By registering for the EKA Open Academy’s training, the person confirms their agreement to the following training agreement terms and conditions.
ESTONIAN ACADEMY OF ARTS: CONTINUING EDUCATION ORGANIZATION AND QUALITY ASSURANCE PROCEDURE
Approved by EKA Senate regulation no. 1-25/7 of 10. October 2023
1. GENERAL PROVISIONS
1.1. This document establishes the basic principles for ensuring the organization and quality of continuing education at the Estonian Academy of Arts (hereinafter Academy) based on the provisions of subsections 7 (1–3) of the Adult Education Act.
1.2. At the Academy, continuing education is carried out by the Open Academy and other structural units. The Open Academy keeps account of continuing education and its quality.
1.3. Continuing education is subject to legal acts governing the field of education, including adult education, in the Republic of Estonia and the Academy’s own legal acts, including provisions of the valid Regulations for Organization of Study that do not specifically govern the organization of formal education.
1.4. At the Academy’s continuing education courses, studies take place in accordance with curricula based on the continuing education calendar published on the Academy’s website.
2. ORGANIZATION OF CONTINUING EDUCATION
2.1. Registration for continuing education course
2.1.1. Where not specified otherwise in the course description published on the Academy’s website, registration for continuing education course not in the form of a pre-Academy course is open to persons with at least a secondary or secondary special education who are proficient in the course’s language of instruction and meet the conditions set forth in the course description.
2.1.1.1. A person of active legal capacity who is at least 18 years of age shall register for a course themselves.
2.1.1.2. A person under the age of 18 who wishes to register for a pre-Academy course, meets the conditions set forth in the description thereof and is proficient in the course’s language of instruction shall be represented in the registration process (in conclusion of the contract) by their guardian.
2.1.2. Registration for continuing education course is through a registration link found in the course description on the Academy’s website.
2.1.3. The cost of the continuing education course (course fee)is specified in the course description and of this the registration fee specified in the description must be paid immediately, which shall be at least 75 euros for a course of up to 79 hours and at least 250 euros for a course of 80 or more hours. The remaining part(s) of the course fee shall be paid on the basis of invoice by the payment deadline specified on the invoice, making note of the invoice number in the payment details. If the invoice is paid by a third party for the person who registered for the course, the name of the person being registered for the course shall also be noted in the payment details.
2.1.4. The course fee may be paid only by transfer.
2.1.5. The person who was registered for the course (person) shall be sent a registration confirmation by email confirming the successful registration and entry into force of the education contract.
2.1.6. Through registration for the course, the person shall be deemed to have accepted the conditions of this procedure, and the education contract between the person and the Academy (contract) shall be deemed to have been concluded and entered into force as of the sending, by the Academy, of the letter of confirmation specified in clause 2.1.5 to the person registered for the course.
2.2. Withdrawal from the contract and later discontinuation of continuing education course, including interruption of participation in the continuing education course.Extraordinary cancellation of education contract by Academy
2.2.1. The person has the right to withdraw from the contract within 14 calendar days of entering into the contract. To exercise the right of withdrawal, they must send the Academy a notice of discontinuation of continuing education course to the email address specified in the course description.
2.2.2. The right of withdrawal set forth in clause 2.2.1 shall not apply to contracts where the continuing education course agreed in the contract begins during the withdrawal term specified in this clause.
2.2.3. If the person notifies the Academy of withdrawal from contract in accordance with procedure specified in clause 2.2.1, the Academy shall refund the course fee (registration fee) within 14 calendar days of the working day following the day on which the notice of discontinuation was received by the Academy.
2.2.4. The Academy has the right not to refund the paid course fee, retaining it as a compensation to cover expenses incurred on preparation and provision of the course, if the person notifies the Academy of withdrawal from contract:
2.2.4.1. at a time when at least 14 calendar days have passed since the contract was concluded but at least eight calendar days remain until the start of the course. In that case, the Academy will retain 75 euros as compensation for a course of up to 79 hours and 250 euros for a course of 80 or more hours.
