Contents
General Terms and Conditions of Use
Preamble
These General Terms and Conditions of Use are meant to define the terms, conditions, requirements and procedures under which France Université Numérique (hereinafter “FUN”) provides web content management and hosting services on its www.fun-mooc.fr internet website (hereinafter the “Site“). As used herein, and particularly in the “Privacy Policy” and “User’s Charter” set out below, “we” and “our” refer to FUN and the FUN website, and “you” refers to the Site user.
By accessing this website, you agree to fully abide by these General Terms and Conditions of Use. Any user wishing to access the Site must have first read and understood these General Terms and Conditions of Use, including the User’s Charter, the Privacy Policy and legal notices and disclaimers, all of which the user agrees to observe without reservation.
Object and Purpose
FUN provides an online platform which hosts MOOCs (Massive Open Online Courses) created by higher education institutions, research organizations and FUN partners based in France and throughout the world. By registering for an online course offered on the Site, you join a worldwide community of learners. FUN endeavors to provide you access to top-quality online courses and learning materials offered by higher education establishments and FUN partners, wherever you are located.
Furthermore, by registering on the Site, you agree, unconditionally and without reservation, to observe and abide by the General Terms and Conditions of Use, the User’s Charter and the Privacy Policy. Accessing and/or using theSite constitutes your acknowledgment to comply with these General Terms and Conditions of Use, User’s Charter, and the Privacy Policy, without limitation or qualification.
If you do not understand these terms and conditions, or do not agree to be bound to them, you are advised to not use the FUN www.fun-mooc.fr. online website.
Accordingly, FUN reserves the right to deny access or to exclude without prior notice any user who does not observe the General Terms and Conditions of Use, the User’s Charter or the Privacy Policy, in which case FUN shall accept no responsibility or liability for any loss, damage, action or claim arising out of or otherwise in connection with such denial of access or exclusion; and FUN also reserves the right to delete any comment or contribution which is deemed to constitute a violation of French law or is the subject of a third party claim.
FUN reserves the right to alter or modify the General Terms and Conditions of Use, the User’s Charter, the Privacy Policy, and the legal notices and disclaimers without prior notice, all while remaining in compliance with the provisions of Law n° 78-17 of 6 January 1978 on French Data Protection and Freedom of Information. Any such alteration or modification shall be immediately effective upon displaying or posting it on the present web page. Notice regarding the updating/modification date shall also be posted on the website. Accordingly, you are advised to regularly check for the latest, updated versions of the aforementioned provisions. Permission to use the Site is contingent on an express agreement between the user and FUN.
User’s Rules of Conduct
As a user of the Site, you are liable for any information that you publish on the Site, as well as for the manner in which you use the Site. Publications include all content contributed, posted or displayed by you or by other users on the Site. Such user-related content is understood to mean any texts, photographs, videos, or discussions that are transmitted, communicated, or otherwise presented on interactive spaces (forums, wikis, social networks), and work submitted as part of course assignments (including peer assessment assignments). In that regard, FUN hereby informs you that, as a general practice, FUN does not guarantee the accuracy, completeness, thoroughness or authenticity of the comments displayed on the Site by other users.
You acknowledge and agree that you will use the Site while acting in compliance with these Terms and Conditions of Use, User’s Charter and Privacy Policy.
FUN expressly prohibits you from using the Site or its contents to engage in any cyber-criminal act, including but not limited to breaches of privacy, integrity and availability with respect to Site access, Site content, Site data and Site computer systems.
Accordingly, you agree to abide by prevailing rules of conduct for computer and network use, notably by refraining from intentionally engaging in any activities that constitute or may give rise to:
- Identity theft;
- Stealing passwords from other users;
- Modifying, altering or destroying data that does not belong to you;
- Monitoring or inspecting data belonging to other users, without their authorization;
- Connecting to or attempting to connect to an account without proper authorization;
- Letting someone use your user name and/or your password;
- Diverting one of the Site’s functions or features, causing it to deviate from normal use;
- Damaging, disabling, overcharging, impairing or disrupting the server or the network.
