2. PURPOSE

The aim of the online platform is to bring together in a single interface all information relating to Luxinnovation's activities and those of its shareholders and partners, its missions and its support services. 

Luxinnovation is Luxembourg’s National Agency for Innovation and Research. Its mission is as follows:

• To undertake, by all human, material and electronic means, all information, assistance and liaison actions, both nationally and internationally, with the aim of promoting R&D and innovation, technology transfer and the creation of innovative companies in the Grand Duchy of Luxembourg;
• To raise the awareness of and provide information to companies, research organisations and R&D and innovation project initiators, acting as a one-stop shop for R&D and innovation on all aspects, developments and instruments relating to R&D and innovation, both technological and non-technological, the creation of innovative companies and technology transfer, both in Luxembourg and at EU and international level;
• To raise the awareness of and inform the general public about innovation, creativity, design, research and development;
• To help companies, research organisations and R&D and innovation project initiators identify their innovation needs and define, organise, implement and manage their R&D and innovation projects and programmes;
• To promote and facilitate technology transfer, the creation of innovative companies or companies using new technologies, technological cooperation between companies, research organisations, R&D and innovation project initiators and innovation experts, and to encourage communication as well as scientific and technical collaboration in all its forms, and lead innovation clusters;
• To promote national, EU and international aid schemes vis-à-vis companies, research organisations and R&D and innovation project initiators, and approve providers of consulting and innovation support services;
• To communicate, on its own initiative, any information or proposal relating to the implementation of R&D and innovation policies in the private and public sectors to the ministers responsible for the economy, small and medium-sized enterprises or public-sector research; 
• To study and analyse, at the request of one of the ministers in charge of the economy, small and medium-sized enterprises or public-sector research, any project or programme from a company, research organisation or R&D and innovation project initiator seeking the benefit of an aid scheme or measure, or any other issue relating to R&D and innovation, the creation of innovative companies and technology transfer.

Luxinnovation may be entrusted by the Ministers in charge of the economy, SMEs, energy and tourism, as well as research and higher education, by decision of the Government in Council, with the coordination or management, in whole or in part, of national measures and programmes, or with Luxembourg's participation in international cooperation programmes in the field of R&D and innovation.

Luxinnovation provides its Online Platform to increase collaboration between the business sector and research organizations, and society as a whole, with the aim of addressing major societal challenges and strengthening Luxembourg's competitiveness. Luxinnovation acts as an intermediary in the collaboration between these actors.

3.1 Users and Account Holders understand and accept that the information contained on the Platform is given for information purposes only and is not exhaustive. It may not be up to date. 

3.2 Luxinnovation endeavours to keep the information on the Platform up to date and accurate. However, it does not guarantee its completeness, accuracy, reliability, relevance or the availability of the Platform and the services it offers. For any important decision, particularly regarding eligibility for a programme or State Aid, the User is invited to verify the information with the official source or to contact Luxinnovation. The User remains responsible for the use they make of the information.

3.3 To the extent permitted by Applicable Laws, Luxinnovation shall not be liable for any damage resulting from the inaccuracy or incompleteness of the information on the Platform. Nor shall it be liable for information posted online by third parties, in accordance with Articles 4.11 and 5.1.

4. OBLIGATION OF USERS, ACCOUNT HOLDERS AND MEMBERS OF ONLINE COMMUNITIES

a. Users and Account Holders

4.1 Use of the Luxinnovation Platform is strictly free and open to all Users. 

4.2 Access to the platform is via the Internet, and Users and Account Holders  declare that  they are aware of and accepts the risks involved. It is advisable to guard against the effects of hacking by adopting an appropriate and secure computer configuration.

4.3 Information provided. The User and the Account Holder are required to provide accurate information when submitting an enquiry or contact form, as well as when creating an Account. The Account Holder is responsible for keeping their information up to date and amending it where necessary.

4.4 Users agree to use the Platform and Services in accordance with the applicable Laws and within the limits described in these TERMS AND CONDITIONS. When Users and Account Holders  share information and documents on the Platform, they also agree to abide by the rules of courtesy and good conduct, the TERMS AND CONDITIONS and applicable laws. In particular, Users and Account Holders  agree not to use the Services : 

• to engage in, promote or encourage illegal activity;
• to violate or encourage the violation of the legal rights of third parties;
• to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature;
• for illegal, invasive, infringing, defamatory or fraudulent purposes. 

