General terms and conditions of use

The mobile application myLAB® (hereinafter referred to as the “App”) and the website mylab.bionext.lu (hereinafter, the “Website”) are made available by Bionext S.A., a company listed in the Luxembourg Companies’ Register under no. B 140 641 and operating the medical biology lab BioneXt LAB based at 2-4, Rue du Château d’Eau, L-3364 Leudelange and represented by its sole director, Dr Jean-Luc Dourson (hereinafter "BioneXt Lab").

1- Subject

BioneXt Lab makes available to patients, health professionals and any person using the App and/or the Website (hereinafter the "User"), under the terms and conditions of use listed below, a smartphone app and website with a connection to a secure space reserved for each User. The App enables Users to make prescriptions for doctors, to view the results of current and previous tests as well as to access information on the activities of BioneXt Lab.

As the data is mainly personal and/or medical, it is strictly confidential.

2- Access to the Application and/or to the Website

  • Downloading

The App may be downloaded free of charge to any iOS- or Android-compatible mobile device

  • Safeguards

Users’ attention is drawn to the necessity to safeguard access to their mobile devices due to the potential sensitiveness of the data available within the App. Under no circumstances does the Service allow health professionals to use the App in an emergency situation. In any such situation, the User should contact the relevant emergency services, for instance by dialling 112.

The User acknowledges that use of the App is no substitute for personal or medical care by health professionals.

  • User account

Once their results are available in digital form, Users will receive an SMS with a link to their personal space (hereinafter the "Account"). Users are provided with the opportunity to convert their temporary personal space into a permanent personal space. To do this, the Website sends the User an SMS with an activation code, thereby validating his/her mobile phone number. The User then selects an email address and password to provide secure access to his/her Account. He/she will then receive an email with a code allowing him/her to authenticate the email address. The Account will then be activated (principle of double authentication).

Users must not communicate their Account details (including their access codes) to any third party. Users assume sole responsibility for maintaining the confidentiality and security of their Account and of all activities directly linked to it or accessible via it. They further undertake to immediately notify BioneXt Lab of any security breach to their Account. Users acknowledge and expressly accept that the App and/or the Website are designed and intended for strictly personal use.

In this sense, Users must not disclose Account information with any third party. Provided that it has proved its reasonable competence and diligence, BioneXt Lab shall not be held liable for any disclosure of confidential information or for losses resulting from the unauthorised use of the User Account and failure to comply with these rules of use.

Minors capable of reasonably voicing their interests may be allowed by BioneXt Lab, in its capacity as a professional healthcare provider, to exercise the rights relating to their health in an autonomous manner.

In the event of a Minor User being opposed to entrusting his/her legal representative (s) with the exercise of his/her rights, BioneXt Lab may waive professional secrecy with respect to his/her legal representative(s), allowing them access to view results.

To use the App and/or Website, a User must enter his/her username and password to authenticate the Account. Users agree to provide correct and full information when registering with the App and/or Website, and to keep this information up-to-date, i.e. ensuring that it is always correct and complete. If the registration information proves to be incorrect or incomplete, BioneXt Lab reserves the right to suspend or cancel the User’s Account. Users agree to BioneXt Lab storing and using the registration information provided by them.

Users have the right to access, correct, modify and delete their personal data. This right may be exercised by letter sent to BioneXt Lab, 2-4 Rue du Château d’Eau, L-3364 Leudelange or by email to: dpo@bionext.lu

  • Log in

Users may log into the App or Website free of charge to consult the published information.

Access to the App and/or the Website requires an Internet connection. In the event of no Internet connection being available, Users acknowledge that BioneXt Lab cannot be held responsible for any slowness, impossibility or difficulty in accessing and/or using the App and/or the Website. Use of the App and/or the Website may require compatible devices and the installation of certain software tools (possibly involving fees). App and/or the Website performance may be impacted by these factors and their proper functioning. Users acknowledge and accept that they are responsible for fulfilling the conditions needed for the App and/or the Website to function properly. The Service is subject to the conditions of the User’s phone network (coverage, load, availability) and to its possible limits/restrictions regarding availability, coverage and load dependent on the geolocation of the User when using the Service. BioneXt Lab cannot be held responsible for any bad functioning of the Service and its consequences resulting from such adverse conditions.

  • Usage restriction

Users agree to use the App and/or the Website solely for the purposes authorised by these Terms and Conditions and in accordance with the applicable laws and regulations, or with generally accepted practices.

If the User’s use of the App and/or the Website or any other behaviour, whether intentionally or not, threatens the ability of BioneXt Lab to maintain the App and/or the Website and the confidentiality of the data contained therein or of any other system, BioneXt Lab shall take all reasonable measures to protect the App and/or the Website and to guard the confidential information stored therein. These measures include the immediate suspension or cancellation of the User’s right to access the App and/or the Website.

