ONLINE PROGRAMMES

Terms and conditions and privacy notice

ONLINE PROGRAMMES TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS (HEREINAFTER THE “TERMS”) CAREFULLY AS THEY GOVERN YOUR PURCHASE OF AND/OR PARTICIPATION IN ONLINE PROGRAMMES OFFERED BY GLION AND DIRECTLY PURCHASABLE ONLINE THROUGH THIS WEBSITE.

BY PURCHASING, REGISTERING, ACCESSING, OR PARTICIPATING IN AN ONLINE PROGRAMME, YOU UNCONDITIONNALLY AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE, REGISTER, ACCESS, OR OTHERWISE USE ANY ONLINE PROGRAMME.

THESE TERMS DO NOT APPLY TO OTHER ACADEMIC PROGRAMS AND COURSES OTHERWISE OFFERED BY GLION WHETHER ON CAMPUS OR ONLINE.

1. Definitions

“Affiliate(s)” means any corporation, firm, partner, organization or entity, whether de jure or de facto, which Glion directly or indirectly controls, is controlled by or is under common control with.

“Force Majeure” means any cause beyond Glion’s reasonable control such as but not limited to, acts of God, fires, floods, earthquakes, storms, natural disaster, explosion, epidemic, quarantine, sabotage, riot, civil commotions, accidents, delivery delays of sub-contractors, electrical, internet, or telecommunication outage or government restrictions and the like.

“Glion” means GIHE Sàrl, a company duly registered in Switzerland with it seat at Rue de l’Ondine 20, 1630 Bulle.

“Intellectual Property Rights” means all patent rights, copyrights, trade name rights, trademark rights, service mark rights, trade secret rights and other similar proprietary rights of any type, as they may exist anywhere in the world.

“Personal Data” means any information relating to an identified or identifiable natural person.

“Programme” means any Glion online courses or programs you may purchase through the Website (as described on the relevant section of the Website) and which usually include pre-recorded sessions and online material for you to work autonomously and virtual classrooms where attendance is required based on a fixed schedule and moderated by a professor or other form of teaching-support forum/personalized tutorials that will provide you with direct contact with Glion professors. Please note that live sessions are usually delivered during Glion business hours (Central European Time (CET) zone).

“Representatives” means the officers, employees, self-employed agents or subcontractors of Glion or any of its Affiliates.

“Services” means the provision of the Programme together with such other services as agreed from time to time and purchased through the Website.

“Tuition Fee” means the fee payable to Glion in consideration of the Services you purchase.

“Website” means the following website: https://glion-dev.elca-services.com/

2. Delivery of the Programme

2.1 Glion will provide you with information on how to access the Programme prior to the commencement of the Programme. Access to the Programme will remain in place for a maximum of three (3) months after the Programme comes to an end at which point you will no longer have access to it or the learning environment.

2.3 Glion will use reasonable endeavours to deliver the Services as described on the Website. Glion shall be entitled to adapt the Services at all times without notice and consequently to alter the timetable, syllabus, number of classes, individual(s) teaching or external service providers to the Programme and method of delivery of the Programme.

2.4 Glion may cancel or postpone the Programme by giving you notice in writing before the beginning of the Programme. If Glion cancels or postpones the Programme, it shall refund the Tuition Fee already paid or offer you the opportunity to enroll for a subsequent intake.

2.5. The Programmes, unlike standard Glion academic programs, do not provide any types of credits. You will not be enrolled in any degree program at Glion as a result of being registered for or completing any Programme and you will not be entitled to receive alumni privileges or benefits provided to students duly enrolled in degree programs at Glion. Depending on the Programme, upon successful completion of the Programme, a certificate of completion may be delivered to you.

3. Your Obligations

3.1 Glion draw your attention to the fact that, unless otherwise indicated on the Website, you must have an excellent command of English to participate in the Programme.

