Privacy Policy
When using the software “FuxamOne”, personal data is collected and stored. In this privacy policy, we explain how we process your personal data in accordance with the European General Data Protection Regulation (hereinafter “GDPR”) and the applicable national regulations.
Fuxam offers all educational institutions and other commercial, non-profit, and public education providers comprehensive software for digital teaching, continuing education, and similar educational purposes. The software is often described as a cloud-based solution or “Software as a Service” (SaaS), which users can access from various devices via an active internet connection. Users do not need to install any software, but they cannot use it offline. The software is accessible via the domains fuxam.app. This allows instructors and learners of the customers to manage their courses and documents efficiently, track their individual learning progress, participate in courses via chat features, and easily complete exams online.
1. Who is responsible for processing your personal data?
FuxamOne supports educational institutions, in particular universities, academies and other commercial, non-profit and public education providers, in enabling their teachers and learners to carry out digital teaching and administration and to offer online examinations. The respective institutions are legally responsible for these data processing activities (e.g. student administration and the respective learning content), as they alone determine the purposes and means of processing your personal data. For more information about the data protection practices of these institutions, please refer to the privacy notices of the respective institution.
2. Who can you contact if you have any questions?
If you have any questions or comments about how we process your personal data, you can contact our customer service:
Fuxam GmbH
Französische Straße 20
10117 Berlin
Email: datenschutz@fuxam.de
For technical problems or other questions related to FuxamOne, you can find further assistance and contact information on the websites of the respective institution.
3. Whose personal data do we process?
Fuxam processes personal data of individuals to whom the responsible party grants access to the software. These generally include the following categories of data subjects:
* Administrators and staff responsible for digital teaching (e.g. institution management, data center or IT department staff).
* Staff responsible for the content of teaching in degree programs or within faculties (i.e. faculty staff, heads and staff of academic chairs).
* Instructors who conduct the respective courses and interact with learners (e.g. lecturers, guest lecturers).
* Students, learners and other users of the educational offerings (e.g. full-time students, course participants).
4. Which categories of personal data does Fuxam process on behalf of the responsible party?
Fuxam processes the following categories of personal data on behalf of the responsible party:
1. Technical usage data
Content and usage data includes information that is automatically generated or collected while using the software. This includes, for example:
* Connection and log data to ensure the technical security of the software;
* Identification and access data to enable access to the software;
* Information about the devices used, such as the type and version of the device and the version of the operating system, in order to ensure correct display.
2. Content and Data
Content data includes information that users create or upload via the software, or that is generated during use. This includes, for example:
* Text posts, images and media content (e.g. teaching materials, contributions in courses);
* Other documents uploaded by the user;
* Data you enter when creating prompts or in forms.
3. Student data
Student data includes information required for student administration. This includes, for example:
* name data, contact details, student ID number and other identification numbers;
* assignment to degree programs, faculties, and years/semesters of study;
* participation in events, courses, and groups;
* statistics on learning progress;
* information on medical certificates and compensatory measures.
4. Data for communication
Communication data includes information required for student administration. This includes, for example:
* Chat messages sent via the messaging function;
* Interactive content (e.g. surveys, polls);
* Camera and microphone data when participating in courses via video chat.
5. Examination and Assessment Data
Examination and test data are processed as part of examination management. The exams are created by administrators or instructors and completed by learners. These data include, for example:
* General information about the exam (e.g. type of exam, exam process, instructor, assessment criteria, matriculation number);
* Exam questions and content (e.g. questions, answers);
* Participation in exams (e.g. time of completion or submission);
* Exam results and assessments (e.g. grades, points, comments);
* Log data related to exams (e.g. access to exam questions).
6. Data of teaching staff
The data of teaching staff are processed for the organization of courses. These data include, for example:
* identification data;
* contact details;
* titles and qualifications as well as status group;
* information on course and room allocations;
* information on courses.
7. Payment and billing data
Payment and billing data are processed in the course of handling fee-based events and educational products via access passes. These data include, for example:
* Payment data required for processing payments for such services;
* Billing data in accordance with Section 14 of the German VAT Act (UStG);
* Information on booked services.
Sensitive data
Fuxam processes special categories of personal data only when such data is uploaded or entered by users via functions, e.g. in the form of a file (such as a term paper), text contributions, or chat messages. Users can delete files and contributions at any time. If the functions are used by the controller, health data may be processed in examination management and student administration in order to organize sick notes or compensatory measures. The controller processes particularly sensitive data within the meaning of Art. 9(1) GDPR only if the conditions of Art. 9(2) GDPR are met.
