Date of publication: 28th June 2022

1. Acceptance of the GTC
2. Registered Users
3. Modifications and Cancellation
4. Fees
5. Guarantees
5.1. User liability
5.2. Availability
5.3. Exclusion of liability
6. Account, password and security
6.1. Personal disk storage
7. Intellectual property
8. Privacy policy
9. Miscellaneous
10. Jurisdiction and applicable law
11. Contact

The present General Terms and Conditions (hereafter "GTC") set out the conditions under which the Ecole Polytechnique Fédérale de Lausanne, 1015 Lausanne (Switzerland) (hereafter "EPFL" or "We") proposes access and use of the Noto/Jupyter Service (hereafter "Services") to users (hereafter "User" or "You"), namely via the websites "noto.epfl.ch" (hereafter individually or collectively the "Website").

1. Acceptance of the GTC

By accessing the Website and/or using the Services, You acknowledge that you have read, understood and accepted that You are subject to all of the conditions laid down in the GTC. The GTC, alongside any procurement and any specific conditions, form the contract (hereafter "Contract"). Where Services are provided via a third-party site (for example, Youtube), You also accept the general terms and conditions and the privacy policy of the third-party site, for which EPFL accepts no liability.
EPFL reserves the right to modify the present GTC and/or Privacy Policy at any time. If You are a registered User, You shall be informed where necessary by email of any new versions of the GTC or Privacy Policy. New versions of the GTC or Privacy Policy shall also be made available on the Website. You are responsible for regularly checking the GTC and the Privacy Policy and for keeping yourself up to date regarding any modifications. Your continued use of the Website and Services after the posting of modifications will constitute express acceptance of the modifications.

2. Registered Users

Use of Services may be reserved for registered Users. In order to become and in becoming a registered User, You represent and warrant that:
You are aged eighteen (18) years or over, or are over the legal minimum age in your country of residence where this exceeds eighteen (18) years.
The information that You provide at the point of your inscription or online registration (hereafter "Registration data") is accurate, current and complete, and You shall maintain this information up to date.
You have the right to access the Website and to use the Services from your country of residence and in accordance with the laws applicable to you.
You shall never transfer your account, your username or your password to a third-party.

3. Modifications and Cancellation

You agree that EPFL may, at its sole discretion, modify, suspend or even close the Website and the Services, cancel a course, exclude a User, block, cancel or suspend your account, subcontract certain Services, and make certain parts or all of the Services chargeable or free, this with or without reason, with or without notice, and at any moment. EPFL shall not incur any liability towards You in such a case, including for any prejudice or loss of data which may ensue – explicit reference is made in Article 5.3 below.
In the case of significant modification to the Services, You shall be given prior notice and You shall be provided the possibility of cancelling your registration.
You may cancel your account at any time with a notice of termination addressed to EPFL in accordance with the instructions available on the Website. Your access, possibility of using the Website and participation in the Website, including any content which may be found there, may be excluded by EPFL at any time.

4. Fees

Fees are payable in advance. In the case of late payment, EPFL may, immediately and without prior warning, limit or suspend access to the Services. EFPL shall not incur any liability for damages resulting from the suspension of access to the Services, including the loss of information which may ensue.

5. Guarantees

5.1 User liability

You agree to withhold from violating any legal standard and to withhold from using the Services for unlawful purposes or for any purpose other than that for which they are offered to You. Specifically, you agree to respect the Directive on the Use of EPFL Electronic Infrastructure.
You also agree to compensate and to hold harmless EPFL and its employees from and against all claims, costs, damages and expenses (including legal fees and court expenses) resulting from (i) your use of the Services; (ii) your non-respect or violation of any provision of the GTC or the conditions applicable to a third-party website; (iii) the non-authorised use of your account; (iv) damages caused following the violation of third-party rights via the use of the Services and (v) any other cause leading to damages for EPFL.

5.2 Availability

EPFL shall endeavour to ensure the reliable and lasting functioning of the Website and the Services, but We cannot guarantee smooth and uninterrupted use of the Website and Services, nor can We guarantee that the Website or Services remain free from viruses, malfunctions or faults.
The Website and Services accessible over the internet may be affected by periods of temporary unavailability. From time to time, EPFL shall update the Website and Services, an action which shall render them inaccessible during a certain period.
If the User must access the Website and the Services before a specific deadline, he/she shall consider the risks of unavailability and shall be considered solely responsible for taking the necessary measures in order achieve access in advance.

