atingi
Terms of Use for the Open Learning and Teaching Platform “atingi” provided by Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH (November 2019)

By registering, you accept the following terms of use. Your registration creates a contractual relationship between you and the GIZ, which enables you to use the atingi learning platform. This contract grants you usage rights of the atingi platform that cannot be transferred to another person.


1. Subject of the contract
The subject of the contract is the access to and the use of the learning platform atingi.
atingi is a learning platform operated by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH. Access to its content is only possible for registered persons.
This learning platform offers courses for further education and exchange possibilities between the registered persons or between the registered persons and the tutors.


2. Context
The platform atingi (hereinafter referred to as atingi) is implemented by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH on behalf of the Federal Ministry for Economic Cooperation and Development. atingi provides digital learning content in the context of international cooperation jointly with its partner organisations. The learning opportunities are intended to support learners in gaining competences in various subject areas and thereby improve their employability.


3. Target groups
The platform atingi is open to everyone. It offers open educational resources in various formats to the interested public.


4. Costs
This service of atingi is provided free of charge.


5. Technical specifications
The system environment consists of a database in which courses, user data, the program code and uploaded files are stored. Access to these backend systems is exclusively granted to the system administrators of atingi. Users without administrator rights can access the data and material only via the frontend functions of the platform.


6. Access / registration
An initial registration is mandatory before being able to access atingi. The self-registration on the platform will include the surname, first name and email address of the user. Users are free to use fictional names. When using a fictional name, users should note that certain offers on the platform, such as certificates, are invalid. The self-registration can only be completed by confirming the email address in an email sent by the platform to the email address specified by the user. This email contains an activation link. By clicking on the link, the user account is activated and further data is requested to complete the user profile and a password must be entered and confirmed. The consent to the Terms of Use is necessary for the completion of the self-registration and is also stored. Upon consent, the offer of atingi can be accessed. The courses are only accessible to registered users of atingi. By registering and accepting the corresponding checkbox, these Terms of Use are accepted. Accounts without confirmation will be deleted.

There are different types of course formats available on atingi. Access to the different course types on this platform may be based on additional roles and rights for these courses. The course types are:


a) Public courses
For public courses self-enrolment is allowed. Everyone who owns a registered account can attend by enrolling in the course and starting the learning offer. These courses are typically self-paced and not guided by a tutor.


b) Closed courses
For closed courses, a prior invitation may be necessary. The tutors either enroll the students manually or provide a secret key for self-enrolment. For closed courses, it may be necessary to use correct full names. Closed courses are typically instructor-led, have a maximum number of participants, and are scheduled for a specific time period. They may require prior knowledge and/or physical presence at a specific location.


7. Use of the Information and Privacy
Access to atingi is only possible for registered users. Registration is either self-registration or manual registration by atingi administrators and/or tutors. Data within courses is only visible to enrolled students and teachers, to managers and to administration staff of atingi. Personal data will not be forwarded to third parties.


a) Personal data within the user profile
During self-registration, users choose their own username and password. It is also necessary to provide first name and last name and a valid email address. However, first name and surname can be chosen freely. That means that the participation with a pseudonym is possible.

For some closed courses, real names are mandatory (see chapter 6. b). It is possible to edit first name and last name of an existing account to allow participation. After changing the name, the new name will be displayed in all courses of the platform and in the user profile. To provide the services of atingi, the user profile of atingi requires personal data.

As soon as users start the registration process, all data provided or generated by virtue of the registration process, is processed. Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data. All personal data fall under the strict provisions of the German Datenschutz-Grundverordnung (GS-GVO), the German Bundesdatenschutzgesetzt (BDSG) and all other generally applicable regulations and legislation. These provisions provide a strict framework for storing and processing personal data and preventing the misuse, including unauthorised access, unauthorised transfer of data to third parties or any other unauthorised processing.

In order to register for atingi and to make the best use of the platform and its services, the following personal data is required:

Gender
Appropriate addressing of users as well as anonymised analysis options in terms of gender

Name (first name surname)
Personalised form of addressing users as well as issuing personalised certificates

Date of birth
Verification of legal age of maturity

Email address
Contact and notifications

Country
Customised course offering depending on the country

Region
Customised course offering depending on the region

Level of education
Customised course offering depending on the level of education

Employment status
Customised course offering depending on the employment status

User name
Personalised accounts

Time zone
Correct display of appointments


b) Other personal data
All actions undertaken while using the platform will be stored in a way that allows tracing back which account contributed the posts or answers or undertook certain actions. This information can be related to a real person if the real name is provided in the user profile. Furthermore, log data will be stored. These include the IP number of the computer, which was used to contribute posts, answers or undertake other actions as well as the username and the time when the action was undertaken. In order to adapt the course offerings to the users, the registration data will also be analysed in an anonymised form.