4.5 Reporting. Users and Account Holders may report any inappropriate or illegal conduct, or any improper behaviour observed on the Platform to Luxinnovation employees, including fraud, scams and bad business practices at any time by sending a report to the following email address: whistleblowing@luxinnovation.lu. Luxinnovation invites its Users to take note of its Whistleblowing Policy

b. Account holders

4.6 Creating an account and admission. Representatives and/or employees of companies, organisations or associations in the public and private sectors who wish to benefit from certain Luxinnovation services (membership of communities and project support) are invited to create an account on the Platform.

Creating an Account on the Luxinnovation Platform is a voluntary and binding act by which the Account Holder guarantees to provide accurate information concerning their identity, email address and, where applicable, the legal entity they work for or represent. Luxinnovation reserves the right to accept or reject the Account creation request at any time. On acceptance of this request, the Account Holder will receive an email inviting them to confirm their registration. It is for an indefinite period, except for the items mentioned in paragraph 4.9.

4.7 Representation of a legal entity. When an Account Holder is acting in the name and on behalf of a Legal Entity, they guarantee that they are duly authorised to represent the Legal Entity and act in its name and on its behalf. In specific situations and, in particular, to meet the requirements of any competent Luxembourg authority, Luxinnovation reserves the right to request additional information in order to confirm the identity of the Account Holder and the Account Holder's right to act on behalf of the Legal Entity. The Account Holder undertakes to provide any information required in this respect, in particular a personal email address that is accurate and valid.  Account Holders are responsible for keeping their information up to date and for modifying it accordingly. Where applicable, Account Holders undertake that they have the right to share all User Data that they upload to the Platform and that this information is accurate. In particular, Luxinnovation cannot be held responsible if an Account Holder shares information they are not authorised to share.

4.8 Identifiers.The Account created on the Luxinnovation Platform is personal and unique. Except with prior authorisation from Luxinnovation, the Account Holder undertakes to create only one Account and not to divulge their identifiers, in any form whatsoever, to a third party. The storage, use and transmission of Identifiers are the sole responsibility of the Account Holder. Luxinnovation cannot be held responsible for the loss, misuse, abuse or fraudulent use of Identifiers. Use of the Account must be personal, and any use of the Identifiers will be presumed to have been made by the registered Account Holder. In the event of loss or theft of their Identifiers, Account Holders are requested to immediately notify Luxinnovation's GDPR officer who will then close the account, at the following email address: gdpr@luxinnovation.lu.

Please note that the services and content offered by Luxinnovation via its Platform are intended for adults. If Luxinnovation becomes aware that it has collected personal data relating to a minor, it will delete such data as soon as possible.

4.9 Information and Account. Once an Account has been created, Account Holders may expand their profile by entering their Preferences and areas of interest from among the topics proposed by Luxinnovation. Holders are also responsible for keeping this information up to date and amending it where necessary.

4.10 Termination or deletion of an Account. 

• The creation of an Account on the Luxinnovation Platform is non-exclusive and there is no minimum commitment period. The Account Holder and/or the Legal Person represented may request the deletion of their Account, at any time, by contacting Luxinnovation's GDPR Officer at the following email address:  gdpr@luxinnovation.lu. An email acknowledging receipt will be sent to the applicant and the Account will be closed within fifteen (15) working days following the date of this email. The Account Holder may also use the Account deletion option on the Platform. 
• If a User does not log in to their Account for a period of three years (3 years) from the last login or profile modification and does not respond to requests to update the Preferences and expressions of interest generated by the Platform, the Account will be deactivated by Luxinnovation.
• In the event of violation of these TERMS AND CONDITIONS or proven violations of applicable Laws by the Account Holder, Luxinnovation reserves the right to delete the Account, temporarily or permanently, at any time and without prior notice. Under no circumstances may the Account Holder claim any recourse or compensation.

c. Online Community Members 

4.11 Membership. Users representing and/or employed by companies, entities or associations in the public and private sectors who wish to exchange and interact with their counterparts on subjects of common interest via one or more Communities offered online by Luxinnovation are invited to create a Personal Account to apply to become a Member. The Online Communities are open and accessible on request, subject to the details below. Luxinnovation does not guarantee the confidentiality of information posted in the communities.

Members may publish news articles, comments and documents, and contribute to the discussions within the online community to which they belong. Each piece of content relates to a topic predefined by Luxinnovation. Members are solely responsible for the contributions they publish, including when sharing commercial or confidential information.