2.2.4.2. at a time when less than seven calendar days remain until the course start date. In that case, 75% of the course fee must be paid or the Academy shall refund to the person the part of the paid course fee in excess of 75% of the course fee;
2.2.4.3. later than the time specified in the previous clause, including on the course start date, or fails to notify of withdrawal from the contract at all and does not show up for the course or interrupts participation while the course is in progress. In that case, 100% of the course fee must be paid.
2.2.5. If the Academy has incurred the right to not refund the course fee in full, but the registered person has not yet paid the course fee, the Academy has the right and the person the obligation to pay to the Academy compensation in the amount specified in the previous clause.
2.2.6. In case of emergence of an unforeseen circumstance that affects the form of the course (e.g. pandemic) the Academy has the right to make the studies completely web-based. A change in the format of the course shall not result in changes to the terms and conditions of the contract; among other things, the person registered for the course shall not have the right to withdraw from the contract.
2.2.7. The provisions of the subclauses of clause 2.2.4 shall not be applicable if the person is unable to participate in the course due to valid health reasons. The existence of such a reason must be reliably substantiated. If said reason emerges during the course, the person must pay the compensation specified in clause 2.2.4.1 and the fee prorated according to the hours in which they participated. The remainder of already paid course fees shall be refunded by the Academy to the person.
2.2.7. The Academy has the right to cancel the education contract extraordinarily by way of declaration of cancellation on legitimate grounds set forth in legislation and this document, including if the course participant fails to comply with the requirements set as a precondition for course participation and in the event of force majeure circumstances.
2.3. Formation of study group
2.3.1. The Academy shall form, on the basis of the order of registration or other principles set forth in the course description, a study group of the persons registered for the course who meet the conditions stated in the course description (such as proficiency in the language of instruction) and who have paid the course fee.
2.3.2. Before the start of studies, the Academy shall send to all persons accepted to a study group a confirmation to that effect and detailed organizational information. It shall be sent by email to the address the person provided upon registering for the course. If a person who registered for the course is not sent confirmation within two days of submission of an application for registration, the education contract shall be considered not to have been concluded.
2.3.3. If the number of people registered for the course exceeds the maximum size of the study group, the Academy has the right to decide whether to increase the size of the study group, form more than one study group or exclude the persons registered last from the study group.
2.4. Cancellation of continuing education course
2.4.1. If not enough persons register for the study group, the Academy has the right to cancel the course or postpone it until the study group is filled.
2.4.2. If the Academy cancels the continuing education course, the Academy shall refund the course fee to the person or a third party who paid the course fee on behalf of the person.
2.4.3. If the Academy postpones the continuing education course until the study group is filled, it shall notify the registered persons of the new course date by email. If the new time is not suitable for the person, the person has the right to withdraw from the contract and be refunded the course fee by the Academy.
2.5. Exclusion from continuing education course
2.5.1. The Academy has the right to exclude persons from the continuing education course and immediately cancel the contract if the person is in violation of the Academy’s Regulations for Organization of Study, including in a case where they have behaved in an undignified manner at a course (e.g. violating generally recognized behavioural norms) or violated obligations arising from legal acts and/or academic traditions.
2.5.2. In a case specified in clause 2.5.1, the Academy shall send a notice to that effect by email and the course fee shall not be refunded.
2.6. Issuance of continuing education course certificates
2.6.1. If the Academy assessed the achievement of learning outcomes at the course and the person achieved them, the Academy shall issue the person a certificate of completion of continuing education course.
2.6.2. If the Academy did not assess the achievement of learning outcomes at the course or the person did not achieve them, the Academy shall issue the person a certificate of participation in the continuing education course.