This list is subject to expansion in conformance with prevailing laws, rules and regulations.
You further agree to abstain from attempting, by any means whatsoever, unauthorized access to the Site and unauthorized collecting of any data that is stored on the Site, its servers or on associated computers, through any means not intentionally made available to you through the Site.
In addition, you agree to observe all applicable laws, rules and regulations in force prohibiting you from making any comments or depictions that are:
- racist, xenophobic, anti-Semitic, LGBTphobic, sexist, negationistic, revisionist, pornographic, pedophilic, child pornographic in nature, or otherwise defamatory, sexually orientated or obscene;
- abusive, vulgar, defamatory, or which infringe upon a person’s right to privacy, and, more generally, violate anyone’s personality rights;
- of such a nature as to undermine someone’s human dignity;
- of such a nature as to incite violence, suicide, terrorism, or the use, manufacture or distribution of unlawful substances;
- likely to incite crimes or offenses, and particularly crimes against humanity;
- deemed to infringe third-party intellectual property rights (notably copyrights pertaining to texts and photographs) or image rights (relating to the publication of a person’s image without their consent) whenever you have not received permission from authors and/or rights holders;
- deemed to entail the publication of deliberately fraudulent, false, or misleading content;
- deemed to entail the publication of content promoting for-profit services.
This list is subject to expansion in conformance with prevailing laws, rules and regulations.
The Site contains information provided by users or via hypertext links to other websites that are not edited or monitored by FUN but have been supplied or offered by third parties. The existence of a link on the Site toward an external website should not be construed as a validation or endorsement of the external website or its content by FUN. It is solely your responsibility to verify and use any such information with discernment and a critical mind. The reasonableness, timeliness, accuracy or completeness of such information has not been verified by FUN. Accordingly, FUN expressly declines any liability in that regard.
You agree, furthermore, to:
- Respect the intellectual property rights pertaining to content featured on the Site, as well as any and all third-party intellectual property rights, in accordance with the terms of use specific to each course offered on the Site;
- Respect the private life of other users and, more generally, abstain from interfering in their rights;
- Preserve the confidentiality and security of private data regarding users of the Site;
- Not collect by any means user-related data, including e-mail addresses, without the concerned users’ consent.
- Not engage in any form of cheating aimed at artificially enhancing your assessments or results;
- Not attempt to artificially enhance or lower the assessments or results of others;
- Abstain from divulging or publishing answers to exercises used to evaluate learners.
If a user breaches any of the aforementioned rules, FUN reserves the right to block the infringing user’s access to Site services, in whole or in part, temporarily or definitively, without liability and without need to give notice to the user.
FUN also reserves the right to remove, in whole or in part, contents, information and data of any kind, which the user has placed online on the Site.
Use of the User Account
To take full advantage of the activities offered by the Site, you must provide a full name, a user name, an e-mail address, and a password, for the purpose of creating a user account. Upon creation of your account, you may be required to provide additional, optional information.
It is your sole responsibility to keep your login IDs (usernames) and passwords secret and non-accessible to third parties. If that information is lost or stolen, or if you suspect that a third party has gained access to your profile, you must promptly inform FUN via the Site’s contact page https://www.fun-mooc.fr/contact/.
You agree to supply accurate information corresponding to your current situation and status. You also agree to maintain such information up-to-date.
You also agree not to create or use a false identity with the intention of misleading others.
FUN agrees to protect the confidentiality, privacy and security of your private data, in conformance with the Privacy Policy.
Rules of Use for Site Contents
The contents (texts, courses, photographs, videos, etc.) featured on the Site are for strictly personal use only.
