Welcome to the registration for BWS-WorldYou are applying for a Baden-Württemberg-STIPENDIUM for University Students.
If you have already applied for a Baden-Württemberg-STIPENDIUM before, please contact the International Office of your host university in Baden-Württemberg.
Do not register a second time.
Usage terms for the online social network of Baden-Württemberg Stiftung gGmbH
Dated: 01 April 2017
1.1 On registering as a user on the online social network of Baden-Württemberg-Stiftung gGmbH ("BW Stiftung", "supplier" or "we") called BWS-World you accept the following conditions of use for BWS-World ("T&C"), which BW Stiftung provides free of charge to applicants for grants, recipients of grants, alumnae and participants involved in awarding and administrating grants, in particular the relevant programme partners and other service providers (such as the connected universities) who are entrusted by BW Stiftung with the indirect administration of the programme. BW Stiftung operates the services of BWS-World under the URL https://www.bws-world.de. These T&Cs regulate the contractual relationship between the user and BW Stiftung. The user concludes the usage agreement with Baden-Württemberg-Stiftung gGmbH, Im Kaisemer 1, 70191 Stuttgart. Additional contact data, commercial register data and the name of a person authorised to represent BW Stiftung can be found in the legal notes section.
1.2 The online network aims to promote communication between applicants, grant holders, alumni, programme partners and service providers associated with the grants on the one hand and us, BW Stiftung, on the other. The online network also helps us to process and administrate the grant.
1.3 The users of BWS-World can call up these T&Cs at any time, even after concluding the usage agreement, via the link available in BWS-World.
2. DEFINITION OF TERMS
2.1 User: Is the contractual partner of BW Stiftung, namely applicants for a BW Stiftung grant, grant-holders, grant alumnae, programme partners and other service providers of grants, employees of BW Stiftung and other participants authorised by BW Stiftung.
2.2 Front-end: User interface for BWS-World that is shown to the users and through which they can interact with the portal.
2.3 Registration data: The information required for initial registration and logging on, namely the first name, last name, email address, university and grant line.
2.4 Application data: The information provided by applicants during the application on the online network, namely the motivation letter, CV and certificates.
2.5 Content: All articles, photos, videos, comments, messages, grades and recommendations by a user in BWS-World.
2.6 Personal data: Individual pieces of information about personal or factual relationships concerning a particular natural person or one that can be determined.
2.7 Profile: Digital profile of the user on BWS-World that may include in particular such user data as the first and last name, email address, address, information on the previous education and employer as well as contributions written by the user, comments on contributions made by other users, recommendations, assessments etc.
BWS-World websites: All websites on which BW Stiftung provides the services of BWS-World.
3. SUBJECT OF THE USE
3.1 Through the BWS-World service BW Stiftung offers registered users the opportunity to communicate with other users or BW and to exchange information, in particular with regard to assigning grants whether in advance of, during or after grants.
3.2 The use of BWS-World is possible free of charge but requires registration and logging into the online network.
3.3 BWS-World is used exclusively for the private purposes of users. Commercial use is not permitted.
4.1 Users must register before using BWS-World. They make assurances that all of the data provided during registration is true and complete. Within their personal profile users may provide additional information, such as their previous education or employers.
4.2 The users make assurances that at the time of registration they have as a minimum completed their 15th (fifteenth) year of life. The following applies to users who are under 18 (eighteen) years of age: when registering for BWS-World it is essential that you understand these T&Cs. If you do not understand these T&Cs ask your parent or guardian to explain them and ask whether they agree to you registering with BWS-World. Even if you think you have understood everything you must tell your parent or guardian that you have registered with BWS-World.
4.3 Registration is always undertaken by the users themselves. During registration the user selects a user name and password. The user is obliged to keep the password secret. It is also not possible to transfer the whole profile. BW Stiftung will not forward the password to a third-party nor will it ask the user for the password at any time except when registering with BWS-World. In particular, employees of the supplier will never ask users for their password by email or telephone. If users become aware that a password is known by a third-party they will inform the supplier of this without delay. If a third-party has become aware of the password through the action of the user, the user is liable for any damage caused to the supplier by the use of the password.
4.4 In the case of registering alumni BW Stiftung will complete your as yet inactivated profile with your data. You can activate your profile and decide which data you want to provide to other users of BWS-World.
