Terms of Service
Version dated 20th October 2023
§ 1 Purpose of the Offering and Scope of this Terms of Service
(1) wilkon Academy GmbH & Co. KG, Ulmenstrasse 52d, 90443 Nuremberg, Germany, VAT ID: DE294501291, Commercial Register: Local Court Nuremberg HRA 16787, Managing Director: Markus Endres, hereinafter referred to as 'wilkon.academy', personally liable partner being wilkon Akademie Verwaltungs GmbH, HRB30360, operates this Learning Management System (LMS) to provide digital or digitally-supported educational services online to our customers, their employees, external partners, and employees of wilkon e.K., wilkon Systems GmbH & Co. KG, and wilkon Akademie GmbH & Co. KG via the URL https://lms.wilkon-academy.com or URL https://training.wilkon.de and to make them accessible through a unified platform. This Terms of Service govern the use of this LMS.
(2) This LMS is provided exclusively for the purpose of learning and teaching, conducting or participating in examinations and certification tests. In certain educational offerings or courses within the LMS, your learning progress is assessed based on the materials you interact with, and certificates, badges, and competence profiles are generated as evidence of acquired knowledge and skills. Any other use is not permitted.
(3) This Terms of Service applies to all users of the LMS.
§ 2 Eligibility and Time Limitation of Use
(1) You are eligible to use the system if you have received the corresponding credentials or details for your self-registration from wilkon.academy. Eligible individuals include wilkon employees (hereinafter "wilkon employees"), participants in face-to-face and hybrid courses enriched with digital teaching materials, users of our pure online learning offerings, participants in certification exams, as well as freelance trainers, instructors, and tutors. Individuals belonging to institutions that have entered into cooperation agreements for LMS usage are also eligible.
(2) Generally, the use for the user groups mentioned above is time-limited.
- wilkon's own employees:
Access to the LMS will be deactivated upon termination of employment at wilkon e.K., wilkon Systems GmbH & Co. KG, or wilkon Akademie GmbH & Co. KG. User accounts will be deleted within 90 days after deactivation.
- Freelance employees of wilkon.academy:
User accounts will be deactivated after the freelance collaboration ends. User accounts will be deleted within 90 days after deactivation.
- For customers who have purchased learning offerings in our shop:
Unless otherwise specified in the respective offering, access to the LMS will be available for 2 years (730 days) from the first day of the specific event for face-to-face events, hybrid events, or purely live online events enhanced with digital supplements in the LMS. For pure e-learning offerings, the key date is the day the access data for the LMS is transmitted. After this period, the user account will be deactivated, and within a maximum of one more year (365 days) deleted. Access to the LMS and the purchased resources can be extended by booking another course at a later date.
- For cooperation agreements with external customers and partners:
Different rules for the validity and deletion periods of user accounts belonging to the respective organization can be agreed upon through framework or cooperation agreements for LMS provision.
(3) If our learning offerings, courses, or certification exams were not purchased by you personally but by third parties, e.g., your employer or an external educational institution, you are responsible for finding out the start and end of the usage period. Either these timeframes are outlined in the specific courses you have booked, or you can make an inquiry by email at booking@wilkon-academy.com.
(4) There is no fundamental entitlement to reactivation or extension without booking of additional educational offerings from wilkon.academy. Upon deletion of the user account, all personal data will also be deleted (see the following privacy policy).
(5) Except for any fees agreed upon in framework contracts for LMS provision or the prices for individual educational offerings or certification exams that entitle you to use the LMS, the use of the LMS itself is free of charge.
§ 3 User Responsibilities
(1) All access data, especially the username and password, must be kept confidential. You are responsible for ensuring that unauthorized third parties do not gain access to your password. If you suspect that unauthorized third parties have obtained access to your access data, you must inform wilkon.academy as soon as possible. Additionally, the password should be changed as soon as possible.
(2) During registration or initial login to the system, you are required to provide a series of mandatory information. Without this mandatory information training operations, the use of educational offerings, and the execution of certification examinations is not possible. It is your responsibility to keep this information up to date at all times. You can update the data in your profile at any time. A change of the username is only possible via wilkon.academy's technical support.
(3) In your profile settings, you can specify which information is also accessible to other users (e.g., other learners in a course, etc.). If the information is not shared, it is solely used for the proper execution of training and certification operations by the wilkon e.K. team (for the training of internal wilkon employees), wilkon Akademie GmbH & Co. KG (organizational and content support for the entire training operation), and wilkon Systems GmbH & Co. KG (technical support of the system). Furthermore, the freelance trainers, moderators, and tutors employed by wilkon, within the scope of course execution and support, can access this data, as can tutors and course administrators of external customers and cooperation partners who use the LMS to provide their respective educational offerings.
