Privacy policy of Fuxam GmbH for the use of the Fuxam learning platform (FuxamOS). 

 

When using the Fuxam learning platform, personal data is collected and stored. In this privacy policy, we explain how we process your personal data in accordance with the European General Data Protection Regulation (hereinafter referred to as “GDPR”) and the applicable national regulations.

 

1. Who is responsible for processing your personal data?

 

Basic functions of digital teaching as order processing

 

The Fuxam learning platform supports colleges, universities and other institutions in enabling their teachers and students to teach digitally and offer online examinations. The respective institutions are responsible under data protection law for this data processing (e.g. study administration and the respective learning content), as they alone decide on the purposes and means of processing your personal data in this regard. You can find more information on the data protection of these institutions in the data protection information of the respective institution.

 

Processing for additional functions under your own responsibility

 

Students can also use the Fuxam learning platform across courses and universities, for example to create uniform timetables and organize learning materials collectively. In addition, supplementary functions are available on the Fuxam learning platform for voluntary use. The software developer, i.e. Fuxam GmbH, is responsible under data protection law for the data processing of such functions:

 

Fuxam GmbH

c/o Leo van den Brandt

Hilda-Geiringer-Weg 7

10557 Berlin

Email: datenschutz@fuxam.de

 

2. Who can you contact if you have any questions?

 

If you have any questions or comments about our processing of your personal data, you can contact our customer service:

 

Fuxam GmbH

c/o Leo van den Brandt

Hilda-Geiringer-Weg 7

10557 Berlin

Email: datenschutz@fuxam.de

 

In the event of technical problems or other questions about the Fuxam learning platform, you will find further assistance and contact information on the websites of the respective institutions.

 

3. Whose personal data do we process?

 

The Fuxam learning platform can be used by the following categories of data subjects, which are differentiated within the learning platform according to user groups (also known as “roles”):

administrators:

• 1. Administrators:

The role of “administrators” is intended for employees or otherwise authorized persons of the institution who are organizationally responsible for digital teaching (e.g. management staff of the institution, employees of the computer centers or IT department).

• 2. Moderator:

The ‘Moderator’ role is intended for employees or otherwise authorised persons of the institution who are responsible for the content of teaching in the degree programme or within the faculties (i.e. faculty members, holders and staff of the chairs).

• 3 Teaching staff:

The role of ‘teachers’ is designated for the teaching staff of the institution who deliver the respective courses and interact with the learners (e.g. lecturers, guest lecturers).

• 4. learners:

The role of ‘learners’ is intended for those learners who participate in the respective courses (e.g. full-time enrolled students, secondary students, guest students, other course participants).

 

 

 

 

4. Who is responsible for the processing of your personal data?

 

Fuxam GmbH processes the following categories of personal data under its own responsibility:

 

1. Connection and log data

In connection with the technical use of the learning platform, connection and log data are processed that are necessary for the technical operation and security of the IT systems.

This includes, for example:

- IP address
- Connection action (e.g. page view, navigation selection);
- Access status (http status code);
- Amount of data retrieved;
- Date and time of the connection action;
- Type of end device used;
- Browser used;
- Time of creation of the user account (date and time);
- Time of the last login to the user account (date and time);
- Information about the operating system used.

2. Identification and access data

Identification and access data are used to assign user roles and provide secure access to the learning platform. This includes, among other things:

• - User name;
• - Password in encrypted form;
• - e-mail address;
• - Inputs for multi-factor authentication;
• - Authorisations and role;
• - Type of end device used;
• - Information voluntarily provided in the user profile (e.g. title, first name, surname, profile picture, telephone number).
• - Time of creation of the user account (date and time);
• - Time of the last login to the user account (date and time);
• - Information about the operating system used.
•  

In addition, when using the learning platform, Fuxam GmbH processes content and usage data (e.g. for the learning materials contained in the courses, surveys and video data) as well as examination and exam data (e.g. framework information of the examination, the assessment criteria and answers) on behalf of the respective institutions. The institutions are responsible for this data processing under data protection law. Further information on this can be found in the respective data protection notices of the institutions.

 

5. For what purposes is your personal data processed?

 

We process your personal data to ensure the security of the learning platform and to provide you with any additional functions you may have ordered. This means in detail:

• - Ensuring IT security (e.g. login, multi-factor authentication);
• - Establishing contact for the preparation, realisation and termination of a business relationship (e.g. e-mails on order status, invoices);
• - Activation of additional functions for the fulfilment of a contract;
• - Safeguarding our rights (e.g. assertion of claims);
• - Preventing, combating and investigating unlawful activities (e.g. fraud)
•  

1. 6. On what legal basis do we process your personal data?
2.  

Insofar as the processing of personal data serves the implementation of pre-contractual measures or the fulfilment of a contract, the legal basis for the processing is Art. 6 para. 1 letter b GDPR.

If the processing is necessary to safeguard the legitimate interests of us or a third party (e.g. institutions, IT service providers), we process your personal data on the basis of Art. 6 para. 1 letter f GDPR. Our legitimate interests regularly consist of ensuring the security of our systems and compiling the necessary statistics for reports.

