Terms and Conditions of Use of eKool

General Provisions
1. These terms and conditions for the use of the eKool (hereinafter: the eKool terms of use) apply to the legal relationships that arise between the natural persons registered as users of the study information system of the eKool located at the web site https://www.ekool.eu (the study information system is hereinafter referred to as the eKool and natural person registered as users of the system as the user) and eKool AS (registry code: 11160451, address: Telliskivi 60/1, 10412 Tallinn; hereinafter: the service provider). The service provided to the user by the service provider includes the use of the eKool, data processing required for this and additional services according to the requests submitted by the user (hereinafter: the service).
2. Upon the provision of the service, the service provider processes the personal data of the user, i.e. any information entered on them in the eKool, as follows:
  1. to provide the service for the purposes and on the legal grounds determined by the service provider, the service provider processes the personal data of the user as the controller;
  2. on behalf and with the authorisation of the educational institution who has designated the rights of the user for the use of the eKool (the rights of the user are hereinafter referred to as the role and the educational institution as the school), the service provider processes the personal data of the user as the processor for the purposes and on the legal grounds determined by the school as a controller.
3. Upon the subscription as the user of the eKool:
  1. the user confirms that they have examined and understood the eKool terms of use and shall comply therewith, and that the user and the service provider shall hereby enter into a contract for the use of the service on the eKool terms of use;
  2. the user (incl. a parent with rights of custody) who is a legal representative of another user with restricted active legal capacity (incl. an underage pupil) approves the subscription of the respective user with restricted active legal capacity as the user of the eKool and thereby the conclusion of the contract for the use of the service on the eKool terms of use by that user, or provides their consent to the future subscription and conclusion of the contract. If the user does not want to provide the aforementioned approval or consent, they must notify the service provider thereof before subscribing to the eKool. The respective notification must be at least in a format which can be reproduced in writing;
  3. the user confirms that they have examined the principles relating to processing of personal data established by the service provider and understood the content thereof. The user also confirms that they have understood how and for which purposes their personal data are processed by the service provider and the school and are aware of their rights with regard thereto.
Terms and Conditions of Providing Service
1. The service provider enables the eKool to be used by the users for its assigned purposes, in particular to enter and/or access information on studies; communicate with a pupil, a teacher, a legal representative of or other person related to a pupil; submit declarations of intent; disclose and access study resources; access analytics and summaries related to studies; and perform other operations related to school and studies according to the functionalities of the eKool. The service provider shall have the right to unilaterally amend and supplement the content of the service, incl. the right to amend or add functionalities to the eKool, provided that the function of the journal is preserved in the service.
2. The service provider provides the service in accordance with the following standards:
  1. the service is provided 24 hours a day, seven days a week, except during the time notified by the service provider in advance (hereinafter: the planned maintenance). The availability of the eKool shall be ensured to the extent of at least 97 percent of the time referenced in the previous sentence, excluding the time of the planned maintenance referenced in section 2.2.2, and the allowed outage in total is 3 per cent. The service provider shall not be held liable for the functioning of the data communication between the provider of the data communication service and the user;
  2. the maintenance related to the provision of the service is generally performed between midnight and 6 a.m. or at any other time that does not interfere with the use of the eKool. The service provider shall notify the users of any planned maintenance interfering with the use of the eKool at least 24 hours in advance, displaying the respective information, incl. the time the maintenance will be started and presumably completed, in the eKool data flow;
  3. a critical error interfering with the daily use of the eKool shall be repaired within four working days at the latest. The errors that are not critical are repaired by the service provider in the course of the planned maintenance;
  4. the service provider shall use all reasonable efforts to achieve available, secure and technically flawless service content;
  5. reasonable technical (incl. computerised) and organisational measures corresponding to the essence of and the risks involved in the processing are applied to the processing of the personal data of the users. The applicable measures must preclude illicit and/or unlawful processing of personal data, incl. unauthorised access, destruction and alteration, and ensure that the personal data are processed only for the purposes of and to the extent necessary to achieve the lawful aims of the service provider and the schools.
