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Terms of Use - Kenes Education B.V.

General

These Terms of Use (“the User Terms”) were last modified on 8 February 2021.

These Terms of Use govern your access and use of the learning management system (the “Site”) and associated products, software, and services (the “Services”) provided by Kenes Education B.V. a company organized and registered under the laws of The Netherlands under registration number 5247557 whose registered office is at Telepoortboulevard 130, 1043 EJ Amsterdam, the Netherland ("we", "us", “our" or “Kenes”). Kenes Education B.V. is the appointed eLearning support provider for the European Society of Paediatric and Neonatal Intensive Care (ESPNIC).

Unless otherwise expressly agreed in writing with Kenes, your agreement with Kenes will always include, at a minimum, the terms and conditions set out in these User Terms.

1.      Acceptance of User Terms

1.1.   Your use of the Services is subject to and conditional upon your acceptance of and compliance with these User Terms.  You may not use the Services if you do not accept these User Terms by:

1.2.   Your clicking to accept or agree to these User Terms, where this option is made available to you by Kenes in the user interface for any Service; or

1.3.   Your actual use of the Services. In this case, you understand and agree that Kenes will treat your use of the Services as acceptance of these User Terms from that point onwards.

2.      Use of Services

If you use the Site you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on the Site. Kenes and the Third Party Content providers are not responsible for the consequences of any communications provided by you or other third parties on the Site.

As a condition to your access to and use of the Services, you acknowledge, agree and undertake to Kenes, as follows:

2.1.   To use the Services solely for purposes that are permitted by (a) these User Terms and (b) all applicable laws, regulations and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software).

2.2.   You are at least 21 years of age.

2.3.   To receive email communications from Kenes, which is important for Kenes to deliver the Services to you.

2.4.   That the form and nature of the Services which Kenes provides may change from time to time without prior notice to you.

2.5.   That Kenes may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Kenes’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Kenes when you stop using the Services.

2.6.   Prohibited Use
Kenes reserves the right to limit a user’s access to the Site if a user is deemed to violate any of the conditions stated in this Terms of Use.

You shall not

(1)   use the Site for any illegal purpose

(2)   engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

(3)   engage in any other conduct that restricts or inhibits, any other person from using or enjoying the Site, or,

(4)   sub-license, loan, provide, or otherwise make available, your right to use or access the Services or any part of them, in any form, in whole or in part to any person without Kenes’ prior written consent;

(5)   translate, merge, adapt, vary, alter or modify, the whole or any part of the Services or any content on it, nor permit the Services or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Services as permitted in these User Terms;

(6)   disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services or any content on it nor attempt to do any such things.

(7)   impersonate any real or fictional person or entity or perform any fraudulent activity.

(8)   engage in any other conduct which, in the judgment of Kenes, exposes Kenes, the ESPNIC or any of its site users or content providers to any liability or detriment of any type.

You may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos, without prior written permission from Kenes or the copyright owner. You may not alter or remove any trademark, copyright or other notice from the Content.

If you make submissions to the Site, you agree that you will not (1) send or transmit to the Site any communications, content or submissions of any kind that infringe or violate the intellectual property, privacy, publicity or other rights of any party or that are unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Kenes in its sole discretion, or (2) post personal information of any other person (including, without limitation, Protected Health Information).

2.7.   Linking Policy
Unless you and Kenes have agreed otherwise, links from another website to the Site must resolve to the top-level homepage of the Site. If you place a link on your or another web site to the Site, neither the web site nor the link may suggest that Kenes or the ESPNIC endorses, sponsors or is affiliated with any other site, entity, service or product, and you may not make use of any trademarks or service marks of Kenes, other than those contained within the text of the link.

2.8.   Account and Password
The Site has several tools that allow you to record and store information and require a login. You may not obtain or attempt to obtain unauthorized access to such areas of the Site through any means not intentionally made available by Kenes for your specific use. You are responsible for all activities that occur in connection with your account and password. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) restrict access to and use of your ESPNIC Education Portal account and password; (3) promptly inform Kenes of any need to deactivate a password; and (4) notify Kenes immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

3.      Content

3.1   Ownership of Content
All text, graphics and other materials on the Site ("Content") are the property of ESPNIC, or its licensors, suppliers and other third parties mentioned on the Site (collectively the "Third Party Content Providers"), in each case as indicated by the copyright notice for each Content item. All works of authorship are protected by applicable copyright laws. All trademarks and service marks on the Site belong to ESPNIC or its data processor, Kenes, except third party trademarks and service marks, which are the property of their respective owners. The Site includes news and information, tools, commentary, research reports and data concerning advanced technologies and treatments of diabetes and other subjects. Some content is supplied by ESPNIC, some (the “Third Party Content”) is provided by Third Party Content Providers and some is provided by users of the Site (see “User-Generated Content” below).

