2. DESCRIPTION OF SERVICE
The Platform is the result of the cooperation between SISU Consulting Group’s Learning Management System, its subcontractors and/or network of universities, professional organizations, and professionals that have or will provide high quality educational content. In the present Terms, “Content” means any and all content made available by SISU Consulting Group’s Learning Management System and/or its partners, contractors, licensors, suppliers or subsidiaries through and in relation to the Platform, including but not limited to, information, lectures, videos, images, audio, texts, scripts, graphics, sounds, music, audiovisual combinations, interactive features, data, software, and the selection and arrangement thereof.
The Platform provides functionality that may allow users (“You”) to:
access, enroll in, follow, take, observe and/or attend massive open online courses, online seminars and/or related services, including but not limited to, newsgroups, bulletin boards, forums, mailing lists; undertake, take, and/or re-take exams, quizzes, questionnaires; obtain certificates and or diplomas;
access a dedicated area to create and customize courses and/or upload content (“Your Content”) that may include information, lectures, videos, images, audio, text, scripts, graphics, sounds, music, audiovisual combinations, interactive features, data and any other content to be hosted by SISU Consulting Group’s Learning Management System; connect with contractor instructors who provide live and recorded lectures, workshop, demonstrations, instructions, tutoring; and/or access and use other e-learning resources.
Your use of the Platform requires a successful registration and the creation of an account. Registration to the Platform is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Platform, You hereby represent that You are over 18 years of age, an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, You hereby affirm that You are over the age of 14 as the Platform is not intended for children under 14. If You are under 14 years of age, do not qualify or agree to these terms, You are not allowed to use the Platform.
5. SUBMISSION OF YOUR CONTENT TO SISU CONSULTING GROUP’S LEARNING MANAGEMENT SYSTEM
6. YOUR USE OF THE PLATFORM
Pursuant to these Terms & Conditions,SISU Consulting Group’s Learning Management System grants You a limited, non-exclusive, revocable access to the Platform, solely for personal and non-commercial purposes, in the respect of the present Terms and in particular under the following conditions:
You may not, under any circumstance, alter, reproduce, modify or circumvent any component of the Platform or the Content, attempt to do so, or assist any other person to do so; You may not launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” “virus”, “worms”, “Trojan horse”, having the purpose or effect to detrimentally affect the functioning of the Platform; You may not collect, solicit or use any personal data, including account names or login information from the Platform; You may not distribute, commercialize, transmit, license, copy, reproduce, publicly display, create derivative works from, or lease any Content without theSISU Consulting Group’s prior authorization; You may not use the Platform for commercial or advertising purposes, or in any manner implying an association between a third party, or a third party’s product and services, and SISU Consulting Group’s Learning Management System, without the prior written consent of the SISU Consulting Group; You may not use, or attempt to use, the Platform’s functionalities to defame, harass, or threaten, other users or entities or to commit any unlawful act; Your access to the Platform requires one or more compatible devices, Internet access and certain software and update thereof. Your ability to use and access the Platform may be affected by the performance of such materials and You agree that any actions in this respect are under your responsibility; You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Platform, as well as for obtaining and maintaining all telephone, computer hardware, web camera and other equipment required for such access and use; You may not transfer your account to any other person and You may not use anyone else’s account at any time without the express permission of the account holder and SISU Consulting Group’s Learning Management System. In cases where You have authorized or registered another individual, including a minor, to use your account, You are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Platform; and (iii) the consequences of any misuse. You may not post or otherwise make available on the Platform any Content that is unlawful, discriminatory, pornographic, obscene, defamatory, hateful or which depicts dangerous or illegal acts or which is otherwise contrary to bona mores and You may not post and/or disclose private or confidential information via the Platform, including, without limitation, your or any other person’s credit card information, social security numbers, non-public phone numbers or non-public email addresses; You may not use, or attempt to use, the Platform functionalities for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Platform and Your Content.