4.5 By completing the registration process the user provides an offer to conclude the agreement for using the BWS-World service. The supplier accepts this offer by releasing the user for the services on the BWS-World website. This acceptance brings into existence the usage agreement between the user and BW Stiftung. Only those authorised by the supplier have access to BWS-World.
4.6 Each user may only register and create a user profile once.
4.7 BW Stiftung cannot determine with absolute certainty whether a user registered on the BWS-World website is actually the person they purport to be. BW Stiftung therefore provides no guarantee on the actual identity of the user. Each user must therefore be persuaded about the identity of another user.
5. DUTIES OF THE USER
5.1 The user is obliged
5.1.1 to only provide true and not false information in their profile and communications with other users and not to use any pseudonyms or aliases,
5.1.2 only provide photos that show themselves and that clearly show the user to the BWS-World website. The user will ensure that the BWS-Website is permitted to reproduce the photos provided. The transfer of photos or graphics of other people, people who do not exist or other beings (animals, fantasy characters etc.) is not permitted.
5.1.3 when using the content and services on the BWS-World website to comply with the applicable laws and rights of third-parties. It is in particular prohibited for the user to
188.8.131.52 use offensive or libellous content no matter whether this content relates to other users, BW Stiftung employees or other people or companies,
184.108.40.206 use, offer or distribute pornographic, violence-promoting content or that which infringes the German Youth Protection Acts;
A user's content that infringes the rights of a third-party will be removed by the supplier immediately after the supplier becomes aware of it.
220.127.116.11 annoy other users unreasonably (in particular using spam, i.e. electronic advertising mails as defined by Section 7 of the German Act on Improper Competition - UWG),
18.104.22.168 use statutorily protected (e. g. via copyrights, brand rights, patents, registered designs or utility models) content without being authorised to do so or to advertise, offer or sell goods or services protected by law and to
22.214.171.124 undertake or promote anti-competitive actions, including progressive customer advertising (such as chain, snowball or pyramid systems).
5.1.4 The following annoying actions must not be undertaken, even if they do not specifically infringe any laws:
126.96.36.199 Sending chain letters,
188.8.131.52 Carrying out, advertising and promoting structured sales measures (such as multi-level marketing or multi-level network marketing) or
184.108.40.206 titillating or sexual communication (explicit or implicit).
5.2 The user may not undertake the following actions:
5.2.1 Use of mechanisms such as bots or spiders, software or scripts in connection with using the BWS-World website.
5.2.2 Upload virus or other malicious code to BWS-World.
5.2.3 Any activity that can block, overload or adversely affect the integrity and problem-free functioning of BWS-World or its infrastructure, such as denial-of-service attacks.
5.2.4 Block, overwrite, modify, copy content from BWS-World if this is not required for the proper use of the services provided on the BWS-World website. For example, copying by means of "robot/crawler" search engine technologies is not required for the proper use of the services on the BWS-World website and is therefore explicitly prohibited.
5.2.5 Distribution and public transfer of content from the BWS-World website or from other users,
5.3 The up-to-date nature is an important quality feature of BWS-World. As user information and data changes over time, the users should update their information regularly. Changes to the user data provided by the user when registering/applying, such as changes to the address or email address, are to be made in the user's profile on the BWS-World website without delay.
6. TERM AND TERMINATION OF THE USAGE CONTRACT
6.1 The supplier has the right to terminate the usage contract at any time without stating the reasons for this. The user also has this right unless the user is in the application or grant process. If the supplier or user uses their termination right they will inform the other contractual partner about the termination in written form.
6.2 After ending the usage contract the supplier will as a first step temporarily deactivate the user's profile and their access after appropriate notification to the user as stated in Number 6.1. If the user does not reactivate the profile within a period of 24 hours after deactivation the supplier will permanently delete the profile in a second step. The supplier will send the user notification about the temporary deactivation and the final deletion of the access by email.
7. USAGE RIGHTS AND INTELLECTUAL PROPERTY
7.1 The user grants the supplier a free, non-exclusive, transferable, unlimited usage right to all content that the user places in BWS-World. The usage right covers in particular the right to publicise the content on mobile and static devices, the right of reproduction, distribution and transmission, if these are required to provide the content to be called up and to operate BWS-World.
7.2 The usage rights ends when the user deletes the relevant content or account unless the content has been linked with other content, such as comments on the user's contributions and the content has not deleted this.
