Data privacy notices and terms of use
I have noted and accept the terms of use
and data privacy notices of the learning management system ILIAS of Gen Re
Business School.
Terms of use and
data privacy notices of the Gen Re Business School learning management system
ILIAS (hereinafter ILIAS portal)
Terms of use of
the ILIAS portal
1. ILIAS portal of Gen Re Business School
These terms of use apply to the ILIAS
portal provided by General Reinsurance AG (hereinafter Gen Re Business
School). Gen Re Business School offers persons using the ILIAS portal
(hereinafter users), for their exclusive personal use, web-based training
courses and context-sensitive guidance. Please address queries concerning this
agreement to:
General Reinsurance AG
(Gen Re Business School)
Theodor-Heuss-Ring 11
50668 KÖLN
Germany
Contact:
Mirko von Haxthausen
mirko.vonhaxthausen@genre.com
2. Registration and use
In order to use
the ILIAS portal, you have to be registered by Gen Re Business School. Gen Re
Business School is entitled to refuse or rescind registration without stating
reasons. Upon their registration, users accept these terms of use.
In case of infringements of these terms
of use, Gen Re Business School reserves the right temporarily, and in some
circumstances permanently, to deprive users of access to the ILIAS portal
pursuant to clause 8 of these terms of use.
3. Compliance with copyright
By way of this agreement, users
explicitly recognise that the ILIAS portal contains information, texts,
software, images, videos, graphics, sounds and other materials that may be
protected by copyright or trademark or patent rights. All content of the ILIAS
portal is provided exclusively for personal use according to the intended
purpose and can be disclosed to third parties only with the written consent of
Gen Re Business School. Any unauthorised use of the content of the ILIAS portal
can, as a violation of the German Copyright Act, give rise to a liability for
compensation and, if applicable, to criminal prosecution.
4. Rights and obligations of the user
4.1
In order to use the ILIAS portal, a current recognised web browser and access
to the internet are required. Each user is responsible for satisfying these
requirements themselves. Every user of the services provided by the ILIAS
portal bears full responsibility for their activities within the ILIAS portal
and its associated services.
4.2
The entitlement to use the ILIAS portal is non-transferable. The user must
ensure that their username and password are protected against unauthorised use.
A user who becomes aware of or suspects a misuse of their access data must
notify Gen Re Business School without undue delay. Gen Re Business School
reserves the right, in the event of damage and in case of the misuse of the
access data, to assert rights of recourse against the user.
4.3 It is forbidden to use or seek to use the ILIAS portal for the
following purposes: (i) for unlawful, unauthorised,
fraudulent or malicious purposes; (ii) capable of damaging, deactivating,
overloading or impairing a server or the network(s) connected to the server;
(iii) capable of interfering with the use of the ILIAS portal by another user
or with its functionality; (iv) in order to obtain
unauthorised access to other accounts, computer systems or networks connected
to one or several networks by hacking, password mining or other means,
including the creation of a false identity for the purpose of misleading others,
of impersonating a person or entity, or of otherwise falsely representing a
connection with a person or entity; (v) in order to access systems, data or
information which Gen Re Business School does not mean to make available to an
authorised user; (vi) to seek to obtain materials or information by means not
intentionally provided by Gen Re Business School; or (vii) to use the portal
for a purpose other than that intended.
4.4
In addition, the internal mail system of the ILIAS portal is not to be used for
sending advertising, spam and/or content not related to the training. Gen Re
Business School does not accept any responsibility for the content or for any
possible non-compliance with the German Copyright Act of materials not
furnished by itself.
5. Rights and obligations of Gen Re Business School
5.1
The services of the ILIAS portal are provided without any assurances or
guarantees. A legal entitlement to the permanent availability of the ILIAS
portal offering of Gen Re Business School does not exist. Gen Re Business
School reserves the right at its discretion to modify, suspend or terminate
operation of or access to the ILIAS portal or a part thereof and to interrupt
operation of the ILIAS portal or a part thereof if required in order to perform
routine or non-routine maintenance, clear faults, or make other changes.
Notwithstanding the foregoing, Gen Re Business School seeks to ensure that the
ILIAS portal is available at all times and with full
functionality, and that downtimes remain brief.
5.2
Gen Re Business School has produced the training courses and information
contained in the ILIAS portal with great care and to the best of its knowledge
and belief. Nonetheless, Gen Re Business School does not accept any warranty
for the currency, accuracy or completeness of the
furnished information, or that the course content and program functions satisfy
the individual users requirements. In particular, the forenamed information
does not constitute legal advice and cannot replace such advice.
5.3
References and links to third-party websites do not indicate that Gen Re
Business School is adopting as its own any content found by following such
references and links. Gen Re Business School has no influence over content
found by following a link. For this reason, such content does not give rise to
any responsibility of Gen Re Business School for the data or information
furnished through a link.