Unless the terms of use applicable to online courses stipulate otherwise, you are prohibited from reproducing and/or using the brands, logos and distinctive signs presented on the Site, as well as being further prohibited from modifying, assembling, decompiling, assigning, sub-licensing, transferring, copying, translating, duplicating, selling, publishing, exploiting and distributing or issuing, in whole or in part, in any other format, the information, texts, photos, images, videos and data featured on this Site. Failure to comply with these mandatory conditions renders you and all other offenders liable to the civil and criminal penalties or sanctions imposed by French law.
Rules of Use for Content Featured in Online Courses Hosted by FUN
You agree to abide by the terms of use specific to each online course hosted on the Site. Such terms of use are delineated specifically for each course and are detailed on the presentation page for each course.
Such terms of use are fully set out at the time of your registration for an online course hosted on the Site. If no such details are provided upon your registration for an online course, you may access or use the contents for strictly personal purposes only, and must obtain the permission of use from the relevant authors and explicitly mention them by name.
Rules of Use for Content posted by you as part of your registered online courses hosted by FUN
Before posting/publishing any content, you must ensure that you have requisite rights and permission, including all copyrights or other intellectual property rights, pertaining to your contribution and/or comment, particularly regarding their reproduction and dissemination on the Site. Moreover, you agree to use your utmost diligence to observe third-party rights (copyrights, trademark rights, or personality and image rights).
Whenever you post content for your online course, you agree to allow such contents to be reproduced and disseminated potentially worldwide, though solely for the purposes of the online courses, unless the terms of use for the courses in question stipulate otherwise.
Use of brands and logos
The brands and associated logos appearing on the Site are protected by trademark. Consequently, they are the exclusive property of the issuing organizations and institutions. As such, none of these distinctive signs or variations thereof may be used, except with the prior consent of the pertinent organizations and institutions.
Responsibilities
User Responsibilities
All hardware and software necessary to access and use the Site are at your own cost, expense and responsibility. Consequently, you are responsible for ensuring the proper, continued operation of your hardware and Internet access. To that end, you must take all corrective and/or preventive measures as may be necessary to protect all data, software and/or computer systems against potential contamination or spread of computer viruses.
You are solely responsible for the use of content made available through the Site. Any actions or decisions that you take based on such information are entirely your responsibility. You assume full liability or responsibility for accessing contents posted on the Site and FUN shall bear no liability for any loss or damage to data resulting from downloading or using content posted on the Site.
You agree to be held solely and fully responsible and liable to FUN and, if the situation warrants, to any concerned third parties, for any direct or indirect damage of any kind arising from or in connection with content transmitted or posted on the Site or via the Site, as well as for any breach of these General Terms and Conditions of Use, User’s Charter and Privacy Policy.
FUN’s Responsibilities
Under normal circumstances, the Site is accessible 24 hours a day every day of the week, except during service interruptions due to scheduled maintenance or unscheduled emergency maintenance or due to the occurrence of a force majeure event. Insofar as it is bound to perform its services on the basis of a best efforts obligation, FUN assumes no liability for any loss or damage of any kind resulting from the unavailability of the Site.
FUN shall use all reasonable means available to provide quality access to its users, without being bound by any obligation to achieve such result.
Moreover, FUN assumes no liability for any failure or dysfunction affecting the network or the servers or any other event deemed to be beyond FUN’s reasonable control, preventing or impairing user access.
FUN reserves the right to temporarily interrupt, suspend or modify access to all or part of its Site, without prior notice, for maintenance purposes or for any other reason, without liability or compensation to you.
Except in the instance where FUN had been duly informed of the existence of illegal content, as defined under applicable law, yet failed to act promptly to remove it, FUN cannot be held liable for posting such contents.
FUN bears no responsibility for contents provided by organizations and institutions for inclusion in online courses hosted by the Site.
Also, under no circumstances may FUN be held liable for relationships existing between users and online courses hosted by FUN.
