MoodleNet Privacy Notice for the “mothership” and instances hosted by Moodle HQ

Last updated 15th November 2019

This Privacy Notice tells you how we, Moodle Pty Ltd, will collect and use your personal data to provide our MoodleNet service which allows educators, of any kind, to create a private social space online, all optimized for collaborative learning, and connect their installation to a wider network of networks. MoodleNet is the name of one of our pieces of software, which can be installed and hosted by anyone. It includes an option to link to a network of other installations, which we facilitate by running a central API service and search index. We will refer to it as the “mothership”.

The MoodleNet software is free and open source, and may be hosted by anyone who wishes to manage an installation. This notice will only tell you how Moodle Pty Ltd uses your MoodleNet personal data, but if the site you are using isn’t hosted by Moodle Pty Ltd, then your data controller will have their own specific Privacy Notice as well, on how your data is used by them.

Who are we?

Moodle Pty Ltd is a software company which allows educators, of any kind, to create a private space online, filled with tools that easily create courses and activities, all optimized for collaborative learning. MoodleNet is open source, and may be hosted by Moodle Pty Ltd, but also by anyone who wishes to manage an installation.

What’s covered by this Privacy Notice?

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as: “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural 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, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

All data subjects whose personal data is collected, in line with the requirements of the GDPR.

We are processing personal data for the purposes of identification on a federated social network made up of individually hosted installations of our MoodleNet software. We envisage that this will lead to increased trust and sharing of resources and ideas amongst the educators using federated MoodleNet instances. Users will be able to identify one another, talk about shared interests and goals, and both link to and upload resources that will help their communities. It is not compulsory for 3rd parties to link their instance of MoodleNet to the “mothership”. If they do not, none of their users’ personal data will be processed by Moodle Pty Ltd.

We will be collecting users’ personal data, including: username, display name, location, bio, language(s), images, links, resources uploaded, comments, browser version, and IP address. This does not include criminal offence data, but may include special categories such as political beliefs and accessibility requirements. We could also infer ethnicity through avatars, including photographs, that users choose to represent themselves. This would be as a by-product of using the system, through optional rather than mandatory activity (e.g. tagging, photo-upload, discussion replies).

While users may have the ability to hide information about themselves on their profile so that only they can see it, please be aware that this only hides information from other users (as well as from the “mothership”), but not from the operator of the instance.

We want users to be aware that they might, implicitly and explicitly, reveal sensitive information such as their preferences, any disabilities, and ethnicity or location data through what they choose to upload or share on instances of MoodleNet.

Why does Moodle Pty Ltd need to collect and store personal data?

MoodleNet is a piece of open source software, which can be integrated with an optional service (the MoodleNet “mothership”) in order for Moodle Pty Ltd to provide users and instance hosters with a service that indexes data as well as provides search and discovery across federated instances. We need to collect personal data to interact with users and/or to allow us to provide you our service(s). We are committed to ensuring that the information we collect and use is appropriate for this purpose and no more than is necessary and proportionate for those purposes.

Moodle Pty Ltd is a company which values its users’ data protection and privacy rights and we have no interest in collecting data beyond what we need to make our service(s) work for you.

If you are going to be contacted by us for marketing purposes, we will not rely solely on this notice, but will always seek an additional confirmation from you that it’s ok to do that.

In general we collect personal data relating to you for specific purposes, with the nature of the data collected depending on your interaction with Moodle Pty Ltd. We are committed to transparency in this and have provided a very detailed breakdown of these processes in Annex 1 of this Privacy Notice.

Our legal basis for the processing of personal data are:

The special categories of personal data potentially concerned are:

Will Moodle Pty Ltd share my personal data with anyone else?

We may pass your personal data on to third-party service providers contracted to Moodle Pty Ltd in the course of dealing with you. We do this because there are some services, which will not work unless we are able to make these transfers. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to deliver the service they provide on our- and of course- your behalf. When they no longer need your data to fulfil this service, they will dispose of the details in line with Moodle Pty Ltd’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, or if it is necessary to comply with a contract, or we are legally required to do so. If you would like an up-to-date register of all our third-party service providers for MoodleNet, please contact privacy@moodle.com and we will be happy to provide it.

How will Moodle Pty Ltd use the personal data it collects about me?

Moodle Pty Ltd will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Moodle Pty Ltd maintains a register of its data processes which includes a record of the data retention policy for each type of data collected and is committed to only ever trying to process the minimum amount of data needed. Moodle Pty Ltd is required to retain certain information in accordance with the Law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Can I find out what personal data Moodle Pty Ltd holds about me?

