and cannot be attributed to individuals. The display of potential targeted advertising and the measurement of this is generally made transparent to the persons concerned. The lack of reference to specific persons takes into account your legitimate interests; furthermore, the placement of interest-based advertising serves user interests, meaning that, on balance, this is in favor of the party responsible.
You have the right to opt out of this processing of your personal data (which is based on Article 6 (1) f GDPR) at any time for reasons arising from your particular situation. You can permanently prevent the placement of cookies by configuring the relevant setting in your Internet browser. Cookies already placed can also be deleted in this manner. Deactivation options include http://optout.aboutads.info/?c=2#!/ and https://www.networkadvertising.org/choices/. You can also opt out of interest-based advertising from Google. For more information and the Google privacy policy, visit: https://policies.google.com/privacy?hl=en. You can find instructions at https://support.google.com/ads/answer/2662922?hl=en. Please note that cookies designed to prevent these functions will also be deleted if you configure your browser settings to delete all cookies. In this case, the opt-out cookie must be reset.
Google Remarketing privacy policy and target-group function
We use the Google Remarketing function on our website. This function is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. It is used to analyze visitor behavior and interests. When you visit our website, Google saves a cookie on your device via your browser. This cookie is used to record visits to the website and anonymized data about use of the website. These visitors are assigned to a target group whose interests we assume will be met by the advertising displayed. The personal data of website visitors is not stored. If you subsequently visit another website in the Google advertising network, you will be shown adverts that will, with high probability, take into account the product and information areas you have previously viewed.
Your data will also be transmitted to the USA where necessary. Through certification in accordance with the EU-U.S. Privacy Shield Framework (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active), Google guarantees that it will adhere to a data protection standard comparable to the European data protection guidelines of the EU. Data is processed on the legal basis of Article 6, paragraph 1 f) GDPR resulting from the legitimate interest in addressing website visitors with targeted advertising, by which personalized, interest-based advertising is shown to visitors to the provider’s website when they visit other websites in the Google advertising network; data is also processed in accordance with our legitimate interest in analyzing and optimizing our marketing activities, and thus also our commercial interests, as set out in Article 6, paragraph 1 f) GDPR. You have the right to opt out of this processing of your personal data (which is based on Article 6 (1) f GDPR) at any time for reasons arising from your particular situation. You can permanently deactivate the use of cookies by Google by downloading and installing the plug-in available at: https://www.google.com/settings/ads/plugin. Alternatively, you can deactivate the use of cookies by third-party suppliers by accessing the deactivation page of the Network Advertising Initiative at https://www.networkadvertising.org/choices/ and using the information provided to opt out. You can find more detailed information on Google Remarketing and the associated privacy policy at: https://www.google.com/privacy/ads/.
Google Tag Manager data protection
Our website uses the Google Tag Manager application provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA – “Google”). This is a function that allows marketers to manage website tags via an interface. The Tool Tag Manager itself, which implements the tags, is a cookie-free domain. The tool ensures that other tags are triggered that may record data themselves. Google Tag Manager does not access this data. If deactivation has been performed at domain or cookie level, this is maintained for all tracking tags implemented using Google Tag Manager. You can find more information and the Google Tag Manager privacy policy at https://policies.google.com/?hl=en.
Google Maps
Our website has incorporated the Google Maps API service, an application provided by Google (Google Inc., 1600 Amphitheatre Parkway, Mountain View, California, 94043, USA) in order to visually render geographical information. When Google Maps is used, data is also collected, processed, and used relating to the use of the Maps function by website visitors. This processed data may also include IP addresses and locations. You can find more detailed information on data processing by Google in the Google data protection notices, available at https://policies.google.com/?hl=en. However, this data is not collected without your consent, which is usually a setting on your mobile devices. Your data will also be transmitted to the USA where necessary. Through certification in accordance with the EU-U.S. Privacy Shield Framework (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active), Google guarantees that it will adhere to a data protection standard comparable to the European data protection guidelines of the EU.
You can prevent the use of your data by configuring the relevant settings here: https://adssettings.google.com/authenticated.
Contact form and chat with Zendesk
To process customer queries, we use the Zendesk ticket system, a customer service platform from Zendesk Inc., 989 Market Street #300, San Francisco, CA 94102, USA. We also use the Zendesk chat tool.
To process your queries and provide you with the information you require, the necessary data (e.g. first and last name, postal address, phone number, email address) is recorded via our website. Zendesk is a certified participant in the Privacy Shield Framework, which means that it fulfills the minimum requirements for lawful contract data processing.
You can find more information on data processing by Zendesk in the Zendesk privacy notice at https://www.zendesk.com/company/privacy.
Provided you contact us via email or using the form on the website, we will only use the personal data provided by you to process your specific query. The data provided will be treated as confidential. The data provided and the message history with our service desk will be stored for follow-up questions and later communications. The data entered in the contact form is processed on the basis of your consent (Article 6, paragraph 1 a) GDPR).
We have concluded a data processing contract with Zendesk and implement the stringent requirements of the German data protection authorities in full when using Zendesk.
Onboarding with Userlane
We use the services of Userlane GmbH, Georgenstr. 39, 80779 Munich, Germany, when onboarding studynet users. Userlane uses cookies, small text files that are temporarily stored on the user’s computer and help to analyze website use. This information on usage is usually transmitted to and stored on a Userlane server.
This information is used on our behalf to present an interactive tutorial within studynet and to analyze tutorial activities. Userlane does not combine the IP address transmitted by the customer’s browser with any other data. You can prevent Userlane from storing cookies by configuring the relevant browser settings. You can find further information on data protection at Userlane GmbH and about Userlane itself via the following link: https://www.userlane.com/privacy.
As at: May 2019