2.7. Rights and responsibilities of the person
2.7.1. The person has the right:
2.7.1.1. to receive from the Academy information on the content and organization of study;
2.7.1.2. to take part in the educational activity set forth in the curriculum;
2.7.1.3. to receive the study materials set forth in the curriculum;
2.7.1.4. to use the Academy library;
2.7.1.5. to receive, on the basis of the valid procedure, documents certifying participation and completion of the continuing education course.
2.7.2. The person has the responsibility:
2.7.2.1. to pay for the continuing education course on conditions set forth in this procedure;
2.7.2.2. to fulfil the requirements of the curriculum while taking the course;
2.7.2.3. to adhere to the Regulations of Organization of Study in force at the Academy;
2.7.2.4. to abide by generally recognized academic behavioural norms and practices and the requirements established in the Academy’s building;
2.7.2.5. to give the Academy written feedback on the course, at the Academy’s request;
2.7.2.6. to perform other conditions of the contract.
3. PRINCIPLES OF ENSURING QUALITY OF CONTINUING EDUCATION
3.1. In ensuring the quality of continuing education, the Academy proceeds from the European higher education continuing education quality framework.
3.2. The Academy’s activities in regard to ensuring quality of continuing education:
3.2.1. developing systematically continuing education programmes and curricula, involving representatives of stakeholders in the process;
3.2.2. involving professional trainers in the educational process and supporting their professional development;
3.2.3. constantly improving the learning environment, academic forms and methods, and organization of study;
3.2.4. analysing the educational process, organization of study and curricula once a year;
3.2.5. developing internationalization of continuing education.
3.3. Ensuring quality of curricula
3.3.1. The basic document of studies is the curriculum. The curriculum is prepared on the basis of the requirements of the Adult Education Act, the Continuing Education Standard and the relevant professional standard.
3.3.2. The curriculum shall define:
3.3.2.1. the name of the curriculum in Estonian and English;
3.3.2.2. curriculum group;
3.3.2.3. head of curriculum;
3.3.2.4. data on approval of the curriculum;
3.3.2.5. curriculum volume, including the share of classroom study, practical study and independent study;
3.3.2.6. language of instruction;
3.3.2.7. objective of curriculum;
3.3.2.8. learning outcomes in Estonian and English;
3.3.2.9. conditions for commencing study if they are a precondition for achieving learning outcomes;
3.3.2.10. qualification of the course supervisor, description of learning or work experience;
3.3.2.11. description of the learning environment;
3.3.2.12. list of study materials if study materials are required for passing the curriculum;
3.3.2.13. content of study;
3.3.2.14. requirements for completion of the curriculum and documents to be issued upon completion.
3.3.3. In the course of developing the curriculum, a head of curriculum is appointed who takes responsibility for substantive quality of continuing education.
3.3.4. A curriculum with a volume of more than 80 academic hours shall be approved by the Academy Senate.
3.4. Measures for ensuring quality of supervisors related to continuing education
3.4.1. A supervisor shall have higher education in the speciality and/or work experience in the field of instruction and is recommended to possess certification as adult education trainer or teacher.
3.4.2. The quality of the supervisor’s work shall be evaluated by the Academy on the basis of feedback from students and if necessary, on the basis of the supervisor’s self-assessment.
3.5. Measures for ensuring quality of learning environment
3.5.1. The continuing education course shall be held in premises suitable for that purpose, where there are the resources necessary for teaching and study.
3.5.2. The premises, equipment and study resources shall meet occupational health and safety requirements.
3.6. Gathering feedback regarding study
At the end of the continuing education course, the course organizer shall collect feedback from the learners and supervisor and on that basis, institute changes in the content and organization of the course and plan curricular development.
4. PROCESSING OF PERSONAL DATA
4.1. Controller and processor of personal data
4.1.1. The controller of personal data is the Estonian Academy of Arts (registry code 74000624, address Põhja pst 7, 10412 Tallinn, telephone +372 626 7301, email artun@artun.ee). At the Academy, matters related to personal data processing shall be resolved by the data protection specialist (email andmekaitsespetsialist@artun.ee).
