Service Description SWITCHvideoconf
Effective 22 October 2018
- Contract Partners: In this document, Contract Partners are persons who have concluded a contract with SWITCH for services, but are not Organisations as that term is defined above.
- End Users: In this document, End Users are members of an Organisation (notably employees, researchers, lecturers and students) who use a SWITCH service directly or indirectly through an Organisation.
- Extended SWITCH Community: Organisations that are closely related to the SWITCH Community, notably university policy organisations, academies, funding institutions, libraries and hospitals, as well as private research facilities and schools in the tertiary sector that are not part of the SWITCH Community.
- Organisation: An organisation within the SWITCH Community or the Extended SWITCH Community.
- Product: SWITCHvideoconf is based on the Vidyo® software, which is operated by the European Organization for Nuclear Research (CERN).
- SWITCH Community: The Organisations in the field of education and research that are affiliated with SWITCH (in accordance with the Appendix to the Regulations on the Purchase of SWITCH Services, as amended from time to time).
- Scale of Charges: Periodically adjusted schedule that applies to Organisations in the SWITCH Community for the purpose of purchasing SWITCH Services.
2 Overview and Purpose
SWITCHvideoconf offers every End User a personal, virtual room for video conferences. Using SWITCHvideoconf, End Users can easily hold high-quality video conferences without needing specially equipped rooms for this purpose. Participants can join the End User's video conference directly through their computer, tablet or mobile telephone. Access is also possible through videoconferencing room equipment or by telephone.
3 Functionality and Components of the Service
SWITCHvideoconf enables End Users to hold high-quality video conferences without needing specific videoconferencing room equipment for this purpose.
SWITCHvideoconf is based on the Vidyo® software, which is operated and made available by the European Organization for Nuclear Research (CERN). Due to the close cooperation with CERN, considerable capacity is available. Thanks to the direct link to the SWITCHlan network operated by SWITCH, there is practically unlimited bandwidth to the Swiss universities.
As all the servers are located exclusively in Switzerland, the SWITCHvideoconf data traffic between Swiss End Users and participants remains in Switzerland.
In order to use the service, End Users must install the relevant Vidyo® software client on their PC or mobile device. Thereafter, End Users can register on SWITCHvideoconf using their SWITCHaai login.
The first time they log in through SWITCHaai, the End Users receive their own personal virtual room in which they can hold video conferences. In their virtual room End Users can invite other participants to a video conference through an automatically generated email link. The following devices may be used to join the video conference:
- personal computer
- mobile device (mobile telephone or tablet)
- videoconferencing room equipment
- telephone (without video reception)
The End Users are responsible for their personal virtual rooms. They must protect them with a PIN and close them after ending the video conference.
SWITCHvideoconf is available for all Organisations/Contract Partners who have SWITCHlan and who have subscribed to SWITCHinteract. SWITCHvideoconf is offered to organisations as a bundled package along with SWITCHinteract. This means that there are no additional costs for organisations that wish to use SWITCHvideoconf. However, SWITCHvideoconf must be specifically ordered by the organisation that wishes to use the service.
Overview of services:
- video and audio transmission in HD quality
- data traffic in Switzerland (for Swiss participants)
- connection of participants with different end devices
- advice and technical support for IT departments
4 Contact Information and SWITCHvideoconf Helpdesk
Support requests or specific enquiries about SWITCHvideoconf may be addressed at any time via email to email@example.com or, during office hours, by phone to +41 44 268 15 04.
5 Service Level/Support Services
SWITCHvideoconf is generally available for use 24 hours a day, seven days a week, except in the case of breakdowns that adversely affect the service. During its normal business hours, SWITCH undertakes to initiate or execute, as applicable, measures to remedy service disruptions and malfunctions.
Normal business hours are on weekdays (Monday to Friday) from 8:00 a.m. to 5:00 p.m., excluding federal, cantonal and municipal holidays in Zurich, as well as the days between 24 December and 2 January, inclusively. Depending on the urgency of the matter, SWITCH may, at its own discretion, take measures to maintain good service quality outside these times as well.
6 Usage Data Collection
SWITCH collects data on the use of SWITCHvideoconf by End Users of the Organisation. This is done on a per-Organisation basis where possible. SWITCH provides the organisations with anonymised statistics regarding the use of SWITCHvideoconf.
7 Instructions for End Users
End Users undertake to protect their personal virtual room on SWITCHvideoconf with a PIN and to close the virtual room as soon as the video conference has ended.
8.1 Applicable Provisions
The following provisions, as amended from time to time, apply to the use of SWITCHvideoconf by the Organisations and End Users:
- For Organisations in the SWITCH Community and for End Users who are members of an Organisation in the SWITCH Community:
In case of discrepancies, this Service Description shall take precedence over the Scale of Charges, which in turn shall take precedence over the Regulations.
- For Organisations in the Extended SWITCH Community and for End Users who are members of an Organisation in the extended SWITCH Community:
- the General Terms and Conditions for the Use of the SWITCH Services (hereinafter: General Terms and Conditions)
- the Service Agreement
- the End User License Agreement of Vidyo®
In case of discrepancies, this Service Description shall take precedence over the Service Agreement, which in turn shall take precedence over the General Terms and Conditions.
SWITCH may modify this Service Description at any time. Any modification of the Service Description shall be duly reported to the Organisations and the End Users and, barring objection, shall take effect within 30 days after the date of notice of the modification.
Any objection shall result in termination of the Agreement.
