1. Introduction

Eduopen is a federated project of Italian universities and other selected partners.
The list of federated universities is available at the Home Page of the website {malng} {mlang es} Se puede acceder a la lista de universidades federadas desde la Página principal del sitio web {malng} {mlang it} L'elenco degli Atenei federati è accessibile dalla Home Page del sito {malng} www.learn.eduopen.org {mlang en}and it can be modified without notice.
The following Terms and Conditions for the use (Terms) and the Policies for the use of data and cookies (Privacy Policy) are applied in their functions on the portal where courses are offered (learn.eduopen.org, “Learn”).
Please, read very carefully these Terms because they regulate your access and use of contents and activities in EduOpen.
By the registration on EduOpen (Website and Learn), you subscribe that you have read, understood and agreed these Terms and Privacy Policies. Furthermore, you agree to receive Newsletter sent for information purposes only about EduOpen service, without any commercial purposes.
In case of non-acceptance of Terms and Privacy Policy you must stop using the resources of EduOpen learn portal.

2. Users and Universities

The use of EduOpen resources, including the registration on courses or pathways, as well as certificates of attendance and the course’s completion, implies the enrollment at the University and the issue of ECTS or academic qualifications. Federated Universities, with their own regulation, may automatically, and after proper proceedings, attribute a formal value to learning activities completed on EduOpen.

3. Code of Honour

By the registration on EduOpen you agree with the respect of a behavioral Code of Honour in order to respect contents and material as well as identities and provided data.
By accessing EduOpen and courses offered I am informed that:

EduOpen is the result of scientific discourse of Italian Academia about Technology Enhanced Learning;

EduOpen shares Open Education principles;

EduOpen offers high quality pathways in order to generate specific and effective learning in a lifelong perspective;

EduOpen LMS is the content management system based on a Moodle release modified and integrated for the distribution of Moocs;

EduOpen gives attention to efficiency, continuity and good quality of the service, reducing technical inconveniencies;

EduOpen protects data privacy and confidentiality of the user. Data use, into anonymous form, is justified for statistic or research purposes only and they are useful for communication about portal or courses’ updates;

Teaching materials have been licensed by professors and universities with Creative Commons, non-commercial attribution licenses, 4.0 International, www.creativecommons.it;

In each course professors have planned a learning pathway, attempting to the achievement of specific educational goals. In particular, they use, present and motivate contents, teaching methods, summative and formative evaluation criteria.

Hence, I agree

To register only one account providing my personal data in a true and correct manner;

To attend courses with responsibility and profit, following online resources and being actively engaged in learning dialogue, respecting deadlines;

To use teaching materials carefully in compliance with Creative Commons Licences;

To collaborate with professors and colleagues for the achievement of learning goals and for the sharing of information obtained;

To use fairly the platform without forcing, damaging or tampering with the informatics system used;

To attend in person, without any mandates, assessment activities;

To respect professors and colleagues in speech and language, with kindness and decorum, and avoiding any vulgarity or controversy, including the promotion of illegal actions aimed to violence, harassment or spamming;

To pay the fee for the assessment test, in order to obtain certificate or ECTS according to rules and information provided.

4. Resources in EduOpen

1. By using EduOpen resources (Website and Learn) and courses published there ( as Visitor or Registered Users), you accept these Terms and Privacy Policies along with local, national and international laws and rules.
2. Your use and access to Website and Learn is subject to the following conditions. You are aware that different uses implies a violation of these Terms, and you have to assume the responsibility of eventual persecution within the legally required terms:
   1. You agree to not use or publish defamatory, offensive, harassing or menacing contents to other users;
   2. You agree to not use contents about illegal activities with the intention of perpetrating these activities or encouraging others to perpetrate them;
   3. You agree to not use contents without any respect for others’ intellectual property, including, but not limited to, copyright, mark right, business secrets, etc.
   4. you agree to not use contents for which you are not entitled to;
   5. you agree to not use obscene and/or pornographic materials or speeches, imagines and videos, or material which may offend or damage other users by any means; {mlnag es}Usted acepta no utilizar el sitio web o “Learn” para publicidad, promoción o cualquier otra acción de solicitud comercial;{mlang} {mlnag it}Accetti di non usare il Sito o Learn per scopi pubblicitari, promozionali o per qualunque altra azione di sollecitazione commerciale;{mlang}
   6. you agree to not use contents which violates law and existing regulations at national and international level;
   7. you agree to not use contents which may monitor or control the vulnerability of any computer system or computer network; Usted acepta no usar contenidos que pueden monitorear o controlar la vulnerabilidad de cualquier sistema informático o red de computadoras;
   8. {malng en}you agree to not use contents which may bypass any security system;{mlang}
   9. you agree to not use contents which may damage other users, server or network, such as virus, spamming, mail-bombing, etc;
   10. you agree to not use contents which may install malware or adware or in any means use Learn and Website for distributing malware or adware;
   11. you agree to not extract data from Learn and Website without prior consent of EduOpen;
   12. you agree to not use Learn and Website for any commercial purposes without prior consent of EduOpen.

