Terms of use

1 Scope of the terms of use

1.1 These terms of use of Datenschutzberatung Moers GmbH (Neue Strasse 22, 34369 Hofgeismar, hereinafter referred to as DSB Moers GmbH or provider) apply to the provision and use of services on the e-learning platform „datenschutzakademie.com“. This is a platform on which users can carry out and monitor the success of online data protection training courses.

1.2 The currently valid terms of use are accessible at https://datenschutzakademie.com/terms_of_use.

1.3 Use of the platform is not restricted to a specific group of people. Users within the meaning of Clause 1.1 are entrepreneurs, whereby an entrepreneur is any natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in the exercise of their independent professional or commercial activity (corporate customer). In the case of private use of the platform, users within the meaning of clause 1.1 are consumers, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity.

2 Conclusion of contract, prices and payment terms

2.1 The description of the e-learning platform published on the website datenschutzakademie.com serves the website’s visitor to submit an invitation to submit an offer via the online registration process or other contact channels.

2.2 By completing the online registration process, a contract of use is concluded with the provider, DSB Moers GmbH. If the contractual partner is an entrepreneur, he/she also agrees to the data processing agreement in accordance with Art. 28 GDPR, which applies in addition to these terms of use, available at https://datenschutzakademie.com/wp-content/uploads/2020/05/2020-DPA-DSB-Moers-GmbH-E-Learning.pdf

2.3 The subject of the contract of use is the implementation and success control of the online data protection training.

2.4 The prices for individual courses are shown in the respective course, including statutory VAT. Concerning courses created for organisations, the current price list at the time of ordering applies. At the end of each subscription period, the provider is entitled to change pricing for further subscription periods. In case of price increase, the corporate customer has the right of objection.

2.5 For consumers, payment is made in advance or via PayPal. Payment is due immediately upon ordering. For corporate customers, payment is made after invoicing on a monthly basis.

2.5 In case of private use of the portal as a consumer, the user has the legal right of objection within 14 days after conclusion of the contract. The consumer right of objection shall cease to apply at the moment the user makes use of the services.

3 User profile

3.1 In order to use the platform, the customer needs to start a user account. This account requires user name and password („log-in data“). For this purpose, a valid e-mail address of the user is required. If requested, login-data may be provided by the provider.

3.2 Considering the data entered in the user’s personal profile (profile data) are identical to those at the document “certificate of participation”, the use of pseudonyms as profile data is not recommended.

3.3 The user is obliged to handle the login-data carefully. The user is prohibited from disclosing the login-data to third parties and/or allowing third parties access to the profile by bypassing the login-data.

4 Use of the platform

4.1 The use of the platform serves to participate in online data protection training courses and to provide evidence of the participation. When using the platform, the user can view data protection training contents electronically.

4.2 The provider makes every effort to ensure the trouble-free handling of the portal. This is naturally limited to services in the provider’s area of influence. The provider reserves the right to restrict access to the portal in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond his control.

4.3 In case of breaches of contract by the user, in particular according to clauses 5 and 6, the provider has the right to block access to the portal.

5 Duties of the user

5.1 The user undertakes to treat the provided access data as well as the passwords set up for this purpose as strictly confidential and with utmost care.

5.2 The user must refrain from any activity that could affect and/or excessively burden the operation of the portal or the technical infrastructure. This includes in particular the use of software, scripts or databases in connection with the use of the portal as well as the automatic readout, blocking, overwriting, modifying, copying of data and/or other contents, unless this is necessary for the proper use of the portal.

5.3 In case of continuous disruptions in the use of the portal or its functionalities that make it impossible for the user to use the service, the user shall inform the provider of the malfunction immediately.

6 Copyright and rights of use

6.1 The provider grants the user a simple right of use of the portal „datenschutzakademie.com“ only for personal use or for use that is explicitly stated in the order process.

6.2 All rights to the contents of the portal are held by the provider. The user is prohibited from copying, distributing and/or publishing content that the provider has placed on the portal.

6.3 For the use of the portal in a network or for access from several workstations, a special agreement in the order process or elsewhere is required.

7 Limitations of liability

7.1 The provider endeavours to create the data protection training courses according to the latest legal standards. The legality of contents is expressly not guaranteed. The selection of the portal for data protection training is the sole responsibility of the consumer or corporate customer.

7.2 Unless otherwise stated below, the liability of the provider (e.g. for loss of profit, loss of data or interruptions or errors in the operation of the portal) – regardless of the legal grounds – is excluded.

7.3 As far as the liability of the provider is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.

7.4 The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence. If the provider negligently breaches a material contractual obligation, the obligation to pay compensation is limited to the damage typically incurred.

7.5 In the event of a claim against the provider due to possible infringements of rights and/or violations of third-party rights by actions undertaken by the user in connection with the use of the portal, the user shall indemnify the provider against all third-party claims arising from such actions. In addition, the User undertakes to reimburse all costs incurred by the provider resulting from such third-party claims. The reimbursable costs also include the costs of an appropriate legal defence.

8 Data protection

8.1 The use of the portal requires the collection, processing and use of personal data by the provider. The current privacy policy is available at https://datenschutzakademie.com/privacy-policy-user-of-e-learning-platform/.

8.2 The provider guarantees that the system and the data transmitted by the user are sufficiently secured according to the current state of the art. However, external interference with the online platform cannot be excluded. In this respect, the liability provisions in section 7 apply.

9 Duration and termination of the contractual relationship

9.1 The duration and periods of notice of the individual contract are determined according to the respective details in the ordering process.

9.2 In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.

9.3 For the provider, good cause for termination of this contract is given if the user significantly violates his or her obligations under Sections 5 or 6 of these provisions.

9.4 Upon termination of the contract, authorization to use the platform ends, the access of corporate customers is blocked and data is deleted in accordance with the data processing agreement. Data of individual users will be stored for another three years after the end of the period of use of the course and continued non-use of the account and will be deleted thereafter.

10 Application of law, jurisdiction, final provisions

10.1 If parts of this contract are invalid in whole or in part, the validity of the remaining parts shall not be affected. In this case, the parties to the contract undertake to replace the ineffective agreement with one that is as close as possible to the purpose of the contract and is effective.

10.2 Changes to the contract must be made in writing.

10.3 The law of the Federal Republic of Germany shall apply exclusively. Place of jurisdiction is Kassel.