EMIL HAW-Hamburg

Terms of Use for the EMIL learning management system at HAW Hamburg

Teaching staff, students and employees of HAW Hamburg as well as external project partners may use the EMIL platform for e-learning purposes.

What is EMIL?

EMIL stands for Elektronische Medien Informationen Lehre (electronic media information teaching).

The central Information Technology Service Centre of HAW Hamburg (ITSC) offers the Moodle-based teaching and learning platform EMIL for teachers and students at HAW Hamburg.

EMIL is an e-learning management system through which:

• electronic learning materials can be managed and made available,
• group-oriented work is facilitated within the framework of teaching and learning and finding the suitable degree and courses,
• classes and projects can be organised,
• communication among participants of university events is facilitated, and
• surveys can be conducted among EMIL users.

Moodle provides virtual course rooms for use in classes and projects.

HAW Hamburg’s Moodle-based EMIL comes with additional e-learning services such as the e-portfolio.

EMIL is hosted on HAW Hamburg servers.

The use of EMIL is subject to acceptance of the Terms of Use and the processing of data described in the Data Privacy Policy.

If you have any questions about EMIL and e-Learning, the e-Learning contact persons of the faculties and HAW Hamburg (central) will be happy to help.

You can also contact the university’s e-learning officer at: elearning-beauftragte@haw-hamburg.de

Scope, changes to the Terms of Use

These Terms of Use apply to the use of the EMIL teaching and learning platform by members of HAW and other authorised individuals.

HAW Hamburg is entitled to amend these Terms of Use if the amendment is intended

• to ensure that the Terms of Use comply with the applicable law, especially where there has been a change in the law or to bring them in line with compelling decisions by the judiciary or public authorities,
• to offer new services that require a provision to be added to the Terms of Use without negatively impacting the existing contractual relationship for the user,
• if the amendment has only advantages for the users.


EMIL system access

Anyone wishing to participate in courses in EMIL or use EMIL in any other way needs to have a user account.

A user account is automatically created when the user signs in for the first time using their HAW identifier and password, or by ITSC manually following an application.

Signing into EMIL for the first time or applying for a user account means these Terms of Use and the Data Privacy Policy of HAW Hamburg’s e-learning platform EMIL have been accepted.

Course rooms

As a rule, all teachers and staff of HAW Hamburg are entitled to have course rooms set up for their classes as well as study- or teaching-related activities.


Information for teachers

You need to ask for courses to be set up in EMIL by submitting a formal usage request (via the EMIL room ordering system or by email) to your relevant contact person. The course rooms will then be set up with the appropriate rights by the local faculty administration team.

A registration key is generally used to limit access to courses in EMIL to the intended group of students, teachers or users. It is the teachers who communicate the registration keys to the respective users during their classroom sessions or by other means. Registration keys can be changed if necessary. At the request of the teachers, course rooms can also be set up without giving out registration keys as far as this is permitted for copyright reasons.


Copyright and granting rights of use

As an EMIL user, you are required to observe the applicable copyright law when using EMIL.

We would like to draw your attention here to the Copyright Act (Urheberrechtsgesetz, UrhG), in particular the Law on adapting copyright protection to the requirements of a knowledge-based society (Gesetz zur Anpassung des Urheberrechts an die Erfordernisse der Wissensgesellschaft, UrhWissG) (in particular section 60a UrhG), as well as further relevant information on the website of HAW Hamburg and at ELAN e.V.).

By using EMIL, you give your permission for HAW Hamburg to make any files and data stored in EMIL publicly accessible to those with appropriate rights within the scope of the aforementioned purpose of use, and, specifically, for these to be reproduced and transmitted (including reproduction for back-up purposes). It is legally necessary to grant these rights for your files and data to be made available for you to access.

The data and files you have stored in EMIL can only be viewed by third parties if you grant them access by means of a registration key.


