User Terms and Conditions
(Amended on July 18th, 2018 according to GDPR)
This is an Agreement for services and access to this PLATFORM (MULTIEPORTAL LMS, MULTILEARNING Mobile Learning App for iOS/Android, MULTIWEBCAST Viewer, MULTITESTER, MULTIEPOSTER Viewer, MULTISUBMISSION and other software) (hereinafter referred as this Platform) powered, owned and published by MULTILEARNING as the data processor in this case for the European Association of Neurosurgical Societies [EANS] (hereinafter, referred to as EANS), except for the cases where MLG, as the joint controller with the EANS upgrades the Platform which may also include new means and purposes of processing. This Platform uses the technology developed by MULTILEARNING Group Inc. (hereinafter referred as MLG).
1.2. By using this Platform you confirm that you have read and accepted the conditions found in this Agreement and that you agree to be bound by these terms and conditions and all applicable laws.
DUTIES OF THE USER
2.1. As a User, you may browse this platform for personal and general information only. You may view, copy and print the material available on this Platform for your non-commercial or personal use only. All copies that you make must retain all copyrights and other notices that are on the version on this Platform. Except as provided in the previous sentence, you may not use, distribute, modify, transmit, revise, reverse engineer, republish, post or create derivative works of the content of this Platform without EANS's prior written permission. Nothing contained herein shall be construed as granting, by implication or otherwise, any license or right to use the trademarks used in connection with this Platform or to use any other intellectual property in a way not expressly contemplated therein.
2.2. As a User, you shall not divulge or share your username or password.
2.3. As a User, you shall use this Platform only in the manner prescribed in this Agreement and in accordance with instructions that may appear during the use of this Platform. In doing this, the User must also respect deontology or the ethical rules of its profession.
2.4. As a User you are solely responsible for verification of the accuracy of the information available on this Platform and any links from this Platform.
2.5. Solely as a convenience to our visitors, this Platform currently contains links to a number of web sites. The privacy policies and procedures described here do not apply to those web sites. As a User, we suggest that you contact these web sites directly for information on their data collection and distribution policies. Your visiting such web sites or pages is at your own risk.
2.6. Publication of works or material or any type of communications by a User, as well as your participation in discussion forums is strictly voluntary and are your entire and sole responsibility. You agree to hold EANS harmless from any action, prosecution, and damage claims, including, but not limited to, infringement or defamation, arising from or related to your online conduct or the material that you transmit on this Platform.
2.7. Prior written approval and/or this Agreement is/are required prior to publishing any material or works on this Platform.
2.8. As a User you shall not divulge, transmit, extract or compile from this Platform the personal information of other Users.
2.9. As a User, you agree to share your personal information (such as your first name, last name, and a method of contact (e.g., phone number or email address)) with the other Users of this Platform.
2.10. In no event shall EANS be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the use or performance of any information posted on this Platform. In no event is EANS liable for any damage to your computer system or business delays caused by computer viruses that may emerge from the use of this Platform.
2.11. Neither EANS nor its officers, staff and volunteers accept any responsibility for the content of the information or postings on this Platform. The content of all postings is solely the responsibility of the authors. EANS reserves the right to delete, move or edit any communications at any time, for any reason or in its sole discretion, but has no obligation to review or remove any such content. In the event that any inappropriate or illegal posting is brought to EANS's attention, EANS may exercise appropriate action. You acknowledge, consent and agree that EANS may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Registration Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of EANS, its officers, directors, employers, agents, other users or the public.
3.1. Unless it is otherwise clearly indicated, and except for works that are published online by Users with prior written approval of EANS, EANS retains all copyright and other proprietary rights in this Platform Look & Feel and its content and MLG retains all copyright and other proprietary rights in this Platform technologies . If you link to any third-party web sites from this Platform, you should follow the copyright provisions of those sites. You are not permitted to use the trademarks displayed on this Platform without the prior written consent of EANS or such third party which may own the trademarks.
3.2. As a User, you agree not to post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane content or any material that constitutes or encourages criminal conduct or that violates any law. You also agree not to post or transmit information that contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature; is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community; violates any right of EANS, its officers, directors, employees, members or any third party; discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance; You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; contains software viruses, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; "stalks," "flames" or otherwise harasses another person or entity; and/or contains chain letters, jokes, political advocacy, personal messages or other non-related messages.