Moodle Pty Ltd at your request, can confirm what information we hold about you and how it is processed. If Moodle Pty Ltd does hold personal data about you, you can request the following information:

What forms of ID will I need to provide in order to access this?

Moodle Pty Ltd accepts a request made through a Moodle account while the person making the request is logged in. In certain circumstances Moodle Pty Ltd could ask for additional information and the following forms of ID when information on your personal data is requested:

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Where consent is required for Moodle Pty Ltd to process both standard and sensitive types of personal data, it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used. Agreement with this Privacy Notice and its accompanying terms and conditions (as applicable) (and any Data Processing Agreements, if they apply to you) will be considered to be explicit consent and we will keep a copy of the records of that consent for audit purposes.

You may withdraw consent at any time by:

Please identify your role in relation to MoodleNet (if you are an end-user, site admin etc.), and the data you wish to withdraw consent to be processed.

Disclosure

Moodle Pty Ltd will pass on your personal data to certain third parties. Moodle Pty Ltd is a distributed, global company and it uses cloud services which may be accessed by its employees in any part of the world, including the head office in Australia.

The MoodleNet software platform is open source, so that anyone can install and host a copy of the software, as the data controller. In those circumstances, it will be a matter for the Data Controller to ensure they have also put the necessary safeguards in place for any international transfers outside the EU.

Third country (non EU/international organisation Safeguards in place to protect your personal data
MoodleCloud: Australia, global Use of the EU’s Standard Contract clauses, Privacy Shield, and binding corporate rules
Other Moodle sites and services Use of the EU’s Standard Contract clauses, Privacy Shield, and binding corporate rules
Other Moodle installations not hosted by Moodle Pty Ltd or additional processing of data from MoodleCloud by the Data Controller To be provided directly to you by the Data Controller for that installation

Retention period

Moodle Pty Ltd will process different forms of personal data for as long as is necessary and proportionate for the purpose for which it has been supplied and will store the personal data for the shortest amount of time possible, taking into account legal and service requirements. For further details on the retention period for any particular type of data, please contact privacy@moodle.com

Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

Where Moodle Pty Ltd are your Data Controller, you may make a request directly to the Data Protection Officer using the email address dpo@moodle.com

Where Moodle Pty Ltd are a Data Processor, and act on behalf of a data controller such as an independently hosted instance of MoodleNet with an API connection to the “mothership”, any requests received by Moodle Pty Ltd will be passed on to the Data Controller.

Where Moodle Pty Ltd are not involved with your data, such as where the MoodleNet instance has been self-hosted, you should address your requests to the data controllers of those sites since Moodle Pty Ltd will have no access to your data.

Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Moodle Pty Ltd (or third parties as described above), or how your complaint has been handled, you have the right to lodge a complaint directly with supervisory authority and also with Moodle Pty Ltd’s Data Protection Officer, Data Compliance Europe.

If you wish to make a complaint about how your personal data has been processed in MoodleCloud, or by a Self-Hosted installation of the Moodle Software you should contact your Moodle Site Admin or the Data Controller for your Moodle installation. (For example, if your university or school hosts their own MoodleNet site, they will be the Data Controller).

The details of Contacts for where Moodle Pty Ltd’s are the Data Controller:

Supervisory authority contact details Data Protection Officer (DPO) / GDPR Owner contact details
Data Protection Commissioner Data Compliance Europe
Canal House Lower Bridge Street
Portarlington Dublin 8
Co Laois
R32 AP23
info@dataprotection.ie dpo@moodle.com
+353 57 8684800 +353 1 6351580

The details of Contacts for where Moodle Pty Ltd is not the Data Controller, in your installation of Moodle are available directly from your Data Controller.

ANNEX 1

CATEGORIES OF PERSONAL DATA WHAT COULD BE INFERRED FROM THE DATA PURPOSE OF PROCESSING THE SOURCE OF PERSONAL DATA
Display name, avatar, bio, interests, language, occupation, location, tags workplace, origin, politicalopinions, religious beliefs, gender, sexuality, accessibility requirements User registration Data subject (user)
Descriptions, language, metadata interests, occupation, location, workplace, location, origin, politicalopinions, religious beliefs, gender, sexuality, accessibility requirements Describing communities, collections, or shared resources Data subject (user)
IP address geolocation of connection to the service Connecting users to the service Data subject (user)
Details about browser and device accessibility requirements Ensuring the service is accessible to all users Data subject (user)
Search history political beliefs, religious beliefs, sexuality, accessibility requirements Improving user experience Data subject (user)

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