3.2 Any visitor can view the Website, but in order to take part in the Programme, you must register for a personal account on the Website by providing certain Personal Data and a password. You agree that you will never divulge or share access or access information to your account with any third party for any reason and you will not let anyone else use your account. You undertake that all information provided by you in relation to your account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete. It is your responsibility to keep your account details up to date and safe.

3.3 You undertake to attend any scheduled session for the entire duration of the sessions and use computing equipment which meets the minimum requirements for hardware, software and internet bandwidth as listed or as available upon request. You acknowledge and agree that progression and successful completion of the Programme is conditional upon satisfactory attendance to lessons, any online assessments, the submission of any course work and the successful achievement of any specified progression grades relating to the Programme being undertaken. Failure to comply with such requirements without the writing permission of Glion, may result in Glion considering that you have withdrawn from, or you being required to leave the Programme. Criteria for successful completion of a Programme depend on the Programme and you agree to comply with any policies, including any Programme specific policies communicated or available to you from time to time and related to attendance, assessment, academic misconduct etc.

3.4 You must at all times show courtesy, consideration and respect during the course of the Programme. You are expected to avoid any behaviour or conduct that could be interpreted as inappropriate behaviour by another participant, Glion Representatives, and/or any third parties (“Inappropriate Behaviour”). Inappropriate Behaviour may include but not exclusively: unwelcome conduct whether verbal, physical or visual that denigrates or shows hostility or aversion toward an individual including but not exclusively because of his or her gender, colour, religion, national origin, age, disability or sexual orientation.

4. Payment Terms

4.1 Glion reserves the right to modify the Tuition Fee at any time and without notice and the applicable Tuition Fee will be the one indicated at the time you complete your purchase of the Programme (at checkout). Payment may only be made by credit card. Glion uses Flywire as a payment services provider. You are solely responsible for any applicable bank charges.

4.2 Upon receipt of payment of the Tuition Fee by Glion, you will be provisionally accepted into the Programme subject to validation of your profile by Glion in its sole discretion. If Glion concludes that your application does not fit the Programme requirements, you will be informed. Depending on the Programme, the Programme may also be offered for a limited number of participants. In such events where you are not accepted in the Programme, Glion will refund the Tuition Fees paid by you.

4.3. Any purchase is non-cancellable and non-refundable. If you cannot attend the Programme due to mitigating circumstances approved by the Glion, you may be entitled to a deferral to another session of the Programme. You understand that your enrollment may in any cases be transferred only once, within twelve (12) months from the date of your application and subject to availability.
4.4 You shall be responsible for all costs you incur in connection with your access and/or participation in any Programme.

5. Intellectual Property

5.1 All Intellectual Property Rights in any materials designed and/or developed by, for or on behalf of Glion and utilized in the Services or the Website, including any platforms, webinars, presentations, speeches made by instructors, video recordings and all on-line tools and documents developed for the purposes of student assessment, academic engagement, feedback and other curriculum related purposes shall exclusively belong to Glion and/or its licensors (“Glion Intellectual Property”). For the avoidance of doubt, Glion Intellectual Property includes the content, structure, design and format of the tools, videos, presentations and documents designed/and or developed by, for or on behalf of Glion and used in conjunction with the Services or the Website. Glion may use Glion Intellectual Property in the development of other programs in its general provision of business education.

5.2 Subject to compliance with the terms herein, including but not limited to your payment obligation, and any specific restrictions associated with a particular Programme or feature, Glion grants you a limited, fully revocable, non-exclusive, fully paid-up, non-transferable right and license to access, view and use the Glion Intellectual Property for the duration of the Programme and for a subsequent period of maximum three (3) months as necessary to browse and/or participate in the Programme as permitted by these Terms (personal, private and non-commercial use only). For the avoidance of doubt, the license granted by Glion does not include the rights to transfer, sell or license Glion Intellectual Property to any party, reuse or reproduce Glion Intellectual Property for any purposes including internal communication and training purposes, modify, edit, adapt or create derivative works for any purpose, communicate, distribute, broadcast, display, upload or publish Glion Intellectual Property on any medium, or use Glion Intellectual Property in any other way not consistent with the conducting of the Programme or any further use not expressly authorized in writing by Glion.