(4) You are obliged to comply with all legal provisions, especially copyright and data protection regulations when using the LMS.
(5) You are responsible for ensuring that the materials you upload do not infringe on the rights of third parties and do not otherwise violate legal regulations, especially copyright, competition, or data protection laws. It is not allowed to exchange, use, or distribute copyrighted works via the LMS if the legal requirements for this are not met. Before creating links, the linked content must be checked for legal violations. Linking to illegal websites, especially those with extremist, hate-inciting, or offensive content, is not permissible. The rules apply likewise to the use of communication tools provided through the LMS.
(6) Dissemination of xenophobic, racist, politically or religiously extreme, or sexually offensive content through the LMS is not allowed. In this context, we refer to relevant legal regulations (Allgemeines Gleichbehandlungsgesetz ('General Equal Treatment Act'), AGG).
(7) Communication through the LMS is expected to be conducted in a polite and respectful manner.
§ 4 Abusive Use
(1) You must refrain from any form of abusive use of the LMS (see § 1-3).
(2) You are obligated to work exclusively with access data that has been authorized for your use. Sharing access data and passwords is not permitted. You must take precautions to ensure that unauthorized third parties do not gain access to your access data.
(3) Abusive use includes, but is not limited to, using the LMS to:
- unauthorized alteration, deletion, suppression, or rendering data unusable,
- disseminate material from unconstitutional organizations or unconstitutional, especially racist, ideologies,
- disseminate pornography,
- commit offenses against personal honor, especially insult or defamation,
- violate legal regulations (e.g., Criminal Code, Youth Protection Act, Data Protection Act, Copyright Act, Trademark Act),
- violate this usage agreement,
- damage wilkon's reputation or use that is contrary to wilkon's interests,
- or, if you are employed by wilkon e.K., wilkon Systems GmbH & Co. KG, or wilkon Akademie GmbH & Co. KG, violate wilkon's internal regulations, especially the obligation to maintain confidentiality, respect data protection, or adhere to telecommunications secrecy.
(4) wilkon reserves the right to randomly review the content of provided materials. Content that violates applicable law may be removed by wilkon without prior notice.
§ 5 Exclusion from Use
In the event of individuals violating this usage agreement, the management of wilkon Akademie GmbH & Co. KG reserves the right to temporarily deactivate or permanently delete user accounts at any time and without prior notice, thereby excluding the respective users from LMS use temporarily or permanently.
§ 6 Liability
(1) Claims for damages by users are excluded.
(2) Excluded from this are claims for damages resulting from injury to life, body, health, or from the violation of essential contractual obligations (cardinal duties), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by wilkon.academy, its legal representatives, or agents.
(3) Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In the event of a breach of essential contractual obligations, wilkon.academy is liable only for typical, foreseeable damage if this damage was caused by simple negligence, unless it involves claims for damages by users resulting from injury to life, body, or health.
(4) The limitations of paragraphs 2 and 3 also apply to the benefit of the legal representatives and agents of wilkon.academy if claims are asserted directly against them.
§ 7 Final Provisions
(1) German law applies.
(2) This Terms of Service will be displayed to you during registration or the first login at https://lms.wilkon-academy.com or https://training.wilkon.de, and you will be asked to confirm this Terms of Service. This Terms of Service may be unilaterally amended by the management of wilkon Akademie GmbH & Co. KG. You will receive a corresponding notice when you next log in to the LMS and must agree to the new version of the Terms of Service before you can continue using the LMS. The currently valid version of the Terms of Service can always be found linked on the LMS login page.
(3) All agreements beyond this Terms of Service require written form.
(4) If a provision of this Terms of Service is or becomes invalid, it does not affect the validity of the remaining provisions. In place of the invalid provision, the relevant statutory regulations apply.
(5) If the customer is a merchant, a legal entity under public law, or a special public fund, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is Nuremberg.
Privacy Policy
Version dated 20th October 2023
The Protection of Your Personal Data Is Very Important to Us
We, wilkon Akademie GmbH & Co. KG, are the controller of this online offering and, as a provider of a telemedia service, are obligated to inform you at the beginning of your visit to our online offering about the type, scope, and purpose of the collection and use of personal data in a precise, transparent, understandable, and easily accessible manner, in clear and simple language. The content of this information must be available to you at all times. Therefore, we are obliged to inform you about what personal data is collected or used.
