Full policy

The “Zentrum Digitale Lehre” (ZDL) and the IT-Service of Technische Hochschule Lübeck (THL) operate the Learning Management System (LMS) Moodle. These Terms of Use apply to the LMS website located at https://thlx.th-luebeck.de and all associated sites.

§1 Scope

The general terms of use for the LMS apply to every authorized user of the LMS as defined by § 2 of the Terms of Use.

§2 Rights of Use

All those who are studying, teaching and conducting research at Technische Hochschule Lübeck are entitled to use this software. This implies also all of those who are engaged in a teaching or research relationship with the University.

§3 Registration

(1) The use of the service requires you to open an account. University members can use their THL-IT account to log on to the learning platform.

(2) Members of the university use the password of their THL-IT account. External users will receive their own password, which must be kept strictly confidential and cannot be disclosed to third parties.

§4 Obligations of the Users

(1) The use of the LMS is exclusively for university purposes. Any other use, in particular for business, commercial or private purposes, is not permitted.

(2) All users are obligated to treat the data of other users as strictly confidential and are not to pass them on without the written consent the person concerned. This applies especially to the names and e-mail addresses of other users.

(3) The contact between operator and user is handled exclusively via the user's e-mail account registered with the system. Users have to make sure that they can be contacted via this account.

(4) It is not permitted to use the statistical data of the LMS for performance and behavior checks and assessments.

(5) Every user is obliged to comply with all legal provisions, in particular the copyright law and data protection.

(6) Every user is responsible for ensuring that the content they post does not violate the rights of third parties and does not violate any other legal regulations, in particular copyright, competition or data protection regulations. It is not permitted to exchange, use or distribute copyright-protected material via the LMS if the legal requirements for this are not met. Copyrightable material or part of such material, e.g. course material, templates, excerpts from other works, images etc., which are used in the LMS and/or which are explicitly created for the LMS, may not be used outside the LMS and/or passed on to third parties. Prior to setting links, the linked contents must be checked for infringements. Links to unlawful sites, especially those with extremist, inciting or insulting content, are not permitted.

(7) The rules specified by paragraph 6 also apply to all other forms of communication within the LMS.

§5 Unauthorized use

(1) The user must refrain from any type of unauthorized use of the LMS in accordance with § 5 paragraph 2 of these Terms of Use. The user is obliged to work exclusively with user IDs that he/she has been authorized to use. Passing on user IDs and passwords is prohibited. The user must take precautions to prevent third parties from gaining access to the LMS.

(2) Unauthorized use of the LMS occurs if

(a) data is modified, deleted, suppressed or rendered unusable without authorization,

b) material from unconstitutional organizations or unconstitutional ideology or ideas is disseminated, especially racist and xenophobic ideas,

c) pornography is distributed,

(d) offences against personal dignity, in particular insults or defamation occur,

e) or violates any other legal regulations (e.g. Criminal Code, Youth Protection Act, Data Protection Act, Copyright Act, Trademark Act) or internal regulations of TH Lübeck, particularly these Terms of Use,

f) the image/ reputation of Technische Hochschule Lübeck is damaged or the use is in conflict with its vested interests.

(3) Technische Hochschule Lübeck reserves itself the right to carry out random checks on the content of the course materials provided. Contents that violate applicable law can be removed by the provider without prior notice.

§6 Exclusion from Use

(1) Users who violate these Terms of Use may be excluded from using the LMS temporarily or permanently. The exclusion is generally preceded by a request to refrain from the objectionable behavior and a written or oral hearing of the user, in which the potential exclusion is pointed out.

(2) Excluded users can be re-admitted if it is ensured that they will not engage in any further misconduct.

(3) Paragraphs 1 and 2 also apply if the provider of the LMS has reasonable cause to suspect that internal security measures have been undermined (e.g. e-mail misuse, the use of harmful components such as viruses, worms, or Trojans).

(4) In the interest of an efficient system management, Technische Hochschule Lübeck reserves itself the right to delete authorizations of users (without further notice) whose THL-IT account is no longer valid.

§7 Compliance with other Regulations

(1) The framework regulations for the use of the communication and data processing infrastructure of Technische Hochschule Lübeck have to be observed as far as the user is bound by them. https://dokumente.th-luebeck.de/index.php/f/10592 

(2) The rules and regulations concerning teaching and examinations have to be observed.

§8 Liability

(1) In the event of a violation of legal regulations or the obligations laid out in these Terms of Use, the user will be held liable in accordance with the statutory provisions.

(2) The provider cannot guarantee the permanent availability of the online service. The provider strives to avoid temporary operational disruptions due to maintenance and/or internal disruptions of the system but cannot guarantee either.