5.4
Gen Re Business School is entitled to perform services through vicarious agents
(subcontractors) as well; this applies in particular to
computer centre operation.
6. Liability
6.1
Gen Re Business School is liable to the user for compensation or reimbursement of
expenses, irrespective of the cause in law of the asserted claim, exclusively
according to the provisions of the present clause.
6.2
Gen Re Business School is liable, save as otherwise provided in this clause,
only for damage caused intentionally by or through the gross negligence of
itself, its legal representatives or its vicarious agents, and for damage
arising from mortal or physical injury or health impairment, pursuant to the
statutory provisions.
6.3 In
case of damage arising from slight negligence, Gen Re Business School is liable
only if a material contractual obligation is breached. In this event, the
amount of liability is limited to damage foreseeable at the time of the
contracts conclusion and to be anticipated in the context of the contract.
Material obligations are all those whose discharge is fundamental to the proper
performance of the contract and upon which the user ordinarily relies and can
reasonably rely.
6.4
Claims for compensation and reimbursement of expenses are subject to a limitation
period of one (1) year from the time the enterprise became aware of or, barring
gross negligence, should have become aware of, the circumstances substantiating
the claim, or of five (5) years from the time such claims arise, whichever
event occurs first. If Gen Re Business School is liable without limitation
according to the provisions of this clause, the statutory limitation period
shall remain unaffected.
6.5
Liability exclusions and limitations shall not apply if Gen Re Business School
has accepted a guarantee specifically serving the purpose of protecting against
the occurrence of the asserted damage.
6.6
Liability according to the German Product Liability Act and manufacturers
liability shall remain unaffected.
6.7
If the liability of Gen Re Business School is limited or excluded, the
limitations or exclusions shall also apply as regards the personal liability of
the employees, legal representatives and vicarious
agents of Gen Re Business School.
6.8
The user shall hold Gen Re Business School harmless against all third-party
claims asserted against Gen Re Business School because of use, for which the
user is responsible, of the ILIAS portal not according to the intended purpose.
7. Amendments
Gen Re Business School can amend the
terms at its discretion by notifying the users of such amendments. The
continued use of the ILIAS portal after the date on which the amended terms
take effect shall constitute the users acceptance of the amended terms.
The current version of these terms of
use, as amended from time to time, can be consulted online under the menu item
Terms of Use & Data Privacy Notices.
8. End of authorised use
The authorisation to use the ILIAS portal
and the right to use the materials made available therein expires upon
completion of a continuing professional education course supported by the ILIAS
portal among others or upon the ending of an individually agreed term of use.
If user particulars are knowingly furnished incorrectly upon registration or
intentionally not corrected in case of a change in the user data, Gen Re
Business School shall be entitled temporarily to suspend or to rescind the
authorisation to use. Gen Re Business School reserves the right automatically
to deregister users who have not used the services of the ILIAS portal for more
than a year.
The user can terminate their entitlement
to use the ILIAS portal offering at any time without stating reasons by
notifying Gen Re Business School of their decision.
Gen Re Business School can suspend access
to the ILIAS portal materials wholly or in part, or terminate the authorisation
to use the portal, if such materials are used (by the user or by anyone else
obtaining unauthorised access to the ILIAS portal with the users username and
password) in a way that is deemed by Gen Re Business School to constitute a
violation of these terms of use or that otherwise causes damage to Gen Re
Business School. Gen Re Business School is entitled to implement appropriate
technical measures to protect against use contrary to the contract.
9. Venue, applicable law, severability
The
law of the Federal Republic of Germany shall apply, ousting the UN Convention
on Contracts for the International Sale of Goods. The exclusive venue shall be
Cologne.
If individual provisions of this contract
prove invalid, the validity of the other provisions shall remain unaffected.
Privacy Notice for
participants of Gen Re Business School's further education and training program
This notice is designed to provide you with information
about the processing of your personal data by General Reinsurance AG and about your
rights according to data protection law.
Data controller Who are we?
General Reinsurance AG
Theodor-Heuss-Ring 11,
50668 KÖLN, Deutschland
Tel.: +49 221 9738 0
Fax: +49 221 9738 494
EMail: AskGenRe@genre.com
You can contact our Data Protection Officer at
this address by marking your correspondence for the attention of the Data
Protection Officer or by emailing to: DPO_EU@genre.com.
For what purposes and on what legal
basis do we process your data?
We process
your personal data while complying with the EU General Data Protection
Regulation (GDPR), the Federal Data Protection Act (Bundesdatenschutzgesetz
BDSG) and all other relevant laws.
Gen Re
Business School processes personal data (such as first name, surname, employer,
address, e-mail, telephone number, date of birth if applicable, and level of
subject knowledge) in order to carry out its further education and training
programmes (correspondence, participant administration and process
organisation).