We attach great importance to the security of your data and compliance with data protection regulations. The collection, processing, and use of personal data are subject to the provisions of the currently applicable European and national laws.
wilkon Akademie GmbH & Co. KG
Ulmenstrasse 52d
90443 Nuremberg
Germany
Link to the Learning Management System:
https://lms.wilkon-academy.com
Email: booking@wilkon-academy.com
Phone: +49-911-477680-0
Fax: +49-911-477680-99
Registered Office of wilkon Akademie GmbH & Co. KG:
90443 Nuremberg, Germany
Local Court Nuremberg, HRA16787
Legal Form: GmbH & Co. KG
I. What Are Personal Data?
Personal data refers to all information that relates to an identified or identifiable natural person.
II. Collection, Processing, and Use of Personal Data
(1) When booking a course in our shop or during registration or initial login to the LMS, it is necessary to provide a set of personal data without which the operation of training, the use of educational offers, and the conduct of certification tests would not be possible. We collect and process this personal data of our users only to the extent necessary for using the LMS and the educational and certification offerings provided via the LMS. This is done to fulfill the task entrusted to us (provision of learning offerings, conducting exams and certification tests, tracking learning progress, documenting acquired knowledge and competencies) in accordance with Article 6(1) of the General Data Protection Regulation (GDPR). If we obtain consent for processing personal data, Article 6(1) of the GDPR serves as the legal basis.
(2) The following personal data is collected when using the LMS:
- Connection data: (e.g., IP address, browser type, date and time of access)
- Access data: Username, password in encrypted form
- Personal information: Salutation, title, first name, last name
- Additional contact information: Company/institution, department, mailing address, phone, email addresses
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Evidence of acquired knowledge and competencies (learning progress, test, certification, and examination results): when you take self-assessments, exams, and certification tests in the LMS, the results and details of the execution (start time, end time, any test interruptions) are stored to ensure the smooth execution of the teaching, examination, or certification process. All acquired certifications and the corresponding performance data (achieved points/overall grade if applicable) are stored in the LMS throughout the validity period of the respective certificate. This is because already acquired certifications typically form the prerequisite for admission to further advanced certification exams. Additionally, acquired certifications serve as the prerequisite for participation in recertification programs after the expiration of the validity period of the originally acquired certificate.
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Completed courses and content data: (e.g., uploaded files, forum posts, tests)
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The temporary storage of connection data, especially the IP address, by the system is necessary to deliver the LMS and the learning, examination, and certification offerings provided on it to the user's computer. The IP address of users must be stored for the duration of the session. The legal basis for the temporary storage of data is Article 6(1) of the GDPR. The data (connection data) is also stored in log files. The data is used to optimize the website and ensure the security of our information technology systems. The data is deleted as soon as it is no longer required for the purpose of its collection. In the case of data collection for the provision of the LMS, this occurs when the respective session is ended. The data in the log files is deleted after 7 days.
(3) You will be informed about the processing of the above-mentioned data during the initial registration. The legal basis for data processing is Article 6(1) of the GDPR.
(4) User registration is necessary for the proper provision of content and functions on the LMS, as well as for the proper use of the integrated communication and collaboration tools within the LMS.
(5) The data will be deleted when the user account is deleted. You can request the deletion of your user account at any time. Sending an informal email to the wilkon course hotline at booking@wilkon-academy.com is sufficient for this purpose. You can also have your access data corrected at any time. Once again, an informal email to the wilkon course hotline at booking@wilkon-academy.com is sufficient. No notification to other users will be given in this regard.
(6) Access to content data is logged in the LMS database or in log files, such as the time you access various components of the course and certification offerings or other users' profiles. Depending on the design of the individual learning offering, the logs may also include whether you have completed assigned tasks, what contributions you have made in any forums provided, and how you have contributed to wikis. The logs are only accessible to the administrator team. These data are used exclusively for the execution of the respective teaching, learning, or certification offerings, as well as for technical and user-friendly optimization of the LMS. They will not be disclosed to other staff members or third parties. Relevant data in log files will be deleted after 180 days.
III. Data Security
Your personal data is transmitted over the Internet using encryption via HTTPS. You should always treat your access information as confidential and close the browser window when you have finished using the LMS, especially if you share your computer with others.
IV. Your Right to Information, Correction, Blocking, Deletion, Data Portability, Complaint to a Supervisory Authority, and Right to Object
What Rights Do You Have?
- Right to Information
You have the right to request free information about your stored data. Upon request and in accordance with applicable law, we will inform you in writing about the personal data we have stored about you. This includes information about the origin and recipients of your data, as well as the purpose of data processing.
