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e3 Terms of Use  (January 19 2021)

(1) Introduction

With the e3 learning platform, the Technische Universität Berlin offers students and employees as well as students and teachers from other universities in individual courses a platform on which study-related learning and communication offers are available.

When you use e3, the data you enter or collect will be processed. Some of them are personal and are therefore subject to the provisions of the State Data Protection Act and the State University Act. These require that users are informed about the type and scope of the collection of personal data as well as their further processing and use. By taking note of these terms of use, you consent to the data collection and processing described here (see data protection declaration).

You cannot use the offer of the learning platform without knowledge.

Technische Universität Berlin is entitled to change the terms of use at any time. In this case you will automatically be asked to expressly agree to the changed conditions.

(2) Use of the information

The access and usage rights granted to you on the learning platform are non-transferable and are only available to you. You are entitled to use the information available on the learning platform to the extent that is offered for private, non-commercial purposes, in particular for reading, downloading or printing.

The use of the information stored in e3 for other purposes is not permitted. In particular, the information may not be passed on to third parties, published or made available to third parties or the public in any other form. The information may therefore not be used in external postings in newsgroups, mailing lists, forums, electronic notice boards, etc., unless this is expressly permitted in individual cases.

Users with access to personal data (e.g. trainers) undertake to handle this data carefully on the basis of Article 6 of the EU GDPR and the Law on State Universities.

(3) Rules of Conduct

You are not permitted to publish pornographic, obscene, defamatory, slanderous, insulting, threatening, inflammatory or racist content on the learning platform that violates legal provisions. The posting of advertising of any kind, the dissemination of political or religious beliefs and the use of the learning platform for commercial purposes as well as the transmission of information that contain viruses, errors, manipulation or similar harmful elements are also prohibited.

(4) Content copyrights

The information, texts, images, videos, graphics, sounds and other materials contained in e3 are generally protected by copyrights that must be recognized and observed by all users. The Technische Universität Berlin is to be released from claims by third parties due to non-compliance with copyrights.

According to §60a UrhG, copyrighted works can be made available in small parts for teaching purposes in closed online offers (e3 course with access key). The teachers inform themselves in advance to what extent they are allowed to make copyrighted works available according to the current legal situation.

(5) Access ID & exclusion from use

You acknowledge that you are responsible for your ID and password for any use of e3, and you must ensure that your ID and password are protected from unauthorized use.

Please inform the administrators if you notice or suspect misuse of your access data. Your usage authorization expires if the learning platform with your access data is used in violation of these terms of use or in any other way to the detriment of the Technische Universität Berlin.

(6) Guarantee and product liability

The content of the learning platform is offered "as is" and "as available". No guarantee is given. The users expressly agree that the use of the e3 learning platform and its content is at their own risk. The Technische Universität Berlin does not guarantee that the program functions will meet the requirements of the users or that they will work together in the selections they have made.

The Technische Universität Berlin is not liable for damage caused by the use of the learning platform or its content or for legal violations on linked pages. The respective operators are responsible for linked offers from third parties.

(7) Legal responsibility

The Technical University of Berlin is legally responsible for the e3 learning platform (see legal notice).

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Data protection declaration for the processing of personal data in the e3 eLearning system from January 19, 2021

e3 is a free online learning management system that enables teachers to provide websites with dynamic learning content, enabling them to learn anywhere and anytime. e3 is based on the Moodle software and supports mutual communication and collaboration in forums, wikis, glossaries, databases and other activities. Users can provide their own texts and files. Users can use messages to compose private messages within one another. Via e3, teachers can follow the learning progress of the participants in their course, i.e. You can see what activities / tasks users have done and what responses and files have been submitted. Instructors can assign ratings manually and automatically.

(1a) Name and address of the responsible person

Technische Universität Berlin

The president

Professor Dr. Christian Thomsen

Straße des 17. Juni 135

10623 Berlin

Germany

 

Phone: +49 30 314-0

Fax: +49 30 314-23222

Email: pressestelle@tu-berlin.de

 

(1b) Name and address of the data protection officer

The data protection officer of the controller is:

 

Annette Freifrau Hiller von Gaertringen

Straße des 17. Juni 135

10623 Berlin

Germany

 

Phone: +49 30 314-21784

Email: k-3-ds@tu-berlin.de

Website: https://www.tu-berlin.de/asv/menue/datenschutz/

 

(1c) Name and address of the responsible person

Technische Universität Berlin

ide3a project leader

Andrea Cominola

Secretariat FSD

Straße des 17. Juni 135

10623 Berlin

Germany

 

Phone: +49 30 314-79707

Email: contact@ide3a.net

Website: https://ide3a.net

 

(2a) The learning platform is part of the course at TU Berlin

Processing is based on Article 6 of the EU GDPR, the State University Act, the provisions for general study and examination procedures at the TU Berlin (AllgStuPO), and the terms of use for e3.

