U2010/2872-1, version in force as of 3 September 2013
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Legal information for OpenU
2. Open Universiteit Intellectual Property Rights and Declaration on the Intellectual Property Rights of the Subscriber
3. Declaration of Privacy
4. Regulations for the Use of IT Facilities
The Open Universiteit reserves the right to amend this Legal Information. For that reason, it is recommended that you regularly check the Legal Information pertaining to OpenU.
The Open Universiteit exercises great care with respect to the reliability and currency of the information it offers through its website. In spite of this, it can happen that the information is flawed. The Open Universiteit accepts no responsibility for the content of the information it offers online or the consequences arising from the use thereof. Nor does the Open Universiteit accept any responsibility for contributions made by third parties through the electronic services.
No rights may be derived from the information as it is rendered online and from (the use of) any services and advice offered, whether or not in exchange for payment. The Open Universiteit does not guarantee the faultless operation or uninterrupted accessibility to the web, website(s) or the services offered online. The information that is provided can be changed at any time without advance notification.
2. Open Universiteit Intellectual Property Rights and Declaration on the Intellectual Property Rights of the Subscriber
Open Universiteit Intellectual Property Rights
Unless otherwise indicated, the within OpenU offered freely accessible (course) materials have the Creative Commons license BY-NC-SA http://creativecommons.org/licenses/by-nc-sa/3.0/.
Declaration on the Intellectual Property Rights of the Subscriber (with respect to the subscriber's own contribution(s)).
By saving your contributions you are releasing your contributions under the Creative Commons license CC BY-NC-SA, available at http://creativecommons.org/licenses/by-nc-sa/3.0/
You contribution or contributions fall under your own responsibility. The Open Universiteit cannot be held liable for the content of or the use of the contribution or contributions provided by you.
· Never use – without permission – material that is protected by copyright.
· Never use – without permission – images for which permission has not been obtained from the maker thereof.
· Never use – without permission – material in which persons depicted are visible without these persons having granted permission for use.
If you do not wish your contributions to be released under the CC BY-NC-SA licence, then do not add your contribution(s). Your thesis and results of assignments have to be added to OpenU. Exceptions can be made to the rule that these contributions will be released under the CC BY-NC-SA licence. Please contact the study coordinator.
3. Declaration of Privacy (in the framework of OpenU)
The Open Universiteit considers the protection of privacy of persons that make use of the electronic services to be important and self-evident. Personal details are handled with due regard of the applicable privacy legislation, including the Personal Data Protection Act. In accordance with the Personal Data Protection Act and the Exemption Decree based thereupon, the Open Universiteit reports all eligible registrations of personal details to the Open Universiteit's Data Protection Officer. All parties are assumed to be familiar with and to consent to the terms and conditions of use of the electronic services as detailed in this declaration of privacy.
The Open Universiteit registers two types of data with regard to the use of the Open Universiteit's electronic services and for use of our services:
I. Data pertaining to the creation of an account.
When you create an account or when you request information, brochures or products from the Open Universiteit, your details, as referred to in article 19 of the Exemption Decree, are recorded. The Open Universiteit uses your details to process your request. If requested, your details are used to keep you informed on activities of the Open University through mailings and newsletters, amongst others.
II. Clicking activity when using the electronic services (logging)
The general visit data is kept using so-called logging. The logged user name or computer address (IP number) is recorded and provides information on the actions of an anonymous or identifiable natural person within the web environment of the Open Universiteit. The Open Universiteit does not gather this information, which can be used to trace natural persons, with a view to using it.
The Open Universiteit does not store the personal details for longer than is necessary for the purpose for which the Open Universiteit processes it (see further under 3).
The Open Universiteit primarily uses personal data for the purpose of sufficiently informing users of the services of the Open Universiteit, and this data can be used in order to make personalised information available. In this way we are able to improve the service we provide to you.
Furthermore, the Open Universiteit employs this data for statistical purposes. Periodical reports based on this data are compiled for the Ministry of Education, Culture and Science, as well as to improve the quality of our internal organisation.
Release of logging information
This data is released under the following circumstances:
• If the Open Universiteit is obliged to do so pursuant to the law;
• At the specific request of the Open Universiteit with the consent of the user;
• To the Open Universiteit's Data Protection Officer, should misuse be concerned;
• If the information has been generated by spiders or bots and the data is required to solve technical issues;
• When it is necessary in order to guarantee the rights, property or security of the Open Universiteit, its users or the public.
You must create an account in order to gain access to the (paid) electronic services. It is prohibited to create an account using a false identity. An account can be (temporarily) blocked or closed should misuse be concerned.
The Open Universiteit is responsible for securing, as referred to in the Personal Data Protection Act and the Telecommunications Act, all collected data that could contain traffic and/or personal data, in so far as such collections of data are present in the system of the Open University and in the records kept with respect thereto by the Open Universiteit within the framework of the Open Universiteit's internet service.