5.3 By submitting or posting content on or through the platforms you grant Glion a worldwide, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, publicly perform and display, and otherwise exploit the content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Glion for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes (your name and image will never be used for marketing purposes without your prior written consent). You waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses (except with respect to the use of your name and image for marketing purposes without your prior written consent), to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize Glion to use any content that you submit. You further agree to all such uses without compensation. Glion reserves the right to remove any content without notice at any time and for any reason. You acknowledge and agree that the Services (including without limitation chat room services) may be monitored or recorded for quality control and moderation purposes and that such information or material is provided for educational purposes only.

6. Termination

6.1 In case of a Force Majeure event or where there is a breach of this Agreement by you (including without limitation in case of failure to pay the Tuition Fee in full; Inappropriate Behaviour; cheating or plagiarising any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services), Glion may terminate this Agreement with immediate effect without prejudice at any time, with no certificate of completion being issued and no refund of the Tuition Fee. In such a case Glion may also prohibit your access or revoke your access or stop your participation in the Programme.

6.2 Any provisions which by their nature survive the expiration or termination of this Agreement shall remain in effect beyond any expiration or termination of this Agreement.

7. Liability

7.1 Although Glion aims to provide the Services to the highest standards of the industry, neither it, nor its Affiliates or Representatives accept any liability for (i) any inaccuracy or misleading information provided in the Programme and any reliance by Client on any such information, (ii) any indirect, special or consequential, incidental, punitive, loss (including loss or corruption of data, revenue, profits, goodwill or business opportunities, or personal injury or death) whether arising in contract, warranty, tort, product liability, or otherwise , and even if they have been advised of the possibility of damages in advance, or (iii) any delay or failure to perform caused by any Force Majeure events. Glion total aggregate liability (including the liability of each of its Affiliates and/or Representatives) under any circumstance is limited to the amount received by Glion in connection with the relevant Programme in relation to which a dispute has arisen.

7.2 The Services are provided on an “as is” and “as available” basis. Glion (and its Affiliates and Representatives) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, loss of data. Glion (and its Affiliates and Representatives) make no warranty that you will obtain specific results from the use of the Services such as any study or employment opportunity. The use of the Services (including any content) is entirely at your own risk.

7.3 You hereby represent and warrant that you: (i) will comply with these Terms as well as with any and all applicable laws or regulations in connection with your use of the Services as the case may be including paying all relevant taxes where applicable (Tuition Fees are exclusive of any value-added or other indirect taxes that may be due in any country as the case may be), (ii) you will not use the Services for any illegal or unauthorized purpose. You agree to indemnify, defend (if so requested), and hold harmless Glion, its Affiliates and Representatives from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) the content posted or submitted by you; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of a Third party.

8. Personal Data

8.1 The nature of the Services requires that Glion will collect, use and disclose (together “Use”) certain Personal Data about you. Please review our Online Programmes Privacy Notice to understand how Glion Uses your Personal Data.

9. Miscellaneous

9.1 These Terms (including any policies referenced in these Terms and any Programme specific terms) constitute the entire agreement between you and Glion (the “Agreement”) and prevail in the event of any conflict or inconsistency with any other communication material. Any version of these Terms in a language other than English is provided for convenience only and the English language will control in case of any conflict. If any part of these Terms is found to be illegal, invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in force. Failure by Glion to enforce any term of these Terms shall not constitute a waiver of that provision. If Glion decide to waive any of its rights in a particular instance, it doesn’t mean Glion waive its rights generally or in the future. In the event of any agreement signed by both you and Glion authorized representatives, the terms of such an agreement will prevail.