(2b) Data processing in accordance with Article 6 Paragraph 1 Letter b of the EU GDPR

The data collected are processed to improve studies and teaching.

(2c) Scope of the processing of personal data

By registering with e3 (during the initial registration process) personal data of you is needed. This includes your first name, your last name, your e-mail address, your account status (active / resigned), whether you are studying or are employed. This data is compared with the information in the directory service each time the user registers.

From the start of registration, the data you enter and the data automatically generated when using e3 will be processed.

In e3, users can assume various roles:

 

·         Participants (students and employees who have registered for an e3 course)

·         Trainer (teachers and employees of the ide3a partner universities who lead or are responsible for a e3 course)

·         Administrator (e3 team)

Much of the data is entered by yourself. Other data are generated automatically or by the trainer through evaluations in tests and tasks. In addition, logs of your usage are automatically created on the server.

After you have logged into e3, you can view your personal profile at any time by clicking on your name. In your personal profile you can change some of the data displayed (all except first name, last name and e-mail address) and voluntarily add new data (e.g. contact options or a user picture). You can also make settings as to whether certain data (e.g. your e-mail address) should be visible to other users. Independently of this, your entries are visible to trainers and the e3 administration.

The e3 administration and the trainers working in e3 can send you messages via e3 to the e-mail address registered in e3. Depending on your use of e3, emails will be generated automatically and sent to your email address.

Trainers can define final terms for individual course activities, e.g. read / call up a page, write forum posts or perform a test. In an overview, trainers can see which users have met which qualification requirements.

Access to e3 and the input of data always takes place via an encrypted connection (HTTPS).

When setting up Zoom video conferences via e3, the email address stored in e3 and the e3 user ID of the teacher (host) who set up the video conference are sent to the external service or to the Zoom instance of the TU Berlin Posted. e3 does not transmit any personal information from normal course participants to Zoom. When you access Zoom, the usual technically necessary data is transferred from your own device (IP address). The data protection regulations of the service apply.

In order to provide videos, live streams and video chats, the associated data can be stored on servers that are rented from TU Berlin within the European Union. This takes place exclusively in the form of order processing in accordance with Art. 29 and 30 GDPR. The data include the logged data mentioned in (3a) and the video / audio data; For live streams, a chat history with first and last name along with the message. The chat history will be deleted after the end of a live stream on the external servers. The chat history is anonymized beforehand (without first or last name) and copied to the server in the computer center of the TU Berlin (in the rooms of the central campus management facility) and displayed in the course when the lecturer has started a recording of the Live stream. The viewer is shown whether a recording is taking place. The data logged on the servers are automatically deleted after 14 days and are not archived. The video / audio data of a video chat is not saved.

(2d) courses

You can register for courses in e3. These courses are usually assigned to TU Berlin courses. As a participant, you can cancel a course at any time. You can find the link to this in the corresponding course in the "Administration" block.

(2e) News from the classrooms

Notifications about forum posts (announcements from trainers and contributions from other participants) can be sent in the courses. In your personal profile you can choose how you would like to receive emails (e.g. individual emails or daily summaries). You can adjust this setting at any time in the profile.

(2f) Personal communications

e3 offers an internal system messaging service (Messenger). The messages sent via the messenger are stored in the e3 database. These are available until either the sender and recipient have deleted their respective copies or the user accounts have been deleted.

 

(3a) Logged data

e3 processes and stores the data about which users access which e3 content and at what time. The processed and stored data include:

·         The user account with which you log in to e3, including all data contained in the user account.

·         The IP address from which you are using e3.

·         Information on the browser used and the operating system.

·         Websites (URL) through which the user's system reaches our website.

·         The requested url.

·         The date and time of a call.

The data is stored in the log files of our system.

The legal basis for the temporary storage of the data and the log files is Article 6 (1) (b) GDPR.

The temporary storage of the IP address by the system is necessary so that the website can be transmitted to the user's computer. The storage in log files takes place in order to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

The collection of the data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is therefore no possibility for the user to object.

 

(3b) Access to data

The following table shows which groups of people have access to which data:

My data	are visible to:
	I myself	everybody	Other course participants	My trainer	administrator
Personal data
User name	Yes	No	No	Yes	Yes
First and last name	Yes	No	Yes	Yes	Yes
e-mail address	Yes	No	See (2c)	Yes	Yes
Optional profile data (user picture, city, country, description)	Yes	No	Yes	Yes	Yes
Course data
List of all registered courses	Yes	No	No	No	Yes
Contributions (texts / files) to course activities (e.g. forums, wikis, Etherpads) over time	Yes	No	Yes	Yes	Yes
Submissions (texts / files) over time, e.g. in assignments and tests *	Yes	No	No	Yes	Yes
Assessments (grades / feedback in assignments and tests)	Yes	No	No	Yes	Yes
Qualification requirement fulfilled	Yes	No	No	Yes	Yes
last access to the course	No	No	No	No	Yes
Other
Online status	Yes	No	No	No	Yes
Logged data from (3a)	No	No	No	No	Yes
Notifications (via Messenger)	Yes	No	No	No	Yes

 

* In the assignments Task, Test, Database, Mutual Assessment, Learning Package (SCORM) and Lesson, the trainer can also see the time at which a user submitted a submission in the respective course (to check whether a submission is within the submission period is finished). In tests, all cached answers are logged and are visible to the trainer.