4.1.2. The processors of personal data are Maksekeskus AS (registry code 12268475, address Niine 11, 10414 Tallinn), AS LHV Pank (registry code 10539549, address Tartu mnt 2, 10145 Tallinn), AS SEB Pank (registry code 10004252, address Tornimäe 2, 15010 Tallinn) and Swedbank AS (registry code 10060701, address Liivalaia 8, 15040 Tallinn), to which the Academy shall send the payment data of the persons. The Academy sends personal data to the data processor on the basis of contract concluded with the processor. In processing personal data, the processor is obliged to ensure appropriate protection measures. In addition, personal data may be sent to other processors, if this is necessary for ensuring functionality of the registration environment or data hosting.
4.2. Legal basis for processing personal data
4.2.1. The legal basis for processing personal data is a contract concluded with the person upon registration.
4.2.2. By registering for the course, the person grants consent for the following:
4.2.2.1. processing their personal data on the basis of this procedure and the Personal Data Protection Act;
4.2.2.2. if desired, receiving course offers by email and telephone;
4.2.2.3. taking photos and videos of the continuing education course and using them in the manner set forth in this procedure.
4.3. Personal data to be processed and objective of processing personal data
4.3.1. Processing of personal data is any action performed on personal data, including one or more of the following: collection, storing, organizing, filing, editing and publication, allowing access, performing queries and making excerpts, use, transmission, cross-use, merger, closure, erasure or destruction, regardless of the means of performing these actions and the equipment used.
4.3.2. The Academy processes the following personal data:
4.3.2.1. name, personal identification code, telephone number and email address;
4.3.2.2. bank account number;
4.3.2.3. cost of services and data related to payments (purchase history);
4.3.2.4. data on applications and requests made by the person;
4.3.2.5. IP address or other network identifiers for the user of the registration environment;
4.3.2.6. photos, videos and other recordings made of the courses.
4.4. The Academy processes personal data in order to:
4.4.1. identify the person;
4.4.2. perform obligations to the person assumed under the contract;
4.4.3. communicate with the person, including sending notices and, if desired by the person, course offers;
4.4.4. administer and analyse the customer database for the purpose of improving quality, availability, selection of continuing education courses and making the best course offers;
4.4.5. prepare overviews of the courses and analyse course preferences;
4.4.6. conduct satisfaction surveys;
4.4.7. ensure the performance of payment obligations under contract, including issuing claims upon application of legal protection remedies set forth in legislation;
4.4.8. provide registration environment service and keep web usage statistics;
4.4.9. advertise the Academy’s continuing education courses and disseminate course information to the public;
4.4.10. make personalized offers to the person on the basis of the personal data and analysis of courses purchased.
4.5. Retention of and access to personal data
4.5.1. Personal data for which legal acts do not specify longer retention terms shall be retained until the expiry of statute of limitations on potential claims. Data necessary for accounting shall be retained for at least seven years.
4.5.2. Personal data shall be kept in Academy servers located on the territory of an EU member state or states party to the EEA. Data may be sent to countries where the level of data protection has been deemed adequate by the European Commission and to companies in the US that have joined the Privacy Shield Framework.
4.5.3. Personal data shall be accessible by Academy staff engaged in performance of education contracts, administration of the course purchase history, resolution of persons’ applications and requests and resolution of technical issues related to the registration environment.
4.5.4. The Academy shall apply appropriate physical, organizational and IT security measures to protect personal data from accidental or unlawful destruction, loss, modification or unauthorized access and publication.
