LMS365 is a SaaS (Software as a Service) solution that enables your organization to deliver and manage training on the Microsoft 365 platform and is built for that purpose. The data processing instructions regarding purpose and subject matter is therefore to process data to provide, deliver and improve the services we offer (The LMS365 Platform) and perform essential business operations related to our Platform (which may include the detection, prevention, and resolution of security and technical issues). This includes operating the services, maintaining, and improving the performance of the services, including developing new features, research, and providing customer support, for customers using and leveraging our platform and services.
In the LMS365 Platform, there is a built-in consent flow for all customers signing up on the Platform, ensuring that all customers agree to our terms and conditions, including entering into a data processing agreement. By signing up on the LMS365 Platform, Customers enter into a contract between the Customer and ELEARNINGFORCE. That contract describes the services we will provide to the Customer, how we will work together, and other aspects of our business relationship. Accepting these terms by signing up on our Platform as part of the consent flow, are necessary for us to provide our services to Customers. If the terms are not accepted, the Customer can’t use our Platform.
By signing up on the LMS365 Platform and accepting the terms of the LMS365 Services (Terms & Conditions, Service Level Agreement, and Data Processing Agreement), the Customer agrees to these terms as a Customer. When the person, who is signing up, is agreeing to these terms for use of the LMS365 Services by an organization, that person is agreeing on behalf of that organization.
Therefore, that person must have the authority to bind that organization to these terms (Terms & Conditions, Service Level Agreement, and Data Processing Agreement) otherwise, the person must not sign up for the Services nor accept these terms.
Signing up as a Customer, the Applicable Data Protection Law requires a Data Processing Agreement between the Controller (the Customer) and the Processor (ELEARNINGFORCE) for the Processing of Personal Data.
The Processor process Personal Data based on Personal Data being defined as:
- "Personal data" means any information relating to an identified or identifiable natural person ("data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier of that person.
- The Processor (ELEARNINGFORCE) does not process Sensitive Personal Data, following the definition of "Sensitive Personal Data" as personal data, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade- union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data. Data relating to criminal offenses and convictions are addressed separately (as criminal law lies outside the EU's legislative competence).
- The Processor (ELEARNINGFORCE), does not process data specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person, including identifiers such as genetic data and all data pertaining to a data subject’s health status.
By signing up on the Platform and agreeing to the overall terms of using our Services, the Customer is therefore entering the Data Processing Agreement and EU Standard Contractual Clauses with ELEARNINGFORCE for the processing of Customer Data as set out in this DPA, that reflects the parties’ agreement with respect to the terms governing the Processing of Personal Data.
When a Customer signs up on our Platform, accepting the terms and start using the service provides, ELEARNINGFORCE is then processing, using and collecting Personal Data from the Customer (Data Controller) to operate effectively and provide the customer (Data Controller) the best experiences with the services. The Customer provides some of this data directly, such as when assigning training to a user, configure a course to use group enrollment functionality, upload external certificates, use the LMS365 web portal, or contact us for support.
ELEARNINGFORCE will process Personal Data as necessary to perform the Services pursuant to the agreement made with the customer, as further specified in the Documentation, and as further instructed by Controller in its use of the LMS365 Services.