When a new Member joins one of the Online Communities offered by Luxinnovation, the other Members of this Community are informed by way of electronic notification. When one member replies to another in a message stream, a notification is also sent automatically. 

4.12 Login details. Registration with an online community is personal and unique. The account holder undertakes to create only one account and not to disclose their login details in any form whatsoever to a third party. The storage, use and transmission of login details are the sole responsibility of the Member. Luxinnovation cannot be held liable for the loss, misuse, abuse or fraudulent use of login details. Any registration with an online community will be presumed to have been made by the registered Account Holder. In the event of the loss or theft of their login details, the Account Holder is requested to notify Luxinnovation’s GDPR Officer immediately, who will proceed to close the account, via the email address: gdpr@luxinnovation.lu. 

• Membership of the Online Communities is valid for thirty-six (36) months from the date of the initial application. An automatic notification is sent to Members inviting them to renew their membership. If a Member does not wish to extend their membership, the profile will be deleted. A member may request the deletion of their membership at any time and without giving a reason by contacting Luxinnovation's GDPR Officer at the following email address:  gdpr@luxinnovation.lu. An email acknowledging receipt will be sent to the applicant and the Account will be closed within fifteen (15) working days following the date of such email. 
• In the event of deletion of membership and/or the User's Account, messages posted in the past are pseudonymised but remain online, unless they contravene the rules of the Platform.
• In the event of serious and clear violations of these TERMS AND CONDITIONS  or proven violations of applicable Laws by a Member, Luxinnovation reserves the right to delete the registration of the Member concerned, temporarily or permanently, at any time and without prior notice. Under no circumstances may the Member claim any recourse or compensation. 

4.14 Moderation. Luxinnovation moderates the content and contributions published in its online communities. The following content is prohibited and may be removed:

• Manifestly unlawful content: posts published by Members must strictly relate to the subject matter of the online community provided by Luxinnovation. Any content that is hateful, violent, racist, xenophobic, homophobic or discriminatory, or that condones any crimes or offences, is strictly prohibited and may result in legal proceedings.
• Contentious content:  Freedom of expression allows for debate, criticism must be expressed courteously, and the sharing of information is welcome when verified and substantiated. However, this freedom of expression in no way authorises denigration, defamation, insults or allegations of information that is inaccurate or deliberately truncated to change its meaning. Members' contributions must not undermine or be contrary to public order, public decency, the rights, reputation and image of natural or legal persons (famous or anonymous), the privacy of third parties, or the respect due to the Grand Duchy of Luxembourg, its sovereign and its rulers. Content posted by a Member must not undermine the reputation, security or integrity of a State or its rulers. Any contribution of this type  may give rise to a complaint. 
• Trade and advertising: Luxinnovation expressly requests that Members of its Online Communities refrain from including any advertising (text, images, photos, videos and links) in their contributions. Advertising must be carried out without any connection to Luxinnovation. 

Members acknowledge and understand that, by virtue of the foregoing, Luxinnovation may – on its own initiative or when notified by a Member – remove any content that violates these TERMS AND CONDITIONS applicable Laws, without any justification and/or without any notice. Luxinnovation reserves the right to take legal action against offenders, depending on the gravity of the offence. 

4.15 Luxinnovation cannot be held responsible for contributions posted by Members of its Online Communities. 

5.1 Personal data collected when sending an information and/or contact request form, and/or when creating a personal account via the Platform are stored in a database and are described in Luxinnovation's Activity Processing Register. This is not the case when joining an online community. The personal data provided may be used, subject to the prior consent of the Data Subject and according to his/her preferences and interests, for marketing purposes to offer Luxinnovation services and news. The Data Subject may withdraw his/her consent at any time by writing to the GDPR Officer of Luxinnovation via the e-mail address gdpr@luxinnovation.lu. Some of the Platform's services require cookies to be deposited on the User's or Account Holder's terminal. The cookie does not in any way identify the person concerned, but it does enable easy and fluid consultation of the Platform. For further information, please consult our Cookie Management Policy.

5.2 Users and Account Holders with social network accounts may share and recommend content from the Platform on Facebook, LinkedIn, X, etc., via the share buttons provided. Luxinnovation draws your attention to the fact that such sharing may result in the unintentional collection of your personal data. To avoid the non-consensual transfer of personal data, we recommend that you deactivate social network services. If the Person concerned has given his/her consent and has activated his/her social networks, then the buttons may be active. The User acknowledges and accepts that, during interactions with other Users of the Platform, the User's Data, including business and personal data, may be disclosed, in whole or in part, to such Users. 

