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Imprint / General terms and conditions / Privacy policy

Translated with www.DeepL.com/Translator (free version)

In the event of a legal dispute, only the version in german language of this document will be used.

Company

Kontaktadresse

Tirsus GmbH
Starrkircherstr 25
4656 Starrkirch-Wil

Phone: +41791050170
WebSite: https://tirsus.com/

 

Authorized representative

Ursula Deriu (CEO)

Entry in the commercial register

Registered company name: Tirsus GmbH

Number: CH-241.4.010.397-3

Commercial Registry Office: Olten

Value added tax number

CHE-222.489.490

General part

Liability

General disclaimer of liability

All information on our website has been carefully checked. We make every effort to ensure that the information we offer is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, including journalistic and editorial information. Liability claims arising from material or non-material damage caused by the use of the information provided are excluded, unless there is evidence of wilful intent or gross negligence.

Tirsus may change or delete texts at its own discretion and without notice and is not obliged to update the contents of this website. The use or access to this website is at the visitor’s own risk. Tirsus, its clients or partners are not responsible for any damage, such as direct, indirect, accidental, damage that can be specifically determined in advance or consequential damage that is alleged to have been caused by visiting this website, and consequently do not accept any liability for this.

Tirsus also accepts no responsibility or liability for the content and availability of third party websites that can be accessed via external links on this website. The operators of the linked sites are solely responsible for the content of these sites. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that is contrary to public decency.

All offers are not binding. Tirsus expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to discontinue the publication temporarily or permanently.

Liability for links

References and links to third party websites are outside our area of responsibility. We decline any responsibility for such websites. Access and use of such websites is at the user’s own risk.

Copyright

Copyright

The copyrights and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and, if necessary, damages.

Wer ohne Einwilligung des jeweiligen Rechteinhabers eine Urheberrechtsverletzung begeht, kann sich strafbar und allenfalls schadenersatzpflichtig machen.

Changes

Changes

We may amend these terms and conditions and this privacy policy at any time without notice. The current version published on our website applies. If the Privacy Policy is part of an agreement with you, we will notify you by e-mail or other appropriate means if the Privacy Policy is updated.

General terms and conditions for the use of the “Tirsus Online” learning platform

Preliminary remarks on the use of the “Tirsus Online” learning platform

Access to the learning platform and payment

Access to the learning platform and payment

Access to the learning platform and payment
By paying the online course fee, a contract between Tirsus GmbH and the user comes into force under the conditions stated in these general terms and conditions.

Access to the learning platform is granted with a login name and password. Both contractual partners undertake to treat this data with the utmost care.

The user registers on the online platform. The login name and password are chosen. These are necessary for access to the learning platform and must therefore be kept carefully. Access is personal and non-transferable. Access to the platform does not include the licensing of courses.

Courses are licensed after payment of the online course fee via the service provider referenced on the course description on the Tirsus homepage. The service provider may notify Tirsus and the client with a time delay. If licensing is carried out using the online shop on the Tirsus homepage and Begle, access to the course will be automatically activated immediately after online payment. Any deviations from this rule will be communicated in the online shop.

Tirsus shall communicate an access key to the licensed course to the user via e-mail. This access key is personal. The user can use the key to enrol in the licensed course on the learning platform. If the licensing is limited in time according to the course description, the term of the license shall begin with the enrolment in the course.

In some online courses, upgrades can also be booked, which usually include extended services from Tirsus. The booking of upgrades is linked to a course previously licensed by the user. This is done via a special booking page on the tirsus.com website. Payment shall be made via the service provider configured on the upgrade page on the Tirsus homepage. These upgrades are activated manually on the learning platform after payment has been made. Tirsus shall make every effort to activate these upgrades as soon as possible after the booking has been made. In exceptional cases, the activation may take up to two working days.

In addition, all offers and conditions stated on the course description page at the time of booking shall apply. Tirsus shall be entitled to adapt them at a later date, but not without notifying the users currently active in a course with a reasonable period of notice.

Withdrawal from the contract is no longer possible after payment has been made. Tirsus shall not refund any fees.

If a certain number of participants is required to conduct an online training course and this number of participants is not reached, Tirsus shall propose another date. If the course is cancelled, the course fees already paid will be refunded in full to the participant.

Further correspondence with Tirsus will be conducted using the forms available on the homepage.

Contents of the learning platform

Course content and objectives, the online courses, the target group and prerequisites can be found in the respective course descriptions. The online course fee includes the services on the learning platform mentioned in the course description. Upgrades include additional services which are also mentioned in the course description. Additional services are not included in the access to the learning platform or in the upgrades.