Jurisdiction and Governing Law
These General Terms and Conditions of Use, User’s Charter, and Privacy Policy shall be governed by and interpreted according to French law. The provisions of each have been written in both English and French languages. Both versions shall be equally valid and effective but, in the event of inconsistency between the two versions, the French version shall prevail.
As a user of the Site, you agree that any dispute and/or claim arising out of the interpretation or performance of these General Terms and Conditions of Use, User’s Charter, and/or Privacy Policy, pertaining to the operation of this Site, shall be submitted exclusively to the French court with jurisdiction over the registered office of FUN, including in the event of summary judgments, the introduction of third parties or multiple defendants.
General conditions to get a badge on the FUN MOOC platform
For some courses and at the request of the course’s educational team, FUN delivers open badges. An open badge is issued to recognise competencies, skills, achievements, participation or contribution of the learners.
Technically, a badge is a digital picture (available in PDF, Web format, or added to an Open Badge Passport) which contains metadata that informs who has issued the badge (institution and platform) to whom (beneficiary) and on what basis.
The badge contains the following information:
- Name and surname of the person receiving the badge
- Name of the institution issuing the badge
- Criteria for awarding the badge
- Proof of attribution of the badge
- Educational objectives of the course
- Any other information relevant to the couse team
On each course, the pedagogical team sets the criteria for obtaining a badge. Depending on the type of badge, you may either get it automatically or ask for it by filling a specific form. The procedure is specified by the course team. In any case, the badges issued on the FUN MOOC platform are endorsed and recognized by FUN and the institution that has created the course. In order to get an open badge for a course, you acknowledge that you have been informed that:
- FUN uses the services of the Open Badge Factory platform managed by Open Badge Factory Oy, a company based in Finland;
- You agree that FUN transfers to Open Badge Factory, for the sole purpose of creating and delivering your badge, the following personal information :
- Name and first name
- Email address.
- The data collected by Open Badge Factory will be stored on servers based within the EU / EEA. Open Badge Factory commits itself not to transfer personal data outside of EU/EEA and to implement appropriate technical and organizational measures to protect personal data.
Open Badge Factory will send you badges by email; a link will allow you to share them on social networks.
Terms and Conditions of examination for the fee-paying certificate
To earn a verified certificate, three types of examination may be available, at the discretion of the MOOC course staff: A - Face-to-face examination B- Turning in papers and deferred corrections C - Remote Examination proctored by ProctorExam These three types of exams are fee paying.
In case A: face-to-face examination
A face-to-face exam will be scheduled by the MOOC teaching team. In order to set up this exam, you agree with the transfer of the data listed below to the organizing institution: First Name, Last Name, FUN Username, Email Address. This data is transferred to set up the exam and will not be evaluated in any other way except for statistical purposes about the exam participation rate. The data will not be retained over 3 years and will be deleted at the end of this period.
In case B: - Handing in papers and deferred corrections
The MOOC teaching team will set you one or more assignment(s) that you will have to turn in. These assignments may have to be turned in online, outside of the Site. In order to set up this exam, you agree with the transfer of the following data to the organizing institution: First Name, Last Name, FUN Username, Email Address. This data is transferred to set up the exam and will not be evaluated in any other way except for statistical purposes about the exam participation rate. The data will not be kept over 3 years and will be deleted at the end of this period.
In Case C: Remote examination proctored by ProctorExam
By participating in the remote exam proctoring service, you acknowledge and agree that you have been informed of the following :
- proctoring is performed by ProctorExam, a company headquartered in Amsterdam (Netherlands) with which FUN has entered into a service contract;
- your personal data (identity and email address) shall be processed by ProctorExam;
- ProctorExam will ask you to install an extension to your Internet browser
- ProctorExam will authenticate your identity and verify that your computer is located in a secure testing environment;
- All data collected will be stored on ProctorExam‘s servers located in Germany. Pursuant to the terms of the service contract entered into with FUN, ProctorExam agrees to take all necessary measures to protect the data collected.