5.3 The User and Account Holder may use the Luxinnovation Platform to access information, benefit from services and share content via their social networks.

5.4 The User and the Account Holder warrant that they have the right to share all Account Holder Data that they upload to the Platform and that such information is accurate.  Each of them chooses the information they share, in accordance with these Terms and Conditions and applicable laws, and assumes full responsibility for it. Luxinnovation does not guarantee the confidentiality of information shared between Users. To the extent permitted by applicable laws, it shall not be held liable for any claim, penalty, loss, damage or expense arising out of or in connection with the disclosure of information and documents by a User, an Account Holder or a Member.

 5.5 Luxinnovation invites Users, Account Holders and Members to exercise discretion with regard to information belonging to other Users to which they have access, in particular personal or commercial information. This request does not impose any obligation of confidentiality on Luxinnovation nor does it involve it in communications between Users. It is without prejudice to applicable laws, in particular those relating to the protection of personal data and trade secrets.

5.6 The User and the Account Holder acknowledge and agree that, when interacting with other Users of the websites, the Account Holder’s Data, including commercial and personal data, may be disclosed, in whole or in part, to those users.

5.7  The User and the Account Holder acknowledge and agree that the Account Holder’s Data may also be processed by Luxinnovation’s data recipients (the “Recipients”), who, in the context of the purposes mentioned above, refer to any third party supporting Luxinnovation’s activities. For the aforementioned purposes, Luxinnovation may transfer the Account Holder’s Data to:

• its institutional partners (Luxembourg ministries, administrations and/or federations, professional chambers, universities, public research bodies, embassies, trade organizations) or non-institutional partners (Luxembourg private research bodies, service providers for the joint organization of events, for example), 
• its service providers for the dispatch of newsletters and other publications,
• its subcontractors who process data on its behalf.

5.8 The obligations of confidentiality set forth in this Section 5 shall not apply to the extent that the information (i) is publicly available or becomes publicly available without breach of such obligations, or (ii) has been lawfully received from a third party, or (iii) is already known to the receiving party, or (iv) is required to be disclosed by virtue of judicial, administrative or mandatory rules or orders, provided that the extent of the disclosure is as limited as possible and that the receiving party notifies the other party of a requirement for disclosure prior to such disclosure, unless such notification can be made by the receiving party, administrative or mandatory rules or orders, provided that the scope of the disclosure is as limited as possible and that the receiving Party notifies the other Party of a disclosure requirement prior to such disclosure, unless such notification cannot reasonably be given, or (v) has been independently developed by the receiving Party without use of or reference to the other Party's information. The Party relying on one or more of the above exemptions must prove the alleged underlying facts. 

5.9 These obligations remain in force for three years after the account or membership of the User who received the information has been closed. 

11. However, the User and the Account Holder expressly authorize Luxinnovation to use the Account Holder's Data (excluding Personal Data as defined by Data Protection Laws) in an anonymized and/or aggregated manner within the framework of its missions and for statistical and analytical purposes.

6. ACCESS TO THE PLATEFORM

6.1 The Online Platform and the Virtual Assistant (or Chatbot) are provided “as is” and “as available”. Luxinnovation uses all technical means at its disposal to ensure that they are accessible and functional 24 hours a day, 7 days a week. Nevertheless, Luxinnovation cannot exclude the possibility that access, and operation may be temporarily or permanently interrupted, in particular, but not exclusively, in the case of force majeure events, malfunctioning of the User's equipment, malfunctioning of the Internet network, maintenance operations, etc. Luxinnovation reserves the right to modify or discontinue the Service at any time without notice. 

6.2 Luxinnovation cannot be held responsible for any interruptions of the Platform, whether voluntary or involuntary, with the understanding that Luxinnovation uses all reasonable means at its disposal to limit any such disruption. 

6.3 Through the Platform, you can connect to other websites that are not under the control of Luxinnovation. We have no control over the nature, content, availability, or security of these sites. The inclusion of links does not necessarily imply a recommendation or endorsement of the views expressed by these third-party sites.