3.3. When you place materials or information on the publicly viewable portion of this platform, you give to EANS for the period of copyright protection an irrevocable, non-exclusive license to use that material and information for any purpose. To the extent permitted by applicable law, you waive, release and agree not to assert any rights that you may have in connection with any content shared or posted by you. You further agree and authorize EANS and its affiliates and licensees to print, publish, reproduce, broadcast, and disseminate in any form or media, without compensation to you, your name, likeness and content, and any such permission may not be revoked for any reason.
3.4. "EANS" and the EANS Logo as well as “EANS Academy” and its logo are trademarks of EANS.
DURATION OF THE AGREEMENT
4.1. Access to this platform and its services is provided as long as the User is active but the User's access may be terminated without prior notice in the following circumstances:
4.1.1. Information related to User is incomplete or erroneous;
4.1.2. Email address of the User is inactive or invalid;
4.1.3. The User has not complied with the terms and conditions in this Agreement;
4.1.4. EANS has decided to delete or disable the User account
When applicable, a pre-authorized payment agreement will be entered with the User for access to paid services.
6.1. EANS and MLG are not responsible for temporary or prolonged interruptions of this platform or any loss of data that may result thereof. at any time, EANS and/or MLG may temporarily interrupt the access to this platform in order to update, modify, rectify, improve or change the equipment used to provide the services.
6.2. EANS and/or MLG do not endorse the remarks, diagnosis, or advice found in the material or works transmitted by users among themselves or published on this platform.
6.3. EANS and/or MLG do not verify or control the reliability, relevance or accuracy of the information or material transmitted by the user or by its sponsors or affiliates. EANS and/or MLG assume no responsibility for errors or omissions in the information or other documents which are referenced by or linked to this platform. EANS and/or MLG make no warranties or representations, whatsoever, express or implied, in connection with the suitability, for any purpose, of the contents of this platform, your use of this platform, or your use of the content of any web site linked to this platform.
6.4. It is your responsibility to verify the accuracy of the information collected by you from this platform or available on related web sites to which this platform may redirect by hyperlinks. EANS and/or MLG make no representation regarding the accuracy or completeness of any claims, statements or information on this platform or any web site to which it is or can be linked.
6.5. EANS and/or mlg, their affiliates and any directors, officers, employees, agents, contractors, subcontractors or agents of the foregoing shall not, under any circumstances, be liable for consequential, incidental, indirect or special damages, of any kind, or any other damages whatsoever, including without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any content of this platform (or a website linked to this platform), or any other cause and even if caused by EANS and/or MLG or their affiliate's negligence or if EANS and/or MLG or their authorized representative has been apprised of the likelihood of such damages occurring, or both.
6.6. The above limitation or exclusion may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.
6.7. This platform can be accessed from other countries around the world and may contain references to products, services, and programs that have not been announced in your country. these references do not imply that the host intends to announce such products, services or programs in your country.
6.8. The law of the Province of Quebec shall govern any disputes, remedies, breaches or claims related to the present agreement. All matters arising from the present agreement shall be heard by the Province of Quebec, district of montreal, at the exclusion of the courts of any other country. you further agree that the statute of limitations for any claim against EANS shall be brought within one (1) year from when the claim arose, and any claims not brought within such period shall be deemed waived.
6.9. The user hereby agrees to indemnify and hold harmless MLG and EANS and its board members, officers, employees and agents, for, any loss, liability, claim, damage, expense (including but not limited to costs of investigation and defense and reasonable attorneys' fees) arising from or in connection with the user’s use of this platform in violation of this agreement or in violation of any applicable law.