User’s Charter
By registering on the Site, you join a worldwide community of learners. FUN ‘s goal is to offer access to quality higher education learning, wherever you are in the world.
Recommendations to users
Unless your online instructor indicates otherwise, you are encouraged to:
- Complete all course related activities: watch all videos, do all exercises, homework and practical work assignments;
- Discuss general concepts and course materials for each course with the other learners while relying on the collaborative tools available;
- Share ideas and, potentially, documents that you have prepared, with other learners, and seek their comments;
- Make sure that the full name you give is the one you want to appear on official documents, open badges and certificates (*);
- Choose your user name carefully, bearing in mind that it cannot be subsequently modified, and—because it will be visible to the other participants—you are advised not to use your real name.
Users’ Undertakings
In addition to the rules of conduct set forth in the General Terms and Conditions of Use, and the Privacy Policy, you undertake to:
- Not engage in any form of cheating aimed at artificially enhancing your assessments or results;
- Not attempt to artificially enhance or lower the assessments or results of others;
- Not post answers to exercises included in students’ final evaluation;
- Observe the intellectual property rights granted under the user license attaching to each online course featured on the Site (see the terms of use detailed on the presentation/registration page for each course);
- Grant the teaching staff access to your data collected on the Site, as may be necessary for the purposes of the course(s) you have taken.
- Please note: once the official documents, open badges and/or certificates have been issued, it will no longer be possible to modify the full name appearing on the document.
Processing of personal data
The protection of your personal data (any information about you that you provide us when using the site, for example when you create a user account, such as your name, your contact information, ...) is a priority of FUN. We therefore take every precaution to ensure that no unauthorized third party has access.
In short:
We only use your data to operate the platform and have no strategy to reuse or sell your data: thus, we do not sell the data of our learners, and do not give any access to third parties other than our service providers (except to the authorities or institutions producing the MOOCs -which themselves do not have the right to reuse them without your agreement for other purposes-). Without activity on your part, we will delete your identifying data after 5 years.
Within the framework of our missions, among which the contribution to the experimentation and the study of the teaching practices, we can also give access to researchers to certain data of use of the platform: in this case, these are entirely pseudonymised.
In detail:
By accessing or registering on this site, you consent to and accept that the information collected about you may be processed under the following conditions:
- the controller for the processing of personal data is FUN (61 bis rue de la Glacière, 75013 PARIS), represented by its Director, Mr Ollivier Haemmerlé ;
- the data protection officer (DPO) of FUN-MOOC can be contacted at the same address or via the contact form ;
- in the case of an academic cohort, the joint controller for the data processing is the organization for which the course is instantiated, as long as it contributes to determining the purposes and means of the treatment. An arrangement was concluded between FUN and this organization, which specifies the responsibilities of each (FUN being responsible for the operation of the platform and the choice of service providers, the organization of the use of the services);
- the personal data collected is as follows:
- identifying data (at least username, full name, email address);
- usage data, which relate to your use of the site's services: raw data (IP address, operating system, activity on the site, etc.), corresponding to your use of the site's functionalities (eg learning modes of the learners, order of pages visited, control of the user interface, ...).
- data collection is carried out in order to:
- to allow access and registration to the courses broadcast on the site, and to send you information on the activity of the platform (updates on the online courses offered by www.fun-mooc.fr or other events, to communicate about products or services of the site or affiliates, to send you emails about the maintenance of the site);
- to allow courses to be followed, participation in educational activities and assessments, the issuance of certificates and / or certificates;
- to carry out research work, statistical studies, after pseudonymisation, particularly in the fields of cognitive science and education;
- to enroll the course as part of a broader training delivered by the institution of Higher Education and Research.
- As an accessory, usage data can be used:
- to enable institutions to offer, administer and improve their courses;
- to track the attendance, progress and completion of an online course and to analyze statistics on learner performance and how they learn;
- to detect breaches of the user's charter, how to use the site as well as fraudulent uses or the potential to maintain and improve the operation and security of the site and our software, systems and networks.