7. INTELLECTUAL PROPERTY

7.1 Luxinnovation holds the intellectual property rights to the Platform (architecture, text, titles, photographs, graphics, animations, sounds, images, logos, icons, illustrations, layout, computer code, services, etc.), unless otherwise stated in relation to third-party content. The Platform, together with all its constituent elements, is protected by Luxembourg and European intellectual property and copyright laws.

7.2 Permitted uses. Subject to clause 7.5, the User may, without prior request and for non-commercial purposes, view, download and print the content and forms made available on the Platform. They may use them for their own personal use or for the internal purposes of the legal entity they represent.

Reproduction of extracts and quotations. The User may reproduce extracts from content published by Luxinnovation, including in a professional document, provided that three conditions are met: the extract is limited in scope and does not alter the meaning of the content, the use is non-commercial, and the source is acknowledged. The source must be credited by including the title of the content, the name of Luxinnovation, a link to the original page (where the medium permits) and the date of publication or update.

Other uses. Any other use requires the prior written consent of Luxinnovation, in particular full reproduction, redistribution, translation, modification and commercial exploitation. Requests should be addressed to the Communications Department: web@luxinnovation.lu. Reference to information published on the Luxinnovation Online Platform (and/or any other channel used by Luxinnovation, e.g. social networks) does not imply that Luxinnovation supports or endorses in any way any analysis or conclusion that may be made by any User or group of Users. 

 Scope of the rights granted. Only the rights expressly mentioned in this article are granted, on a non-exclusive and non-transferable basis. They do not entail any transfer of intellectual property rights. Content identified as originating from partners, consortia or other third parties remains subject to the terms and conditions of their respective owners.

 Non-compliance. Any use that does not comply with this article may constitute an infringement of the intellectual property rights of Luxinnovation or third parties. It may give rise to civil or even criminal liability on the part of the person responsible.

7.3 The citation of information published on Luxinnovation’s online platform (and/or on any other channel used by Luxinnovation, e.g. social media) does not in any way imply that Luxinnovation supports or endorses, in any manner whatsoever, the analyses and/or conclusions that may be drawn from it by a User or a group of Users.

7.4 The User and the Account Holder shall not use or disclose any of these Intellectual Property Rights, nor any other information relating to the technology, software or services of the Luxinnovation Platform, except to the extent necessary for your use of the Platform, and as expressly permitted by these Terms and Conditions and the applicable laws. Furthermore, the User and the Account Holder shall not take any action that might infringe, misappropriate, violate, jeopardise or compromise these Intellectual Property Rights, or the Intellectual Property Rights of third parties, or their legality and/or enforceability.

7.5 Subject to clause 7.2, the User must not: (i) sell, rent, transfer or redistribute all or part of the Platform, or create derivative works from it; (ii) copy, modify, decompile or reverse engineer all or part of the Platform or its code; (iii) use the Platform’s content, by any means, including through software or automated devices, to feed or train artificial intelligence technology. Luxinnovation expressly reserves these rights, including in relation to text and data mining.

7.6 The User and the Account Holder must promptly notify Luxinnovation in writing of any threat, warning or written notice of a claim or action that infringes Luxinnovation’s intellectual property rights.

7.7 The User and the Account Holder retain ownership of the documents and information submitted via the Luxinnovation Platform, as well as all related intellectual property rights.

7.8 The User, the Account Holder and the Member warrant that they have the right to share the information and documents they submit via the Platform, including the Account Holder’s Data, and that such information is accurate. They also warrant that it does not infringe the rights of any third party, including intellectual property rights or any other personal or property rights.

7.9 The User, the Account Holder and the Member of the online communities further warrant that no information or document submitted via the Platform will be, or will contain, any material that is defamatory or otherwise unlawful, abusive or obscene. The User, the Account Holder and the Member of the online communities are and shall remain solely responsible for any information or documents uploaded to the Platform.

7.10 Luxinnovation shall not be held liable for any claim, penalty, loss, damage or expense of any kind whatsoever arising out of or in connection with the disclosure of information and documents by a User and/or an Account Holder and/or a Community Member. Consequently, Luxinnovation shall not be held liable in the event of any infringement by Users of a third party’s intellectual property rights arising from or in connection with the use of the Platform.

7.11 The User and/or the Account Holder must defend Luxinnovation and hold it harmless from any liability in the event of any claim, legal proceedings or other proceedings, loss, cost, debt or expense (including legal costs and reasonable fees payable to solicitors and other professionals) arising from the use of the Platform.