c) Visibility of personal data
After registration, users can revise their profile at any time and edit the data provided during the registration. Registered users can also use a profile picture for their profile, which is visible to other users. The personal data provided cannot be viewed by other users. Users can only access their own profile. Users can post comments in course-specific forums and ask questions to the tutors. It is possible to draw conclusions about the real person in that case. All posts published by users in course forums are saved in such a way that the authoring users can be traced back. The contributions can be viewed by other users who also attend the course, tutors and administrators. Tutors can edit or delete every posting at any time, e.g. if students violate the terms of use. Every posting contains the (freely chosen) registered name of the author. All entries made by users in forums remain available even after the end of the contract between this user and GIZ GmbH, given that these are not deleted before given the reasons mentioned above.


d) Reports, Log Data and its security
Log data for the last 12 months is visible to the administrators. Additionally, administrators do have access to the database to trace back which user contributed certain posts or undertook certain actions in case of improper use or use of abusive language. Other participants do not have access to the data. These data cannot be seen by the other participants or tutors.
On the basis of log data several reports are computed that are visible for tutors in the corresponding course.


e) Detailed description of roles and rights

Administrator and Account owner
Administrator and Account owner own all rights on the website in all courses. Only members of the atingi team from GIZ get this role.

Team administrator
The team admin / leader role is given to partners pending prior clearance by GIZ. They are responsible for a course category in atingi. A course category is the sum of courses that belong to a certain subject matter or region. Team administrators can create, edit, move and delete courses in their course category. And they can enter and edit all courses in their category. Team admins and leaders can rate the students of their course.

Tutor
The tutor role is given to responsible instructors for a particular course. They are allowed to design the course, the course materials and activities. Tutors can furthermore schedule sessions and document the attendance of sessions.

Learner
The learner role is given to registered users of a particular course. Team admins and leaders can decide, whether students can register themselves, are enrolled manually or whether they need a secret enrolment key. Students can read and download within a course and they can write in forums and activities if specified by the team admin or leader.


f) Reports
Team administrators can monitor the learning progress by extracting standard reports. The standard reports provide the following information:

Course activity
General information on how often which activities were undertaken and which contents were viewed.

Individual activity
For a given material or activity, e.g. a forum, team admins and leaders can see who of the learners used it and how often they used it. They can also inspect assessment results.


8. Course content and responsibility
It is prohibited to disclose, share or sell any personal data of other users to third parties without explicit prior consent of the user.

By agreeing to this contract, users consent to keep the personal data of other users confidential. Users also consent to follow all legal provisions and especially the regulations for data protection.

GIZ reserves the right to terminate, cancel or postpone a course at any time as well as modifying the course format and content. Additionally, GIZ reserves the right to terminate the digital services of the atingi platform given a prior notification to the users of the platform.

The atingi platform as well as all offered services, content and files may only be used for training and education purposes without any commercial, private, religious or political use. Content underlying the Creative Commons license is excluded from this provision.

It is prohibited to post any content, files or data that violate legislations. This particularly applies to racist, violence-promoting, abusive and pornographic content or any other content that violates existing legislations. If users post links to external websites, it is their responsibility to check that the content on the external website does not violate this provision.

The use of the platform for the provision or exchange of copyrighted content, such as images, audio or video material, is prohibited. Furthermore, any links to external websites with illegal content are prohibited. In principle, any use of published material protected by copyright requires the permission of the respective copyright holder. If a user disregards the rights of third parties within the scope of the use of the atingi learning platform, he must fulfil the injunctive relief or claims for damages asserted by these third parties.

Any user who uploads, transfers or otherwise uses third party materials or materials on the platform atingi ensures that such material is either free of rights of third parties or that the use is approved accordingly or otherwise permissible. This applies in particular to teaching material published by the learning platform atingi.

As a service provider, the GIZ is responsible for its own information according to §§ 7, Abs.1 und 2 TMG, which it makes available for use. According to §§ 8 TMG, there is no responsibility for the information provided by participants in the courses offered on the atingi learning platform or for the content provided by other providers to which reference is made via hyperlinks.

Users undertake to be liable for damages caused by them, indemnify GIZ against all claims arising from the infringement of the rights of third parties and reimburse GIZ for all costs incurred in this context for legal defense measures or due to sanctions imposed by state authorities.

As soon as users culpably breach legal obligations and provisions enshrined in laws or in these terms of use, they shall be liable in accordance with the generally applicable statutory provisions.

GIZ reserves the right to exclude users from access to the atingi learning platform in the event of serious violations of the terms of use stated here. In this case, the contract with users will be terminated and they will not be able to conclude a new contract for a period of 5 years.


9. Update of terms & conditions
The users will be informed about updates of the terms and conditions via a notification in the atingi platform.


10. Deletion of accounts and data
Users can terminate their access to the atingi platform at any time by sending a deletion request to the administrator of atingi. Upon account deletion, the contract with GIZ also terminates. Furthermore, after 13 months of inactivity, users will be sent a notification. If the users remain inactive for an additional period of 6 months after the first notification, the account and the contract will be terminated automatically. By ending the contractual relationship, the account of the user will be deleted and the user cannot access the atingi platform anymore. As a consequence, courses that the user has started but not yet completed will not be available to the user anymore.

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