In all other cases, we will only process your data with your express consent in accordance with Art. 6 (1) (a) GDPR.

 

7. On what legal basis do we process your personal data?

 

The Fuxam learning platform is operated on servers in Germany.

You can use some functions of the Fuxam learning platform for study administration without being connected to an institution. However, as soon as your user account is added to an institution, we transfer your data to the respective institution.

In order to provide the learning platform and ensure its security, we use certain service providers, so-called processors. These include:

• - Hosting providers who provide servers, data centres and databases through which the learning platform can be accessed.
• - IT service providers who, in particular, ensure the security of the infrastructure (e.g. when accessing the learning platform), carry out regular security tests or are used for software development.
•  

Click here: Subprocessors 

 

Some of these processors are based in third countries, i.e. countries that are neither members of the European Union (EU) nor the European Economic Area (EEA), such as the United States of America (USA). We will only transfer data to them if this is legally permissible in accordance with Art. 44 - 49 GDPR, i.e. we have taken appropriate guarantees and measures to ensure the level of data protection (e.g. through standard data protection clauses and additional protective measures) and/or you have consented to such a transfer in individual cases. You can obtain a copy of such regulations and agreements by contacting [datenschutz@fuxam.de].

 

1. 8. Does automated decision-making take place?
2.  

In principle, no automated decision-making, i.e. the automatic analysis of personal data without any human intervention, takes place. However, for certain examinations (e.g. multiple-choice examinations), correct answer options can be stored in the system and your entries can be analysed automatically. However, the assessment of the learners determined in this way must first be checked by the teachers.

 

1. 9. Does automated decision-making take place?
2.  

We store your identification and access data until you delete your user account. If you have created your user account voluntarily and it is not linked to an institution, you can delete it yourself at any time.

The content and usage data will be stored until the course is deleted. If your user account is deleted but a course continues to exist, your contributions will be deleted.

The time at which the user account was created (date and time) and the time at which the user account was last logged in (date and time) will only be deleted with the user account. Likewise, certain log data (e.g. access to examination or exam questions) is only deleted with the respective course or examination.

We store some data for the duration of the statutory retention or documentation periods, which result from the German Commercial Code (HGB), the German Fiscal Code (AO) or the German Money Laundering Act (GwG), among others. These periods are up to ten years. In some cases, the storage period may also be based on the statutory limitation period, which according to Sections 195 et seq. of the German Civil Code (BGB) is generally three years from the end of the year in which the claim arose and the claimant became aware of it or should have become aware of it.

 

1. 10. Integrated software and services (so-called ‘plugins’)
2.  

Third-party services (so-called ‘plugins’) can also be integrated into the Fuxam learning platform via software interfaces. If you select such plugins and add them to your personal range of functions of the Fuxam learning platform, you will find corresponding information about the respective third-party providers and their data processing in their data protection notices. Such plugins include:

• - Third-party cloud services through which you can link Fuxam to your own cloud and thus upload or save documents quickly and easily. These include Google Drive, Microsoft OneDrive or the Apple iCloud, for example.
• - Note and document management, which you can use to organise your notes, lists and documents. These include Evernote, Notion, Goodnote and similar services.
• - Project and team management, which you can use to collaborate more effectively in groups and communicate with group members. This includes the Slack service, for example.
• - Document editing, which includes applications for editing documents, spreadsheets and presentations. This includes, for example, Microsoft Office applications or Adobe services.

 

11. What rights do you have?

 

As a data subject, you have the right in particular to object to the processing of your data:

• - Objection: In accordance with Art. 21 GDPR, you have the right to object to the processing of your personal data on personal grounds, provided that this processing is based on public or legitimate interests.

In addition, you have further rights in accordance with Art. 15 - 22, 77 GDPR. These are

• - Information: You have the right to request information about the personal data stored by us and its processing at any time. You can also request a copy of this data.
• - Rectification: You have the right to have inaccurate or incomplete personal data rectified without undue delay.
• - Erasure: You have the right to request the erasure of your personal data stored by us without undue delay if the reasons specified in Art. 17 para. 1 GDPR apply. This is the case, for example, if your data is no longer required for the purposes for which it was collected and there is no legal obligation to retain it.
• - Restriction of processing: You have the right to request the restriction of processing under the conditions set out in Art. 18 (1) GDPR. This means that we can only process certain personal data - apart from storing it - with your consent or in other cases specified by law. This is the case, for example, if you dispute the accuracy of your data and we need time to check this.
• - Data transfer: You have the right to have us provide you with your personal data in a machine-readable format or transfer it to another controller, insofar as this is technically feasible.
• - Withdrawal of consent: You have the right to withdraw your consent to processing at any time. Please note that the revocation only applies to future processing and does not affect the legality of the processing carried out previously.
• - Complaint: You have the right to lodge a complaint with a supervisory authority for data protection, e.g. the supervisory authority responsible for us. This is:

Berlin Commissioner for Data Protection and Freedom of Information

Alt-Moabit 59-61

10555 Berlin

can be contacted at: www.datenschutz-berlin.de

Click here: Subprocessors 

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