5.3 Exclusion of liability

You use the Website and Services at your sole risk. EPFL endeavours to offer quality, up to date content in the training courses it provides. However, We do not guarantee that the content of the Website or the Services shall be constantly up to date, available, free from error or consistent with the User’s expectations.
If examinations are offered by EPFL or by a third-party, EPFL does not guarantee success, nor that they shall correspond to the training course content, nor that they shall be recognised by a third-party (academically, professionally or otherwise).
Within the limitations of the law, EPFL accepts no liability or responsibility. This exclusion of liability includes namely, but not exclusively, all prejudice as well as all indirect, special, consecutive, exemplary or punitive damages and interests, missed examinations, loss of profits, loss of income or loss of data.
The total liability of EPFL for any claim within the framework of the Contract and the use of the Services, including for all implicit guarantees, is limited to the amount that You have paid to Us for use of the Services over the course of the previous six (6) months.

6. Account, password and security

The User is responsible for the quality and confidentiality of the password chosen at the time of his/her registration, as well as for all activity generated through his/her password and account. The User shall keep the passwords given to him/her confidential and shall ensure that they are never shared with a third-party.
You agree to inform EPFL immediately of any fraudulent use of your password or your account and of any other breach of security, and You agree to close your account at the end of each session (logout).

6.1. Personal disk storage

You are solely responsible for the conservation and safeguarding of your data.
By the mean of this Website and Services, you get access to computing power (CPU, RAM and programming environments). You are solely responsible for maintaining copies and backups of your personal files (notebooks, scripts and other data). You understand that you have to make a fair usage of your personal disk storage, you understand that this Website and Services are targeted at teaching & learning and should not be used for processing large datasets. We provide an automated backup service for your personal disk storage and we reserve the right to delete your files as soon as you stop using this Website and Services for more than 6 months, especially if your account contains a large quantity of data.

7. Intellectual property

The Website and their Services, as well as their content, are protected by Swiss legislation relating to intellectual property, in particular copywrite and trademark laws. For the duration of your lessons, and provided that You respect the terms of the Contract, EPFL grants You a time-limited, personal, non-exclusive, non-sublicensable, non-transferable license to use the Services for non-commercial purposes. This license may be revoked at any time.
Unless expressly and specifically provided for, the present GTC grant You no right, title or interest with regards to the Services, trademarks, rights, logos and other elements of EPFL identity or that of any other third-party which may participate in relation to the Services.
Any use which would violate this license, namely use for commercial purposes or the distribution of lesson aids, shall result in the immediate and automatic cancelation of the Contract, without prejudice to any other rights (namely damages) which may be asserted by EPFL.

8. Privacy Policy

By using the Website and the Services, You agree to provide certain personal data, including Registration data and certain other information about You. EPFL agrees to collect and handle this data in accordance with the Privacy Policy available here.

9. Miscellaneous

EPFL’s failure to exercise or enforce any right or provision in the terms and conditions shall not constitute a waiver of such a right or provision.
If a provision of the Contract is found to be entirely or partially invalid, You nevertheless accept that the intentions, as reflected in the provision, shall be enforced to the greatest possible extent and that the other provisions of the Contract remain valid.
You shall not assign or transfer any of your rights or obligations, nor shall You subcontract the performance of your obligations. EPFL may assign or transfer any right or obligation, or may subcontract the performance of any of its obligations resulting from the Contract to a third-party at any time, without your express consent, as it is understood that your consent is provided through the present GTC.
The present GTC, as well as any document constituting the Contract, shall only be modified in writing. Use of electronic messaging is considered sufficient.

10. Jurisdiction and applicable law

The Contract and all resulting questions or questions in connection with it, including those relating to the use of the Website and the Services, shall be governed by and construed in accordance with Swiss law, without regard to conflict of law principles. You hereby agree that the courts of the district of Lausanne (Switzerland) shall have exclusive jurisdiction.

11. Contact

For all questions regarding the GTC, and to report any violation, please contact us at EPFL, Center for Digital Education, station 20, CH-1015 Lausanne.