8. RESPONSIBILITY FOR CONTENT
8.1 The supplier is not obliged to publish the user's offered content in BWS-World and can also remove content that has already been published without prior announcement and/or providing a reason to the relevant user.
8.2 BW Stiftung does not accept any responsibility for the content, data and/or information provided by users of the BWS-World website or for the content of linked, external websites. BW Stiftung in particular makes no assurances that this content is true, fulfils a specific purpose or can be used for such a purpose.
8.3 If the user notices use of the BWS-World website that is illegal or contravenes the contract (including the use of pseudonyms or deceptive identities) these can be notified via the contact form available on each page of the BWS-World website ("Complaint"). The notification must always include a declaration indicating the reason for the complaint and the justification of the person making the complaint.
8.4 If the supplier becomes aware of content from the user that infringes rights this content will be deleted without delay. If the relevant content is not obviously illegal the supplier will deal with the complaint during business hours (Monday to Friday, 09:00 to 18:00) without delay and if the complaint is justified remove the relevant content without delay.
9. AVAILABILITY AND LIABILITY
9.1 The user recognises that the supplier cannot accept any liability for the online network being constantly available and functioning. The supplier therefore guarantees average annual availability of the BWS-World servers of 98%. This excludes such times when the server is unavailable due to technical or other problems that are not in the area of influence of the supplier or the selected hosting service provider, are due e.g. to force majeure or are the responsibility of a third-party.
9.2 BW Stiftung is liable for damages, no matter the legal reason, only for deliberate action or gross negligence by BW Stiftung, its statutory representatives or vicarious agents and for the culpable infringement of key contractual duties. For the culpable infringement of key contractual duties that are due neither to deliberate action or gross negligence, liability is limited to the reimbursement of damages that are typical of the contract and predictable up to a maximum of €5,000.00.
9.3 The liability restriction in Number 9.2 does not apply to damages caused by BW Stiftung, its statutory representatives or vicarious agents in a culpable manner from injury to life, body or health or to liability under the German Product Liability Act or in cases of BW Stiftung accepting explicit guarantees or for claims due to missing assured characteristics.
10.1 The user will indemnify BW Stiftung for all claims, including claims for damages, asserted by other users or third-parties against BW Stiftung due to an infringements of their rights by the content provided by the user on the BWS-World website. The user will indemnify BW Stiftung for all claims, including claims for damages, asserted by other users or third-parties against BW Stiftung due to an infringements of their rights by the use of the services by the user on the BWS-World website. The user will accept all of the appropriate costs incurred by BW Stiftung as a result of the infringement of third-party rights, including the costs incurred as a result of legal defence. All additional rights and claims for damages by BW Stiftung remain unaffected. The user has the right to prove that the actual costs incurred by BW Stiftung are lower. The user's obligations stated above do not apply if the user is not responsible for the relevant infringement of rights.
10.2 If the user's content infringes the rights of third-parties the user will provide BW Stiftung at its choice and at the expense of the user with the right to use the content or ensure that the content is free of protective rights. If through the use of the services on the BWS-World website the user infringes the rights of a third-party, the user will immediately stop the impermissible and/or illegal use at the request of BW Stiftung.
• No content or information of the user is recorded using automated mechanisms, e.g. through the use of bots or spiders;
• Upload virus or other malicious code to BWS-World;
• Not to tyrannise, intimidate or victimise any other user;
10.3 The user recognises the right of the administrator to move or delete contributions. Where there is doubt, the administrator shall have discretion in deciding whether a post corresponds to the code of conduct.
11. DATA PROTECTION
11.1 BW Stiftung is aware that it is particularly important to use all personal data that the users provide to BW Stiftung on BWS-World in a very sensitive manner. BW Stiftung therefore complies with all of the key statutory data protection laws, i.e. German data protection laws and European data protection directives. BW Stiftung will not pass on users' personal data in particular without authorisation to third-parties or otherwise make third-parties aware of it without authorisation.
11.2 Only the users themselves or suppliers working on their behalf and the relevant programme partners or service providers of the grant programmes can properly modify the user data. In addition, it is not permitted for third-parties to overwrite the users' data.
11.3 The details on processing users' data are regulated in the data protection regulations of BWS-World; these are accessible from any page on BWS-World.
