Conditions of use of the DCVMN International E-learning platform

Résumé

By connecting to the DCVMN International E-learning platform, you indicate that you have read these conditions of use

Different conditions apply depending on whether you are a user, teacher, manager or administrator:

Conditions of use of the DCVMN International E-learning platform - users
Conditions of use of the DCVMN International E-learning platform – teacher, managers and administrators

Complete policy

By clicking on "I accept", or otherwise by using the platform, you agree to be bound by these conditions of use. If you do not agree to these terms, or if you do not wish to be bound by them, you do not have the permission to use the platform. Please read these terms carefully as they contain important information and affect your rights.

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Conditions of use of the DCVMN International E-learning platform - users

1. Description

Moodle is a free online learning platform distributed under a public license.

The DCVMN International E-learning platform is an IT tool that:

a) allows teachers to make readable digital resources available in a predefined format (text files, multimedia, etc.);

b) allows teachers to offer individual or collaborative activities accessible online to their students (work reports, forum, wiki, etc.).

c) offers organizational features facilitating participant management (list of participants, distribution of participants into groups, communication with participants or even the administration of the gradebook, etc.).

The word “Moodle” is a registered trademark whose conditions of use can be consulted at the following address: https://moodle.com/trademarks/

2. User types

There are three types of DCVMN International E-learning platform users:

a) those responsible for teaching (“teaching manager”);

b) students, participants in the courses concerned, external users or guests (hereinafter: “the users”).

c) administrative and technical staff responsible for managing programs and courses; (hereinafter: “the administrators”).

These conditions of use are aimed at people in the “users” category according to letter b above.

3. Compliance with the legal framework

When using DCVMN International E-learning platform, users undertake to respect:

a) the internal regulations of DCVMN International (Directives, Regulations, etc.), available here: https://dcvmn.org/statutes-by-laws/;

b) the applicable legislation regarding the protection of personal data;

c) copyright legislation;

d) any other applicable legislation, in particular the provisions punishing the subtraction of data (art. 143 and 179novies of the Swiss Penal Code, CPS), hard pornography (art. 197 CPS), offenses against honor (insult, slander, etc.);

e) these conditions of use.

Any abuse in the use of DCVMN International E-learning platform or breach of these conditions of use may result in the immediate suspension or removal of access to it and the opening of legal proceedings.

4. Access to the platform and identifiers

The different types of access to DCVMN International E-learning platform are as follows:

Access with authentication

The DCVMN International E-learning platform can be accessed two types of access with authentication:

a) Access assigned and provided by administrators;

b) Access created by the user

Whether the access is assigned and provided by administrators or generated by the users, users shall in all cases:

a) secretly keep their identifiers allowing access to DCVMN international E-learning platform;

b) not to disclose their identifiers to a third party for reasons of confidentiality and security;

c) not to authenticate with those of a third party; and

d) log off at the end of each session, if using a shared computer or if a personal computer is likely to be accessible by third parties.

Public access without authentication.

The anonymous DCVMN International E-learning platform user only accesses spaces that explicitly authorize anonymous access. In these spaces, they access all the content and activities available to users, without however being able to actively participate (submit an assignment, write a message, take a test, contribute to a wiki, etc.).

Any possibility of anonymous access may be deleted at any time, without reason and does not give rise to any claim against DCVMN International.

5. Security

The users shall use the platform in a proper and reasonable manner, and not use it in a way that might cause harm to DCVMN. Any user undertakes in particular not to deliberately disrupt the proper functioning of DCVMN International E-learning platform, whether by installing or copying harmful programs (such as viruses, Trojan horses or logic bombs, etc.), aiming to circumvent security of DCVMN International E-learning platform, perform systematic retrieval or web scraping of content from the platform (including robots, crawlers, automatic devises or manual processes), or by any other behavior.

6. Content

Unless otherwise agreed in writing with DCVMN, and subject to any paternity rights, the content published on the platform is and will be exclusively owned by DCVMN, and users hereby assign to DCVMN all rights, title and interests in and the content published on the platform.

Users who post documents and content in DCVMN International E-learning platform are responsible for them.