In addition,
we process your data in order to be able to confirm the achievement of further
education and training (e.g. the marks attained) and to be able to create
replacement documents in the event of a possible loss of certificates, diplomas
and/or certificates of participation. This refers to information relating to
your participation in Gen Re Business School's further education and training programs
(e.g: The name of the event / course / module(s) you
have participated in, as well as examination results, dates, employer and
contact details).
All user
activities within our online learning platform will be recorded. The number of
available learning objects / documents, access statistics of documents
("clicks") and the access speed (benchmark test) will be analysed in a fully anonymised
way.
We process
your personal data on the basis of Article 6 paragraph
1 f) DSGVO in order to be able to offer you and your company the aforementioned
service with reference to the requirements described above.
In addition,
we process your personal data to fulfill legal
obligations such as commercial and tax document retention obligations. The
legal basis for the processing in these cases are the respective legal
regulations in conjunction with Art. 6 Para. 1 c) DSGVO.
For other purposes not mentioned here we use solely
anonymised data. Should we wish to process your personal data for a purpose not
stated above, we will inform you beforehand within the framework of the
statutory provisions.
Categories of recipients of personal
data
► Data processing within the Gen Re group of
companies
Your personal data is
in part also processed by associated companies of General Reinsurance AG. This
happens as part of:
-
general IT services provided by the General
Reinsurance Corporation for its subsidiary General Reinsurance AG
► External service providers
We use external
service providers in order to meet some of our
contractual and statutory obligations:
-
IT service providers for maintenance, operation
and backup of systems and applications, data restoring and data destruction;
-
Service providers for data management (storing
and termination of documents);
-
Service providers for copy and print;
-
Audit service provider for carrying out internal
audits and IT security audits
► Additional recipients
Furthermore it might be necessary to share your data with
public authorities in order to fulfil reporting obligations:
-
Supervisory authorities
-
Chartered accountants
-
Prosecution authorities
-
Social insurance agencies
-
Hotels, Private International Travel Health
Insurance Fund, Chamber of Industry and Commerce, Charterd
Insurance Institute
What rights do you have in respect of
your personal data?
► Right to access, rectification, erasure,
restriction of processing and portability
You can initiate an access request under the above mentioned contact details to obtain information on the
personal data we hold and process about you. Furthermore, in certain
circumstances you have the right to have your personal data rectified, erased or processed restrictively. In addition, you have the right to data portability, i.e. to
receive the personal data you have provided to us in a structured, commonly
used and machine readable format, and to have that personal data transmitted
directly to another data controller.
► Right to
object to the processing
You have the right to object to processing of your
personal data for direct marketing purposes.
If
we process your data in order to safeguard legitimate interests you have the
right to object to such processing if reasons that argue
against the processing result from your particular situation.
► Right to lodge a complaint
You have the right to lodge a complaint with a supervisory
authority, in particular in the Member State of your
habitual residence, place of work or place of the alleged infringement. The
following data protection agency has responsibility for us:
Landesbeauftragte f Datenschutz und Informationsfreiheit Nordrhein-Westfalen
(Data Protection and Freedom-of-Information Officer for the State of North
Rhine-Westphalia)
Postfach 20 04 44
40102 DÜSSELDORF
Tel.: 0211/38424-0
Fax: 0211/38424-10
E-mail: poststelle@ldi.nrw.de
Internet: www.ldi.nrw.de
► Right to withdraw your consent
If we process
your personal data on the basis of your consent, you
have the right to withdraw this consent at any time. The withdrawal of your
consent might impact the further processing of your personal data in regard to the purpose. More details on the consequences
of a consent withdrawal are included in the information provided to you with
the consent form.
Transfer of your personal data to a
third country
Should we transfer personal data about you outside of the
European Economic Area (EEA), this transfer only takes place, if guarantees
(e.g. an adequacy decision of the European Commission, Binding Corporate Rules,
European Standard Contractual Clauses or other approved contracts) are in place
that ensure an adequate level of protection. Detailed information on this and
on the data protection level of recipients in third countries can be requested
from the above-mentioned contacts.
Retention and deletion of your
personal data
We will retain your personal data for as long as is
necessary for the purpose(s) set out above, or for as long as is required by
law.
Personal data that is processed for the purpose of carrying
out the training courses will be stored for up to five years after completion
of the training course.
Personal data collected in the course of
determining the success of individual further training (e.g. results achieved, online
user activities) will also be stored for ten years after completion.
We store personal data collected for the purpose of
producing certificates of participation and the success of further training
until the documentation and verification function of these certificates is no
longer relevant to the participant and the request for a possible newly issued
certificate to be sent is no longer to be expected. This point in time is
reached at the presumed retirement age of 67 and thus varies depending on the
age of the participants in the Gen Re Business Schools further education and
training programmes.
We also store your personal data as we are legally obliged
to do so. Corresponding documentation and storage obligations arise, among
other things, from the German Commercial Code, the Tax Code
and the Money Laundering Act (storage periods of up to ten years are legally
required).