Welcome to the registration for BWS-World

Usage terms for the online social network of Baden-Württemberg Stiftung gGmbH

Dated: 28 May 2018

1. PREAMBLE

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, Kriegsbergstraße 42, 70174 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, birth date, 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 Stiftung 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. REGISTRATION

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 Registration is always undertaken by the users themselves. With the registration the user will be automatically provided with 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.

4.3 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.

4.4 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.

4.5 Each user may only register and create a user profile once.

4.6 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

5.1.3.1 use offensive or libellous content no matter whether this content relates to other users, BW Stiftung employees or other people or companies,

5.1.3.2 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.

5.1.3.3 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),

5.1.3.4 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

5.1.3.5 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:

5.1.4.1 Sending chain letters,

5.1.4.2 Carrying out, advertising and promoting structured sales measures (such as multi-level marketing or multi-level network marketing) or

5.1.4.3 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. INDEMNITY

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, especially to the EU General Data Protection Regulation (EU-GDPR). 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 support@bw-stipendium.de.

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. 

* * *

Data Protection Notice According to Article 13 of the General Data Protection Regulation (GDPR)

As of: 12 April 2021

This data protection notice informs you about the principles that Baden-Württemberg Stiftung follows when handling your personal data in the context of the Baden-Württemberg STIPENDIUM as well as about your rights.

Responsible Body

The body responsible for collecting, processing and using your personal data within the meaning of the GDPR is:

Baden-Württemberg Stiftung gGmbH

Kriegsbergstraße 42

70174 Stuttgart

Germany

Phone: +49 711 248 476-0

info@bwstiftung.de

Managing director: Christoph Dahl

The data protection officer of the Baden-Württemberg Stiftung gGmbH, Frank Grossmann, can be contacted at grossmann@bwstiftung.de.

Data Processing for the Performance of a Contract

For the correct processing of your scholarship application it is required that we process the personal data, in connection with the study and performance data, that you have provided us with.  If your scholarship application is accepted, data processing is required for the processing of the resulting funding measure / contractual relationship in the programme “Baden-Württemberg STIPENDIUM” and insofar as we are legally obliged to collect these data, e.g. to comply with the data retention requirements of the tax authority. The legal basis for the data processing is Articles 6(1)(b) and 6(1)(c) of the GDPR.

Data processing is performed upon your request and is required, for the purposes listed below, for the proper processing of your application and for the mutual performance of the obligations arising from the contract.

We process your contact data in order to invite you to events since you have contractually agreed to participate in these events upon accepting the scolarship.

We process your bank data in order to effect the scholarship payments to you.

Furthermore, as contractually agreed upon, we process your personal data, including your electronic identification data and your user profile in the network portal “BWS-World”, for the operational implementation of the Baden-Württemberg STIPENDIUM and for building the international network intended by this programme.

Data Processing on the Basis of a Legitimate Interest of the Baden-Württemberg Stiftung gGmbH, in Particular Photo/Video/Audio Recordings

We frequently need photographic material in order to report on the Baden-Württemberg STIPENDIUM.

For this purpose, we record the activities during our programmes, events and projects by taking pictures and videos, which we then publish to document the respective occasion. The legal basis for that is Article 6(1)(f) of the GDPR. By doing so, the Baden-Württemberg Stiftung gGmbH pursues its legitimate interest to notify the public of its charitable funding programmes and its relevance to society.

The Baden-Württemberg Stiftung has a legitimate interest in regularly evaluating the quality of the Baden-Württemberg-STIPENDIUM in order to further develop the programme based on the results. The personal reports of the (former) scholarship holders are kept for the purpose of quality management. The legal basis for this is Article 6(1)(f) of the GDPR.

Data Processing Based on Your Consent

Insofar as special categories of data according to Article 9 of the GDPR are processed, this processing is based on your consent (Article 9(1) and Article 9(2)(a)).

This may, for example, be the case when we collect personal data on specific nutritional needs or access conditions for the organisation of events since these types of information are classified as particularly sensitive data. However, also the statements you have made in your letter of motivation or in your curriculum vitae may fall into this special category of data according to Article 9(1) of the GDPR so that we need your explicit consent for the processing of such information.

Insofar as we keep processing your data – after your scholarship has ended – as an alumnus/alumna in the BWS-World network, this is also based on your consent. The legal basis for the data processing is Article 6(1)(a) of the GDPR.