All articles and illustrations published on the learning platform are protected by copyright. Any use not permitted by copyright law requires prior written consent. This applies in particular to copying, editing, translation, saving, processing or reproduction of content in databases or other electronic media and systems. Copies and downloads of web pages may only be made for personal, private and non-commercial use.

Tirsus GmbH checks the contents of the learning platform carefully, but accepts no liability for the accuracy, completeness and topicality of the information provided.

Use of the learning platform

Use of the learning platform

Tirsus GmbH operates the learning platform on a computer at strato.de. Tirsus does not guarantee the non-availability of the learning platform, which results from the non-availability of third party service providers, such as strato.de, paypal.com or even internet providers and others.

Tirsus shall endeavour to ensure that access to the learning platform is guaranteed for 99% of the time. Planned downtimes, e.g. for maintenance, will be announced on the learning platform in good time.

The user of the platform undertakes to use the platform carefully and with the purpose of the course or training.

Tirsus does not guarantee the success of the learning process and declines all liability in the event that the learning process is not successful.

Exclusion from the platform

Exclusion from the platform

In the event of abuse of the platform, Tirsus may permanently exclude individual users from the platform. The course fee will not be refunded.

Contract amendment

Contract amendment

Tirsus is entitled to change or supplement the general terms and conditions for the learning platform with a reasonable period of notice. The announcement is made by publication on the Internet on the Tirsus website (https://www.tirsus.com) and by individual notification to the customer on the learning platform, which will be displayed to the customer the next time he logs in. If the customer does not object to the amended or supplemented conditions within 4 weeks of the notification being posted, the amended or supplemented conditions shall take effect. If the customer objects within the deadline, Tirsus shall be entitled to terminate the contract at the time when the amended or supplementary terms and conditions for the learning platform are to take effect. In this case, any payments already made by the customer shall be reimbursed to the customer on a pro-rata basis.

Final provisions

Preliminary remarks on the final provisions

These final provisions apply equally to all services provided by Tirsus GmbH.

Invalidity of individual provisions

Invalidity of individual provisions

Should provisions of the general terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.

Olten, August 2018

Tirsus GmbH, Starrkircherstrasse 25, 4656 Starrkirch-Wil.

Choice of law and place of jurisdiction

Rechtswahl

This contract and all claims arising in connection with it shall be governed solely by Swiss law, with the application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 being expressly excluded.

Place of jurisdiction and place of performance

Irrespective of their legal qualification, the courts in CH-4600 Olten shall have sole and exclusive jurisdiction to judge all claims arising from or in connection with this contract.

The sole place of performance for all services in connection with the present contract is CH-4656 Starrkirch-Wil.

Privacy Policy

General note

General note

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of his or her privacy and protection against misuse of his or her personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and according to the legal data protection regulations as well as this privacy policy.

In cooperation with our hosting providers, we make every effort to protect the databases as well as possible against unauthorized access, loss, misuse or forgery.

We would like to point out that data transmission over the Internet (e.g. communication by e-mail) may have security gaps. A complete protection of data against access by third parties is not possible.

By using this website, you agree to the collection, processing and use of data in accordance with the following description. This website can be visited without registration. Data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without these data being directly related to your person. Personal data, in particular name, address or e-mail address are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.

Processing of personal data

Processing of personal data

Personal data is all information that relates to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, irrespective of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data – insofar and to the extent that the EU DSGVO is applicable – in accordance with the following legal principles in connection with Art. 6 Para. 1 DSGVO:

  • lit. a) Processing of personal data with the consent of the person concerned.
  • lit. b) Processing of personal data for the purpose of fulfilling a contract with the data subject and for carrying out appropriate pre-contractual measures.
  • lit. c) Processing of personal data for the fulfilment of a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the DSGVO is applicable in whole or in part.
  • lit. d) Processing of personal data to protect vital interests of the data subject or of another natural person.
  • lit. f) Processing of personal data to safeguard the legitimate interests of us or of third parties, except where such interests are overridden by the fundamental freedoms and rights and interests of the data subject. Legitimate interests are in particular our commercial interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for as long as is necessary for the respective purpose or purposes. In the case of longer-term storage obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Privacy policy for cookies

Privacy policy for cookies

This website uses cookies. These are small text files which make it possible to store specific information relating to the user on the user’s terminal device while he or she is using the website. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages, to analyse the behaviour of page use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be retrieved when the user revisits the site. If you do not wish this to happen, you should set your Internet browser to refuse to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.

Privacy policy for SSL/TLS encryption

Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for reasons of security and to protect the transmission of confidential content, such as the requests you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of your browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

Data transmission security (without SSL)

Data transmission security (without SSL)

Please note that data transmitted via an open network such as the Internet or an e-mail service without SSL encryption can be viewed by anyone. You can recognise an unencrypted connection by the fact that the address line of the browser displays “http://” and no lock symbol is displayed in your browser line. Information that is transmitted via the Internet and content received online may, under certain circumstances, be transmitted via third-party networks. We cannot guarantee the confidentiality of messages or documents transmitted via such open networks or third-party networks.