USE OF "MLG SOFTWARE"
As a User of MULTILEARNING Mobile Learning App for iOS/Android and the MULTIEPORTAL eLearning/LMS platform developed, powered and owned by MLG to browse and access materials and browse and complete elearning/accredited activities, and as a user of the MULTIWEBCAST Viewer to view Online Presentations/Interviews/Panel discussions/Video Techniques, MULTITESTER to complete eLearning modules, Advanced & regular Quizzes and/or Case Studies and/or Self Assessment, MULTIEPORTAL PLATFORM and MULTILEARNING Mobile Learning App to browse and access all types of content including abstracts, journal abstracts, ePosters, audio podcasts, article reviews, live streaming, Textbook/eBooks, Video Techniques, PowerPoint Files shared by speakers, documents, information about upcoming events, and/or complete Online Accredited Courses/Online Curricula/Online Certification, MULTIEPOSTER Viewer to view interactive ePosters, MULTIEPOSTER Offline version to view interactive ePosters onsite during congresses, MULTISUBMISSION Platform for Educational Materials submission and review, hereinafter referred as as “MLG SOFTWARE”; You agree to the following:
7.1. The use of MLG SOFTWARE, their trademarks, as well as their "look and feel" are the exclusive property of MLG and are protected under intellectual property laws. You are authorized to use the MLG SOFTWARE solely for personal, non-commercial purposes and for elearning/education/accreditation/certification offline or online. The rights to use the MLG software is inalienable and non-transferable and is reserved to users who have accepted these terms and conditions. You shall not reproduce, translate, alter, reverse engineer, transmit or communicate MLG SOFTWARE in whole or in part, and/or its source code without prior written authorization from MLG, nor give access to the MLG SOFTWARE to any unauthorized users. You are not authorized to distribute, sell, rent or otherwise transfer the use of MLG Software.
7.2. MLG provides only the means to transmit content. MLG does not endorse any statements or opinions made in the content presented and accessed through the MLG SOFTWARE. The views expressed in the content are those of the contributors or our clients and are not necessarily those of MLG. MLG does not take any responsibility for the content viewed with the MLG SOFTWARE, nor for any damages to users. The content, including all videos, texts, information, graphics, images, hyperlinks, assessments and other material are for educational purposes only.
7.3. MLG will not be liable to you for any decision made or action taken by you in reliance on the materials accessed on MLG SOFTWARE. You agree that MLG will not be responsible for any loss or damages (notably, direct, indirect, incidental, special or consequential damages) or loss of profit that may result from the use of MLG SOFTWARE or reliance on the content. User acknowledges and agrees that all decisions made with the assistance or use of MLG software and/or based on its content will be exclusively the responsibility of the user.
7.4. MLG does not guarantee that content transmitted on MLG SOFTWARE is free of rights nor defects. MLG relies solely upon rights and titles which are transmitted to MLG by contributors or our clients and upon declarations which are made with respect to said rights and titles. MLG has no means of verifying the exactitude nor the scope of the authorizations with respect to content which is conferred upon MLG. Any legal proceedings or complaint for infringement, as well as any other usurpation and violation must be brought to the attention of the contributors or our clients or those persons initiating the communication of content available on the MLG SOFTWARE. The intervention of MLG will be limited to the withdrawal or correcting the content, when possible, by notifying MLG with the description of the content in question, fact or content in which a right is claimed, a personal declaration which attests to your good faith and the veracity of the information which you are transmitting, to the following address: [Multilearning group inc., 8782 lajeunesse, Montreal, QC, H2M 1R6, CANADA] or by e-mail at the following address: [firstname.lastname@example.org]. MLG will not be held liable for the delay or the omission in withdrawing or correcting the content. In the event the infringing material appears on a file for download, MLG will endeavour, upon notice, to inform registered users of the infringement. Liability of MLG is limited to correct, for the future only, newly edited version of the file for download. It is your responsibility, as well as that of any user of the MLG SOFTWARE, to verify and respect additional notices and author credits which are displayed on the MLG SOFTWARE or on third parties sites linked by the users from the MLG SOFTWARE. if necessary and for additional information, you must directly contact the contributor(s) or our client or the person responsible for the content. MLG will not be held liable for any infringement whatsoever of rights of a third party nor any violation of applicable laws based upon use of the MLG SOFTWARE, including intellectual property, defamation or privacy claims. Additionally MLG is not responsible with regard to you or any third party for any viewing or transmission of illicit, offensive, obscene, defamatory or threatening content, nor publicity content.
7.5. Interruption of service and inter-operability registered users and users of the MLG SOFTWARE are responsible for the inter-operability and capacity of hardware used with the MLG SOFTWARE. MLG declines any responsibility for defects, incompatibilities, interruption of service or non-compliance of the product. The MLG SOFTWARE and the service of MLG are provided to you "as is". MLG does not provide any guarantee on the MLG SOFTWARE with regard to its downloading, its streaming, its security defects and/or errors which it may contain. MLG cannot be held responsible for damages which may affect your computer system and/or for loss of data which may result from the downloading or use of the MLG SOFTWARE.
