Moodle Hochschule München

Nutzungsbedingungen auf Deutsch

General terms and conditions of use for e-learning at HM Hochschule München University of Applied Sciences on the Moodle study platform (as of February 2021)

The following terms and conditions apply for all registered participants¹ in e-learning courses on the Moodle study platform of HM Hochschule München University of Applied Sciences, as well as for visitor access users. The use of the study platform has been approved by the data protection officer of HM Hochschule München University of Applied Sciences.

Registration

As a rule, to gain access to Moodle courses one-off registration on the Moodle study platform with the central university account data as well as registration for the respective course by way of an access key are required. Since the Moodle study platform is connected to the central university database (Identity Management) by way of an authentication procedure (Shibboleth), the personal access data (username and password) corresponds to that of the central university database and cannot be changed in Moodle. External users must apply to central IT for a guest account.
In the course of the registration procedures the following data, so-called user data, of a Moodle participant will be stored: username, first name and surname, email address, student number², ID number³, PersonScopedAffiliation⁴, institution⁵ and department⁶.

Voluntary use

As a rule, the use of e-learning courses on the Moodle study platform is voluntary. For pedagogical reasons the platform may be used as a compulsory component in elective subjects or compulsory elective subjects, provided that sufficient alternative offers are available.

Data protection

All personal data of participants collected in the course of registration shall be processed in accordance with the applicable data protection laws. This also applies for storage for a limited period of individual connection data for the study platform which is necessary for system-related reasons. Disclosure of the data to third parties is excluded unless the user permits this or the operator is obliged to surrender data on the basis of provisions of law. All registered participants may at any time request in writing information from HM Hochschule München University of Applied Sciences on the personal data concerning them stored on the study platform or that all their data be erased. Should you use your central university account for logging in to Moodle, only the user data stored in Moodle (i.e. your personal profile data) will be erased and not the central university account. Excluded from the erasure are contributions published by Moodle participants in forums, chats, blogs, wikis etc. / files made available by them for accessing, which will remain available until the respective Moodle course is erased.

Type of stored data

Following registration on the study platform, besides the user data additional data voluntarily entered⁷ by the participants from the moment of registration and/or data that arises in the course of use, so-called usage data, will be electronically stored in a database; this includes both automatically generated information and information entered by the participants.
The time when you access components of the study platform and which components you access and the activities you participated in will also be logged. Neither course moderators (e.g. in the role of “trainer”) nor other course participants (e.g. in the role as “participant”) shall have access to those log files and the database.

However, depending on the settings of the respective activities, personal contributions concerning activities⁸ and in forums, wikis, blogs or tasks etc. will be visible in the course room. That data may be used by the teacher (in the role of “trainer”) for teaching purposes only and may only be used by course participants (in the role of "participant”) for study purposes related to the course insofar as this is necessary for the performance of tasks and, with due consideration for the principle of data economy, the data processing is proportionate to the purpose associated with it.

The persons entrusted with the technical management of the Moodle platform (e.g. in the role of “administrator”) and the database and web server shall have access to all the personal data stored in the system. They may only process that data insofar as it is necessary to ensure the operation of Moodle.

In addition, the Moodle study platform uses two types of cookie.

1. MoodleSession (session cookie): this cookie must be permitted so that when you access Moodle the login is retained from page to page. After you log off or close the web browser the cookie is erased.
2. MoodleID (login cookie): this cookie is used for greater convenience of use; it stores the username in the web browser. The cookie is retained after you log out of the e-learning system, so that when you next log in your username will already be entered. This cookie need not permitted as a mandatory requirement.

Visibility of users e-mail addresses

The email address provided by the Central Identity Management of HM Hochschule München University of Applied Sciences or entered by a user him/herself (required field) will be specified in system notifications triggered by actions of the user, and will therefore be visible for the recipient of such system notifications and may be further used by him/her for communication. Such a system notification to a user shall, for example, be triggered by sending messages via the Moodle internal message management.

New from 19 February 2021: As a rule, a user’s email address is always visible for teachers (in the role of “trainer”). Other course participant (e.g. in the role of “participant”) may see the email address if it has been activated by the user in the profile settings.

General obligations of users

Upon registering the user is granted a simple, non-transferable right to use this study platform. Memory space provided to the user may only be used to store the created content. All users are obliged to treat the data of other users accessible to them as strictly confidential and, as a rule, refrain from passing it on to third parties without the written consent of the data subject. This particularly applies for the names and email addresses of other users registered in the system. This study platform serves the exclusive purpose of preparing and carrying out Moodle courses at HM Hochschule München University of Applied Sciences and communication between students and teachers. Any other use of the platform, e.g. for other private and/or commercial purposes, is prohibited. All users are obliged to comply with the provisions of law, particularly the provisions of copyright law and data protection regulations. If users set up links to external websites, they must ensure in advance that the linked external websites do not have any unlawful content.
As a rule, all users are prohibited from doing the following on the study platform:

• altering, erasing or suppressing data or rendering it unusable without authorisation and/or using it otherwise than for its designated purpose.
• distributing, in particular, materials of unconstitutional organisations or their ideology.
• making injurious, offensive or defamatory statements concerning other persons.
• damaging the reputation of HM Hochschule München University of Applied Sciences.