3. Regardless of the above, the service provider shall not be held liable for the damage incurred by the user as a result of an infringement of the obligations set forth in section 2.2, unless the liability arises from the imperative provisions of the applicable legal regulations.
4. The service can be used by the users free of charge, except for the additional services set out in the price list. The service provider shall have the right to display advertisements and marketing communications to the user in the eKool, except when the user has activated the respective additional service set out in the price list. To avoid the display of inappropriate advertisements and marketing communication and useless and distracting marketing content, the service provider shall consider the affiliation of the user with users of the same or similar roles, sex, age, class or school district as well as with users related to the same school upon displaying the advertisements and marketing communications.
5. The user is aware of and accepts the fact that electronic information exchange carries the risks of disclosing the user data to third parties, falsification of the transmittable data, using the data in one's own interests, etc. despite the implemented measures. In any event, the service provider shall not guarantee the user data security and shall not be held liable if the data are not protected due to the insecurity of the equipment used by the user or if the personal data of the user related to the service have become available to a third party irrespective of the service provider and the use of the service.
Terms of Using eKool
1. The user shall have the right to use only the functionalities of the eKool corresponding to the role(s) designated to them by the school or, if applicable, the eKool. If the user has been designated an incorrect role by the school, the user shall immediately notify the school thereof and refrain from using the eKool until they have been designated a correct role. The user shall compensate for any and all damage caused to the service provider by the operations performed in an incorrect role.
2. The user shall keep the data and tools necessary to log in to the eKool under their name, incl. ID card, respective passwords, user names and tools of authentication, from falling into the possession of any third parties. For security reasons, it is advisable to log in to the eKool in a strongly authenticated way (by using an ID card, a mobile ID or other secure channel). If a third person logs in the eKool on behalf of the user, all of the provisions of the eKool terms of use shall apply.
3. The user shall immediately notify the service provider if the data and tools that enable the eKool to be logged in or used on behalf of the user are transmitted to a third party or if such data and tools come into the possession of any third parties, and of the risk of illicit use of the eKool that could result therefrom.
4. The user undertakes to submit only accurate data and information upon the subscription as the user of the eKool and revise their data upon an alteration therein on each occasion at the earliest opportunity by using the respective functionality of the eKool.
5. If there are errors in the software required to provide the service, the user shall notify the service provider thereof via e-mail at help@kool.eu. If there are errors, inaccuracies or deficiencies in the data or information contained in the eKool, the user shall immediately notify the service provider thereof. If the respective data and information are entered in the eKool by the school or related thereto, the user shall also inform the school.
6. The user shall be prohibited from using the eKool for any unlawful transactions or operations as well as from performing other operations not complying with the purposeful use of the eKool or disturbing or impeding the purposeful use of the eKool by the service provider, the schools or other users, incl. overloading the eKool system.
7. The service provider shall have a unilateral right to suspend or terminate the right of the user to use the eKool or the provision of the service to the user either temporarily or permanently without a prior notice thereof if the user performs or attempts to perform any of the following operations:
  1. infringes the eKool terms of use or other obligations of the user;
  2. corrupts the data in or the system of the eKool;
  3. uses the eKool in a manner that disturbs or impedes the purposeful use of the eKool by the service provider, the schools or other users;
  4. infringes the legislation in force applicable to the use of the eKool;
  5. breaches the principles of good practice of online communication, e.g. forwards spam or virus or behaves in bad faith, inappropriately, unlawfully or in contradiction with the public morale upon the use of the eKool;
  6. discloses incorrect data or data or other information they are not entitled to disclose in the eKool;
  7. overloads the eKool system to an unusual extent;
  8. causes damage to the service provider, the school or other users in any other way.
  In addition to the above, the service provider shall have the right referenced in the previous sentence upon becoming aware that the data and tools that enable the eKool to be logged in or used on behalf of the user have fallen into the possession of a third party and that the eKool might be used by a person not entitled thereto, or if the service provider has a respective concern.
8. Neither the expiry of the right of the user to use the eKool nor the termination thereof by the user result in an automatic erasure of the personal data of the user contained in the eKool. The personal data contained in the eKool shall be stored according to the principles relating to processing of personal data established by the service provider.The service provider shall have the right to store the personal data of the user related to the use of the eKool in accordance with the legislation in force and agreements concluded with the schools.