Any content posted on DCVMN International E-learning platform by a user in the form of digital files (e.g. text files, multimedia, etc.) during activities (work reports, forum, wiki, database, etc.) or spontaneously must respect:

a) the copyright regime prescribed by the federal law of October 9, 1992 on copyright and related rights (LDA, RS 231.1);

b) the rules of ethics regarding plagiarism in force at DCVMN.

The copyright and all other rights relating to the texts, illustrations, photographs and other data contained in support of the documents filed are the exclusive property of the holders expressly cited.

The downloading or copying of texts, illustrations, photographs, videos or other data by users does not entail any transfer of rights to the contents, nor any other right such as in particular a retransmission.

Users undertake not to modify or redistribute content protected by copyright made available on DCVMN International E-learning platform beyond the teaching concerned and the private circle (i.e. between close relatives and friends and in no case by means of an electronic/computer tool such as for example distribution on social networks) without DCVMN's prior written approval. Users are strictly prohibited from copying in any way whatsoever any software or other tools available on the platform and from framing the platform, or accessing it through a frame, in each case without DCVMN's prior written approval.

When posting content on DCVMN International E-learning platform, users ensure that it does not contravene the data privacy policies relating to DCVMN International E-learning platform and particularly that third parties whose personal data appear in the content have been duly informed where necessary.

Any abuse in the use of DCVMN International E-learning platform may result in the suspension or removal of access to DCVMN International E-learning platform and the opening of legal proceedings.

7. Exchange of messages

Content as well as the exchange of messages through collaborative activities (forum, wiki, instant messaging, etc.) must comply in particular with good morals and dignity. defamatory, slanderous, insulting, racist, sexist, violent or pornographic comments are prohibited.

8. Limitation of liability

Despite the great attention it pays to the accuracy of the information disseminated on its sites or the IT tools it offers, DCVMN cannot be held responsible for the fidelity, accuracy, timeliness, availability, reliability and all of this information.

DCVMN expressly reserves the right to modify part or all of the contents of DCVMN International E-learning platform, to delete them or to temporarily suspend their distribution, at any time and without prior warning.

DCVMN cannot be held responsible for material or immaterial damage which could be caused by access to the information disseminated or by its use or non-use, misuse of the connection or by technical problems.

DCVMN will only be liable for direct losses caused by fraudulent or intentional breaches of DCVMN's obligations under applicable law or these conditions of use. DCVMN declines all responsibility for (i) damages arising from the use of the account and/or access to data by an unauthorized third party, (ii) damages arising from the teaching manager's advices or published content, (iii) damages caused in the event of extraordinary circumstances beyond DCVMN's reasonable control, and affecting all or part of the platform operations, or any (iv) indirect, consequential or punitive damages, including lost profits or loss of data.

9. References and links

DCVMN International E-learning platform may provide referrals and links to other websites and social media. Access to these sites and their use are the responsibility of the users. The information and services offered by these sites are entirely the responsibility of their authors and DCVMN makes no representation, either express or implicit, as to the quality, relevance, accuracy, completeness, up-to-date status, availability or legality of the content of these websites. The same applies to websites that contain a link to the DCVMN e-learning platform.

10. Personal Data

DCVMN collects and processes the user's personal data when using the platform. Data-related aspects are dealt with in more details in the privacy policy, available here [link]. The privacy policy may be updated from time to time.

11. Contact

For any questions relating to these conditions of use, you can contact us by email at: elearning@dcvmn.net

12. Measures and sanctions

Failure to comply with these conditions of use of DCVMN International E-learning platform, for any reasons including in the absence of any fault, negligence or wrongdoing attributable to the user, may lead to administrative, criminal, civil or disciplinary measures against the author. All DCVMN rights are reserved.

13. Entry into force and modifications

These conditions of use of DCVMN International E-learning platform are dated. They may be updated regularly. In this case, information will be provided via the moodle.dcvmn.net website. Any use of DCVMN International E-learning platform following this communication will be considered as acceptance of the latest version of the conditions of use. Only the French version of these conditions of use is authentic.