If you disclose personal information through an open network or third-party networks, you should be aware that your information may be lost or that third parties may potentially access this information and therefore collect and use it without your consent. Although in many cases the individual data packets are transmitted in encrypted form, the names of the sender and recipient are not. Even if the sender and the recipient live in the same country, data transmission via such networks is often carried out without controls even via third countries, i.e. also via countries that do not offer the same level of data protection as your country of residence. We assume no responsibility for the security of your data during transmission via the Internet and disclaim any liability for direct or indirect losses. We ask you to use other means of communication should you consider this necessary or reasonable for security reasons.

Despite extensive technical and organisational security measures, data may be lost or intercepted and/or manipulated by unauthorised persons. We take appropriate technical and organizational security measures to prevent this from happening within our system. However, your computer is located outside the security area under our control. It is your responsibility as a user to inform yourself about the necessary security measures and to take appropriate action in this regard. As website operator, we are in no way liable for any damage that you may incur as a result of data loss or manipulation.

Data which you enter in online forms may be passed on to third parties for the purpose of order processing and may be viewed and processed by these third parties.

Privacy policy for server log files

Privacy policy for server log files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request

These data cannot be assigned to specific persons. A consolidation of this data with other data sources is not carried out. We reserve the right to check these data subsequently if we become aware of concrete indications of illegal use.

Services from third parties

Services from third parties

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, YouTube for embedding videos and Google Forms for embedding forms

These services of the American Google LLC use among other things cookies and as a result data is transferred to Google in the USA, whereby we assume that in this context no personal tracking takes place solely through the use of our website.

Google is committed to ensuring an appropriate level of data protection in accordance with the American-European and the American-Swiss Privacy Shield.

Further information can be found in Google’s privacy policy.

Privacy policy for contact form

Privacy policy for contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.

Privacy policy for newsletter data

Privacy policy for newsletter data

If you would like to receive the newsletter offered on this website, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data will not be collected. We use these data exclusively for sending the requested information and do not pass them on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time, for example by clicking on the “unsubscribe” link in the newsletter.

Privacy policy for comment function on this website

Privacy policy for comment function on this website

For the comment function on this website, in addition to your comment, information on the time of the creation of the comment, your e-mail address and, if you are not posting anonymously, the user name you have chosen are stored.

Storage of the IP address

Our comment function stores the IP addresses of users who post comments. Since we do not check comments on our site before they are activated, we need this data to be able to take action against the author in case of legal violations such as insults or propaganda.

Subscribe to comments

As a user of the site, you can subscribe to comments after logging in. You will receive a confirmation email to verify that you are the owner of the email address you entered. You can unsubscribe from this function at any time via a link in the info mails.

Data protection declaration for right to information, deletion, blocking

Data protection declaration for right to information, deletion, blocking

You have the right to receive information free of charge at any time about your stored personal data, its origin and recipients and the purpose of data processing, as well as the right to correct, block or delete this data. For this purpose, as well as for further questions regarding personal data, you can contact us at any time at the address given in the imprint.

Services subject to charges

Services subject to charges

In order to provide services that are subject to a charge, we ask for additional data, such as payment details, in order to be able to carry out your order. We store this data in our systems until the statutory retention periods have expired.

External payment service providers

External payment service providers

This website uses external payment service providers, through whose platforms the users and we can carry out payment transactions. For example via

  • PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
  • Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
  • Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
  • American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)
  • Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
  • Bexio AG (https://www.bexio.com/de-CH/datenschutz)
  • Payrexx AG (https://www.payrexx.ch/site/assets/files/2592/datenschutzerklaerung.pdf)
  • Apple Pay (https://support.apple.com/de-ch/ht203027)
    Stripe (https://stripe.com/ch/privacy)
  • Klarna (https://www.klarna.com/de/datenschutz/)
    Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/)
  • Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/)
  • etc.

Within the framework of the performance of contracts, we appoint payment service providers on the basis of the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. b. EU-DSGVO. Furthermore, we use external payment service providers on the basis of our legitimate interests in accordance with the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. f. EU-DSGVO in order to offer our users effective and secure payment options.

The data processed by the payment service providers include inventory data, such as name and address, bank data, such as account or credit card numbers, passwords, TANs and checksums, as well as contract, sum and recipient related data. These details are required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. We as the operator do not receive any information about (bank) account or credit card, but only information to confirm (accept) or reject the payment. Under certain circumstances, the payment service providers may transfer the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard we refer to the general terms and conditions and data protection information of the payment service providers.