3.2  User-Generated Content
If you submit any information, idea, concept or invention to the Site you agree that ESPNIC or Kenes may release such submission to others, subject to the Kenes Privacy Policy, and you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Kenes a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to store, use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such intellectual property in any media or medium, or any form, format, or forum now known or hereafter developed. Kenes may sublicense its rights through multiple tiers of sublicenses.

You warrant that your submissions are truthful and provided in good faith; you understand that users are relying on the accuracy and truthfulness of submissions made, and that ESPNIC, and the scientific community in general, can be damaged if any of your submissions are false or misleading.

You authorize Kenes to publish your name, affiliation and/or geographic location in connection with your submission.

Kenes reserves the right, but is not obligated, to do any or all of the following:

1.Record the dialogue in online forums.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Edit or remove communications which fail to conform with these Terms.
4. Terminate a user's access to any or all interactive areas of the Site (or otherwise revoke a user’s privilege to submit content) for any reason, without prior notice.
5. Monitor, edit, or disclose any submission you make to the Site, subject to the Kenes Privacy Policy.
6. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violates these Terms.

Kenes reserves the right to edit comments and other text submissions posted to or otherwise submitted to the Site, and also reserves the right not to post or to terminate the posting of comments or other text submissions.

Kenes and the Third Party Content providers have no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities.

Kenes shall have no liability to protect, store or maintain the annotations that users of the Site may add to the Content on the Site.

3.3  Third Party Content
Although Third Party Content may be displayed on the Site or available through a link to a third-party site, Kenes has not been involved in the preparation, adoption or editing of Third Party Content. While Kenes makes every attempt to provide accurate and timely information to serve the needs of users, neither Kenes, the ESPNIC nor the Third Party Content Providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Kenes and the Third Party Content Providers specifically disclaim any responsibility for Content available on the Site. The use of the Site and the Content, including Third Party Content, is at your own risk

4.      Disclaimer of Medical Advice

The Site does not provide medical advice. The Content is for informational, educational, research and reference purposes only and is not intended to substitute for professional medical advice, diagnosis or treatment. Always seek advice from a qualified physician or health care professional about any medical concern, and do not disregard professional medical advice because of anything you may read on the Site. The views of individuals quoted on this Site are not necessarily those of the ESPNIC.

Neither the Site nor ESPNIC endorses any company or product, and listing on the Site is not linked to corporate sponsorship nor does it imply any endorsement by the Site or the ESPNIC. We do not make a claim to being comprehensive or up-to-date.

5.      Software License

5.1.   Kenes hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Kenes as part of the Services as provided to you by Kenes (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kenes, in the manner permitted by these User Terms.

5.2.   You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Kenes, in writing.

5.3.   Unless Kenes has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

5.4.   The Software may be updated from time to time from Kenes. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Kenes to deliver these to you) as part of your use of the Services.

6.      Privacy

6.1.   For information about Kenes’ data protection practices, please read Kenes’s privacy policy available on the event website and/or on the registration page through which you gain access to the Services.

6.2.   You agree to the use of your data in accordance with Kenes’s privacy policies.

7.      Termination

7.1.   These User Terms will continue to apply until terminated by either you or Kenes as set out below.

7.2.   Kenes may at any time, terminate its legal agreement with you if: (A) you have breached any provision of these User Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these User Terms); or (B) Kenes is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom Kenes offered the Services to you has terminated its relationship with Kenes or ceased to offer the Services to you; or (D) Kenes is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by Kenes is, in Kenes’s opinion, no longer commercially viable.

7.3.   When these User Terms come to an end, all of the legal rights, obligations and liabilities that you and Kenes have benefited from, been subject to (or which have accrued over time whilst these User Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

8.      LIMITATIONS OF LIABILITIES

8.1.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, KENES, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

8.2.   KENES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8.3.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT KENES, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH KENES MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE KENES WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

8.4.   THE LIMITATIONS ON KENES’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT KENES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

8.5.   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9.      Changes to User Terms

Kenes may make changes to these User Terms from time to time.

You understand and agree that if you use the Services after the date on which these User Terms have changed, Kenes will treat your use as acceptance of the updated User Terms or Additional Terms.

10.   Governed by Law

These User Terms are governed by and interpreted in accordance with the laws of The Netherlands, excluding that body of law related to choice of laws. Any proceeding brought to enforce these User Terms or to adjudicate any dispute related to these User Terms must be heard in the courts of Amsterdam, The Netherlands. Each party submits itself to the exclusive jurisdiction and venue of these courts for purposes of proceedings related to these User Terms, waives forum non convenience and similar defenses, and agrees that any service of process may be affected by delivery of the summons to the address for notice as specified herein.