5. Data requirements and their use, purposes and legal basis

1. During the phase of access on EduOpen Learn platform, some personal data are registered, which will be use for informative and formative purposes only, relating with institutional activities of EduOpen;
2. Registered personal data are stored in Inter-university Edunova Centre on behalf of EduOpen Network and they are not given to others for any reason. The person in charge of the control of answering is Prof. Tommaso Minerva, Director of Inter-University Edunova Centre;
3. During the registration, you have to provide the following information: name, surname, e-mail address, institution, locality, nationality. In your profile you can also add other personal data or contacts;
4. The Browser and the use of Learn and Website are registered, including your interactions on forums, homework and other materials;
5. Collected data may be used for the following purposes:
   1. Anonymously, for analysis, studies, publications and researches;
   2. To provide the service and improve the quality;
   3. To protect us and our users;
   4. To provide the best experience possible as user;
   5. To complete each action required by the website (for instance, automatic fill of certificate format, badges, etc);
   6. To issue the Open Badge through CINECA partner (external data controller), communicating your name, surname and e-mail address exclusively for the Open Badge on Bestr platform;
   7. To participate to the authentication federation IDEM-GARR;
   8. To send updates, news, newsletter about the EduOpen services, the courses you attend and for which you are interested in;
   9. To manage your profile on EduOpen platform;
   10. To allow the access to reserved area and services for registered users;
   11. To satisfy law banning and requests by judicial authorities and law enforcement authorities.
6. Please note that for security needs IP address, time and the term of each connection (Log file) may be registered; expressed authorised people only have the access to this data in case of necessity.
7. Personal data are used for requirements of the institutional activity of EduOpen ( informative and formative purposes{mlang it}TERMINI E CONDIZIONI GENERALI PER L'UTILIZZO DI EDUOPEN E PRIVACY POLICY ("TERMINI E PRIVACY"){mlang), the legal basis of which – as the case may be – are the execution of public interest activities (“relevant public interest” means education activities at scholastic, professional, higher education and university level) in the execution of a contract which includes the user ( for instance, for courses’ offer or for sending information related to learning services by e-mail and/or any other media) or for pre-contractual measures taken on demand by the user or for the execution of legal obligations to which the Holder is is required to.

6. The nature of personal data and consequences of refusing the publication

The transmission of personal data on different sections of the public portal (Website) or the portal for learning activities (Learn), if it is mandatory, it is necessary in order to use the required services. Any refusals to communicate data required may cause the impossibility of using the service or the impossibility of providing other available services.
As the case may be, and if necessary, the user will be informed in each case of the mandatory or optional basis of the data transmission. On the other hand, the lack of optional personal data does not imply any obligation or disadvantage for the users.

7. Transmission of Extra EU data

User personal data will be not sent to other Countries out of the European Union, which does not guarantee adequate level of protection. If it is necessary (for example, for processing activities which may be delegate abroad directed to extra-European suppliers), we guarantee that the transmission of personal data towards non-European Countries, which does not guarantee adequate level of protection, will be executed after specific contracts between Inter-University EDUNOVA Centre, containing safeguard clauses and guaranteed for personal data protection (for example, standard contractual terms approved by the European Commission) or exclusively requirements compliant with Italian and European applicable norms.