You agree that part of the Content provided to You through the Platform will originate from partners or other users and that such Content may contain the personal opinions and other expressions of their authors, which are neither reviewed, nor condoned by SISU Consulting Group’s Learning Management System. Moreover, despite the SISU Consulting Group’s efforts to provide only accurate information, the Platform may contain technical or other mistakes, inaccuracies or typographical errors.SISU Consulting Group does not monitor, moderate, approve and/or screen all of the Content posted or made available via the Platform or otherwise in connection with the Platform. Accordingly, SISU Consulting Group’s Learning Management System does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Platform, You may be exposed to Content that You consider offensive, indecent, objectionable, or that may contain viruses or malware unknown to SISU Consulting Group’s Learning Management System. By accessing or using the Platform You expressly agree that SISU Consulting Group’s Learning Management System and its partners cannot be held responsible or liable for the Content of the Platform.
8. COPYRIGHT POLICY
Unless otherwise indicated, all Content (other than, subject to the licenses granted herein, Your Content and other users’ Content) is the property ofSISU Consulting Group’s Learning Management System and/or its partners or contractors including but not limited to any copyrights, trademarks, service marks, patents and/or other proprietary rights and laws and all rights are reserved. Accordingly, You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. No part of the Platform may be reproduced by any means be it electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of SISU Consulting Group’s Learning Management System.
You agree to indemnify and hold harmless SISU Consulting Group’s Learning Management System, and its subsidiaries, affiliates, directors, officers, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to the Platform, your violation of the Terms & Conditions, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations. Under no circumstances will SISU Consulting Group’s Learning Management System and its partners (including their respective directors, employees, content providers, agents and affiliates) be liable in any way for (i) any errors or omissions in any Content, or for any loss or any damages of any kind arising from your use of the Platform or its Content, or the unavailability of the same, including, but not limited to loss of Content, lost profits, and direct, indirect, incidental, punitive and consequential damages, and/or any damages incurred as a result of or in connection with any cessation of transmission to or from the Platform, any bugs, viruses, or the like which may be transmitted to or through the Platform.
10. SISU CONSULTING GROUP’S RESERVATION OF RIGHTS
In addition to all other legal remedies available to SISU Consulting Group’s Learning Management System, You acknowledge that SISU Consulting Group’s Learning Management System has the right to remove Your Content from the Platform and/or refuse to include Your Content in the Platform, suspend, deactivate and/or terminate your account or refuse to grant You access to any current or future use of the Platform, with or without warning, ifSISU Consulting Group’s Learning Management System, in its sole discretion, believes You have: (i) violated or tried to violate the rights ofSISU Consulting Group’s Learning Management System or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Terms & Conditions, and/or SISU Consulting Group’s Learning Management System Privacy Policies, as may be modified from time to time and/or any applicable laws or regulations.SISU Consulting Group reserves the right to modify the Platform and/or discontinue or terminate its availability at any time.
12. INVALIDITY OF SPECIFIC TERMS
If any provision of these Terms & Conditions or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
13. GOVERNING LAW AND JURISDICTION
We consider the privacy and the protection of the data we use as a very important matter, and we do our best to comply with the local regulations in this field. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR).
1. COLLECTION AND PROCESSING OF PERSONAL DATA AND INFORMATION
In general, You can visit the website without providing personal information. However, information is generally requested when you wish to take part in certain activities available on the Platform. In such cases, you may be invited or required to provide information about yourself such as full name, country of residence, nationality, photos, driver’s license, government issued identify document, home address, email address, and/or chosen password. By providing SISU Consulting Group with your personal data, you expressly authorizeSISU Consulting Group, its partners, subcontractors and/or affiliates to collect and subsequently process such data in accordance with the terms defined herein.
Account registration: if you register for an account on our Platform, you may be required to provide us with personal information such as your name and email address.
Communications with SISU Consulting Group: we may receive personal information when you send us an email message or otherwise contact us.
Data controller or controller responsible for the processing: the data controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data subject: data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Forums: SISU Consulting Group provides forums in every subject where you can share comments and thoughts.
Government authorities, legal rights and actions: SISU Consulting Group may share your personal information with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your personal information when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of SISU Consulting Group, the platform, our users, customers, or others.
Identity verification: SISU Consulting Group may offer you the ability to verify your identity. In order to enroll for these services, you may be required to provide us or our third-party identity verification vendor personal information such as your name, address, date of birth, a headshot taken using a webcam, and a photo identification documents.