Contact Us

If you have any questions, comments or requests about these Terms of Use, please contact us by email at education@espnic.eu 

Full policy

Privacy Policy – Kenes Education B.V.

The Privacy Policy was last modified on 8 February 2021.

The ESPNIC Education Portal, a learning management system (the “Site”) and associated products, software and services (the “Services”) are provided by Kenes Education B.V. a company organized and registered under the laws of The Netherlands under registration number 5247557 whose registered office is at Telepoortboulevard 130, 1043 EJ Amsterdam, the Netherlands. Kenes Education B.V. ("we", "us", “our" or “Kenes”), is the appointed eLearning support provider for the European Society of Paediatric and Neonatal Intensive Care (ESPNIC) registered in Geneva, Switzerland.

This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Dutch Data Protection Act (the Act), the data controller is Kenes Education (registered in Amsterdam, The Netherlands), on behalf of ESPNIC (registered in Geneva, Switzerland).

Information we collect and how we collect it

We will collect and process the following data about you:

•   Information you give us: Membership Application or Online / Email-Based Registration. 
To process your online registration, we may ask you to provide common required information including name, email address, etc. This is information about you that you give us by filling in forms on our Site. It includes information you provide when you register to use our Site, enroll into our courses, search for a topic, update your user profile on our Site, participate in discussion boards or any social functions on our Site, complete a survey, participate in an online educational event and when you report a problem with our Site.

•   Information we collect about you: Automatically Collected Information. 
We collect data about the movement of users on the Site. This may include the Internet Protocol Address of your computer, host name, domain name, browser version and platform, date and time of requests and files downloaded or viewed. We use this information to analyze usage of the Site. We also use cookies to collect information and personalize your experience on the Site. We store a limited amount of personal information in cookies.

How we Use and Disclose Your Information

We are processing your data for purposes of administering your learning and gaining relevant accreditations required. We use the information we hold about you to give you the best user experience and educational service that we can.

The lawful basis of the data processing is your registering to the Site (contract), and it is necessary in order to deliver the educational service to you.

We do not sell your personally identifiable information to third parties or mass marketers. For example, we will not sell another company your name or email address. On occasions, we may ask for your consent to share particular data with a third party. In addition, we reserve the right, without disclosing your personally identifiable information to third parties, to use the information you provide to offer you additional Kenes, ESPNIC or Third Party products and services that we think will be of interest to you.

We do disclose aggregated data to our sponsors to generate reports and develop medical educational needs-based research. For example, we tell funding agencies how many people visit the Site or specific parts of the Site. Where available, we may offer additional information about viewer characteristics. However, this does not include personally identifiable information about you or your online usage patterns.

On occasion, we may use the content you post in the Site’s community section including discussion forums or any other public section of the Site for promotional purposes, in email newsletters, in promotional collateral, or elsewhere and by using the Site you agree that we may do so. You should exercise caution when deciding to disclose your personal information in these areas.

We may share your personally identifiable information with third parties with which we contract to (i) help enhance the functionality of the Site, (ii) fulfil necessary compliance and accreditation criteria when reporting learning outcomes to certifying institutions and accreditation bodies; and to (iii) provide new products, services and content. For example, we use third parties for webinar registration and (where applicable) for newsletter generation. We make sure that these third parties do not use this information for any other purpose and do not share the information with any other third party. These third parties must maintain the confidentiality of your personal information and have access to your personal information only to the extent necessary to perform the function that we have requested.

International transfers

We may share your personal data within the ESPNIC Office and the Third Parties mentioned above. This will involve transferring your data outside the European Economic Area (EEA). Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring the following safeguards are implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

Security

All information you provide to us via the Site hosted by OpenEdu (Torenallee 36-28 5617 BD Eindhoven Netherlands Learning Management System host) is stored on secure servers hosted by Hetzner Online GmbH Industriestr. 25, 91710 Gunzenhausen, Germany; maintaining ISO-27001-Certification.

While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We encrypt your information using Secure Socket Layer (SSL/TLS) technology.

Data retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. For an inactive period of more than one year, your personal data will be either suspended due to inactivity or removed from the Site for users with incomplete registration.

Access to information 

In order to ensure that the information we maintain is accurate, the Site gives users the option to change or modify their previously provided information. Users can manage their User Profile area of the Site. Site Administrators have access to the users’ profile changes. Users can submit corrections to comments that they previously posted on the Site.

The Dutch Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. We will endeavor to respond in a timely manner to all reasonable written requests to view, modify or delete Personal Data.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by contacting us at education@espnic.eu . If you reside in the EU, 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 infringement, if you feel that the processing of your personal data infringes the General Data Protection regulation (GDPR).

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. We are also not responsible for removing information from third-party lists or databases. 

Contact Us

If you have any questions, comments, or requests about this Privacy Policy, please contact us by email at education@espnic.eu.