The website www.luxinnovation.lu (the “Website”) is operated by Luxinnovation GIE incorporated under the laws of the Grand-Duchy of Luxembourg and registered with the Luxembourg Trade Register under number C16, whose registered office is at 5, Avenue des Hauts Fourneaux L-4362 Esch-sur-Alzette (“LXI” or “we“).
Any Website User making use of the information, documents, and various services offered by the Website, is deemed to have read and accepted all the terms and notices of these Terms & Conditions. Other legal notices may interest you. We invite to read too our Privacy Policy and our Cookies Policy.
Luxinnovation feeds its website to promote its services and offers an integrated, personalized, and free service package to companies of all sizes, research laboratories, and innovative start-ups, regardless of their industry.
1. DEFINITIONS
“Account“: the account created on the Website by a user wishing to use our services (event, newsletter, etc.);
“Applicable Laws” means all laws, regulations and other requirements applicable in the Grand Duchy of Luxembourg, as amended;
“Data Protection Laws” means any data protection law applicable in Luxembourg from time to time (including but not limited to the GDPR and the Luxembourg law of 1st August 2018 on the organization of the National Commission for Data Protection and the general regime on data protection, as may be amended or replaced);
“Force Majeure Event” means any unforeseeable, irresistible and exceptional condition or event beyond the Parties’ reasonable control which prevents the affected Party from performing its obligations under the Terms and Conditions in whole or in part, arising from acts, events, omissions or non-events beyond its reasonable control, including power outages, third party technical malfunctions, epidemic, pandemic, quarantine, riots, war, acts of terrorism, fire, flood, storm, or earthquake and any disaster;
“GDPR” means the Regulation n°2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data;
“Identifiers“ : the User’s login details allowing him/her/it to connect to the Account and access the services proposed by Luxinnovation;
“Intellectual Property Rights” means, without limitation and where applicable, all present and future patents, utility models, ideas and rights to inventions (whether or not patentable or reduced to practice), improvements, all copyright and neighbouring rights (including without limitation moral rights, as well as the rights of reproduction, distribution, communication to the public, renting and lending), trademarks (whether registered and unregistered), service marks, rights in designs or models (whether registered or unregistered), brand names, product names, logos, slogans, trade names, company names and reputation, domain names, database right, rights in confidential and/or proprietary information (including without limitation know-how and trade secrets), rights in software (including without limitation algorithms, application programming interfaces, source, executable and object code, apparatus, circuit designs and assemblies), network configurations and architectures, concepts, marketing and development plans, methods and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
“Parties” means Luxinnovation, and the User;
“Services” means all services provided by Luxinnovation on the Website
“Services” means all services provided by Luxinnovation on the Website
“User Data” means all data, documentation, content or information submitted by or on behalf of the User when creating an Account.
2. SUBJECT
2.1. The purpose of these Terms and Conditions is to define the relationship between Luxinnovation and the Users in relation to the Website and to set the conditions and terms of use.
2.2. The User who creates account and accepts these Terms and Conditions will be able to access the Website and to benefit from its functionalities and the Services provided by Luxinnovation (Create an account, subscribe to our Newsletter, contact us, register for our event or send us a spontaneous application).
3. OBLIGATIONS OF THE USER
3.1. Access to the Website is via Internet, User declares to know the risks and to accept them. He must protect himself against the effects of computer piracy by adopting an appropriate and secure computer configuration.
3.2. Luxinnovation can’t be held liable for any damage that the user may suffer directly or indirectly in connection with his navigation on this site and the use of its services as well as the Internet sites. to which it refers.
3.3. Use of the site is free.
4. INTELLECTUAL PROPERTY
4.1. Luxinnovation retains its ownership of the Website (architecture, texts, titles, photography, graphics, animations, sounds, images, illustrations, layout, etc.), as well as all related Intellectual Property Rights and copyright.
4.2. The user is only authorized to view, download and print forms without prior request.
4.3. The reproduction of all types of content of the Website is only authorized, provided the source is acknowledged. Under no circumstances can these types of content be sold or rented for consideration.
4.4. Any modification, transformation or adaptation, total or partial, of the aforementioned types of content is prohibited.
4.5. Users who reproduce content from the portal undertake not to make use of it contrary to human dignity and respect for the person.
4.6. The rights implicitly or explicitly granted to you above constitute an authorization to use and in no case a transfer of rights, property or otherwise relating to this portal.
5. LIABILITY AND LIMITATION
5.1. Luxinnovation will best ensure maximum availability of this site. However, it cannot be held liable in the event of temporary partial or total unavailability of the site.