9. The service provider shall have the right to render the user data anonymous (personal data shall be rendered anonymous in a manner that shall prevent the identification of a data subject). The service provider shall have the right to process the anonymised data at their own discretion, incl. for statistical or research purposes.
Liability
1. The service provider shall be held liable only for direct material damage caused to the user by a fundamental wrongful breach of the obligation of the service provider. Regardless of the above, the service provider shall not be held liable for:
  1. a disclosure of any incorrect or misleading information contained in the eKool or a single or continuous infringement committed via the eKool or the consequences thereof, provided that the service provider was not aware of the above and had taken measures to correct the information, terminate the infringement or eliminate the consequences or if the school is responsible for the above;
  2. the correctness and completeness of the data processed under the responsibility of the school if the data are transmitted or disclosed in the eKool in the same form as they were entered or otherwise made accessible therein;
  3. the information, opinions or other content published on a web site belonging to a third party but directly or indirectly referenced in the eKool or the links disclosed therein;
  4. an infringement of an obligation set forth in the eKool terms of use, any other agreement concluded with the service provider or applicable legislation by another user or a third party;
  5. the damage caused to the user or any third party in relation to the use of legal remedies by the service provider (e.g. removal of data from the eKool or disabling access thereto, restricting the rights of the user or disabling their access to the eKool) if the remedies were used due to a complaint filed on an infringement, suspected infringement or a suspected illicit use of the eKool by the user or due to the information or the behaviour of the user conflicting with the eKool terms of use or legislation. In such a case, the service provider shall not be held liable for the incurred damage even if the complaint or suspicion was unfounded or if an infringement will not be proved;
  6. the resolution of disputes arisen between the users and between the user and the school in relation to the use of the eKool. However, the service provider reserves the right to intervene in such disputes at their own discretion and apply, inter alia, section 3.7 upon an infringement of the eKool terms of use;
  7. the actions of other users having access to the user data upon processing the user data and for ensuring confidential treatment of the data by these users (i.e. the school and their staff shall be responsible for the entry and processing of the data as well as allocation of the rights to access and share of the user data related to the studies; personal data can be amended by pupils as well as parents; the posts of the user in the eKool can be accessed by other users in accordance with their designated roles).
2. If the user causes the service provider any damage by infringing any of their obligations, the user must compensate for the respective damage in full on first demand.
Intellectual Property
1. All of the intellectual property rights to the eKool, incl. the structure, elements of the web design, texts and other components thereof and the intellectual property rights related thereto (incl. the intellectual property rights to trade marks, logos, brands, software, databases, news, messages, texts, graphic, musical and other design) are vested in the service provider, except when a third person is referenced as the holder of these rights by a respective component or if the information was entered by the users or the school. The eKool and any of the content or components thereof may be processed and the limits of the purposeful use of the eKool exceeded by the user only with the prior written consent of the service provider.
2. Only the material to which the user holds the intellectual property rights to the extent necessary to disclose it in the eKool and give the consent referenced in section 5.3 may be published in the eKool by the user. The user shall be fully responsible for the materials they have published in the eKool and they undertake to reimburse the service provider for any and all costs and damage (incl. indirect damage) incurred in relation to the use of the material which was published in the eKool illicitly or otherwise in breach of the intellectual property rights.
3. Upon the disclosure of any materials in the eKool, the user gives the service provider their consent to store, distribute, publish or otherwise process the respective material and to amend the material to an extent necessary for the purposeful use of the eKool free of charge.
Amendments to and Application of eKool Terms of Use
1. The service provider shall have the right to unilaterally amend and supplement the eKool terms of use as well as to establish additional terms. The service provider shall notify the user of the amendments to the eKool terms of use via the eKool at least one month before the amendments enter into force. If the user does not accept the amendments to the eKool terms of use, the user is obliged to stop the use of the eKool.
2. The eKool terms of use shall be applied to both existing and new users and the processing of their data as of the publication of the terms in the eKool.
3. The eKool terms of use replace the Customer Data Processing Principles and the Agreement for Services.