Date of publication: 28th June 2022

1. Data which may be collected
2. Data use objectives
3. Cookies and web beacons
4. Sharing and transmission of data to third-parties
5. Data privacy and security
6. Transmission abroad
7. Right of access, rectification and opposition
8. Policy update
9. Contact
10. Exclusion of liability
11. Jurisdiction and applicable law

The Ecole Polytechnique Federal de Lausanne, 1015 Lausanne (Switzerland) (hereafter "EPFL" or "We") proposes access and use of the NOTO/Jupyter service (hereafter "Services") to users (hereafter "User" or "You"), namely via the websites https://noto.epfl.ch (hereafter individually or collectively the "Website"). These Services and the Website are governed by the General Terms and Conditions (hereafter "GTC").
Within the framework of your visit to the Website and use of its Services, EPFL may collect certain elements of your personal data from You. The present Privacy Policy (hereafter "Policy"), which shall remain applicable regardless of the means or materials used to access the Website and Services, sets out the conditions under which, when You use the Website or Services, EPFL shall collect, conserve, use and safeguard information about You, as well as the options available to You regarding the collection, use and disclosure of this information. The Policy constitutes an integral component of the GTC. You will find complementary information about your rights and how to exercise them under point 7.
By accessing the Website and/or using the Services, You acknowledge that You have read, understood and accepted that You are subject to all of the conditions laid down in the GTC and the Policy.
All terms which are not specifically defined in the Policy bear the same definition as is attributed to them in the GTC.

1. Data which may be collected

1.1 Data communicated by the User

When You register with the Website or interact in any other manner with EPFL within the framework of the Services, You may be requested to provide us with certain data, such as your personal address, professional address, invoicing information, login information, etc. either directly or via a pre-existing account (for example, SWITCH AAI) (hereafter "Registration data"). You may also freely provide supplementary information.

1.2 Usage data from the Website and Services

When You browse the Website or receive and/or consult our emails and interact with either of the above, or when You use certain Services, We shall use automatic data collection technologies to collect certain information regarding your actions. This includes data such as your IP address, the hyperlinks on which You click, the pages or the content that You view, the viewing duration and other similar information and statistics regarding your interactions, such as the content response time, loading errors and the duration of your visit to certain pages, the type of web browser used or the connection location, for example. These data are collected through automated technologies such as cookies (browser cookies, flash cookies) and web beacons. The information is also collected via external monitoring services (for example, Matomo).

1.3 Data from social networks

When You allow a third-party social network (such as Youtube, Facebook, etc.) to share and/or interact with us, We shall receive all data You have shared publicly on the third-party social network and data included on your profile. This may concern basic data relating to your account (for example, your name, your email address, your gender, your date of birth, your city of residence, your profile photograph, your username, your friend list, etc.) and all other information or activities that You have allowed the third-party social network to share.
We shall also receive data regarding your profile when You use a social network function integrated in the Website (such as Facebook Connect) or when You interact with us via a social network. To learn more about the manner in which We receive information about you from third-party social networks or to cease sharing your data on these social networks, We invite you to consult the terms and conditions of these social networks, for which we accept no responsibility.

1.4 Payment data

In order to pay fees, You shall transmit data to EPFL regarding your method of payment (banking preferences, name and account holder name, etc.). Payments by credit card are carried out via the stripe.com website and are governed by the conditions and the privacy policy applicable to this website, available at https://stripe.com/ch/legal and https://stripe.com/ch/privacy.

2. Data use objectives

The present article describes the aims for which We collect your data. All forms of data use are not applicable to all Users. It is to be noted that your data must be handled in accordance with the applicable legal framework as well as the relevant EPFL competences.

2.1 Service provision and Website management

We use your data to provide Services, to interact with You and to respond to your requests regarding the Website or Services. Your data may also be used with the aim of detecting fraud.

2.2 Benefits relating to surveys and statistics

With your consent or if the law allows us, We shall use your data to send You information regarding our Services in relation to studies and to the Website in general, to request your participation in surveys, namely statistic-based, or to develop a more direct relationship with You. Data related to Service use shall also be used on an aggregated basis in order to better understand the use of the Services and to improve their workings.

2.3 Identity verification

A participation certificate may only be awarded to a User whose identity has been verified. You may visit the Center for Digital Education in person or use an online service for this purpose. Identity verification is a service provided by a third-party and is governed by the conditions of this third-party. By using this service, You accept the conditions and allow EPFL to receive and handle the information transmitted by the third-party for the purpose of Your identity verification.