8. LIABILITY AND LIMITATION

8.1 To the extent permitted by applicable law, Luxinnovation cannot be held liable for any special, incidental, direct or indirect, punitive or consequential damages, or any loss of data, opportunity, reputation, profits or revenues in connection with its online Platform.

8.2 Luxinnovation cannot be held liable for any damage or harm that the User, Account Holder and/or Members of Online Communities may suffer directly or indirectly as a result of browsing the Platform, using of the Virtual Assistant (or Chatbot) and using its services. The obligation to provide the Platform and its services is limited to a best-endeavours obligation: Luxinnovation does not guarantee the continuity or performance of the services offered via its online Platform, nor does it guarantee that the Platform will be free of bugs or that it will not be affected by technical malfunctions. 

8.3 Nothing in these TERMS AND CONDITIONS excludes or limits liability (i) for fraud; (ii) in a manner that is not permitted by Applicable Laws; (iii) for infringement by the User and/or Account Holder of Luxinnovation's Intellectual Property Rights.

8.4 The legal or moral liability of Luxinnovation shall not be engaged in the event of force majeure as defined by Luxembourg and European law and jurisprudence. 

8.5 The information that appears on the Platform, including that provided by the Virtual Assistant (or Chatbot), is linked to the missions and activities of Luxinnovation. It is not intended to take account of the User's personal or special circumstances. It cannot therefore be regarded as individual, professional or legal advice for the User. Should the User require any advice, specialist or otherwise, he/she is invited to consult the relevant departments using the contact form provided. 

8.6 Luxinnovation cannot be held liable for any inaccuracies, omissions or errors in the content made available to users via its Platform. Luxinnovation cannot be held liable if – despite every care taken by its teams in checking the information – the sources cited are incorrect, obsolete, partial or if the methods used by the data providers are controversial or illegal. Luxinnovation makes every effort to provide accurate and up-to-date information in good faith, using the resources of reputable service providers. However, Luxinnovation cannot provide a guarantee against any risk of error or attempt at external manipulation. The information published on its Platform does not constitute a commitment on the part of Luxinnovation to any trend, movement or opinion. Luxinnovation's content is strictly neutral. 

8.7 In the context of the content published in the Knowledge Hub section, Luxinnovation teams are available to explain the methodology, sources and/or discriminating criteria used.

8.8 In the specific context of publications relating to consortia – such as L-DIH and AI Factory – of which Luxinnovation is a member, Users and/or Account Holders are informed that Luxinnovation does not have control over the published content. Its responsibility here is limited to that of an editing and provision service. In the event of a complaint made by a User of the Platform, Luxinnovation will inform the members of the consortium concerned as soon as possible in order to agree on any changes to be made.

9. DATA PROTECTION

Information on data protection is described in more detail in the Privacy notice section. 

9.1 In n accordance with applicable regulations, in particular European Regulation 2016/679, known as the General Data Protection Regulation (GDPR), Luxinnovation as data controller, collects and processes your personal data:

 9.1.1 On the basis of the implementation of these General Terms and Conditions of Use, in order to manage and provide its Users with a service platform for the following purposes:

• hosting of the Platform, 
• maintenance of the Platform.  

 9.1.2 On the basis of the legitimate interest to enable the User to contact Luxinnovation employees via the forms made available on the Platform, the personal data collected is as follows:  

• First and last names,
• Gender,
• Company name and position held, 
• e-mail address.

9.1.3 On the basis of the User’s consent (Article 6.1(a) of the GDPR), expressed through a positive action distinct from acceptance of these Terms of Use and acknowledgement of the Privacy Notice, in order to enable the User to receive, upon request, Luxinnovation’s newsletters and updates, the following data is collected: the User’s email address, and the areas of interest specified in their Preferences.

 The User may withdraw their consent at any time, [via the unsubscribe link included in every email or] by writing to gdpr@luxinnovation.lu Such withdrawal does not affect the lawfulness of any processing carried out prior to it.

9.1.4 On the basis of Luxinnovation's legitimate interest in defending its rights and interests:

• manage claims and disputes relating to the execution of these General Terms and Conditions of Use, 
• to record and retain evidence of the actions and procedures carried out by the User on the Luxinnovation Platform, including evidence of their consent to receive newsletters.

9.2 Compulsory nature of Personal Data requested by Luxinnovation from Users of the Platform: they are indicated by an asterisk on the various contact or information request forms made available to them. This mandatory data expressly enables Luxinnovation's employees to follow up on requests sent to them and to respond to Users.  