The terms and conditions and data protection information of the respective payment service providers, which can be accessed within the respective website or transaction applications, apply to the payment transactions. We also refer to them for further information and the assertion of rights of revocation, information and other rights of affected persons.

Privacy policy for the learning platform

Privacy policy for the learning platform kurse.tirsus.com

The Learning Platform

The learning platform is based on the source software Moodle. Moodle is used worldwide in the training and university sector in teaching. See: https://moodle.org

Tirsus undertakes to handle data in Moodle with care and does everything in its power to protect the platform from unauthorised access.

Tirsus also undertakes to keep confidential all correspondence (especially correspondence sent via the platform), log data in Moodle and the results obtained by users on the platform.

Individual records may be copied out at the request of the user, provided that they concern the user himself and provided that Moodle provides tools to do so.

Jitsi used as a platform for webinars, while  meet.jit.si . The Privacy Policy von jitsi.org. applies.

Reporting access numbers for the purpose of exercising author rights

Reporting access numbers for the purpose of exercising author rights

Cookies and traffic reports
We use “session cookies” from ProLitteris, Zurich, to measure access to texts in order to determine the probability of copying. Session cookies are small units of information that a provider stores in the main memory of the visitor’s computer. A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. In addition, a cookie contains information about its origin and the period of storage. Session cookies cannot store any other data.
These measurements are carried out by Kantar Media Media (www.kantarmedia.com/de) according to the Scalable Central Measurement Method (SZM). They help to determine the probability of individual texts being copied to compensate for legal claims by authors and publishers. We do not collect personal data via cookies.
Our pages may contain JavaScript calls, which we use to report access to the ProLitteris collecting society. In this way, we enable our authors to participate in the compensation which ensures the legal disposal for their own use of copyright-protected works (Copyright Act Art. 19 (1) and Art. 20).
A use of our offers is also possible without cookies. Most browsers are set to accept cookies automatically. However, you can deactivate the storage of cookies or set your browser to inform you as soon as cookies are sent.

Privacy policy for the use of the Scalable Central Measurement Method
Our website and our mobile web offer use the “Scalable Central Measurement Method” (SZM) of Kantar Media (www.kantarmedia.com/de) for the determination of statistical parameters to determine the copy probability of texts.
Anonymous measured values are collected in the process. The access count measurement uses alternatively a session cookie or a signature, which is created from various automatically transmitted information of your browser, to recognize computer systems. IP addresses are only processed in anonymised form.
The procedure was developed in compliance with data protection. The sole aim of the procedure is to determine the probability of individual texts being copied. At no time are individual users identified. Their identity remains protected. You will not receive any advertising via the system

Other marketing service providers

Other marketing service providers

For the marketing of this website, other service providers are used:

Google AdWords – Google Ads

This website uses Google Conversion Tracking. If you have reached our website via an ad placed by Google, Google Adwords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad served by Google. These cookies expire after 30 days and are not personally identifiable. If the user visits certain pages on our site and the cookie hasn’t expired, we and Google can tell that the user clicked the ad and was redirected to that page. Each Google AdWords customer receives a different cookie. As a result, cookies cannot be tracked across the websites of AdWords customers. The information collected through the conversion cookie is used to compile conversion statistics for advertisers who have opted in to conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in tracking, you can refuse to accept cookies by changing your browser settings to disable automatic placement of cookies or to set your browser to block cookies from the domain “googleleadservices.com”.

Please note that you may not delete the opt-out cookies unless you wish to record measurement data. If you have deleted all your cookies in your browser, you have to set the respective opt-out cookie again.

Privacy Policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To deactivate Google Analytics, Google provides a browser plug-in at https://tools.google.com/dlpage/gaoptout?hl=de. Google Analytics uses cookies. These are small text files which make it possible to store specific information relating to the user on the user’s terminal device. These enable Google to analyse the use of our website offer. The information collected by the cookie about the use of our website (including your IP address) is usually transferred to a Google server in the USA and stored there. We would like to point out that on this website Google Analytics has been extended by the code “gat._anonymizeIp();” in order to guarantee an anonymized collection of IP addresses (so-called IP-Masking). If anonymisation is active, Google will shorten IP addresses within member states of the European Union or in other states that are party to the Agreement on the European Economic Area, which means that no conclusions can be drawn about your identity. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google observes the data protection regulations of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the US Department of Commerce and uses the collected information to evaluate the use of our websites, to write reports for us in this regard and to provide other relevant services to us. You can learn more at https://support.google.com/analytics/answer/6004245?hl=en.

Questions to the data protection officer

Questions to the data protection officer

If you have any questions regarding data protection, please fill in the contact form or contact the person responsible for Tirsus directly.

Starrkirch-Wil, 03.10.2019
Source:

SwissAnwalt