8. Users’ rights

Users have right to obtain the confirmation about the existence of personal data and their communication in intelligible characters.
Users have right to obtain information of:

content and origin of personal data;

processing purposes and modalities;

the logic applied to the processing using IT devices;

identification details of holder and people in charge;

the duration of storage related to specific categories of processed data;

subjects or specific categories to which personal data may be communicate or to whom may be communicate as holders or people in charge;

update, correction, or, if interested, data addition;

deletion, transformation into anonymous form or the limitation of processing data (for example, if processed in law violation), including those for whom storage is not required in relation to the purposes of data collecting and processing;

request of immediate deletion of data;

data portability for other holder;

opposition to the processing (for example, the sending of advertising material or direct marketing or for market research or commercial communication;

opposition to any automatic decision-making process (including profiling);

withdrawal of any consent, if so required, ( please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal);

confirmation that the operations previously mentioned have been brought to the attention, also with regard to the content, of those that data have been communicated, apart from the case of impossible requirement or when it implies the use of means too disproportionate for the protected right;

In order to exercise the above-mentioned rights, users may communicate with the person in charge of the privacy, Prof. Tommaso Minerva, Director of the Inter-University EDUNOVA Centre. It is possible to send an e-mail to the address [support@eduopen.it], indicating ‘Privacy’ as object. You can also contact the person in charge of Data Protection reported below.
Finally, please note that users have always the right of submitting a complaint to the Antitrust Authority for the protection of personal data aimed to exercise their rights or for any other issue concerning the processing of personal data.

9. Personal data Recipients

Exclusively for organisational and functional needs and for reasons strictly connected with the supply of service, users’ personal data may be available to third companies, contractually bound to the Holder. These companies provide specific services (for example CINECA) and as companies in charge of the processing, will use your data only on behalf of the Holder and for the purposes defined in this Privacy Policy. Also, they respect legal limits and eventual consents provided.
Personal data will be not communicate, given or transferred to third parties for illegal purposes or without expressed consent. Along with the referent of the processing, users’ personal data may be available to third companies (independent holder of the processing), which process data exclusively for applying EduOpen services and for additional purposes concerning the provision of services to users.
For example, you find below some of third parties we are working with, and that may be the recipients of users’ personal data: provider of management requirements services, provider of services or IT solutions as support of EduOpen networks. Users’ data will be not distributed, excluding the communication and distribution of data required, in accordance with law, by police, judicial authority, information and security bodies, or other public subjects for purposes related to defence or State security, or else for prevention, check or detection of offences.

10. Storage period for data

Users’ personal data are processed for the period of time strictly necessary to achieve the purposes previously mentioned. Data are stored without any temporal limit for the whole period during which the user is registered to the platform.
Criteria used to determine the storage period are established by:

1. specific laws, which regulate the activity of EduOpen and other federated universities;
2. by the period of permanency of the user registered to our services;

11. Cookies and technologies for data analysis

EduOpen platforms use Cookies in order to guarantee the access to systems, to identify user and devices used for the connection, and to personalise the user’s experience on the platform.
EduOpen platforms use a tool for accesses’ analysis. Data are not given to any provider.

12. Licenses and intellectual properties

Contents published on EduOpen (‘Courses’) are issued under Creative Common Attribution, Share A like, Non Commercial – International 4.0 licenses, excepting for the contents produced by users, which are their exclusive property.
In particular, it is allowed, in whole or in part, the use and the modification of the materials published by EduOpen as long as the work is assigned to the author quoting:
Author Name and Surname
Institution
Title of the course
Source URL
Platform where the course has been published
The use is premised on the fact that the works published on EduOpen are issued with the same kind of license.
It is not allowed the use even partial of contents and materials which implies any kind of commercial exploitation or possible earnings, even indirect.

13. Right and modification of Terms and Conditions for EduOpen use

EduOpen deserves the right to modify Terms and Privacy Policies at its sole discretion and at any time without prior notice. Any modification will have an immediate effect as soon as they will be published on EduOpen website.
EduOpen will communicate, with no obligation, any possible change. It is maintained that the use of EduOpen (Website and Learn) implies the acceptance of changes introduced.