- Pseudonymized, they can be used:
- to help improve the offer of www.fun-mooc.fr globally, personalize the experience and evaluate the accessibility and impact of www.fun-mooc.fr in the international educational community;
- to publish information, always pseudonymized, collected on access, use, impact and performance of learners.
- the recipients of the identifying data are the GIP FUN MOOC, as well as, for the only data necessary for their activity, its subcontractors (for hosting and user support in particular) whose activity is governed by contracts, and the institutions producing the courses (authorized members of the teaching teams, in charge of the training, official representatives of the institutions carrying the courses, and actors of the exploitation of the data, to accelerate the digital transformation of the initial trainings). Note, incidentally, that your own activity is likely to transmit data to other learners, for example if you share personal information as part of a course.
- thus, when you follow a MOOC whose carrier is located in a non-adequate country (eg Morocco, Tunisia and Lebanon), and in the absence of a decision of adequacy, a treatment of your data can to be realized; contractual clauses of the European Commission, of which you can obtain a copy, are signed with these establishments.
- your data is kept for a maximum of five years after your last activity on the site, then will be anonymized. In case of remote monitoring, the data transmitted to the subcontractor is retained for a period of six weeks (for video, photo and audio recordings) to one year for identification and contact data, prior to destruction.
- You have the right to withdraw your consent to the processing of your data by contacting us. You also have the right to ask us for access to your data, their correction or erasure, as well as a limitation of this data, or their portability. You have the right to set specific instructions for storing, deleting, and communicating your data after your death. You also have the right to submit a complaint to the french supervisory authority.
Use of Cookies
Certain data is collected by using cookies (small text files saved by your web browser onto your computer, in which personal information is stored about you and your page activity, which can be consulted by the Site).
A cookie does not make it possible for us to identify you. Generally speaking, it records information about your computer’s browsing activity on our Site (the pages that you have visited, the date and time of your visit, etc.), which we can read during subsequent visits. That is, it contains information that you have supplied. As a result, during your next visit, there is no need for you to fill out the form that is presented at the onset.
Please note that you may block cookies through your browser settings (in the Tools->Internet Options' menu item on browsers such as Mozilla Firefox or Microsoft Explorer). Most browsers provide instructions for blocking cookies under the "help" function on the toolbar. You can set your browser to alert you when a cookie or cookies are being sent to your device and allow you, should you so wish, to refuse them. (See the following website address for full details: www.cnil.fr.) If you disable or refuse cookies, you may not be able to access some parts of the Site, and some features may not function properly or be available to you.
Links to other websites
This Privacy Policy applies only to our site at https://www.fun-mooc.fr/, which may, however, include links to third party websites offering services supplied by other content providers. We do not control such linked services and are not responsible for their content. Nor are we responsible for the collection, use or disclosure of any information those services may collect. We advise you to carefully read the privacy statements and policies of such third-party websites prior to the use of any third-party website.
User Names and Postings
Comments or other information posted by you to our forums, wikis, or other areas of the Site designed for public communications may be viewed and downloaded by others who visit the Site. For this reason, we encourage you to use discretion when deciding whether to post to those forums (or to other public or course-wide areas) any information that can be used to identify you.
Legal notices and disclaimers
All courses offered on the Site have been created by professors, researchers, scholars or other academic faculty at institutions of Higher Learning and Research organizations or by experts from partner institutions or establishments.
The course catalog is continually expanding as an array of training programs and learning modules are added to meet broadening public interest.
Website Editor
Contact: communication@fun-mooc.fr
Publishing Director
Hosting Provider
Statistics Manager
AT Internet
Credits
FUN site uses Open edX technology.
The project is covered by the AGPL license, which is viewable at the following address: https://github.com/openfun
Effective Date: October 28, 2013
Most recent update: November 6, 2023