9.2 You warrant you are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea, Donetsk, or Luhansk regions). You also warrant that you are not a person or entity who is named on any government specially designated national or denied-party list. If you become subject to such a restriction during the term of the Agreement with Glion, you will notify Glion within 24 hours, and Glion will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Glion). You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.

9.3 From time to time, Glion may update these Terms to clarify practices or to reflect new or different practices (such as when Glion add new features), and Glion reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless stated otherwise and you are advised to check this page every time you use the Website. Continued use of the Services after changes become effective shall mean acceptance of those changes. Any revised terms shall supersede all previous terms. Glion has sole authority to settle cases not covered by these Terms.

9.4 Governing Law and Jurisdiction
This Agreement is governed by Swiss laws. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty days (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by litigation under the exclusive jurisdiction of the courts of Lausanne, Switzerland. The decision and awards of the litigation shall be final and binding. Notwithstanding the foregoing, you agree that Glion is permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.

Version: March 2024

ONLINE PROGRAMMES PRIVACY NOTICE

This is the Privacy Notice (“Notice”) for the delivery of the Online Programmes offered by Glion on the Website. The purpose of this Notice is to help you understand how and why we collect your Personal Data and what we do with it. It also explains the decisions that you can make about your Personal Data. Terms with a capital letter have the meaning assigned to them in the Online Programmes Terms and Conditions.

About Us

In this Notice, references to “Glion”, “we” or “us” are to GIHE Sàrl, a company incorporated in Switzerland (registered number CHE-436.214.799) whose registered office is at Rue de l’Ondine 20, 1630 Bulle, Switzerland.

How do we use your personal data?

Glion offers you the opportunity to register and attend Programmes and/or to receive our newsletter and other marketing information. Please note that when you visit the Website for informational reasons (i.e., without registering for any of our Services and without providing us with personal data in any other form), we may collect certain information. For further details please review the general Data Privacy Policy, including the cookies policy, of the Website available at: https://glion-dev.elca-services.com/privacy-policy/.

Subscription to Newsletter and marketing communication

The subscription to our newsletter and other marketing material (to be informed about news on our services or those of our partners) is offered on a voluntary basis. The data provided for this purpose (e-mail address) will be used by us exclusively for the purpose of providing this service within the scope of your given consent (Art. 6(1)(a) General Data Protection Regulation).

Glion uses the so-called “double opt-in” procedure for this purpose. In this procedure, an e-mail will be sent to the e-mail address provided by you with a request to confirm your consent. You can revoke your consent to receive our newsletter at any time free of charge with future effect by clicking on the ‘Unsubscribe’ button contained in every newsletter/email or by sending an e-mail to the following address: marketing@sommet-education.com. As soon as you unsubscribe from our newsletter/marketing communication, your personal data provided for this purpose will be deleted, unless other retention periods conflict with this.

Programme registration and management

In order to purchase any Services, you must register for an account with us via the Website and provide certain Personal Data. When you register on the Website, when you create and update your profile, and when you purchase a Programme, we may collect the following information:

Fist Name, Last Name, email address, copy of your passport and CV (required)
Time zone (required for certain courses)
Credit/debit card information
Information provided by you when you correspond with us as the case may be, including without limitation information you choose to provide about your interests, educational background, occupation and work experience, learning goals, and other general learning preferences for the purpose of making course recommendations as the case may be.

When you are participating in a Programme, we may collect and store the following additional information:

comments you voluntarily post while participating in online discussions with instructors and other learners
any content submitted by you during the Course, such as written assignments, quizzes, and examinations, and the results of any assessments
any data and documentation you submit in order to verify your identity where required to obtain a certificate
responses you voluntarily provide to in questionnaires, surveys, or user research that you participate in related to the Programme

Personal Data provided to or collected by us as part of the registration process or (where your application is successful) during the course of the Programme, may be Used for the purposes of i) m managing your account including providing technical support, ii) admissions management, iii) pedagogical management of the Programme including making direct contact with you regarding your progress and completion of the Programme and iv) improvement of the quality of the Services (Art. 6(1)(b) and Art. 6(1)(f) General Data Protection Regulation).