4.6. The person’s rights
4.6.1. The person whose personal data are processed by the Academy has all rights arising from the Personal Data Protection Act, including the right:
4.6.1.1. to receive information about personal data concerning themselves within 14 working days of submission of a written request to the Academy;
4.6.1.2. to demand that incorrect data be corrected;
4.6.1.3. to rescind consent regarding processing of personal data if the personal data are processed on the basis of the person’s consent, e.g. to prohibit use of their contact details for sending of advertising and offers;
4.6.1.4. to demand cessation of processing of personal data if this is not permitted on the basis of legislation;
4.6.1.5. to demand erasure of personal data. The Academy shall review applications for erasure within 30 days and in the response, shall clarify the interval of time for erasure of the data;
4.6.1.6. to apply for transfer of personal data sent by email. The Academy shall review applications for transfer within 30 days. The Academy shall identify the person and notify them which data will be transferred;
4.6.1.7. to turn to the Academy, Data Protection Inspectorate or court if the person believes that their rights have been violated during the processing of their personal data.
4.6.2. To exercise the said rights, the person must turn to the Academy’s data protection specialist by email, andmekaitsespetsialist@artun.ee.
4.7. The Academy has the right:
4.7.1. to check the personal data published by the person and supplement them with data that have available from public sources and other sources accessible on a legal basis;
4.7.2. to publicly disclose data related to persons, including personal data, for the purpose of performance of obligations set forth in legislation. The Academy shall not alienate, lease or otherwise place personal data into the use of third parties;
4.7.3. to retain all notifications and orders from persons given over communication devices (email, telephone etc.) and if necessary, to use them to substantiate procedures;
4.7.4. to prepare photo and video materials from the courses.
4.8. Resolution of disputes
4.8.1. Disputes related to processing of personal data are resolved through the Academy’s data protection specialist. If a solution cannot be achieved, the person has the right to turn to a supervisory authority or court.
4.8.2. The supervisory authority is the Data Protection Inspectorate (email info@aki.ee).
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Intellectual property rights are regulated in general terms by the document “Estonian Academy of Arts procedure for administration of intellectual property. Ownership and exercise of copyright to work created during studies and disposition of economic rights”. Aspects related to intellectual property are set forth in detail in the contract or written agreement between the person and the Academy.
5.2. The Academy has the right:
5.2.1. to use, for promoting the Academy, its services, events etc., photographs, videos and recordings in other formats made of the works created by the person in the course;
5.2.2. to take safekeeping of the person’s works, incorporating them into its methodological collection or documenting them in the relevant lists.
5.3. The person has the responsibility:
5.3.1. no to infringe on the rights of other authors or third parties concerned in creating works at the continuing education course and upon use, alienation and/or granting use of copyrights incurred as a result of creation of a work;
5.3.2. request permission from the Academy and co-author(s) for publication of their work created in the continuing education course. As to how the data for the author(s) is to be noted in publication of the work, the person must agree separately with the other author(s) on each occasion;
5.3.3. to publish the work created in the continuing education course under any circumstance and each time accompanied by the notation “Work created in the course of study under the supervision of an Estonian Academy of Arts supervisor)”;
5.3.4. not to infringe on the rights of authors of study materials received in the course of study. It is prohibited to publish, forward and distribute the public study materials (including by uploading to the internet and/or transmitting it) to persons not involved in the study and other persons unless the author of the study material has provided clear and explicit consent for this. This consent can be given personally or in general (e.g. with a notation on the study material), including by the author themselves publishing the material on the internet to an unlimited number of persons. Only the author and persons authorized thereby have the right to process study material that is not considered in the public domain and is copyright protected.
6. OTHER PROVISIONS
6.1. The Academy and person shall exchange messages related to the contract by email.
6.2. A claim arising from non-performance of contract shall be set forth in writing or a manner reproducible in writing.
6.3. A dispute arising from contract shall be resolved by way of negotiations. If an agreement is not reached, the dispute shall be adjudicated in Harju County Court.
By registering for a continuing education course, the person confirms that they have read this procedure and understood it in full and undertakes to fulfil the continuing education course curriculum and contract on the basis of the provisions in this procedure, abiding by the legal acts referred to therein.