5.2. Luxinnovation will do its best to ensure the accuracy of the information contained on the site and possibly published online via other communication channels. However, its responsibility could not be retained in particular, in the event of inaccuracies, gaps or errors in the information provided on this site, in particular in the event of omission to update information or a form. or in the event of system manipulation or encoding errors. Indeed, the objective is to disseminate accurate and up-to-date information, but Luxinnovation cannot however avoid all risk of material error. The information published on this site does not constitute a commitment on the part of Luxinnovation and may not be exhaustive.
5.3 The information that appears on this site is related to the missions and activities of Luxinnovation It is not intended to take into account personal or specific circumstances and therefore cannot be considered as individual advice intended for the user. If the user needs advice, specialized or not, he is invited to consult the competent services via the Luxinnovation contact form .
6. DATA PROTECTION
Information is detailed in the Privacy policy
6.1 Luxinnovation acting as data controller.
6.1.1. In accordance with the provisions of the Data Protection Laws, Luxinnovation acting as data controller, collects stores and processes by electronic or other means the data supplied by the Users at the time of the creation of their Account for the purposes outlined below.
6.1.2. The data processed includes the name, employer, professional email address and phone number, project title, login and password (the “Personal Data”) of the User and/or the User’s representative (the “Data Subjects”).
6.1.3. The Data Subjects may, at their discretion, refuse to communicate the Personal Data to Luxinnovation. In this event however the Data Subjects will not be able to create the Account to access to our services.
6.1.4. Personal Data supplied by the Data Subjects are processed by Luxinnovation in order to create and manage the Users’ Account and to manage the relationship between Luxinnovation and the User.
6.1.5. The Personal Data may also be processed by the Luxinnovation’s data recipients (the “Recipients”) which, in the context of the above mentioned purposes. The Recipients may, under their own responsibility, disclose the Personal Data to their agents and/or delegates (the “Sub-Recipients”), which shall process the Personal Data for the sole purposes of assisting the Recipients in providing their services to Luxinnovation and/or assisting the Recipients in fulfilling their own legal obligations.
6.1.6. The Recipients may be located either inside or outside the European Economic Area (the “EEA”).
6.1.7. The Recipients and Sub-Recipients may, as the case may be, process the Personal Data as data processors (when processing the Personal Data on behalf and upon instructions of Luxinnovation and/or the Recipients), or as distinct data controllers (when processing the Personal Data for their own purposes, namely fulfilling their own legal obligations).
6.1.8. In accordance with the conditions laid down by the Data Protection Law, the Data Subjects acknowledge their right to:
• access their Personal Data;
• correct their Personal Data where it is inaccurate or incomplete;
• object to the processing of their Personal Data;
• restrict the use of their Personal Data;
• ask for erasure of their Personal Data;
• ask for Personal Data portability.
6.1.9. The Data Subjects may exercise their above rights by writing to Luxinnovation at the following address: 5, avenue des Hauts-Fourneaux, L-4362 Esch-sur-Alzette dpo@luxinnovation.lu
6.1.10. The Data Subjects also acknowledge the existence of their right to lodge a complaint with the Commission Nationale pour la Protection des Données (the “CNPD”) at the following address: 15, Boulevard du Jazz, L-4370 Belvaux, Grand-Duchy of Luxembourg.
6.1.11. Personal Data shall not be retained for periods longer than those required for the purpose of their processing subject to any limitation periods imposed by law.
6.2. Luxinnovation acting as data processor.
6.2.1. The User acting as data controller authorizes Luxinnovation to collect, store and process, as data processor, the Personal Data for the provision of its Services to be rendered hereunder to the User upon its specific or general instructions. Unless prior written authorization of the User has been obtained, Luxinnovation shall process the Personal Data as data processor for such purposes only.
