Terms of Use and Data Protection Statement
for the e-learning platform
of the Messer SE & Co. KGaA
We are pleased that you have decided to use the Messer e-learning platform. This gives you the opportunity to learn online. Access to and use of the Messer e-learning platform are subject to the Terms of Use and the Data Protection Statement as described below. Please read these carefully.
Terms of Use
Use of information, materials and course content
1. You are entitled to use the materials and course content accessible to you on the Messer e-learning platform to the extent offered exclusively for personal purposes (e.g. reading, downloading, printing, editing) and not for commercial purposes (the "Purpose"). This right is not transferable to third parties.
2. You may not reproduce, use, edit, sell, transmit, publish or otherwise make available to third parties the materials and course content for any other purpose. You may also not use the materials and course content in postings, newsgroups, mailing lists, electronic bulletin boards, etc., unless express permission has been obtained in individual cases for the materials or the learning platform.
3. If you wish to use the materials and course content provided on the Messer e-learning platform for purposes other than those listed above, please contact the Group Legal Department of Messer SE & Co. KGaA or the respective course manager(s).
Copyrights
The content published on the Messer e-learning platform is legally protected by copyright. Messer SE & Co. KGaA or its licensors are entitled to all copyrights, trademark rights and other rights to protect the intellectual property of the content. The retrieval of content is only permitted for course participation and individual learning. Any other use, modification, duplication, distribution or other use, such as downloading, creating screenshots etc. of the contents of the Messer e-learning platform, in particular the use of texts, parts of texts or images, videos, graphics, sound and other materials is prohibited.
Liability for contents
1. Messer will constantly expand and update the information offered on the Messer e-learning platform. However, Messer cannot accept any liability for the topicality, correctness, completeness etc. of the content provided.
2. Warranty and product liability against the authors and operators of the Messer e-learning platform for material or immaterial damage caused by the use or non-use of the content provided or by the use of incorrect or incomplete content are excluded, unless it can be proven that the authors or operators of the Messer e-learning platform acted with intent or gross negligence. Use is at your own risk.
End of learning platform usage rights
Messer SE & Co. KGaA may partially or completely suspend access to the learning platform content or terminate your authorization to use (access with access code and password), in particular if the Messer e-learning platform content is used under your access code and password, whether by you or by a third party, in a manner which, in the opinion of Messer SE & Co. KGaA, constitutes a violation of these terms and conditions, or which may in any other way be detrimental to Messer SE & Co. KGaA, or if your employment with Messer terminates.
Location and amendment of these Terms of Use
This Terms of Use can be viewed online at any time and are available on the login page of the Messer e-learning platform, below the input mask for the access data. They may be amended at any time, provided that there are objective grounds for doing so. The validity of each individual determination shall not be affected by the validity of any other individual determination. Changes take effect with the online publication.
Data Protection Statement
Introductory remarks
This document serves to inform you about the processing of your personal data.
In order to enable you to access the content on the Messer e-learning platform and to offer you the best possible support and user experience, it is necessary to collect and process some personal data about you. The processing of your personal data takes place in such a way that your data is stored and processed in accordance with the provisions of this Data Protection Statement. The data processing of your personal data takes place exclusively within the framework of the use of the Messer e-learning platform. It is not possible to use the Messer e-learning platform without processing your personal data. Messer attaches great importance to the protection of your personal and other confidential data.
Personal data
The term personal data refers to all information that can be related to you as a natural person. This also includes information that can only be assigned to you indirectly, e.g. by assigning it to an identifier such as a name, an identification number, location data or an online identifier. A person shall also be considered identifiable if he or she can be identified on the basis of one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Scope of the processing of personal data
Messer processes the following personal data for each participating employee to provide the Messer e-learning platform within the framework of a personal profile:
Listing of the processed data in the personal profile (profile data):
Username
Organization/Company
First name
Division
Surname
Street
Password - only visible to the user
Location
E-mail Address
Postcode
Salutation/Gender (used to generate salutations in system-generated mails or certificates)
Country
Job title
Landline office
Supervisor
Fax Office
Main training circuit/group - as assigned
Mobile phone - optional
You can view this collected data in your personal profile at any time.