(3) Technische Hochschule Lübeck is only liable for grossly negligent and intentional breaches of its obligations. This also applies to damages to the technical devices of the user caused by activities such as the download of software or material.

§9 Rights of Use

(1) Upon registration, the user is granted a simple, non-transferable right to use the LMS.

(2) Technische Hochschule Lübeck remains the owner of all other property rights, copyrights, exploitation and other rights. This also applies if the user legally modifies data or connects it to his / her own programs or databases. In this happens or when program copies are made, the user has to attach a copyright notice that refers to TH Lübeck.

(3) Copyrights held by the user remain with the user.

(4) Storage capacity made available to the user may only be used to store the content created.

§10 Change of the Terms of Use

(1) Technische Hochschule Lübeck reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.

(2) Technische Hochschule Lübeck has the right to concretize or expand on these Terms of Use in specific cases.

(3) Changes have to be communicated in written form in the LMS with a reference to the internet page where the current Terms of Use can be viewed.

Confirmation
I have read the Terms of Use and will abide by them

Full policy

General information

Data controller under data protection law

Technische Hochschule Lübeck
Mönkhofer Weg 239
23562 Lübeck
Phone: +49 (0) 451-300 6
Email: kontakt(at)th-luebeck.de

Responsible institution/unit of the Technische Hochschule Lübeck (THL):
Zentrum für Digitale Lehre 

Data protection officer

Technische Hochschule Lübeck
Datenschutz
Mönkhofer Weg 239
23562 Lübeck
Email: datenschutz(at)th-luebeck.de

Rights of data subjects & right to object

You have a right to:

• revoke any consent you have given or object to the processing of your data.
• receive information about your data stored by us.
• have incorrect data about you rectified by us.
• have data about you that is no longer required erased by us.
• have the processing of your data restricted under certain conditions.
• This may be the case if, for example, erasure is not possible; however, the data may not be further processed.

If you believe that the processing of your data violates the legal regulations, you can contact a data protection supervisory authority directly.

If you have any questions about data protection, you can also contact the data protection officer directly or Technische Hochschule Lübeck (TH Lübeck) as the data controller under data protection law.

Notes on accessing our website

Functionality of the website without login – logfiles

Each time you access our website, your web browser transmits usage data, even if you have not yet logged in with your user account. These include your IP address and a description of the content accessed (URL). Without collection of the IP address of the accessing computer and the name of the accessed file, connection to our server and use of the website in question is not possible. In addition, depending on how you have it configured, your web browser transmits further data (browser type, browser version, operating system used, referrer URL). We use this data for browser-specific presentation of the content, or to optimise it to the end device.

For security reasons, in particular, to defend against attempts to attack our web server and for data protection control and data security, we monitor log data/log files.

• IP address
• Name of the accessed site
• Action
• Access status
• Amount of data retrieved
• Date and time of the action

This data is stored for a period of 30 days. Access to this data is limited to certain IT administrators. This data is not processed or linked to. The legal basis arises from Art. 6 (1) (e) GDPR in connection with our legitimate interest in the security of the IT network.

Notes on using the THLX Moodle

Purposes & legal basis

The THLX Moodle (https://thlx.th-luebeck.de) is web-based software that allows access to non-public environments for module- or course-related learning and collaboration. The use of the THLX Moodle is voluntary and can only take place if the user has agreed to the Terms of Use for the Moodle learning space.

If you log into the THLX Moodle with your account, we process your data

• in order for the digital offering to function technically
• for registration and authentication during use
• for the purpose of conducting research and teaching
• due to measures for the purposes of data protection control, data security, and protection against misuse and attacks, and to defend third-party claims

The legal basis arises from Art. 6 (1) (e) GDPR in conjunction with Art. 6 (3) of the State's Educational Mandate (Bildungsauftrag des Landes) as well as §3 of the State Data Protection Act of Schleswig-Holstein (LDSG-SH), §7 of the Higher Education Act (HSchlG) and the Constitution of Technische Hochschule Lübeck.

Processing by means of cookies

The THLX Moodle uses cookies. Cookies are text files stored within or by the Internet browser on the user's computer system. If the THLX Moodle is accessed, a cookie may be stored on the user's operating system. This cookie contains a distinctive character string enabling the unique identification of the browser when the website is accessed again.

The following cookies are used:

• MoodleSession identifies the logged-in users via an anonymous ID and stores their registration for the current session in the THLX Moodle. It must be enabled in order for the login and access permissions within the THLX Moodle to be maintained during the session. The cookie is automatically deleted as soon as the user logs out of the system or closes the web browser.