Sharing information with others

For operational reasons and as is necessary and proportionate for intended purposes, we may share your information with our Affiliates, with trusted third parties or subcontractors who assist us in operating our Website, conducting our business, or servicing you (collectively, “External Parties”) including but not limited to our payment services provider (Flywire), our customer relationship management service provider (Salesforce). We contractually require External Parties processing personal data on our behalf to follow this Notice, whether they are utilizing our and/or their own electronic systems and data management tools.

We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others’ rights, property, or safety.

This Website may contain advertisements of third parties and links to other sites or frames of other sites where we do not control how your data is processed. In those situations, please ensure you read and understand the privacy policies and practices of such websites and be aware that we are not responsible for the privacy practices or content of those third parties or other sites.

Sending information to other countries

Some of the personal data we process about you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”) or Switzerland, for example where it is processed by staff operating outside the EEA/Switzerland who work for us or for one of our suppliers, or where personal data is processed by one of our suppliers who is based outside the EEA/Switzerland or who uses storage facilities outside the EEA/Switzerland. In these circumstances, your personal data will only be transferred on one of the following bases:

a European Commission decision provides that the country or territory to which the transfer is made ensures an adequate level of protection;
where the transfer is subject to one or more of the “appropriate safeguards” for international transfers prescribed by applicable law (e.g., standard data protection clauses adopted by the European Commission); or
there exists another situation where the transfer is permitted under applicable law (e.g., where we have your explicit consent).

How do we secure your personal data?

We implement appropriate physical, administrative and technical measures designed to protect your personal data against accidental, unlawful or unauthorized destruction, loss, alteration, disclosure or access or use, and all other unlawful forms of processing. We contractually require that External Parties provide equivalent levels of protection when handling your personal data and only process the data in accordance with our instructions. In any case, we limit access to personal data to those employees, agents, contractors and other third parties that have a legitimate need for such access in accordance with this Notice. We endeavour to take all reasonable steps to protect your Personal Data but cannot guarantee the security of any Personal Date you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

For how long do we keep your personal data?

We strive to keep our processing activities with respect to your personal data as limited as possible. We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a Service you have requested or to comply with applicable legal, tax or accounting requirements).

What decisions can you make about your personal data?

You are able to make various decisions about your personal data. Your rights are as follows:

to obtain access to, and copies of, the personal data that we hold about you;
to require us to correct the personal data we hold about you if it is incorrect;
to receive from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal data to another data controller;
to require that we cease processing your personal data if the processing is causing you damage or distress;
to require us not to send you marketing communications;
to require us to erase your personal data;
to require us to restrict our data processing activities (and, where our processing is based on your consent, you may withdraw that consent, without affecting the lawfulness of our processing based on consent before its withdrawal);
to object, on grounds relating to your particular situation, to any of our particular processing activities where you feel this has a disproportionate impact on your rights.

Please note that:

the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply;
information request will be fulfilled free of charge unless in case of repetitive, manifestly unfounded or excessive requests or for further copies; and
where our processing of your personal data relies on your consent and where you then withdraw that consent, it may affect the provision of the services.

Further information and guidance

We reserve the right to modify this Notice as needed, for example, to comply with changes in laws, regulations, our practices and procedures, or to respond to new threats or new requirements imposed by data protection authorities. Please just visit this page if you want to stay up to date, as we will post any change here.

If you have questions about your personal data, contact emdleadqualification-seuk@sommet-education.com or email our Data Protection Officer at dpo@sommet-education.com. The information you provide when contacting us will be processed to handle your request. If you are not satisfied with how we are processing your personal data, you can make a complaint to the relevant data protection authority.