14. Ownership of the processing and Contact

The holder of the processing and the coordination of EduOpen platform is:
University of Modena and Reggio Emilia
Inter-University Center EduNova
Antonio Allegri 13
42121, Reggio Emilia, Italia
For any questions or issues, please write to: info[AT]eduopen.org or support[AT]eduopen.org.
Contacts of data protection officer: dpo@unimore.it. You can use the same e-mail address for other information about data processing and/or supervisor authority.

(updated: October, 17th 2018)

15. Personal data processing

In addition to the document "Terms and conditions for the use of EduOpen and Privacy Policy” ,you accept the following conditions by mean of EduOpen system.
Registered data (personal data, evaluation, messages and tracking of your activities) are stored in accordance with the regulation in force. The services provider ensures data protection and confidentiality within the limits and according to the standard safety procedures of their use.
Please note that, in accordance with Italian and European regulation about data protection ( General Data Protection Regulation n. 679/2016), data collected through application form or profile on the platform, will be stored in database and processed for the following purposes:

research study strictly connected with academic activities and carried out by the scientific committee of the network;

procession of data for statistic purposes about the platform’s use and the users’ learning modalities;

communication and dissemination of events about the portal ( new online courses offered by EduOpen, maintenance and updates of the website);

annual reports;

administrative activities aimed to courses’ management and certificates’ issue by EduOpen or third parties (Federated universities).

With regard to the processing of personal data by services provider, user has the right to appeal the regulation about data protection as specified in Privacy Policy.
Any change of the service policy for pages and courses on EduOpen portal will be published in this section and communicate to the users without delay.
For the consultation of the whole regulation and for additional information about personal data processing, please read the document ‘Terms and conditions for the use of EduOpen and Privacy Policy’.

(Published: October, 17th 2018)

16. GÉANT Data Protection Code of Conduct

Name of the service
EduOpen
Description of the service
EduOpen is a project funded by the Ministry of Education, University and Research for an extraordinary intervention under Article 11 of the Ministerial Decree of 4 November n.815 (distribution of the Ordinary Fund) aimed at creating a platform for the delivery of courses defined Mooc (Massive Open Online Courses) by a network of Italian universities and a set of selected partners. The network is open to the participation of other universities and bodies/associations/networks of particular scientific and cultural importance.
The aim and philosophy of the project is part of the Open and Digital Education movement, a rapidly developing phenomenon that currently sees the participation of over 60 million users worldwide with a monthly increase of over 40,000 new users!
Almost one new medium-sized university per month.
Data controller and a contact person
Centro Interateneo EDUNOVA - Prof. Tommaso Minerva (info.[AT]eduopen.org)
Jurisdiction
Viale Antonio Allegri 13, 42121 Reggio Emilia (Italy)
Personal data processed
A. Following data is requested from your Home Organisation:eppn -> username
B. Following data is gathered from yourself: givenName - > firstname; sn->Surname; mail -> Email Address
Purpose of the processing of personal data
In accordance with Italian and European legislation on data protection (General Regulation on the Protection of Personal Data n. 679/2016), we inform you that the data, collected through registration forms and profile pages on the platform, will be stored in databases, collected and processed for the following purposes: scientific research activities closely related to the academic activity carried out by the scientific community of the network; processing activities for statistical purposes of data concerning the way the portal is used and the learning methods of registered users; communication and dissemination activities of events related to the portal (new online courses offered by EduOpen, maintenance or updates of the site); preparation of annual reports; administrative activities aimed at the management of the courses and the issue of certifications by EduOpen and third parties (member universities).
How to access, rectify and delete the personal data
[support@eduopen.it] - indicating 'Privacy', or by writing to the contact details of the Data Protection Manager indicated below.
Data retention
Users' personal data are processed for the time strictly necessary to achieve the purposes and purposes listed above. The data are stored without a time limit for as long as the user is registered on the platform. The criteria used to determine the storage period are established by: specific rules of law, which regulate the activity of EduOpen or the Universities; the period of retention of the interested party as a registered user of our services;
Data Protection Code of Conduct
Your personal data will be protected according to the Code of Conduct for Service Providers, a common standard for the research and higher education sector to protect your privacy.

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The holder of the processing and technical management officer of the portal is:

Inter-Universities EDUNOVA Centre

Viale Antonio Allegri 13

Contact: Prof. Tommaso Minerva (info.[AT]eduopen.org)