12. FINAL PROVISIONS
12.1 The supplier explicitly reserves the right to modify or supplement the usage conditions from time to time due to
12.1.1 technical developments or
12.1.2 changes to the processes of awarding grants
12.2 BW Stiftung will send the user the modified usage conditions by email at the latest four (4) weeks before they come into force. If the user does not contradict the application of the new usage conditions within two (2) weeks of receiving the email, the modified usage conditions are considered to have been accepted by the user. BW Stiftung explicitly emphasises to the user in the notification email that contains the modified usage conditions the four-week contradiction period and the consequences of not making an objection. In addition, BW Stiftung will publish the modified usage conditions on the BWS-World website.
12.3 If nothing further has been agreed the user may submit all declarations to BW Stiftung by email with the contact form available on any page of BWS-World or send them by fax or letter to BW Stiftung. The supplier may provide declarations to the user by email or send them by fax or letter to the addresses that the user stated as the current contact data in his user account.
12.4 The user may ask general questions on the portal via the contact form available on BWS-World. Please address technical questions to firstname.lastname@example.org.
12.5 If any provisions of these T&Cs are or become invalid, the validity of the rest of the provisions remains unaffected.
12.6 The place of performance is Stuttgart.
12.7 German law applies with the exclusion of international private law and UN purchasing law adopted into German law.
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Data protection information from the online portal BWS-World of the Baden-Württemberg Stiftung gGmbH
Dated: 31 May 2017
Baden-Württemberg Stiftung gGmbH ("BW Stiftung") respects your private sphere and protects the personal data that you make available to BW Stiftung when using the services on the BWS-World website.
The following data protection declaration informs you about the principles using which BW Stiftung handles your personal and general data; it also explains how your data is collected, processed and used.
Collection, processing and use of data
This data protection declaration relates to the collection of both personal and general data. Personal data is individual pieces of information about personal or factual relationships concerning a particular natural person or one that can be determined. General data is other data, e.g. on usage behaviour not related to a particular person or one that can be determined.
BW Stiftung uses personal data to better understand the needs of BWS-World users and to thus provide an ideal service. Personal data is only used in the specific context of using BWS-World under the framework of the statutory provisions or as a result of your prior, explicit consent.
Registration on and use of BWS-World requires that the relevant user provides personal data such as their name, address, telephone number, email address, education or employment. The data you enter is only used to provide you with the BW Stiftung's services offered at BWS-World.
General data collected when using the website at https://www.bws-world.de includes the browser type, language and operating system. This data is required by BW Stiftung to assess the operation and performance of BWS-World and to thus improve the user-friendliness of the website.
Each time the BWS-World website is accessed and a file is called up, access data on this process is saved in a log file. The relevant log file contains: the page from which the file was requested, the file name, the date and time of the request, the data volumes transferred, access status (file transferred, file not found etc.), a description of the type of operating system and web browser used. The saved data cannot be connected to your identity and is used exclusively for statistical purposes. It is not transferred to third-parties either for commercial or non-commercial purposes.
BW Stiftung uses your IP address to establish the transmission process and for navigation.
External service providers
BW Stiftung uses an external service provider to technically operate and provide BWS-World. All information is stored in a secure operating environment. This area is not open to the public. This service provider is the company IntraWorlds GmbH, Erika-Mann-Str. 7, 80636 Munich, https://www.intraworlds.de.
The service provider simply provides BWS-World in technical terms and, with regard to the front-end of BWS-World, is subject to the instructions of BW Stiftung.
The supplier has obliged the stipulated service provider to comply with the key data protection laws and to undertake appropriate technical precautions to secure your data as defined by Section 9 of the German Federal Data Protection Act. In this respect the supplier has made an agreement with the service provider that complies with the statutory requirements in Section 11 of the German Federal Data Protection Act.
BW Stiftung will not sell, rent or otherwise pass on your personal data, in particular your first and last name, email address, university or application data to third-parties except in the following cases:
• Data processing due to statutory provisions / protection from abuse / rights of third parties: BW Stiftung is entitled to process your personal data if this is required to comply with binding statutory obligations. In such cases BW Stiftung may transfer this data in particular to public and criminal authorities and courts. BW Stiftung remains authorised to process personal data if and to the extent it is necessary to reveal or prevent abuse of this website or to assert the claims of BW Stiftung, its employees or users.
• Programme partners, external service providers and other organisations involved in the application process: BW Stiftung is permitted to pass on your personal data too programme partners entrusted with assigning grants and managing the grant process, external service providers and other organisations involved in the application process.