7.6. MLG reserves the right to deny access to user accounts, without prior notice and at MLG's sole discretion, when such accounts have been manually or automatically flagged for behaviour which can be interpreted as an attempt to damage the integrity of the systems, to tamper with the systems' data, to bypass the system's security safeguards, or to breach any of the terms covered in section 7. Should a user be dissatisfied with MLG's decision, that user may request termination of their access to MLG SOFTWARE themselves.
7.7. This section 7 USE OF "MLG SOFTWARE" is governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to any conflict of law principles. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity of any remaining provisions. These terms and conditions constitute the entire agreement between you and MLG and may only be modified by MLG at its discretion.
7.8. MULTILEARNING, MULTIWEBCAST, MULTIEPOSTER, MULTITESTER, MULTIREGISTRATION, MULTIEPORTAL, MULTIREGISTRATION, MULTISUBMISSION and their logo are trademarks of MULTILEARNING Group Inc..
8.1. This may be revised or removed without prior notice and at any time. As a User you are bound by such revisions and so you are encouraged to visit this page frequently to stay informed.
8.2. By accessing this Platform, you agree that all matters relating to your access to, or use of this Web site shall be governed by the statutes and law of the Province of Quebec. All matters arising from the present agreement shall be heard by the Province of Quebec, district of Montreal, at the exclusion of the Courts of any other country, without regard to the conflicts of laws principles thereof. EANS and/or MLG make no representation that materials on this Platform are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
8.3. This Registration Agreement does not confer any third party beneficiary rights.
(Amended on July 18th, 2018 according to GDPR)
9.2. What personal data does MLG collect from the Users that visit the Platform? When registering or ordering on the Platform, as appropriate, the User may be asked to enter his/her name, email address, mailing address or other details to help with the experience. The Platform will respect the confidentiality of the data that is transmitted on it in accordance with the provisions of this Agreement. The Platform uses a random identifier, which is a session number attributed to the User as he/she enters the site. This session number is expunged in this Platform system as the User leaves. Please be advised that your visit to this Platform leaves a retrievable trace that allows this Platform to gather raw data on the User. Such technical retrieving system is necessary in order to secure this Platform system.
9.3. By using this Platform, the User agrees that his/her information may be archived in the database of this platform and be used by EANS. MLG provides EANS with live access to Users' profile information, material or communications posted and any user activity records, therefore data collected on the application and through this Platform may be stored and/or processed in a foreign country given that such country has adequate personal data protection regulations in place.
9.4. When does MLG collect information? We collect information from the User when he/she registers on the Platform, place an order, enter information, write posts/comments, add content to favorites, provide ratings or submit educational content (such as documents, videos, narrations and images), are active on a educational activity, download materials, create content (such as quizzes), and when the User uses mobile devices' resources (such as camera or microphone) to scan QR codes, submit photos, record narrations and send educational materials.
9.5. How does MLG use your information? MLG may use the information it collects from the User in the following ways:
9.5.1. To personalize the experience and to allow MLG to deliver the type of content and product offerings in which you are most interested.
9.5.2. To improve the Platforms in order to better serve the User.
9.5.3. To administer a survey or other site feature.
9.5.4. To quickly process the User’s transactions.
9.5.5. To ask for ratings and reviews of services or products.
9.5.6. To communicate with the User through e-mail regarding the User’s interaction with the educational content, to promote new educational content, to inform the User about the accreditation procedure, if relevant.
9.5.7. To save User’s information when he/she downloads, uploads and creates content on the Platform.
9.6. How does MLG protect the User’s information? MLG employs appropriate measures to ensure that both the software that it produces, as well as any third-party software that is required by its IT infrastructure, remains up to date, particularly in regard to security patches. These security patches are applied as soon as they are available from the upstream (i.e. third party) vendor, or as soon as a vulnerability is identified and consequently fixed (in MLG’s software).
9.7. The Personal Data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology. MLG implements a variety of security measures when a User places an order enters, submits, or accesses their information to maintain the safety of the User’s personal data. EANS/MLG never asks for credit card numbers. All transactions are processed through a secure gateway provider and are not stored or processed on EANS/MLG’s servers.
9.8 The User agrees and acknowledges that the Personal Data provided on the platforms of the MLG are stored on MLG databases for security, backup and archiving purposes, as well as facilitation of the performance of services provided by the EANS. Since May 25th, 2018, the archive and backup retention period is between 6 months and 1 year. Archives and archived backups use encryption to protect the data both in transit and at rest.
9.9. Does MLG SOFTWARE use 'cookies'? Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through the User’s Web browser (if he/she allows) that enables the site's or service provider's systems to recognize the User’s browser and capture and remember certain information.