The Open Universiteit has, with regard to the aforementioned security, engaged the following physical measures, including organisational control thereof:
• Burglar alarm;
• Safe for storing data files;
• Logical access control using a password or pin number;
Information is only provided from the data files in the situations stated above under 4 within the organisation of the Open Universiteit. The system administrator and the application administrator have direct access to the collections of data.
Provision of data to third parties
Other than on the grounds of statutory obligations, or unless expressly indicated by the user, the Open Universiteit shall never provide personal data to third parties. Should the necessity of providing personal details to third parties arise from obligations that the Open Universiteit assumes on behalf of or for the user, the user is always asked for express permission with regard to the provision of personal data for that specific purpose.
Within the organisation of the Open Universiteit, the personal data of users can only be accessed for management purposes and only by the aforementioned persons.
The Open Universiteit can have the administration and processing of personal data undertaken by third parties, which will subsequently gain access to the collection of data on the grounds of their agreement with the Open Universiteit. The Open Universiteit grants this access subject to the condition that this third party complies with that which is determined in this declaration.
In order to make the information accessible in a simple manner for visitors and/or users, the Open Universiteit's electronic services could employ so-called cookies. These are small files stored on your computer that record the details of the visitor. This data is only used on the Open Universiteit's web pages to make access easier for you, the visitor. By accepting a cookie as a one-off process, you will not have to state your user name every time.
The user is responsible for maintaining his or her own personal details in My Place and My Account, and can inspect his or her personal details at all times.
4. Regulations for the Use of IT Facilities (within the framework of OpenU)
Article 1. Definitions
The following definitions hold in these Regulations:
person who has an account with the Open Universiteit. Once a person has subscribed, access can be gained to the Open Universiteit's various IT facilities on the basis of this account.
person entitled to access to a coherent whole of educational and professionalisation services. A subscriber can have a free subscription and/or a paid subscription.
person that is registered with the Open Universiteit pursuant to the Higher Education and Research Act.
d. IT facilities:
the IT hardware, software, Electronic Learning Environment (ELE), wireless or fixed access to the network and facilities for the electronic exchange of information made available by the Open Universiteit or on its behalf.
e. use for private purposes:
the use of the IT facilities for purposes other than study or professionalisation.
f. traffic data:
data concerning the electronic communication between subscribers. This does not pertain to the content of these messages, only to the following:
• e-mail addresses of the sender and recipient;
• date and time electronic communication was sent and received;
• size of the electronic communication in bytes;
• IP address of the sender's computer or server;
• automatic checking for viruses and other harmful programmes;
• status information concerning the delivery (such as whether the electronic communication has been delivered or is queued).
Article 2. General points of departure
I. The purpose of these Regulations is to impose rules upon the use of the IT facilities by subscribers/students within the framework of OpenU as well as prescriptions for the manner in which supervision of and investigation into the compliance with these rules takes place.
II. Use of the IT facilities must be within the boundaries of the law. Theft, fraud, unauthorised access to computer systems, violation of copyright and the forgery of documents are specifically prohibited.
III. It is prohibited to commit or omit activities that could harm the reputation of the Open Universiteit.
IV. The user name and password to be used by the subscriber/student are strictly personal. The subscriber/student is not permitted to share his/her password with anyone else.
V. It is prohibited to register under a false identity.
VI. The owner of a user name is obliged to do all or omit all that can reasonably be required of him/her in order to prevent misuse of said user name.
Article 3. Use
I. Use of the IT facilities is primarily geared towards study and professionalisation purposes.
II. The Open Universiteit can impose further rules and limits with regard to the use of the individual services it offers to subscribers/students. Subscribers/students that make use of those services must adhere to the rules and limits.
III. The subscribers/students are not permitted to send electronic communications from the e-mail address of another person.
IV. The subscribers/students are not permitted to make excessive use of network or computing capacity. Excessive use is in any event considered to be: usage that results in a hindrance for other subscribers/students or for the operational management of the Open Universiteit. The subscribers/students are not permitted to make (network) applications available that elicit such usage on the part of others, nor to maintain these applications.
V. The subscribers/students are not permitted to use the IT facilities to
a) view pornographic and/or racist sites, or sites that are in any other sense contrary to public morals;
b) send intimidating, pornographic and/or racist electronic messages;
c) disseminate information that is, according to generally accepted standards, not suitable for dissemination;
d) delete, change or peruse data without authorisation; violate copyright or any other rights, such as through the illegal downloading, accessing or offering of software;
e) maintain or offer websites or other information for commercial purposes;
f) launch so-called denial-of-service (DoS) attacks.
VI. Messages, information or statements on the part of subscribers/students may not:
a. be contrary to the purpose of the electronic service,
b. damage the Open Universiteit, or
c. be in contravention of the law or of the unwritten rules of morality and decency.
VII. The generally accepted social conventions (netiquette) for the internet are applicable to the use of IT facilities within the framework of OpenU.