 9.3 Sources of Personal Data: Personal Data is collected by Luxinnovation directly from Users, in the general context of the Use of the Platform. 

 9.4 Recipients of Data: Data is intended exclusively for Luxinnovation and its employees duly authorized by their role and mission. This data may be communicated to Luxinnovation's shareholders and partners, as well as to its service providers, in particular the technical service providers in charge of hosting, maintenance and support of the Platform. In all cases concerning the transfer and communication of personal data, Luxinnovation ensures compliance with data protection laws by guaranteeing that the processing applied is lawful, fair and transparent. Luxinnovation provides the persons concerned with a Privacy Notice meeting the requirements of the Data Protection Laws. 

In the event that Personal Data were to be transferred outside the European Economic Area, Luxinnovation undertakes to put in place any additional contractual or technical measures that may be necessary to comply with the requirements of the RGPD in this respect.

Users' personal data may also be communicated to any administrative, judicial, or supervisory authority that benefits from a right of communication based on a legislative provision in the context of Luxembourg or European administrative or judicial proceedings, at their request.

9.5 Retention periods: Luxinnovation retains personal data for a period not exceeding that required to achieve the purposes specified above, plus any Luxembourg and European legal and regulatory limitation periods.

9.6 Users' rights: In accordance with the RGPD, the User of the Luxinnovation Platform benefits from a right of access, a right of rectification, a right to erasure, as well as the right to portability of his/her personal data. 

The User also has the right to request the limitation of processing concerning him/her, and the right to object, for reasons relating to his/her particular situation, to the processing of his/her data, including profiling. 

These rights may be exercised with Luxinnovation's GDPR officer, via the email address: gdpr@luxinnovation.lu   inally, the User may apply to the Commission Nationale pour la Protection des données (CNPD), invested with the role of the National Authority for Luxembourg if he or she considers that the responses of Luxinnovation's GDPR officer do not satisfy him or her or that the processing operations described infringe his or her rights.

10. UNILATERAL RIGHT OF MODIFICATION 

10.1 Luxinnovation reserves the right to unilaterally modify all or part of its online Platform at any time, particularly in the event of technical, legal or jurisprudential developments or the introduction of new functionalities. Luxinnovation may, for example, modify the visuals, house style guide and other elements and/or content at its sole discretion.

10.2 Luxinnovation may not be held liable for any direct or indirect damage or harm resulting from such modifications.

11. CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE 

11.1 Some content on the Platform (text, images, translations or other media) may be generated, translated or enhanced using artificial intelligence (AI) technologies. Luxinnovation endeavours to ensure an appropriate level of transparency regarding this use, in accordance with Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (‘the AI Regulation’). Where the AI Regulation so requires [and where the use of AI is substantial], the content in question is accompanied by a statement indicating that it has been generated or modified by AI.

 11.2 The quality, relevance and accuracy of the content are editorial requirements for Luxinnovation. However, Luxinnovation cannot guarantee that the content is either comprehensive or reliable, in accordance with Article 3.

 11.3 Users are advised to exercise their own judgement with regard to this content. To the extent permitted by Applicable Laws, Luxinnovation cannot be held liable for any use made of it or for any consequences arising therefrom. Users may report any content they consider inappropriate or incorrect to web@luxinnovation.lu.

12. MISCELLANEOUS 

12.1 Entire agreement. These TERMS AND CONDITIONS contain and set forth the entire intention of the parties and supersede any other agreement, understanding or arrangement, whether verbal or written, relating to or in connection with the subject matter hereof.

12.2 Relationship between the Parties. The contractual relationship between Luxinnovation and Users is intuitu personae and may not be assigned without Luxinnovation's written consent.

12.3 Amendments. Luxinnovation reserves the right to modify these TERMS AND CONDITIONS at any time while giving prior notice to Users in the event of substantial modification.

12.4 Severability. Should any of the terms and conditions contained in these TERMS AND CONDITIONS prove to be invalid, this shall not affect the validity of the remaining terms and conditions.

13. APPLICABLE LAW AND JURISDICTION 

13.1 Regardless of the place of use, these TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg.

13.2 The Parties irrevocably agree that any dispute arising from or in connection with the TERMS AND CONDITIONS and/or the Platform will be submitted exclusively to the courts of the City of Luxembourg, Grand Duchy of Luxembourg.