SISU Consulting Group business partners: we may share your personal information with SISU Consulting Group partners. Those partners may include but not limited to server providers, programming services and course management entities. We use various service providers, vendors and contractors to assist us in providing our services to you. Our contractors may have limited access to your personal information in the course of providing their products or services to us, so that we in turn can provide our products and services to you. These contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the platform. Access to your personal information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
Participation in online courses: SISU Consulting Group offers users the opportunity to participate in an online course in the Platform. If you desire to participate in a course, you will be asked to provide us with certain information necessary to conduct such a course. This information may include, among other things, your name and email address. If you participate in an online course, we may collect from you certain student-generated content, such as assignments you submit to instructors, and student feedback. We also collect course data, such as student responses to in-video quizzes, standalone quizzes, exams, and surveys.
Personal data: personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to that person.
Processing: processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party credit card processing: SISU Consulting Group may provide you with the ability to pay for online and other services using a credit card through a third-party payment processing service provider. Please note that our service provider – not SISU Consulting Group – collects and processes your credit card information.
You also agree that SISU Consulting Group may implement an automatic tracking process gathering anonymous information, such as browser type, operating systems and the date and time of access when you use the Platform to help improve the content of the Platform, to customize the Platform for our visitors and to learn more about them and how they use the Platform.
2. DATA CONTROLLER
The data controller for all purposes related to data protection is:
SISU Consulting Group
Registered office: Tualatin, Oregon
4. RIGHT OF ACCESS
At any time, you may request access to your personal data and to request a correction of any erroneous or incomplete data about you by contactingSISU Consulting Group at the following address sisulms.com. You can also update your personal data at any time by accessing your user account. It is your responsibility to verify that your personal data is accurate and updated. In case, you notice that some of your personal data is inaccurate or obsolete, it is your responsibility to notify SISU Consulting Group.
5. PURPOSE OF THE COLLECTION AND PROCESSING OF PERSONAL DATA
1. registration for your use of the Platform;
2. allowing your participation in the courses, exams and/or programs offered via the Platform;
3. authenticating or verifying Your identity;
4. allowing you to interact with other users of the Platform and post user-generated content on the Platform;
5. maintaining and developing the Platform;
6. compiling statistics in order to improve the quality of the services offered to users; and/or
7. other purposes as defined from time to time.
6. COLLECTION OF PERSONAL PHOTOS
You hereby expressly acknowledge that, in order to complete courses and obtain certificates, You might be requested to allow the Platform’s software to access your webcam and take pictures of yourself in the act of taking courses, questionnaires and/or tests. This monitoring functionality is exclusively aimed at guaranteeing the integrity, credibility and security of your exams. The course instructors, teachers and/or other professionals have the right to access and check these photos in connection with your exams. SISU Consulting Group will retain your photos only as long as necessary for the purposes stated above.
7. HOSTING AND TRANSFER OF PERSONAL DATA
SISU Consulting Group is based in Tualatin, Oregon and all personal data you submit toSISU Consulting Group will be hosted in that State. By registering to the Platform, you accept that SISU Consulting Group may transmit your personal data to its subcontractors, including outside of the State of Oregon, ifSISU Consulting Group deems it necessary for the purposes mentioned in Article 5. SISU Consulting Group will take all necessary measures to ensure that the receiving entity has agreed to keep your data confidential and secure. If the level of privacy protection in a state/country does not comply with internationally recognized standards, SISU Consulting Group will ensure that data transfers to databases in that country are equally protected and that a transfer of data to third parties in such countries does not occur. SISU Consulting Group and its subcontractors reserve the right to release your personal data if required under law to do so or based on the good-faith belief that such release is necessary to comply with applicable legislation.
8. DATA SECURITY
The server that stores information, including your personal information as well is located in XXX.
9. DATA RETENTION
SISU Consulting Group will retain your personal data only as long as necessary for the purposes set forth under Article 5 above. Please note that data may be kept for a longer period of time exclusively for mere statistical purposes and SISU Consulting Group shall use anonymous data wherever possible.
SISU Consulting Group will not engage in spamming and will not authorize the use of your personal information for commercial or advertising purposes by third parties, except with your express consent. Where we believe that certain information about theSISU Consulting Group is of importance to you, we inform you by e-mail whilst giving you the choice of opting out of such service.
Effective: 25 September 2018