In addition to your profile data, your learning progress, test results and the date of your last registration are saved. These data can be viewed by administrators or the author and responsible person of the respective e-learning course for evaluation purposes. An evaluation of this data is always anonymous and does not allow any conclusions to be drawn about your person. These data are of course not visible for other users of the learning portal or course participants.
The "ILIAS" software on which the Messer e-learning platform is based generally does not record any further data beyond the aforementioned information. If a test is to be taken following an online course, only whether the online course was successfully completed is stored in order to register whether the training was carried out. A detailed evaluation does not take place.
Purposes of data processing and legal basis for the processing
The data is processed for the purpose of providing the e-learning platform and for evaluation and verification purposes.
Personal data are processed on the basis of § 26 Paragraph 1 Sentence 1 BDSG/Art. 6 UAbs. 1 lit. b) GDPR. According to this, personal data of employees may be processed for the purposes of the employment relationship if this is necessary for the performance of the employment relationship. The training courses and the use of the Messer e-learning platform are carried out to carry out the employment relationship.
Your rights
Upon request, you have the right to obtain information about your stored personal data (Art. 15 GDPR).
They also have the right to demand the correction of incorrect personal data (Art. 16 GDPR), the right to demand the restriction of excessively extensively processed personal data (Art. 18 GDPR), and the right to demand the deletion of unlawfully processed personal data or data that have been stored for too long (unless there are legal obligations to store data and no other reasons pursuant to Art. 17 para. 3 GDPR) (Art. 17 GDPR). You also have the right to receive the personal data that you have provided to Messer (Art. 20 GDPR) if you have provided the data to us as part of a declaration of consent or to fulfil a contract. You (or a third party designated by you) receive the data in a structured, commonly used and machine-readable format (right to data transferability). We also draw your attention to your right to object to data processing (Art. 21 GDPR).
You can exercise your rights by sending an e-mail to the following address: datenschutz.mg@messergroup.com.
You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us (Art. 77 GDPR).
Duration of processing of personal data
The data will be stored in the Messer e-learning learning platform from the time of initial registration and deleted after leaving the company in the context of deletion of the account from the central user directory or after termination of your right to use.
Storage location of personal data
The data is processed web-based on the e-learning platform ILIAS on the basis of a contract for order processing in the sense of the GDPR with the operator of the e-learning platform ILIAS, the company Qualitus GmbH, Widdersdorfer Str. 248-252 ("Qualitus"), on our behalf. Since Qualitus as operator of the e-learning platform ILIAS does not maintain its own servers, the e-learning platform ILIAS is operated by subcontractors of Qualitus. The data is therefore collected on a server of Strato AG, Pascalstraße 10, 10587 Berlin, Germany, reserved for Messer SE & Co. KGaA.
Recipients or categories of recipients of data
Messer will only transfer data to third parties if (i) there is a legal basis for doing so, such as in particular consent for transfer to third parties, (ii) the performance of a contract requires this, (iii) a weighing of interests justifies this - in particular within Messer's companies - or (iv) to fulfil legal requirements according to which we are obliged to provide information, report or pass on data.
Within Messer, only those internal units and departments receive the personal data that are required and are needed to fulfil their tasks.
Information pursuant to Art. 13 para. 2 lit. e) GDPR
It is not possible to use the Messer e-learning platform without processing your personal data. Participation in training via the e-learning platform is part of the employment contract and/or required by law.
Contact details of the responsible person
Messer SE & Co. KGaA
Represented by the personally liable partner, Messer Management SE, who in turn are represented by their board members
Messer Platz 1
65812 Bad Soden
Germany
Phone: +49 6196 7760-0
E-mail: info@messergroup.com
Contact details of the data protection officer
Messer SE & Co. KGaA
Data protection officer
Messer Platz 1
65812 Bad Soden
Germany
Phone: +49 6196 7760-139
E-mail: datenschutz.mg@messergroup.com