The following data of other course participants can be viewed by all course participants: Last name, first name, email address (if activated by the user in the profile settings), voluntary information in the profile and contributions (texts and files) in course activities (e.g. contributions in forums, chats, wikis, ether pads, etc.).

 

(3c) Storage duration or criteria for storage duration

The personal data collected in e3 will remain stored in e3 until the end of the fifth calendar year after this data was collected.

Posts related to information from other users (e.g. that you write in forums, wikis, and Etherpads) may also be available at a later point in time when you are no longer active. At the end of the fifth calendar year after these posts have been created or after your user account has been deleted, anonymization takes place, i.e. The author of the post is called "Deleted". If the post still contains personal data despite anonymization, the users have the right to have the post deleted or changed in individual cases.

Examination achievements saved in e3 should be downloaded from e3 by the teachers of the respective courses in order to comply with the statutory retention periods for examination achievements.

If an e3 user account is deleted, all personal data will be deleted. Temporary e3 user accounts are deleted one year after account creation or the last renewal, unless a different period has been agreed.

The log data mentioned in (3a) will be deleted after 180 days. This deadline was chosen to be able to answer questions from students and examiners about the submission of exams or system malfunctions. Since these inquiries are often only made after the grade has been announced, the duration of one semester is chosen for the period.

(3d) data transfer

Personal data recorded in e3 courses will only be used to conduct the respective course and for the technical maintenance of e3. Subject to the statutory provisions, the e3 administration will not pass on any personal data to third parties or use it for purposes other than those intended.

 

(4a) User rights

·         Information from the responsible person about the data stored about you.

·         Right to rectification. If incorrect data is stored, you can adjust some of it yourself (profile data that you have recorded yourself) or ask the person responsible to do so. Those responsible will comply with the request provided the correction is justified and appropriate.

·         Right of withdrawal. You have the right to have data deleted that is actually incorrect or has no further purpose for the person responsible. There is no right to delete data if those responsible are obliged to store the data for legal reasons or due to other obligations (e.g. proof of instructions, proof of quality assurance, rights of use of copyright). The obligation to store data can also exist after termination of the employment relationship. There is also no entitlement to deletion if information was collected from you, does not contain any personal data and is related to information from other users (e.g. posts in forums, wikis and Etherpads).

·         Right to restriction of processing. Those responsible ensure that in the event of a restriction, the data are only accessible to those people who absolutely need to see the data. You can use pseudonymization and anonymization for this purpose.

·         Right to object. You can object to the further use of the data. This can only take effect in the future. The right to object is not an automatic obligation to delete the data for those responsible. If those responsible have storage obligations for other reasons, they will weigh this up and inform you. The objection may mean that you will no longer have access to e3 afterwards.

·         Right of withdrawal. You have the right to revoke your data protection declaration of consent at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until the revocation. If you withdraw your consent, you may no longer have access to e3.

·         Data portability. You are entitled to data that you have collected yourself in an electronic format that can be used elsewhere. The right is limited to data that is not subject to trade secrets and therefore may not be transferred to other bodies or affect the rights of others (e.g. copyright).

 

(4b) Right to lodge a complaint with a supervisory authority

Without prejudice to other administrative or judicial remedies, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged violation of the opinion that the processing of your personal data violates the GDPR.

The supervisory authority to which the complaint has been lodged informs the person filing the complaint about the status and results of the complaint, including the possibility of a legal remedy in accordance with Art. 78 GDPR.

The supervisory authority is:

Berlin commissioner for data protection and freedom of information

Friedrichstraße 219

10969 Berlin

Germany

 

Telephone: 030 13889-0

Website: https://www.datenschutz-berlin.de

 

Please speak to the person responsible or the data protection officer at TU Berlin first. In most cases, this helps clarify questions and resolve complaints.

 

(4c) Information on profiling

There is no profiling within the meaning of the General Data Protection Regulation. Tests, assignments and other requests to submit your own contribution to an e3 course can be the basis for a certificate. Tests are evaluated automatically. The test questions are technically compiled by people for each individual course and certificates are issued by the lecturers.

 

(5) consent

By registering and using the e3 system, you consent to the above-mentioned collection and processing of data, while you are familiar with these declarations. This consent can be revoked at any time by sending a written declaration to the e3 administration.