LMS Terms of Use

Last updated January 2023

The collection and use of some of your personal information is necessary for proper, and full, utilization of this Learning Management System.  Depending on your relationship to Elekta, you may have different data rights.  For example, the consent box you are being asked to check is technically not legally binding if you are an employee, because Elekta can use employee personal information for legitimate business purposes and cannot rely on consent.  However, in both cases, you are entitled to know what personal information we collect, and its purpose. The instances where your data rights vary because of a differing relationship with Elekta are addressed in specific sections at the end of this document.

This disclosure relates only to personal data collected in relation to the LMS and the training and services offered on the LMS. For more information on what information Elekta collects generally, and your data rights, please visit https://www.elekta.com/privacy/.  By registering on the LMS or booking or participating in any training session on the LMS you consent to and accept Elekta’s policies and uses of your personal data as set out in this disclosure for Learning Management System (LMS) (and as amended and updated from time to time).

Elekta collects the following personal data from or about you:

(a)    the data you provide when registering on the LMS to use the training services.

(b)   Personal data related to your use of the training services, including but not limited to course selections, training activity, courses viewed, length of time on a course, course progress, answers and responses to training assessments, questions and scores.

(c)    your training records, transcripts and certificates.

(d)   information which is technical in nature, including but not limited to, internet protocol (IP) address that you use to connect to the internet, your browser type and version, type of plug in used, operating system, platform and time zone.

Elekta may use your personal data to:

(a) administer and test the LMS;

(b) enable your use of the training services available on the LMS;

(c) collate and generate reports relating to courses or users.

(d) produce certificates and training records;

(e) perform data analysis, research, and statistical reports and analysis;

(f) deal with enquiries and complaints made by or about you relating to the LMS;

(g) improve your browsing experience by personalising the LMS;

(h) improve, maintain, and fix the LMS and the training services and courses.

(i) keep the LMS secure and prevent fraud;

(j) monitoring messages sent through our LMS messaging service and discussion forums.

Further your personal data will be provided to and processed by the third-party supplier Cornerstone OnDemand (“Cornerstone SBX”) who provides the LMS application as a hosted service to Elekta. Processing by Cornerstone SBX shall be for the following purposes:

(a)    improve, maintain and fix the LMS; 

(b)   perform data analysis, research, and statistical reports and analysis;

(c)    deal with enquiries and complaints made by or about you relating to the LMS;

(d)   keep the LMS secure and prevent fraud;

(e)   legal investigations;

(f)    Web page analytics.

Neither Elekta nor Cornerstone OnDemand will provide your personal data to any third parties for the purpose of direct marketing.  To better understand your data rights with Cornerstone OnDemand, please refer to their privacy policy, which can found at https://www.cornerstoneondemand.com/privacy-policy/.

Elekta may disclose your personal data to any of our employees, officers, partners, agents, suppliers, and subcontractors insofar as reasonably necessary for the purposes set out in this privacy disclosure.

Elekta may disclose your personal data to any member of our group of companies insofar as reasonably necessary for the purposes set out in these terms of use.

Elekta may disclose your personal data to external instructors.

In addition, Elekta may disclose your personal data:

(a) to the extent that we are required to do so by law or in order to comply with any legal obligation we have;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling.

Further Cornerstone SBX may disclose your personal data as follows:

(i) any of Cornerstone SBX’s affiliates or group companies who are used to provide the services to Elekta;

(ii) any sub-contracted service providers who assist with the performance of the services provided to Elekta.

Except as provided in this privacy disclosure, Elekta will not provide your information to third parties.

Where Elekta does share your personal data in accordance with these terms, we shall be responsible for ensuring those third parties treat your data only in accordance with our instructions and always in accordance with this Privacy Disclosure.

Information that Elekta collect may be stored, processed and/or transferred between any of the countries in which Elekta, our partners, agents, suppliers and/or subcontractors operate in order to enable us to use the information in accordance with this privacy policy.  Elekta ensures that it has the proper legal framework in place (intercompany agreement, SCCs, etc) for any such transfers.

Information which you provide may be transferred to and processed in countries outside the European Economic Area (EEA).

You expressly agree to such transfers of personal data when you check the consent box.

Where Elekta does share your personal data in accordance with this Privacy Disclosure we shall be responsible for ensuring those third parties treat your data only in accordance with our instructions and always in accordance with these terms of use.

Elekta will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal data.

Elekta, Cornerstone OnDemand, and other sub-processors will ensure that the appropriate governance and security frameworks are in implemented to ensure the security of your data.  This will include but is not limited to measures to protect the physical and environmental security of your data, to ensure access is controlled, monitored and logged, that your data is protected against virus and malware threats, that the communication and storage of your data is protected by reasonable network and communications controls.

You are responsible for keeping your password and other login details confidential.

You may instruct us to provide you with any personal data we hold about you. Provision of such information may be subject to the payment of a fee (as permitted by any applicable law) and the supply of appropriate evidence of your identity.

Please let us know if the personal data which we hold about you needs to be corrected or updated and to the extent you are not able to do this yourself through the user interfaces we will.