Special obligations of teachers

Teachers in compulsory classes may not compel their students to use the study platform. In general it is assumed that a requirement to download a script is reasonable. However, participation in other interactive activities such as forums, tests or feedback may not be forced on students, unless the subjects in question are elective subjects or compulsory elective subjects with a sufficient number of comparable alternative teaching offers.
Data relevant to examination regulations may not be stored exclusively in Moodle. Moodle has no archive function, but rather certain participant-related data is ascribed to the registered participant. If the participant logs out of the system or is erased, for example due to exmatriculation, from the Central Identity Management and therefore also from the Moodle database, certain participant-related data will be lost⁹. Teachers may, for the purpose of compliance with the storage period for data relevant to examination regulations, make a print-out of that data or request a back-up copy including the participant data from the platform administration.
Courses which are inactive for more than 18 months (i.e. neither the course trainer nor students have accessed them) will be automatically erased without a prior notification! The platform administration therefore recommends that all course moderators access all courses which are not supposed to be erased once each semester in order to ensure that they remain active and are not captured by the erasure routine.

Handling of copyrights

Works capable of copyright protection or parts thereof, such as course materials, templates, excerpts from other works, photographs etc., which are used in the Moodle course and/or are created explicitly for a course room may not, as a rule, be used outside the course room or passed on to third parties.
This particularly applies for teaching and study materials which have been created by course moderators and contributions capable of copyright protection which are authored by the participants either individually or jointly within the framework of a Moodle course.
Passing these items on to third parties and/or using them outside the Moodle platform of HM Hochschule München University of Applied Sciences is explicitly only permitted with the author’s written consent. However, all users declare that they expressly agree that all contributions personally created by them, irrespective of their protectability under copyright laws, may be used for the purposes of the course.
The university reserves the right to finally erase Moodle courses and all their content at the earliest one year from the end of the course.

Exclusion from use

In the event of serious and/or continued violations of these terms and conditions of use, the users in question may be temporarily or permanently excluded from the use of the study platform. In principle, the administrators of the Moodle platform and the university Executive Board have the right to exclude users. As a rule, temporary or permanent exclusion of a participant must be preceded by a request to cease the conduct being the subject of the complaint. Only if the user in question then fails to clearly adjust his/her behaviour may the administration or Executive Board declare an exclusion.
Already excluded users may be readmitted if it is ensured that they will refrain from the misconduct in the future.
Users who have not been active on the study platform for a period of over 163 days shall be erased from the system following a notification by email.

Liability

In the event of a culpable violation by the user of statutory obligations or the obligations provided for in these General Terms and Conditions of Use, the user shall be liable in accordance with the provisions of law. HM Hochschule München University of Applied Sciences as the operator of the study platform is only liable for breaches of obligation due to gross negligence or intentional misconduct. This also applies, in particular, for damage to technical devices of a user of the study platform that he/she incurs as a result of downloading materials or software or other transactions.

Amending the terms and conditions of use

HM Hochschule München University of Applied Sciences reserves the right to amend or supplement these terms and conditions of use with effect for the future. HM Hochschule München University of Applied Sciences shall have the right to make decisions in an individual case through which these General Terms and Conditions of Use are fleshed out or extended. Amendments to these terms and conditions of use must be announced in writing on this study platform, with a reference to the website on which the current terms and conditions of use can be accessed.

Data protection declaration

I have familiarised myself with the terms and conditions of use and the information provided under data protection laws. I hereby acknowledge the terms and conditions of use. I understand that for the purpose of participation in Moodle required personal data will be processed.
I agree to the processing of the data recorded by me in the “personal profile" and the contributions published by me under my name as well as to the use of the files provided by me within the framework of the Moodle course. I understand that I may withdraw this consent at any time by sending an email via the ticket system portal.hm.edu/e-learning/support/ to the team of the E-Learning Centre.

Controller

HM Hochschule München University of Applied Sciences

General terms of use for E-learning using the Moodle learning platform at Munich University of Applied Sciences by E-Learning Center der Hochschule München is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

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¹ In this document the male and female form are not always used. Wherever, for the sake of simplicity, the male form only is used, the female form is also meant.
² Only applies for members of the university; the data originates from the Central Identity Management. Students may not view student numbers of other students.
³ Indicates status as a member of HM Hochschule München University of Applied Sciences. Applies for members of the university only; the data originates from the Central Identity Management.
⁴ Indicates status as a member of HM Hochschule München University of Applied Sciences. Applies for members of the university only; the data originates from the Central Identity Management.
⁵ The data originates from the Central Identity Management.
⁶  The data originates from the Central Identity Management.
⁷ For example a profile photo, interest fields, own website or telephone number
⁸ For example a forum contribution could be posted so that it is visible for all participants, a task submission submitted so that it is visible for trainers only or a survey published in the course which does not disclose the participants.
⁹ So-called own usage data such as voting results is erased upon deregistration/erasure of a participant. So-called usage data passed on by the user, such as feedback participation, database entries, test results, forum entries and glossary entries are retained.