8.2 Data Protection and Data Security
8.2.1 Data Processing by SWITCH
In terms of processing personal data, SWITCH shall abide by the Regulations or the General Terms and Conditions, as applicable and as amended from time to time. The data storage facility of the personal data processed by SWITCH is located in Switzerland. The personal data will not be disclosed to third parties, except as specified in Section 8.2.2.
In addition, SWITCH generates anonymised statistics for the Organisations and Contract Partners. The foregoing shall be without prejudice to cases of abuse.
8.2.2 Cooperation with Third Parties Domestically or Abroad
SWITCH may involve persons and companies from Switzerland or abroad in order to provide the service, in particular for support purposes, and grant them access to servers and data, subject to compliance with the Regulations or the General Terms and Conditions, as applicable, of SWITCH. SWITCH concludes contracts with all subcontractors that guarantee a level of data protection equivalent to this Service Description.
In order to provide the SWITCHvideoconf service, SWITCH works with the following companies, which may be able to access personal data:
- CERN (1211 Geneva 23): The usage statistics of SWITCHvideoconf are generated in collaboration with CERN. CERN may only disclose data concerning the usage of SWITCHvideoconf to SWITCH.
SWITCH will inform the Organisation/Contract Partner before involving a new subcontractor that may be able to access personal data. The Organisation/Contract Partner is entitled to object in writing to the involvement of a subcontractor/contractual partner. Any objection shall result in termination of the Agreement.
8.2.3 Access to Employee Data
When data is transferred to SWITCH for processing, occasions may arise where, for operational reasons, an Organisation/Contract Partner requires access to data that was stored by an Organisation/Contract Partner employee who cannot be reached.
In such cases, the Organisation/Contract Partner must provide detailed and comprehensible evidence that it is entitled to access the relevant data. Where such evidence is not clear and unambiguous, or where an unacceptable liability risk remains for SWITCH for any other reason, SWITCH may refuse to provide such access.
8.2.4 Data Security
SWITCH protects personal data against unauthorised processing through appropriate technical and organisational measures. These measures include inter alia:
- access restrictions
- restrictions on physical access (e.g. servers structurally protected against third party access)
- data encryption during data transfer and/or storage
- secure system configuration
- protection against malware
- measures to protect against data loss
- physical protective measures
- personal controls
- measures to ensure the processing of substantively correct data (e.g. plausibility controls)
- measures to limit the purpose for which data are used (e.g. data fields indicating the purpose)
- measures to ensure proportionality (e.g. functions for data avoidance or the automatic erasure of data that are no longer required)
- regulations and directives
- instructions and handbooks
- the consideration of data protection concerns when defining operational processes
- the planning, creation and allocation of tasks, competences and resources
8.3 Permitted Use of the Service
8.4 Unauthorised Use of the Service
Any unauthorised use of the service is subject to the provisions of the Regulations or the General Terms and Conditions, as applicable and as amended from time to time.
The Organisations/Contract Partners of which the infringing End Users of the service are members may be held responsible or fully liable, as the case may be, together with the End Users, for all losses incurred by SWITCH or any third party as a result of the unauthorised use of the service by its End Users.
Upon first request by SWITCH, the Organisation/Contract Partner of which the infringing End User is a member shall, at its own expense, defend against any and all claims brought by third parties against SWITCH in connection with the unauthorised use of the service. The Organisation/Contract Partner of which the infringing End User is a member shall assume jointly and severally the costs, licence fees and/or liability for damages imposed on SWITCH by court order or settlement, insofar as SWITCH has informed the affected Organisation/Contract Partner in writing as regards the claim brought and has authorised the organisation/contract partner, in accordance with the applicable procedural law, to conduct and settle the legal dispute, including by way of an in-court or out-of-court settlement.
SWITCH reserves the right, in the event of a reasonable suspicion that SWITCHvideoconf has been used in a manner contrary to law or the contract, to immediately cancel the virtual rooms concerned and/or to temporarily block or permanently exclude the registered end users concerned, without prior notification to the affected End Users or Organisations/Contract Partners and without the respective End Users or Organisation/Contract Partners being entitled to any claims for compensation on account thereof.
In addition, in order to ensure orderly operation, SWITCH may request registered End Users at any time, inter alia, to reset the PIN of their virtual room and/or to close up the room, even if there is no suspicion of unauthorised use.
End Users and their Organisations/Contract Partners are obligated to support SWITCH in investigating incidents of unauthorised use, the elements constituting the crime and other loss events.
SWITCH further reserves the right, in all cases where SWITCH is required by law or otherwise deems it appropriate to do so, to collaborate with the responsible government authorities and to provide them with all information necessary to prosecute the legal offences in question.
SWITCH's warranty is subject to the provisions of the Regulations or the General Terms and Conditions, as applicable and as amended from time to time, in connection with the service level warranted in chapter 5.
SWITCH's liability to the Organisations in the SWITCH Community shall be governed by the provisions of the Regulations, as amended from time to time. SWITCH shall not be liable in any way for the lawful use of the service.
SWITCH's liability to the Organisations in the Extended SWITCH Community and to the Contract Partners shall be governed by the Provisions of the General Terms and Conditions, as amended from time to time. SWITCH shall not be liable in any way for the lawful use of the service.
SWITCH's liability to End Users and third parties who use its service other than under contract with SWITCH but with the consent of the Organisation or the Contract Partner is hereby waived except where prohibited by law.
The Organisations, Contract Partners and End Users shall be jointly and severally liable to SWITCH to the extent permitted by law for losses incurred by SWITCH as a result of the unauthorised use of the service, as well as for other indirect losses.