Online exams

Written examinations in the form of "Klausur", according to the definition of the examination regulations, may only be conducted in EMIL if the candidates use computer workstations at HAW Hamburg under the supervision of teachers or if the identity of the candidates is verified in some other way.

It is not possible to clearly establish the identity of the users, as required for online exams, in EMIL.

The risk of EMIL failing during online exams cannot be entirely excluded.


Questionnaires

Named and anonymous surveys among EMIL users can be carried out using the “Questionnaire” Moodle activity.

Anonymous questionnaires can be carried out by selecting the “anonymous questionnaire” mode in the learning activity settings. This prevents answers from being attributed to individual users.

It is also important to ensure that the respective learning space is set up in such a way that participation or interest in the questionnaire is not visible in order to guarantee anonymity even in cases of small questionnaires or where there are not many participants. This means that the settings must be made in such a way that neither the list of participants nor the log files can be viewed. This applies both to those asking and those answering the questions.

Publication of content with personal data

Personal data (including data created/compiled by third parties) must be removed from the course content or anonymised before being published unless there is a legal basis for their use (e.g. research purposes or consent). The data must be erased if there is a legal basis, but the data no longer need to be processed. 


Personal data stored in EMIL may only be stored on other computers, servers or data carriers (i.e. not on the platform) for the purposes of the respective class.

Obligations of the users

As an EMIL user, you are required

• to protect your access details against unauthorised use by third parties and to keep your password and the respective registration key provided to you secret (the access and usage rights granted are not transferable);
• to comply with the requirements and provisions of privacy laws and to respect the personal rights and copyrights of others;
• to refrain from making unauthorised copies of the software used to operate this service;
• to be mindful of the restrictions on the use of EMIL as a teaching and learning space or for exchange, cooperation and collaboration relating to studies and teaching.

It is prohibited

• to pass on data made accessible in EMIL to third parties without authorisation, to publish or make them publicly accessible (on the Internet) or to use them for commercial purposes;
• to upload insulting, defamatory, libellous, obscene, pornographic, inflammatory or racist content to EMIL;
• to use EMIL for commercial purposes;
• to perform actions aimed at rendering EMIL inoperable, making it difficult to use or abusively spying on, manipulating or erasing the stored data.

Consequences of violations

If there is reasonable suspicion that the stored files and data are unlawful, violate the rights of third parties and/or violate other relevant statutory provisions, HAW Hamburg is entitled to immediately block your access to EMIL, notwithstanding any other consequences under criminal, civil or employment law.

A reasonable suspicion of unlawfulness and/or violation of rights exists in particular if courts, public authorities, data subjects and/or other third parties inform HAW Hamburg thereof. In such cases, HAW Hamburg shall notify you without undue delay that your access has been blocked along with the reasons therefor.

Access must be restored as soon as the suspicion has been disproved.
 
Warranty and liability

By creating a user profile, you expressly agree that EMIL and the content stored there is used at your own risk. 


HAW Hamburg

• does not assume any responsibility for the accuracy and quality of the contents of the materials and data stored on EMIL,
• does not guarantee that the programme functions meet the requirements of the users,
• is not liable for damages arising from the use of EMIL or content stored on EMIL.
  

You shall fully indemnify HAW Hamburg in the event that third parties assert a claim for damages, move for an injunction or bring forward any other claim against HAW Hamburg as a result of the platform or contents thereof being used in contravention of these Terms of Use as well as in an abusive or any other unlawful way.

Miscellaneous

The Rules on Using the Information Processing Infrastructure of the Hamburg University of Applied Sciences (Benutzungsordnung für die Informationsverarbeitungsinfrastruktur der Hochschule für Angewandte Wissenschaften Hamburg) as well as the Statutes on the Collection and Processing of Personal Data at the Hamburg University of Applied Sciences (Satzung über die Erhebung und Verarbeitung personenbezogener Daten an der Hochschule für Angewandte Wissenschaften Hamburg) also apply as amended.