- Right to Correction
You have the right to have your data corrected if it is inaccurate. You can also request the restriction of processing, for example, if you dispute the accuracy of your personal data.
- Right to Blocking
You can also have your data blocked. To ensure that your data is blocked at all times, it must be kept in a blocking file for control purposes.
- Right to Deletion
You can request the deletion of your personal data, provided there are no legal retention obligations. If such an obligation exists, we will block your data upon request. If the relevant legal conditions are met, we will delete your personal data even without a corresponding request from you.
- Right to Data Portability
You are entitled to request that we provide you with the personal data you have provided to us in a format that allows for transmission to another location.
- Right to Lodge a Complaint with a Supervisory Authority
You have the option to file a complaint with one of the data protection supervisory authorities.
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 27, D-91522 Ansbach
Phone: +49-981-53-1300
Fax: +49-981-53-981300
You can open the complaint form of the Bayerisches Landesamt für Datenschutzaufsicht via the following link:
https://www.lda.bayern.de/de/beschwerde.html
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Right to Object
You have the option to revoke your consent to the use of your data for internal purposes with future effect at any time. To do this, simply send an email to datenschutz@wilkon.de. Such a revocation does not affect the legality of processing that occurred before it. Data processing based on all other legal bases, such as contract initiation (see above), remains unaffected.
V. Disclosure of Personal Data
(1) Due to legal requirements, we are obligated to disclose your personal data to third parties in certain cases. This is the case, for example, when there is suspicion of a criminal offense or misuse of this service. In such cases, we are required to provide your data to law enforcement authorities.
(2) Your data is also disclosed to the shipping company responsible for delivery, if necessary, for the delivery of goods (e.g., scripts/course materials in paper form) or paper certificates and participation certificates.
VI. Disclosure of Personal Data When Participating in Recognized Certification Tests to the External Initiators of the Respective Certification Program
(1) The LMS is also used for conducting standardized certification exams, which allow you to demonstrate your knowledge and competencies to the manufacturers or providers of specific products, services, and solutions. These certifications often serve as prerequisites for being listed as a partner or 'certified partner' of the respective provider. If you participate in such a certification exam, you agree to specific details regarding the storage and transmission of personal data to the respective provider or initiator of the certification program. These specifics are described below:
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In order to verify if you are generally eligible to participate in the respective certification tests, certain details may be transmitted to the initiator of the certification program in advance of the tests as part of individual case examinations. You will find more detailed information in the respective course or for the corresponding certification.
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After completing the test, test results are often directly transmitted to the respective manufacturers/providers as initiators of the certification program. You will be informed in the respective course or at the start of the certification whether this procedure also applies to the certification you have completed. If such transmission occurs, you will receive more detailed information in the course or for the certification regarding which data is being transmitted and to which company or organization. In rare cases, you may need to transmit your results to the respective initiator of the certification program yourself. In this case as well, you will receive more detailed information in the respective course or on the information pages for the specific certification exam.
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In order to ensure that the respective examination results are correctly assigned to the partner company at the initiators of the respective certification program, personal details and contact information mentioned in II may also be transmitted to the respective initiator of the certification program, in addition to the pure test results.
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To prevent the unlawful distribution of questions from question pools, questions that were worked on during participation in the certification test may be stored in individual cases during the validity period of the certification test.
VII. Use of Cookies
(1) The LMS ILIAS used on https://lms.wilkon-academy.com or https://training.wilkon.de utilizes cookies. These are small files stored on your end device via the browser. They allow distinguishing the individual browser of the person concerned from other internet browsers that contain different cookies. Cookies also store preferred user settings, such as the number of entries displayed on a table page. Additionally, cookies serve your security, as the LMS can verify, through the cookie, whether the access to a page within the LMS is indeed carried out by the authorized person.
The LMS uses both temporary cookies, which become invalid after the end of the session or closing the browser, as well as longer stored cookies. In the browser settings, you can see which cookies were set by https://lms.wilkon-academy.com or https://training.wilkon.de and delete them if needed. Using the LMS without cookies is not possible for technical reasons.
VIII. Links to External Websites
The LMS contains links to other websites. We have no influence over whether their operators comply with data protection regulations.
IX. Contact Person for Data Protection
If you have any questions regarding the collection, processing, or usage of your personal data, or if you need information, corrections, data blocking, data deletion, or wish to withdraw your consent, please contact:
Mailing Address
wilkon Akademie GmbH & Co. KG
Ulmenstraße 52d
Annabella Pannarale-Endres
90443 Nürnberg
Phone and Fax:
Phone: +49-911-477680-0
Fax: +49-911-477680-99
Email: datenschutz@wilkon.de