9.9.1. The MLG SOFTWARE are provided to you as pure educational platforms/services requiring cookies to operate. In the case of the MLG SOFTWARE, cookies are essential for the Platform to function properly for the provision of education for the following reasons:
9.9.2. All functionalities of this educational platform and embedded applications require the existence of a User session enabled by cookies (When you complete a case study, it allows MLG SOFTWARE to keep track of your progression and compile your results at the end of your activity, it also allows you to continue activities where you have left them)
9.9.3. All true educational interactions/activities Users are performing on MLG SOFTWARE (such as searching for and completing e-learning activities, downloading educational materials, posting within forums related to content, viewing educational lectures) are either captured for official accrediting bodies to allow Users who explicitly opted to obtain CME/MOC/CE and other types of professional accreditation credits/points/certificates from those accrediting bodies and/or for EANS to evaluate the provision of education to their targeted audience and to establish their educational strategies/investment accordingly. The accrediting bodies and/or EANS do not use the personal data gathered from the cookies for any other reasons stated herein.
9.9.4. However, the MLG SOFTWARE do not capture non-essential activities such as menu items and listings you click on or pages viewed.
9.9.5. The User has the right to choose to have his/her computer warn him/her each time a cookie is being sent, or the User can choose to turn off all cookies, through their browser settings. Since each browser is a little different, we suggest that you look at your browser's Help Menu to learn the correct way to modify your cookies.
9.9.6. If the User disables cookies in his/her browser: a large subset of the functionality provided by the Platform will either be unavailable or cease to work as expected.
9.9.7. When third party services using cookies such as Google Analytics are enabled by our clients on the platform (EANS in the case of this platform) to compile aggregate data about traffic, interaction, engagement time, demographics, and more, MLG Software will allow you to opt-in to this service before May 25th, 2018.
9.10. The User has the right to choose to have his/her computer warn him/her each time a cookie is being sent, or the User can choose to turn off all cookies, through their browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
9.11. If the User disables cookies in his/her browser: Cookies are essential for the Platform to function properly. If the User disable cookies, a large subset of the functionality provided by the Platform will either be unavailable or cease to work as expected.
9.12. Third-party disclosure: MLG does not sell, trade, or otherwise transfer to outside parties the User’s Personal Data unless MLG provide users with advance notice often specified in the Platform registration agreements such as MLG clients and/or accrediting bodies. This does not include cloud infrastructure providers and other parties the assistance of which is essential for operating MLG’s website, conducting business, sending out newsletters or push notifications or serving MLG’s Users, so long as those parties agree to keep this information confidential and secure. MLG may also release information when its release is appropriate to comply with the law, enforce site policies, or protect MLG’s or others' rights, property or safety. Other than as outlined in this Agreement, all the data collected on the User cannot be accessed by any persons other than the User, EANS, the accrediting body of course(s) the User has started/completed, MLG and platform administrators and e-learning program managers/contributors and trainers.
9.13. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
9.14. Third-party links: Occasionally, at MLG’s clients’ discretion, MLG may include or offer third-party products or services on its website. These third-party sites have separate and independent privacy policies. MLG therefore has no responsibility or liability for the content and activities of these linked sites. Nonetheless, MLG seeks to protect the integrity of its site and welcomes any feedback about these sites.
9.15. Google: Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. We have implemented the following:
9.15.1. Demographics and activity Reporting
9.17. PIPEDA legislation and regulations: In addition to its obligations under privacy regulations such as the General Data Protection Regulation, MLG is a Canadian corporation primarily subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) available at: http://laws-lois.justice.gc.ca/eng/acts/P-8.6/index.html or subsequent replacement data protection Acts in effect in Canada.
9.18.2. And/or when the User logs in
9.19. The User can change his/her personal data:
9.19.1. By emailing MLG
9.19.2. By logging in to his/her account
9.20. If at any time the User wishes to unsubscribe from receiving future emails,
9.20.1. He/she can email MLG at [email@example.com] or
9.20.2. Follow the instructions at the bottom of each email.
and MLG will promptly remove the User from ALL correspondence.
9.21. Contacting MLG
MULTILEARNING Group Inc.
Montreal, Quebec H2M1R6
Last Edited on 2018-07-18
REF:MULTIEPORTAL V.GDPR2 July 2018
©2018 MULTILEARNING Group Inc.