6.2.2. When acting as a data processor in relation to Personal Data provided by the User, Luxinnovation shall:
• only Process the Personal Data on the User’s documented instructions (whether in the Terms and Conditions or otherwise), unless required by EU or Member State law to which Luxinnovation is subject, in which case, Luxinnovation shall to the extent permitted by such law inform the User of that legal requirement before the relevant processing of such Personal Data. Subject to compliance with the present clause and the Data Protection Laws, the User hereby instructs and grants a general written authorization to Luxinnovation to process Personal Data;
• comply and ensure that its sub-processors comply at all times with the Data Protection Laws, and confirms that it has put in place appropriate technical and organizational measures designed to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as risk of varying likelihood and severity for the rights and freedoms of natural persons, Luxinnovation shall implement such measures to ensure a level of security appropriate to the risk in accordance with article 32 of the GDPR;
• promptly notify the User upon becoming aware of it, of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data processed by Luxinnovation or sub-processor, as well as any non-compliance with the applicable Data Protection Laws. In this regard, Luxinnovation shall provide the User with all appropriate information relating to the breach of security in accordance with article 33 of the GDPR;
• ensure, in the case of processing by the sub-processor, that such processing is carried out under a written contract imposing on such sub-processor the same obligations as are imposed on Luxinnovation under the Terms and Conditions;
• ensure that the Personal Data are not made accessible to its employees or any other third party who do not need to have access to such data in order to carry out their roles on the performance of its obligations under the Terms and Conditions, and who are not subject to appropriate statutory or contractual obligation of confidentiality;
• not disclose Personal Data to any of its affiliate, sub-processor or any other third party located outside the European Economic Area in a country which does not ensure an adequate level of protection for Personal Data unless it has entered into a data transfer agreement in the form of the EU Commission approved model contractual clauses (as amended from time to time) or has taken any other measures satisfying the requirements of the Data Protection Laws for such disclosure. Luxinnovation shall monitor the compliance of its sub-processors with their obligations under the Data Protection Laws and shall be held liable for any breach thereof;
• upon request of the User, Luxinnovation shall, without undue delay and at the choice of the User, delete or return all the Personal Data and any existing copies after the end of the provision of its assistance under this Terms, unless longer storage is required by any applicable law;
• promptly notify the User if it receives any communication from a data subject or supervisory authority under any Data Protection Laws in respect of the Personal Data, including requests by a data subject to exercise rights in Chapter III of GDPR, and assist the User with responses to these communications;
• provide reasonable assistance to the User in ensuring compliance with its obligations pursuant to Articles 35 and 36 of the GDPR taking into account the nature of processing and the information available to Luxinnovation;
• to the extent permitted by law and subject to any relevant and applicable confidentiality obligation, provide the User, as it may reasonably request, with access to any Personal Data processed by Luxinnovation in relation with the provision of its services under the Terms. In this regard and in order to assess the compliance of Luxinnovation with its obligations under the Terms, Luxinnovation shall allow and contribute to audits conducted by the User or another auditor mandated by the User. The User shall bear all costs related to such audits and shall give Luxinnovation a prior notice of fourteen (14) business days.
6.3. Events organised by Luxinnovation
When you sign up for an event in person, online (webinar) or in hybrid format that has been organised by Luxinnovation, you are informed and indicate your consent to the fact that:
• you may appear in photographs and/or videos taken or recorded during the event; and
• the event is likely to be recorded (sound and/or images) and broadcast, either live or after the event.
If you intend to oppose this processing of Your Data, we recommend that you indicate this prior to the event to the department responsible for its organisation (Marketing & Communications), in order to find a means of preventing Your Data from being reproduced in photos and/or videos, to the extent that this is possible. If the event is held online, you will be offered the option of disabling your camera and/or microphone.
The purpose of taking and, where applicable, publishing/broadcasting photos and/or recordings of events is to provide information on events via the various communication channels used by Luxinnovation such as websites, newsletters, social media, video-sharing platforms, etc.
In any case, no financial compensation can be requested in exchange for the publication of your image on the Luxinnovation channels.
For any questions regarding your image rights or the processing of your image by Luxinnovation, please contact the Luxinnovation
DPO : dpo@luxinnovation.lu.
7. UNILATERAL RIGHT OF MODIFICATION
7.1. Luxinnovation reserves the right to modify unilaterally, at any time, all or part of the Website in particular in case of technical, legal or case-law developments or to implement of new functionalities. Luxinnovation may, for example, modify the visuals, graphic charts and other elements and/or contents at its sole discretion.
7.2. No liability for any direct or indirect damage in connection with such modifications can be held against Luxinnovation.
8. MISCELLANEOUS
8.1. Entirety. These Terms and Conditions contain and set forth the entire intention of the Parties and supersede any other agreement, understanding or arrangement, whether oral or written, relating to or in connection with the subject matter of the Agreement.
8.2. Relationship of the Parties. The contractual relationship between Luxinnovation and Users is intuitu personae and may not be transferred without the written consent of the Parties.
8.3. Amendments. Luxinnovation reserves the right to modify these Terms and Conditions at any time by notifying the Users beforehand in case of substantial amendment.
8.4. Severability. Should any one condition of these Terms and Conditions become invalid, the validity of the other conditions will remain unaffected.
9. GOVERNING LAW AND JURISDICTION
9.1. Regardless of the place of use, The Terms and Conditions shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg.
9.2. The Parties irrevocably agree that any disputes arising out of or in connection with the Terms and Conditions shall be submitted exclusively to the courts of the City of Luxembourg, Grand Duchy of Luxembourg.
Last modified date: April 2023