Terms of use

The following terms of use apply to the CLIPSS video portal (www.clipss.de) which was created as part of the CLIPSS project at the University of Duisburg-Essen as part of the Quality Offensive Teacher Education and is intended to support the training and continuing education of teachers.  On the CLIPSS video portal, video vignettes as well as accompanying material with a focus on classrom management for elementary as well as secondary schools are available.

1. Registration

An account is required to use the video portal. After activation you can log in with this account. It is required that you have registered on the CLIPSS portal and have received an access authorization.

2. Use after registration

The instructional videos are released exclusively for use in the education, training and further education of (prospective) teachers and for other pedagogically active persons as well as for educational research. The videos are only accessible after registration and login. The access authorization is limited in time. It expires after one year, but can be extended upon request if the above requirements continue to apply to you.

By registering on the CLIPSS video portal, you acknowledge that you have read and agree to these Terms of Use. Without agreeing to these terms, access to the CLIPSS video portal is not possible. The password-protected areas of the video portal cannot be used then.

3. Provision of information upon registration/obligations to notify

By registering, you confirm that you belong to the group of persons mentioned under "2. Use after registration". In addition, you allow the operators of the CLIPSS video portal to verify the information you have provided and to obtain information about you, including from third parties, that may be useful for verification purposes.

You agree to notify the CLIPSS video portal operators if you no longer require your access to the video portals. Likewise, you must notify the operators immediately of any changes that affect the information you provided during registration. The notifications must be sent by e-mail to the contact address clipss@uni-due.de .

You acknowledge that the personal data collected in the course of registration and use, as well as the current connection data, will be processed in compliance with the applicable data protection regulations. The data will only be stored and used to the extent necessary to establish, structure or change the user relationship with you. Personal data will not be passed on to third parties unless you have explicitly permitted this or the operator is obliged to do so by law. Processing and forwarding of data in anonymous form (e.g. for evaluation or optimization purposes of the portal) is permitted. Furthermore, you acknowledge that your login and logout on the pages of the CLIPSS video portal are collected and stored due to the system.

4.  Terms of use for the protection of the persons involved

The instructional videos show staged scenes with teachers and students, which were created on the basis of scripts in order to provide users with illustrative material based on authentic teaching situations. For this, the operators, the users and each viewer owe a great debt of gratitude to all those involved. Every viewer of the instructional videos is therefore requested to treat the persons and content shown with respect and to express this in the discussions and analyses of the videos.

To protect the personal rights of the persons recorded, the operators have therefore issued the following terms of use:

You agree not to use the videos of the participating video portals outside the purposes of education, training, and further education of persons engaged in pedagogy or your own education. If you want to use the content and videos for pedagogical purposes outside of teacher training or for research purposes, you are obliged to inform the operators of this in advance by e-mail and to cite the CLIPSS project as the source in presentations or publications.

Login data (consisting of user name and password) are personal and non-transferable. The disclosure of user IDs and passwords is prohibited. These data are to be treated confidentially. You must take precautions to prevent unauthorized third parties from gaining access to the portal. In case of misuse, the operator is entitled to withdraw the permission to use the portal and, if necessary, to take further legal steps.

You are also obligated to close the browser each time you finish working with the video portals in order not to allow third parties to access the protected area of the portal.

You warrant that the contents of the Portal used by you will be used only within the Terms of Use. For this purpose, you must take all necessary precautions to prevent the misuse of the content by third parties. You must inform the operator immediately in the event of improper use and support him in asserting his rights in or out of court, provide necessary information and make documents, records, etc. available.

In the event of a culpable violation of legal obligations or the obligations regulated in these Terms of Use, you shall be liable in accordance with the statutory provisions. As far as no special legal regulation exists, you are liable for intent and negligence.

5. Liability

The operators of the portal assume no liability or warranty for the legality or accuracy of linked content and do not adopt it as their own.

Claims for damages against the operators can only be considered in cases of intent and gross negligence. This does not apply to the violation of essential contractual obligations, i.e. obligations the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner regularly relies on and may rely on, as well as to damages to life, body and health. This limitation of liability also applies to the benefit of the members or vicarious agents of the operators. In cases of material breaches of contractual obligations, liability is limited to the amount of foreseeable damage typical for the contract. The operators are not liable for statements made in the videos.

6. Property rights

By allowing the use of the video portals, you do not receive any licenses or rights of use to the content offered on their websites. All contents of the video portal are protected by copyright and may not be downloaded, filmed or modified.

7. Final clause

The operators can block your access to the password-protected area at any time and without giving reasons, especially if you violate these terms of use, your information is not true or not current or complete.

The operators reserve the right to change or amend these terms of use at any time. By using the video portal, you agree to any changes. If you have given your consent during the registration process, the operators will inform you about any changes via e-mail. In addition, you should visit this page regularly to inform yourself about the currently valid conditions.

The operators explicitly point out that they do not guarantee the accessibility of these services. The operators can change the content and scope of the web pages at any time and without prior notice or discontinue the offer. There is no claim of any kind to the use of their offer.

8. Validity and jurisdiction

The Terms constitute a legal agreement between you and the Operators. The Operators expressly reserve the right to take legal action against you in case of violation of these Terms of Use.

The relations between you and the operators on the occasion of the use of the CLIPSS video portal are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions.

The place of jurisdiction for any disputes arising from the business relationship between you and the University of Duisburg-Essen is Essen (NRW). Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.