2.4 Personalisation

With your consent or provided the law allows us, We shall use you data to analyse your preferences and your User habits, to personalise your experience on our Website, and to optimise our Website and Services for You and your computer. We may also suggest content to You which better corresponds to your interests as a result.

3. Cookies and Web beacons

We may use cookies, Web beacons or similar technologies in order to identify You as a User and safeguard your personal preferences (language choice, for example), as well as technical information (including data such as click reports and path reports). We are using the Matomo software to this end. This allows us to simplify your access to the Services and to analyse the traffic and uses, and to identify malfunctions in the Website and Services. This also allows us to improve both your experience and the Website design and content.
Cookies are small pieces of information sent by a web server to a web browser, which allow the server to identify the browser on each page in a unique way. Other tracking technologies similar to Cookies are also used. They can include web beacons and tracking URLs. All these technologies are referred to as "Cookies" for the purposes of this policy.
If you do not wish to allow any type of Cookies, or if you only wish to allow certain Cookies, please refer to your browser settings. You can also use your browser settings to withdraw your consent to our use of Cookies at any time, and delete Cookies that have already been set. Please note that by deleting our Cookies or disabling future cookies, you may not be able to access some parts or functions of our websites.
To learn more about Cookies, you can visit www.allaboutcookies.org or www.youronlinechoices.eu where you can find more information about behavioural advertising and online privacy.

4. Sharing and transmission of data to third-parties

4.1 Subcontracting

EPFL may use subcontractors or service providers, particularly technical service providers, insofar as is necessary for the completion of the duties entrusted to them. As such, EPFL may call on service providers to manage and/or maintain the Website and the Services, for advertising purposes or to send messages from our account, to conduct research, and to monitor and analyse the status of our network, the response capacity of our services and the efficiency of our communication.

4.2 Transmission to third-parties

We may transmit your data to third-parties if the law or a request from a judicial or administrative authority so requires, in order to protect our rights or our interests, or to enforce the terms of the Contract.

5. Data privacy and security

Although complete security on the internet is not possible, We have implemented standard security measures (of a technical and organisational nature) in accordance with standard regulations, taking into account the risks involved in protecting information about You from any accidental or intentional manipulation, loss, destruction or communication, or from all non-authorised access.

6. Transmission abroad

Your data shall be primarily handled and stored in Switzerland or in the European Union. Should We request the services of a foreign service provider, We shall, of course, respect the applicable legal framework and shall adopt the measures required by law before commencing communications abroad.

7. Right of access, rectification and opposition

You have the right to be aware of the personal information held by EPFL about You. You also have the right to update, rectify and delete personal information about You. You have the right to oppose the handling of your personal data, subject to a legitimate reason.
You also have the right to oppose the use of your personal data for commercial prospection.
For technical reasons and pending their definitive deletion, data that have been collected through the Site (automatically or transmitted by You) may be stored and remain temporarily recorded even after termination of your account or closure of the Site, particularly in the case of backup systems. However, they will not be used. Anonymous information (namely including data collected through the use of cookies) may be conserved without limit.
If you wish to exercise any of these rights, please complete the form https://cipd.epfl.ch/en/individual-request/ and send it to the following address: cipd@epfl.ch. We may request that You provide proof of your identity (a copy of your identification card, for example).

8. Policy update

This Policy may be updated from time to time. We will therefore update the date at the top of this information notice accordingly. In some cases, we may also actively inform you of specific data processing activities or significant changes to this information notice, as required by applicable law.

9. Contact

For any request for information regarding our Policy, you may write to the Independent Data Protection Advisor, CIPD, at the following postal address: Ecole Polytechnique Fédérale de Lausanne, Station 4, CH 1015, Lausanne or by means of the website https://cipd.epfl.ch.

10. Exclusion of liability

For any prejudice or damages relating to your personal data that You incur in connection with the use of the Website, the Services or any other element in relation to the Contract, We expressly refer you to Article 5.3 of the GTC, “Exclusion of Liability”.

11. Jurisdiction and applicable law

The Contract and all resulting questions or questions in connection with it, including those relating to the use of the Website and the Services, shall be governed by and construed in accordance with Swiss law, without regard to conflict of law principles. You hereby agree that the courts of the district of Lausanne (Switzerland) shall have exclusive jurisdiction.