14. Applicable law and jurisdiction

These conditions of use and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with Swiss law, excluding its conflict or laws rules.

All disputes arising out of or in connection with these conditions of use, including disputes on its conclusion, binding effect, amendment and termination, shall be referred to the ordinary courts of Geneva, Switzerland.

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Conditions of use of the DCVMN International E-learning platform - teaching managers and administrators

1. Description

Moodle is a free online learning platform distributed under a public license.

The DCVMN International E-learning platform teaching platform is an IT tool that:

a) allows teaching managers to make readable digital resources available in a predefined format (text files, multimedia, etc.);

b) allows teaching managers to offer individual or collaborative activities accessible online to their students (work reports, forum, wiki, etc.).

The word “Moodle” is a registered trademark whose conditions of use can be consulted at the following address: https://moodle.com/trademarks

2. User types

There are three types of DCVMN International E-learning platform users:

a) those responsible for teaching (“teaching manager”);

b) students, participants in the courses concerned, external users or guests (hereinafter: “the users”).

c) administrative and technical staff responsible for managing programs and courses; (hereinafter: “the administrators”).

These conditions of use are aimed at people in the category “teaching manager” and “administrators” according to letters a and c above.

3. Editing rights

Essentially, administrators have the following editing rights on the DCVMN International E-learning platform:

a) opening of teaching space;

b) management of registrations in these spaces.

Essentially, teaching managers have the following rights on the DCVMN International E-learning platform:

a) publishing content to teaching spaces.

b) management of registrations in these spaces.

4. Compliance with the legal framework

When using DCVMN International E-learning platform, teaching managers and administrators ensure that they respect:

a) the internal regulations of DCVMN (Directives, Regulations, etc.), available here: https://dcvmn.org/statutes-by-laws/;

b) the applicable legislation regarding the protection of personal data;

c) copyright legislation;

d) any other applicable legislation, in particular those arising from employment or other contractual relations with DCVMN.

e) these conditions of use.

5. Access to the platform and identifiers

The DCVMN International E-learning platform can be accessed using two types of access with authentication:

a) Access assigned and provided by administrators;

b) Access generated by the users;

Teaching managers and administrators undertake in all cases to:

a) secretly keep your identifiers allowing access to DCVMN International E-learning platform;

b) not to disclose their identifiers to a third party for reasons of confidentiality and security;

c) not to authenticate with those of a third party;

d) log off at the end of each session, if using a shared computer or personal computer likely to be accessible by third parties.

Public access without authentication

Access without authentication to DCVMN International E-learning platform by a teaching manager or an administrator is not possible.

When a teaching manager authorizes public access without authentication to his teaching space on DCVMN International E-learning platform (“anonymous access”), no identification by users is required to access it. The anonymous Moodle user DCVMN only accesses spaces that explicitly authorize anonymous access. In these spaces, they access all the content and activities available to users, without however being able to actively participate (submit an assignment, write a message, take a test, contribute to a wiki, etc.).

Any possibility of anonymous access may be removed at any time by a teaching manager or an administrator, particularly in the event of abuse.

Those responsible for the teaching space take care not to allow free access to their teaching space in order to restrict access to authorized users only (protect their space using a registration key, manual registration students, etc.).

The teaching managers and administrators shall use the platform in a proper and reasonable manner, and not use it in a way that might cause harm to DCVMN, in particular not deliberately disrupt the proper functioning of DCVMN International E-learning platform, whether by installing or copying harmful programs (such as viruses, Trojan horses or logic bombs, etc.), aiming to circumvent security of DCVMN International E-learning platform, perform systematic retrieval or web scraping of content from the platform (including robots, crawlers, automatic devises or manual processes), or by any other behavior.

6. Content

Unless otherwise agreed in writing with DCVMN, and subject to any paternity rights, the content published on the platform is and will be exclusively owned by DCVMN, and teaching managers and administrators hereby assign to DCVMN all rights, title and interests in and the content published on the platform.