Furthermore, you can support our work by giving us consent according to Article 6(1)(a) of the GDPR to use the photos and/or videos that have been taken of you. By “use” we mean the archiving, reproduction, distribution, exhibition and public display of the respective recordings, both in digital and analogous form.

Cookies

BW Stiftung uses cookies to improve the user-friendliness of the website. A cookie is a small file that is transmitted to your hard disk and enables BW Stiftung to recognise you again when you next visit the portal. BW Stiftung uses cookies to save data on the use of the pages you have called up. This storage and use is only carried out anonymously. You are permitted to contradict the collection of your usage data via cookies at any time. You can block the use of cookies at any time by configuring the settings in your browser. This may mean however that some website functions can no longer be used. Please refer to the instruction manual for your browser for how to block cookies.

Use of Social Plug-Ins

On our website, we use plug-ins for the following social networks:

Facebook (Facebook Inc., 1601 Willow Road, Menlo Park, California, 94025, USA)

Twitter (Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA)

Google + (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA)

You can recognize these plug-ins by the respective logos.

The plug-ins forward your IP address to the servers of the respective provider. The respective social network is thereby informed that our website has been visited with your IP address. If you are logged in to your account of the respective network with the browser you use for accessing our website, the name of the account is also forwarded to the social network. In this case, the social network can associate the visit of our website with your user account. We are not noticed about the data collected this way and how these data are used.

The plug-ins mentioned above are deactivated on our website by default via the so-called “Shariff” procedure. The aforementioned data are only forwarded in the manner described above when the user clicks on the link to share content. Until then, the user remains invisible for the operator of the respective social media platform.

You can find more information on the use of the data collected by these plug-ins on the websites of the respective providers:

Facebook:      https://www.facebook.com/about/privacy

Twitter:           https://twitter.com/privacy

Google:          https://policies.google.com/privacy

IP Addresses

BW Stiftung uses your IP address to establish the transmission process and for navigation.

JavaScript

BW Stiftung uses JavaScript programs to detect your browser type. These programs process information on the size of the window and monitor, browser language, colour settings and the installed programs if this is necessary for using the website.

Disclosure of Data to Third Parties

In the context of the Baden-Württemberg STIPENDIUM, your personal data are transmitted to the following third parties:

PeoplePath GmbH

Managing directors: Benjamin Elixmann, Stephan Herrlich, Tony Audino

Erika-Mann-Str. 7

80636 München

Germany

www.peoplepath.com

Baden-Württemberg International

Gesellschaft für internationale wirtschaftliche und wissenschaftliche Zusammenarbeit mbH

represented by CEO Dr. Christian Herzog

Willi-Bleicher-Str. 19

70174 Stuttgart

Germany

www.bw-i.de

These organisations are commissioned by us to process your data and to provide services for the implementation of the programme. We have made contracts with our data processors. This means that we have explicitly instructed the processors on how they are allowed to process your personal data. Furthermore, the processors have implemented appropriate technical and organisational measures to guarantee the secure processing of your data, and they they will store your personal data only for as long as instructed by us.

Data are also exchanged with the administrations of the universities that participate in the programme since we cooperate with the universities on the implementation of the programme.

Data Protection Rights

You are entitled at all times to demand information about any personal data we have stored about you (Article 15 GDPR), demand the rectification of your personal data (Article 16 GDPR), demand the erasure of your personal data (Article 17 GDPR), demand the restriction of the processing of your personal data (Article 18 GDPR) and to assert your right to data portability (Article 20 GDPR).

You also have the right to alter or completely withdraw your consent to data processing with future effect at any time and without giving reasons (Article 21 GDPR). Please note that data processing that has been performed prior to the withdrawal of consent is not covered by this right.

If your data are processed on the basis of a legitimate interest according to Article 6(1)(f) of the GDPR, you have the right according to Article 21 of the GDPR to object to the processing of your personal data on grounds relating to your particular situation.

Furthermore, you have the right according to Article 77 of the GDPR to lodge a complaint with a supervisory authority.

Consent to the Processing of Personal Data

I herewith give my explicit consent to  

the processing of personal data falling into special categories according to Article 9(2)(a) of the GDPR

the processing of my data as an alumnus/alumna in the BWS-World network

the use of recordings for non-commercial promotional purposes of the Baden-Württemberg-Stiftung according to Article 6(1)(a) of the GDPR.

I have read the data protection notice as well as the data protection rights listed above. I am also aware that my consent is voluntary and that I have the right to withdraw this consent at any time with future effect.

Withholding or withdrawing my consent does not result in any disadvantages to me.