Elekta requests that wherever possible when using the LMS you do not provide or share any sensitive personal data with us (for example information related to racial or ethnic origin, health data, and religion).

Elekta will only retain your personal data for as long as is necessary after which it shall be deleted. Considerations for setting retention periods shall include (i) legal or regulatory requirements to retain the personal data, including but not limited to legal requirements around the retention of training records relating to medical devices.

If you have queries or concerns relating to this privacy policy or your personal data when using the Elekta LMS, or you wish to exercise any of your rights set out herein or under applicable law please contact us:

Specific information for employees

Elekta has reviewed the use of your personal data on the LMS and has determined that it is in Elekta’s Legitimate Interests to process your personal data (as identified and described in this Privacy Disclosure) to provide the LMS to you as an Elekta employee.

Data in relation to which courses you have participated in and your results and scores from those training sessions may be shared with relevant persons within the Elekta group including but not limited to your manager, department managers, HR functions, course owners and Training functions.

Specific information for customers and other third parties

Welcome to the Elekta Learning Management System (“LMS”). Every user of the LMS must accept these terms and conditions before getting access to the LMS or any courses on the LMS.

By registering on or accessing the LMS or booking or participating in any training course or session on the LMS you agree to follow and be bound by the following terms and conditions that govern your access to and use of the LMS and the training courses on the LMS (“Terms of Use”).

Please be aware that your access to and use of the LMS may also be governed by a contractual relationship between your employer (or similar) and Elekta, and Elekta may have made certain commitments to your employer in relation to your use of the LMS. Where there is such a relationship Elekta shall have no liability to you in relation to the provision of the LMS except as set out in these Terms of Use.

All intellectual property rights relating to the LMS and any content on the LMS are owned by and remain at all times with Elekta or a third party provider. All rights, title and interest not expressly granted with respect to the LMS and the content provided on or through the LMS are reserved. You have no rights other than to access the learning resources for the purpose of study in the course of your employment with Elekta’s customer. No modification of any kind is to be attempted to be made to the learning resources. No downloading or copying of any content to electronic or photographic media is allowed, unless expressly required by Elekta in relation to a particular course. Limited printing of pages of the learning resources is authorized only to the extent reasonably required by you to aid study. No part of the learning resources can be reproduced by any means or under any format other than as a reasonable aid to your study.

You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the LMS content that you have the right and authority to Share and for which you have the right and authority to grant to Elekta all of the licenses and rights set forth herein. By Sharing content, you grant Elekta a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the content into any Elekta product or service, and to display, market, sublicense and distribute the content as incorporated or embedded in any product or service distributed or offered by Elekta without compensation to you.

Liability

(i)           As Is Basis

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE LMS, AND ALL CONTENT PROVIDED ON OR THROUGH THE LMS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ELEKTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE LMS AND ALL CONTENT PROVIDED ON OR THROUGH THE LMS. ELEKTA MAKES NO WARRANTY THAT: (A) THE LMS OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE LMS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LMS OR ANY CONTENT PROVIDED ON OR THROUGH THE LMS WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE LMS WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE LMS IS USED AT YOUR OWN DISCRETION AND RISK. ELEKTA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

ELEKTA RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE LMS AND CONTENT PROVIDED ON OR THROUGH THE LMS AT ANY TIME WITHOUT NOTICE.

ELEKTA IS NOT RESPONSIBLE FOR THIRD PARTY CONTENT PROVIDED ON OR THROUGH THE LMS AND YOU BEAR ALL RISKS ASSOCIATED WITH THE THIRD PARTY CONTENT.

(ii)          Limitation of Liability

IN NO EVENT SHALL ELEKTA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE LMS OR ANY CONTENT PROVIDED ON OR THROUGH THE LMS.

(iii)         Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN THIS SECTION 3, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

WE CANNOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSS, DISRUPTION OR DAMAGE TO YOUR DATA OR YOUR COMPUTER SYSTEM WHICH MAY OCCUR WHILST USING MATERIAL DERIVED FROM THIS WEB LMS.

You agree not to use the LMS, or content provided on or through the LMS, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the LMS or content provided on or through the LMS.

You agree that you will neither use the LMS in a manner, nor Share any content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. Elekta may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

Elekta does not want to receive confidential information from you through or in connection with the LMS. Notwithstanding anything that you may note or state in connection with Sharing content, it shall not be considered confidential information and shall be received and treated by Elekta on a non-confidential and unrestricted basis and Elekta shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in Elekta's Privacy Policy.

Elekta may, in its sole discretion, at any time discontinue providing or limit access to the LMS, any areas of the LMS or content provided on or through the LMS. You agree that Elekta may, in its sole discretion, at any time, terminate or limit your access to, or use of, the LMS or any content. Elekta may terminate or limit your access to or use of the LMS if Elekta determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Elekta shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the LMS or any content, including content that you may have Shared.

Elekta reserves the right to review the LMS and content and to monitor all use of and activity on the LMS, and to remove or choose not to make available on or through the LMS any content in its sole discretion. Elekta may remove content that is confidential or proprietary to a third party without that third party's permission.

You may not access, download, use or export the content provided on or through the LMS, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of Elekta in violation of any such restrictions, laws or regulations.