Should individual provisions of these General Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a substitute provision that corresponds as closely as possible to the economic meaning of the invalid provision. The same shall apply in the event that the General Terms and Conditions of Use prove to be incomplete or unenforceable.

Privacy policy information requirements for direct collection

Information to be provided to the data subject (Art. 13 Abs. 1 DGS-GVO)

1.     Name and contact details of the person responsible

CLIPSS (Classromm management In Primary and Secondary Schools, Universität Duisburg-Essen, Lehrstuhl für Lehr-Lernpsychologie)

Universität Duisburg-Essen
Fakultät für Bildungswissenschaften
Institut für Psychologie
Lehrstuhl für Lehr-Lernpsychologie
Teilprojekt CLIPSS
Universitätsstraße 2
45141 Essen
Tel. +49 (0)201-183-2181
Fax +49 (0)201-183-4350
clipss@uni-due.de
Webseite: www.uni-due.de/clipss

2.     Name and contact details of the responsible person representing the company

Lehrstuhl für Lehr-Lernpsychologie

Universität Duisburg-Essen
Fakultät für Bildungswissenschaften
Institut für Psychologie
Lehrstuhl für Lehr-Lernpsychologie
Universitätsstraße 2
45141 Essen
Tel. +49 (0)201-183-2181
Fax +49 (0)201-183-4350
sek.psycho@uni-due.de

3.     Name und and contact details of the data protection officer

Behördlicher Datenschutzbeauftragter der Universität Duisburg-Essen
datenschutz@uni-due.de
Website: www.uni-due.de/verwaltung/datenschutz

4.     Provision and scope of data processing

When registering on the video portal, the user agrees to be contacted for the purpose of the user account and newslet registration.

During registration, the data from the input mask is transmitted to us. In particular, these are:

- E-mail address; first and last name; gender, age, teaching experience in years (in general and in particular at schools), institution, employee status, purpose of use of the videos.

As part of the registration process, the user's consent to the processing of this data is obtained.

Each time our video portal is called up, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected during the registration process:

- Information about the browser type and version used.

- The operating system of the user

- The IP address of the user

- Date and time of access

The data is stored in the log files of our system. This data is not stored together with other personal data of the user.

5.     Purposes for the processing of personal data

As a matter of principle, we collect and use personal data of our users only insofar as this is necessary for the provision of a functional website as well as our content and services and a legal basis allows us to do so.

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website.

The personal data are thus only used to optimize the video portal and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes are also our legitimate interest in data processing according to Art. 6 Abs. 1 lit. f DSGVO.

6.     Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) (a) EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Information to be provided to ensure fair and transparent processing of personal data (Art. 13(2) GDPR).

7.     Duration of storage

The personal data of the data subject will be stored by us only as long as the purpose of the storage exists. If the processing is based on the data subject's consent, the data will only be stored until the data subject revokes his or her consent, unless there is another legal basis for the processing.

1. In the case of the collection of data to provide the website, this is the case when the respective session has ended.

2. Apart from the IP address, the date and time of access, no personal data is stored in log files.

3. Backups of our log files are stored permanently. The IP addresses of the users are alienated so that an assignment of the calling client is no longer possible.

8.     Objection and removal option

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the video portal. Consequently, there is no possibility for the user to object.

If the user contacts us in writing, he or she can object to the storage of his or her personal contact data at any time. In such a case, the user will no longer have access to the video portal and its content. All personal data stored in the course of contacting us (contact data) will be deleted in this case.

9.     Right to correction and deletion of personal data

The data subject has the right to demand that we correct any inaccurate personal data concerning him or her without undue delay. The data subject also has the right to demand that we delete personal data concerning him or her without delay if the processing is based on the data subject's consent, if the data subject revokes his or her consent, or if there is no other legal basis for the processing.

The personal data of the data subject will further be erased if he or she objects to the processing pursuant to Article 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, if the personal data have been processed unlawfully, or if the erasure has been provided for in regulations for the fulfilment of a legal obligation by the European or national legislator. However, erasure will not take place in the cases outlined above if the processing of the personal data is necessary for the controller to comply with a legal obligation imposed on it by the European or national legislator, or if the processing is carried out for the performance of a task carried out by the controller which is in the public interest or in the exercise of official authority vested in the controller, or if the continued storage of the personal data is necessary for the establishment, exercise or defense of legal claims. If a legal obligation to retain data prevails, the personal data will be blocked upon request for deletion.

10. Right of revocation

If the processing of personal data is based on the data subject's consent, the data subject may revoke his/her consent at any time. The processing of personal data carried out until the revocation remains lawful despite the revocation.

11. Right to information

The data subject has the right to request confirmation as to whether personal data concerning him or her are being processed. If this is the case, the data subject has a right to be informed about what personal data are involved and for what purposes they are processed. He or she also has the right to information about the duration of the planned storage of this data or which criteria are used to determine the storage period.

12. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, the User shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, their place of work or the place of the alleged infringement, if they consider that the processing of personal data concerning them infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

13. Use of Cookies

Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that enables the browser to be uniquely identified when the website is called up again.

To enable users to log in to our CLIPSS video portal, we use a session cookie. This means that the user is assigned to a specific session after logging in. After logging in, the user ID stored in the database is saved in the cookie. Based on this user ID, further data of the user is loaded from the database if required, e.g. the name. When the user logs out or closes the browser, the cookie is automatically deleted.