Article 4. Intellectual property rights
I. The student that makes use of the Open Universiteit's IT facilities is responsible for complying with the Copyright Act and all other relevant laws and regulations pertaining thereto, as well as for complying with the policy of the Open Universiteit with respect to copyright.
II. Unless stated otherwise, the reproduction and publication of software and/or other materials is not permitted without the required permission of the copyright-holder(s).
III. The student must, in using software, adhere to the applicable license provisions.
IV. By saving your contributions you are releasing your contributions under the Creative Commons license CC BY-NC-SA, available at http://creativecommons.org/licenses/by-nc-sa/3.0/
Article 5. General supervision and control by the IT department of the Open Universiteit
I. The Open Universiteit's incoming and outgoing electronic traffic is checked in an automated manner for viruses and other harmful programmes within the framework of system and network security. Infected electronic traffic is deleted.
II. Incoming electronic traffic is checked in an automated manner for spam. Messages are tagged with the measured spam level. All messages are delivered to the addressee, who can decide how to deal with the spam. No information that can be traceable to a person is retained with respect to the results of this process.
III. With due regard for the Personal Data Protection Act, the use of the facilities is – for the purposes of preventing administration and capacity problems and preventing misuse of the IT facilities – controlled by means of automated processes. The data collected in these processes cannot be traced back to persons.
IV. The necessary logging and/or backup of traffic data and electronic traffic collected by the Open Universiteit's IT department are not published and are not retained for longer than is necessary. This traffic data and messages are used to track down any issues that may arise in electronic traffic.
Article 6. Complaints and further investigation
I. If the Open Universiteit's IT department establishes that a subscriber/student violates one or more rules in these Regulations, then the department reports this violation to the Open Universiteit's Data Protection Officer.
II. Complaints with respect to the use of IT facilities by an individual subscriber/student can be submitted by anybody to firstname.lastname@example.org.
III. The Data Protection Officer will institute an initial investigation into the nature of the violation/complaint. Should the Data Protection Officer establish as a result of this investigation that further investigation into the use of the IT facilities is required, the Officer will instruct the IT department in writing to institute a further investigation. The Data Protection Officer will also inform the OpenU project leader of this decision.
IV. The further investigation is undertaken by a member of the Open Universiteit's IT department, to be referred to hereinafter as the investigator. The investigator reports in writing to the Data Protection Officer.
V. An obligation of confidentiality holds for the investigator and all persons engaged by the investigator with respect to the personal data and/or other information made available within the framework of this further investigation. The investigator will inform the others that he engages of this obligation of confidentiality.
VI. The Personal Data Protection Act is applicable to the processing of personal data within the framework of the further investigation referred to in this article.
VII. Should a further investigation be instituted, the subscriber/student concerned is informed hereof in writing, along with a substantiation thereof, by the Data Protection Officer no later than five workdays after the initial investigation is completed.
VIII. The data obtained within the framework of a further investigation concerning the use of the IT facilities is, if it is not relevant to the further investigation and any resulting measures that might be engaged, deleted forthwith. Relevant data is only stored for the period required to complete the further investigation and any resultant measures to be engaged. Measures are understood to be sanctions as stated in article 7 of these Regulations.
Article 7. Sanctions
I. Should it be ascertained at any time that a subscriber/student is acting in violation of that which is determined in these Regulations, the Board of the Open Universiteit can decide to revoke, temporarily or permanently, the user name of the subscriber/student. This means that access to the IT facilities, for which the subscriber/student must authorise himself or herself using the user name, will be blocked for that period. The subscriber/student will be informed of this decision by e-mail or letter from the Data Protection Officer.
II. If the Open University is compelled to pay financial compensation and/or a penalty to third parties because a subscriber/student violated one or more provisions in these Regulations, the Open Universiteit will recoup this compensation and/or penalty from the subscriber/student in person.
Article 8. Objection
I. The subscriber/student who is or is set to be the subject of a further investigation as referred to in article 6, third section, or upon whom a sanction is imposed as referred to in article 7, can lodge an objection to this with the Board on the grounds of his or her personal circumstances.
II. The Board will respond within four weeks of receipt of the objection. Should the objection, as referred to in the previous section, be declared to be well-founded, the data obtained by means of the further investigation is deleted forthwith. Further, any measures engaged as a result of the further investigation are revoked.
III. A decision with regard to an objection as referred to in the first section of this article holds as a decision in the sense of the General Administrative Law Act.
Article 9. Coming into effect and Evaluation
I. These OpenU Regulations for the Use of IT Facilities have been determined by the StOER project group.
II. These OpenU Regulations for the Use of IT Facilities take effect as of 27 May 2010.
III. The Regulations will be periodically evaluated once they take effect, and subsequently when there is reason therefore.
Article 10. Official title
These regulations can be cited as "OpenU Regulations for the Use of IT Facilities" (Reglement gebruik ICT voorzieningen OpenU).
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