The legal basis for the processing of personal data using cookies is Art. 6 (1) GDPR. Cookies are stored on the user's computer and transmitted to our site from there. For this reason, as a user, you also retain full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies which have already been saved may be deleted at any time. This can also be done automatically. If cookies are disabled for Moodle, it may no longer be possible to use all Moodle's features in full.

Recipients of data

Your data will be processed and stored on servers of the Technische Hochschule Lübeck's data centre.

Transfers to third countries

In principle, data processed in the system will not be transferred to countries outside the European Economic Area and associated countries (no transfer to third countries).

Storage & erasure

As part of registration, a THLX Moodle account will be created, in which the following data will be stored:

• Email address
• First name
• Surname

This data will be stored until the THLX Moodle account is deleted. THLX Moodle accounts are automatically deleted after one year of inactivity. Upon request, you can have your account deleted at any time. To do this, simply send an informal email to thlxmoodle@th-luebeck.de.

For security reasons, in particular, to defend against attempts to attack our web server and for data protection control and data security, we monitor log data/log files.

• IP address
• Name/user account
• File name of the accessed site
• Action
• Access status
• Amount of data retrieved
• Date and time of the action

This data is stored for a period of 30 days. Access to this data is limited to certain IT administrators. This data is not processed or linked to. The legal basis arises from Art. 6 (1) (e) GDPR in connection with our legitimate interest in the security of the IT network.

In addition, there is data that you set or create yourself when participating in a course. This data is stored in a database. It includes, for example:

• Files uploaded
• Texts and media content (e.g., forum posts)
• Information voluntarily provided in the user profile
• Permissions and roles
• Interactive content created (e.g., tutorials)
• Participation in interactive content (e.g., completed tutorials, texts submitted)

The data from participating in the course will be stored until the course is deleted.

User activities (submitted assignments, etc.) will be retained until the THLX Moodle account in question is deleted. Forum posts will be retained in anonymised form and will be deleted together with the relevant course room.

 

Notes on using the video/audio module (BBB)

Purposes & legal basis

The THLX Moodle provides a video/audio module. We use BigBlueButton (BBB) web conferencing software.

If you use BBB via the THLX Moodle, we process your data

• in order for the module to function technically
• for the purpose of conducting research and teaching, and for conducting online teaching and blended learning in teaching, in particular, for transferring and sharing teaching content to participants at different locations and as a tool that enables participants to work together in groups at distributed locations
• due to measures for the purposes of data protection control, data security, and protection against misuse and attacks, and to defend third-party claims

The legal basis arises from Art. 6 (1) (e) GDPR in conjunction with Art. 6 (3) of the State's Educational Mandate (Bildungsauftrag des Landes) as well as §3 of the State Data Protection Act of Schleswig-Holstein (LDSG-SH), §7 of the Higher Education Act (HSchlG) and the Constitution of Technische Hochschule Lübeck.

In individual cases, the organiser may have such a session recorded by the system. This can be seen by all participants in the interface of the web conference. In this case, the video, audio and text data will be recorded and then displayed in the Moodle course.

These recordings are then usually accessible to all participants of the course.

Both the recording and the provision of the recording are based on your consent.

Recipients of data

Your data will be processed and stored on servers of the Technische Hochschule Lübeck's data centre.

Transfers to third countries

In principle, data processed in the system will not be transferred to countries outside the European Economic Area and associated countries (no transfer to third countries).

Storage & erasure

The metadata (IP address and browser identifier) generated during the use of the web conference will be stored to ensure technical operation, troubleshooting and error analysis. It will be automatically deleted after a storage period of 30 days.

Processing for scientific research and statistical purposes

When using the courses, technical and automated log data is generated. These log files may be processed for scientific research and/or statistical purposes.

The processing of log data from log files for scientific research and statistical purposes may take place if you have given us your consent to this. The legal basis then arises from Art. 6 (1) lit a) GDPR.

The processing of log data from log files for scientific research and statistical purposes may also take place without consent in certain cases. If this is the case, Technische Hochschule Lübeck shall take the appropriate and specific measures required by law for this exception in order to safeguard your data protection interests. During the taking of measures, regard is shown to pseudonymisation, encryption and restriction of access to this data, in addition to technical security.

The legal basis in this case arises from Art. 6 (1) (e) and Art. 9 (2) (j) GDPR in conjunction with Art. 89 (1)+(2) GDPR and other permissions from §27 (1) of the Federal Data Protection Act (BDSG), §3 LDSG-SH, §13 LDSG-SH.