5. For what purposes are your personal data processed?
Fuxam processes the data on behalf of the controller in order to enable comprehensive digital teaching within the framework of higher education. The purposes are determined by the responsible body and regularly include:
* Organization of courses and content (e.g. courses and supplementary materials);
* Preparation of teaching sessions (e.g. scripts and supplementary materials);
* Delivery of teaching sessions (e.g. video and audio transmissions);
* Communication about course content (e.g. text contributions, messaging function);
* Conducting and evaluating surveys (e.g. questionnaires);
* Evaluation of courses (e.g. number of participants, exam statistics).
6. On what legal basis do we process your personal data?
The controller alone decides on the purposes of the processing and the legal bases on which the processing is carried out. If the processing of personal data serves the purposes of digital teaching, continuing education, or similar educational formats for the conduct of courses and examinations, the following legal bases generally apply depending on the circumstances:
* Art. 6(1)(b) GDPR for carrying out pre-contractual measures or for fulfilling a study contract (e.g. provision or performance of the contractually agreed teaching).
* Art. 6(1)(f) GDPR for the protection of legitimate interests (e.g. ensuring system security, producing necessary statistics for reports).
* Art. 6(1)(e) GDPR in conjunction with the relevant provisions of the applicable state higher education and state data protection laws (where applicable to the customer).
7. On what legal basis do we process your personal data?
FuxamOne is operated on servers in Germany. You can use some features in FuxamOne without being associated with an institution. However, as soon as your user account is linked to an institution, we transfer your data to that institution. To provide the software and ensure its security, we use certain service providers, referred to as processors. These include:
* Hosting providers that offer servers, data centers and databases through which the software can be accessed.
* IT service providers that ensure the security of the infrastructure (e.g. when accessing the software), carry out regular security tests, or are involved in software development.
You can obtain a list of the processors by requesting it from us at datenschutz@fuxam.de. Some of these processors are located in third countries, i.e. countries that are neither members of the European Union (EU) nor the European Economic Area (EEA), such as the United States of America (USA). We transfer data to these countries only if this is legally permissible under Art. 44–49 GDPR, meaning that we have put in place appropriate safeguards and measures to ensure the level of data protection (e.g. through standard data protection clauses and additional protective measures) and/or you have consented to such a transfer in the individual case. You can obtain a copy of these provisions and agreements by contacting datenschutz@fuxam.de.
8. How long do we store your personal data?
The duration of data processing corresponds to the term of the main contract with the controller. User accounts must be deleted by the controller when the purpose of the processing no longer applies (e.g. termination, withdrawal, deregistration). We store your identification and access data until the user account is deleted. If you have created your user account voluntarily and it is not linked to an institution, you can delete it at any time. The date and time of creation of the user account and of the last login are only deleted together with the user account. Certain log data (e.g. access to exam or test questions) are also only deleted together with the respective course or exam. Some data are stored for the duration of statutory retention or documentation periods arising from the German Commercial Code (HGB), the Fiscal Code (AO) or the Anti-Money Laundering Act (GwG). These periods can last up to ten years. In some cases, the storage period may also be based on the statutory limitation period, which, pursuant to Sections 195 et seq. of the German Civil Code (BGB), is generally three years from the end of the year in which the claim arose and the claimant became aware of it or should have become aware of it.
9. What rights do you have?
As a data subject, you have the right to object to the processing of your data:
* Objection: In accordance with Art. 21 GDPR, you have the right to object to the processing of your personal data on personal grounds, provided that this processing is based on public or legitimate interests.
* In addition, you have further rights under Art. 15–22, 77 GDPR. These include:
* Access: You have the right to request information at any time about the personal data we store about you and how it is processed. You may also request a copy of this data.
* Rectification: You have the right to have inaccurate or incomplete personal data corrected without delay.
* Erasure: You have the right to request the immediate deletion of your personal data stored by us, provided that the reasons listed in Art. 17 (1) GDPR apply. This is the case, for example, if your data is no longer needed for the purposes for which it was collected and there is no statutory retention obligation.
* Restriction of processing: Under the conditions set out in Art. 18 (1) GDPR, you have the right to request the restriction of processing. This means that we may process certain personal data, with the exception of storage, only with your consent or in other cases provided for by law. This applies, for example, if you contest the accuracy of your data and we need time to verify this.
* Data portability: You have the right to receive your personal data in a machine-readable format or to have it transferred to another controller, where technically feasible.
* Withdrawal of consent: You have the right to withdraw your consent to processing at any time. Please note that the withdrawal only applies to future processing and does not affect the lawfulness of processing carried out before the withdrawal.
* Complaint: You have the right to lodge a complaint with a data protection authority, for example with the authority responsible for us. This is:
Berlin Commissioner for Data Protection and Freedom of Information
Alt-Moabit 59-61
10555 Berlin
reachable at: www.datenschutz-berlin.de