• Your approval: With the exception of the cases stated above we will inform you and obtain your approval before passing on your information to third-parties.
Your personal data will not be transmitted to countries outside the EU.
No link is made between this and other data held in active interfaces, for example those held by associated universities. But it is possible to export the data, e.g. to the accounting department of the relevant university that is responsible for paying the grants.
Revision of the data protection declaration
BW Stiftung will from time to time check and revise this data protection declaration. We therefore recommend reading the provisions of this data protection declaration from time to time in order to ensure that you know how BW Stiftung collects, processes and uses data.
You can call up and print out these data protection regulations from any page in BWS-World with the "data protection" link. If you have questions or remarks on data protection or our data protection declaration, for example with regard to viewing and correcting your personal data, please use the contact form available on BWS-World.
[End of data protection information]
I. Explanatory notes
1. General information
We finally state that general data protection law applies to operating BWS-World. This covers, for example, under certain circumstances the appointment of a data protection officer as per Section 4f of the German Data Protection Act (BDSG), creating a process directory and creating the contracts with service providers required under data protection law, especially with data centre and IT service companies etc.
2. System data protection
BW Stiftung must ensure via technical and organisational precautions such matters as the following:
• the user can end their use of the service at any time,
• the relevant personal data can be deleted or blocked by ending access or other use directly after these have ended,
• the website user is protected such that third-parties do not become aware of the data and
• usage profiles cannot be merged with information on identifying the holder of a pseudonym.
3. Viral marketing
Viral marketing is generally understood to be a marketing instrument that exploits existing social networks and media to direct attention to brands, products or campaigns by ensuring that messages go viral (take on epidemic proportions). In this respect users of BWS-World can ask friends and family to join the portal via the "tell-a-friend" function.
Such services are permissible as a matter of principle according to the existing jurisprudence on viral marketing. The following issues should be observed with regard to viral marketing:
• The person providing the recommendation should as a matter of principle write the recommendation text themselves. They must at the very least be able to make changes.
• The content of the email should be restricted to the existence of the website. It should not contain any additional advertising.
• The recommendation email should also be designed such that the user is identified as the sender. This may take place on the one hand by setting an appropriate email address for the tell-a-friend function. On the other, the email sent should be customised with the first and last name of the recommending user.
• The recommendation email should also include notification that it is not BW Stiftung but rather the website user who is sending the email and has only used the tell-a-friend function in BWS-World.
• The data obtained via the tell-a-friend system should not be used in any other way. It should ideally be deleted after sending the email. It is therefore technically feasible to implement the tell-a-friend function without a connection to the database and to therefore ensure that the relevant email address is not saved. This would be possible for example via the appropriate mail() function in the various dynamic web programming languages (PHP, ASP etc.). In order to further ensure that the relevant email address is only stored temporarily a separate email address has been established for this service (e. g. Freundesempfehlung@BWS-World.de).
• The recipient of the email should have the option to block his email address for future tell-a-friend messages by clicking on a link in the email.
The current design of the tell-a-friend function in BWS-World fundamentally satisfies the criteria stated above and in our opinion therefore complies with the data protection regulations. In addition to the fact that the relevant email appears at first glance to come from a friend or acquaintance , the email should include the fact that not BW Stiftung but rather the member of BWS-World issued the email and used the tell-a-friend function. Collecting, processing or using data collected via viral marketing, in particular saving the recipient's email address for the purposes of sending advertising is not permitted under data protection law without the approval of the recipient.
If there is doubt the data stored in the cookies should be treated as personal data and an appropriate notification should be provided that such a notification has also been included in the data protection information. If cookies are used for additional purposes (e.g. to record a member's usage behaviour over a longer period of time), the user must consent to this use. The user must also be informed about the purpose and content of the cookies and how cookies can be rejected. The legal framework will become tighter in Germany shortly with the implementation of Directive 2009/136/EU (so-called "cookie directive"). Therefore current developments should be observed.
5. Legal consequences for infringements
Infringements of the data protection regulations may be punished with sanctions from the data protection supervisory authority in the form of fines up to €300,000 or - in particularly serious cases - imprisonment. In practice we observe that infringements against regulations that protect consumers are increasingly receiving warnings from consumer protection organisations and/or are then taken up in court.
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