All content posted by teaching managers on DCVMN International E-learning platform in the form of digital files (e.g. text, digital, multimedia files, etc.) or through activities (work reports, forum, wiki, database, etc.) must respect:

a) the copyright regime prescribed by the federal law of October 9, 1992 on copyright and related rights (LDA, RS 231.1) (LDA);

b) the rules of ethics regarding plagiarism in force at DCVMN.

The downloading or copying of texts, illustrations, photographs, videos or other data by those responsible for teaching does not entail any transfer of rights to the contents, nor any other rights such as retransmission. Teaching managers and administrators (as the case may be) undertake not to modify or distribute content protected by copyright made available on DCVMN International E-learning platform beyond the teaching concerned and the private circle (i.e. between close relatives and friends and in no case by means of an electronic/computer tool such as for example distribution on social networks) without DCVMN's prior written approval. Teaching manager, and administrator are strictly prohibited from copying in any way whatsoever any software or other tools available on the platform and from framing the platform, or accessing it through a frame, in each case without DCVMN's prior written approval.

In the event that a teaching manager delegates to a third party with the same publishing rights as him the task of posting documents and content on his teaching space on DCVMN International E-learning platform, only the teaching manager giving the instruction remains responsible for these actions.

When teaching managers invite their students to continue their activities outside the teaching space of the DCVMN International E-learning platform, with tools allowing publication on the web, they must raise awareness among their students:

a) copyright and;

b) respect for personality, namely the right to one's image, the protection of the sphere of other students (e.g. photos of students, opinions expressed on DCVMN International E-learning platform) as well as personal data (e.g. videos of patients or real cases, etc.).

In addition, they must indicate to students the types of content posted on DCVMN International E-learning platform, expressly mentioning how they can be reused and published on the internet or on any other medium (publication with ‘all access’, public or private access).

7. Protection of personal data and confidentiality

Teaching managers and administrators ensure that the processing of personal data carried out when using DCVMN International E-learning platform is carried out:

a) in accordance with the DCVMN International E-learning platform data privacy policy, available here: https://moodle.dcvmn.net/static/privacy-policy.html;

b) in accordance with applicable laws and regulations, more specifically the Federal Act on Data Protection of September 25, 2020 (FADP) as well as Management Directive 6.9 on computer files and protection of personal or sensitive data and, to the extent of its application, Directorate Directive 0.6 on the transmission of information in relation to the protection of personality.

Personal data cannot be used for any purpose other than initially intended and can only be communicated in compliance with the aforementioned texts.

Appropriate measures to guarantee the security of data, in particular against their loss, destruction, as well as any unlawful processing must be taken.

Subject to specific provisions for the conservation of data, in particular their archiving, or carried out for historical, statistical or scientific purposes, personal data must be destroyed or made anonymous as soon as they are no longer necessary to carry out the task for which they were obtained.

Teaching managers ensure in particular that data concerning possible consultation of resources, instructions or even access to an optional learning activity by students is not used as a criterion of evaluation of an examination or validation.

Teaching managers and administrators are reminded of the confidentiality obligations to which they are subject by virtue of their work relationships, which concerns both the personal data processed through the use of DCVMN International E-learning platform and any other information.

8. Liability

DCVMN will only be liable for direct losses caused by fraudulent or intentional breaches of DCVMN's obligations under applicable law or these conditions of use. DCVMN declines all responsibility for (i) damages arising from the use of the account and/or access to data by an unauthorized third party, (ii) damages arising from the teaching manager's advices or published content, (iii) damages caused in the event of extraordinary circumstances beyond DCVMN's reasonable control, and affecting all or part of the platform operations, and (iv) any indirect, consequential or punitive damages, including lost profits or loss of data.

Failure to comply with these conditions of use of DCVMN International E-learning platform, for any reasons including in the absence of any fault, negligence or wrongdoing attributable to the teaching manager or administrator, may lead to administrative, criminal, civil or disciplinary measures against the author. All DCVMN rights are reserved.

9. Contact

For any questions relating to these conditions of use, you can contact us by email at: elearning@dcvmn.net

10. Entry into force and modifications

11. Applicable law and jurisdiction

Effective April 4, 2024