  • Availability of the App and/or Website

The App and/or the Website, or any functional feature or part thereof, may not be available in all countries. BioneXt Lab does not guarantee that the App and/or the Website, or any functional feature or part thereof, shall be suitable or available anywhere. Users access and use the App and/or the Website on their own initiative and are therefore responsible for acting in compliance with applicable legislation.

  • Cookies

BioneXt Lab wishes to inform Users in a clear and transparent way about the use of cookies when using the App and/or the Website.

A cookie is a text file stored on the hard disk of the User’s device (PC, tablet, smartphone) via the browser software when accessing the App and/or Website.

This means that a cookie is sent to BioneXt Lab each time a User opens a page of the App and/or the Website on his/her PC or mobile device. The cookies stored by BioneXt Lab or third parties when a User visits the App and/or the Website do not personally identify the User. They solely identify the device he/she is currently using. The cookies do not store any sensitive personal information. They merely provide information of the User’s browsing habits for use in later visits.

The cookies can in no way cause damage to the User’s device. They allow the Service to for example find the User’s preferences, to pre-fill certain fields and to tailor the contents of BioneXt Lab services.

BioneXt Lab cannot be held responsible for any damage resulting or stemming from the use of cookies on the User’s device.

The User him-/herself decides whether to allow cookies to be installed on his/her device. He/she can easily check which cookies are installed. As the Website’s authentication process makes use of cookies, access to restricted content necessitates their acceptance.

  • Absence of transfer of rights

No provision of these Terms and Conditions has the effect of conferring on the User any interest, title or licence concerning an App and/or Website username, a domain name, an email address or a similar resource used by the User in relation to the App and/or Website.

3- User obligations

Access to the App and/or the Website and the viewing of the data contained therein, as well as any interpretation thereof, takes place under the sole responsibility of the User. The latter undertakes to do so for strictly personal purposes and not for any commercial purpose.

4- BioneXt Lab obligations

Within reasonable bounds, BioneXt Lab will do everything possible to ensure 24/7 access to the services, to the App and/or Website, thereby allowing the User to make optimal use thereof. This undertaking of BioneXt Lab is to be understood as a “best endeavours” obligation.

BioneXt Lab reserves the right to suspend at any time access to the App and/or the Website in the context of interventions such as software/hardware maintenance and upgrades, content updates, etc.

5- Deletion of the User Account

  • On the initiative of the User

The User may, at any time, demand that his/her Account be deleted or stop using the App and/or the Website. To have his/her Account deleted, the User must send the relevant request by post to BioneXt Lab, 2-4 Rue du Château d’Eau, L-3364 Leudelange or by email to dpo@bionext.lu. Account deletion means that the User will no longer be able to access the App and/or the Website via this username. This operation is irreversible. However, in view of the legal observation for a healthcare provider to archive medical data, the User acknowledges and accepts that BioneXt Lab will not actually delete the data. It will only block access to the data via the App or Website.

  • On the initiative of BioneXt Lab

BioneXt Lab may, at any time and without giving prior notice, immediately delete or suspend all or part of a User’s Account or access to the App and/or the Website in the event of technical problems or unexpected technical problems endangering the security of User-related confidential data. Such deletion or suspension will be carried out by BioneXt Lab at its discretion, with BioneXt Lab not being held responsible vis-à-vis any party for any damage resulting from this deletion or suspension of the User or his/her access to the App and/or the Website.

6- Confidentiality

BioneXt Lab undertakes to maintain the strictest confidentiality of all User-related data throughout the period that it is available on the App and/or the Website.

In particular, with regard to the Confidential Information (as defined below) and subject to Article 10 of these Terms and Conditions, BioneXt Lab undertakes:

(a) to not use this data for any purpose other than the execution of what is stated in these Terms and Conditions;

(b) to not pass it on to any third party in whatever manner or form, without the prior written consent of the User concerned;

(c) to restrict its dissemination to authorised members of its staff or partner health professionals, for whom the consent of the "User" patient has been granted (home care providers, hospitals, medical practices, etc.) and who need the data to perform their assigned tasks;

(d) to safeguard its confidential nature by applying provisions customarily used to protect its own confidential data;

(e) to make sure that the above-mentioned members of its or its partners’ staff respect the above-listed items (a), (b) and (c);

(f) to ensure that any service providers with which it collaborates similarly respect these terms and conditions.

“Confidential Information” in the sense of these Terms and Conditions refers to all information of whatever nature and form which may be communicated from one Party to another, or of which one Party may be informed in execution of its assigned tasks, irrespective of whether the information is related thereto and irrespective of whether it is owned by the other Party.

Under no circumstances may Confidential Information be communicated to a third party for commercial purposes or for a usage not authorised by these Terms and Conditions.

Users are reminded that confidentiality is not guaranteed on the Internet and that it is up to each User of the App and/or the Website to take all appropriate measures to protect their personal data.

7 - Liability

The App and/or the Website are a supplementary resource intended to help Users in their interaction with BioneXt Lab. They do not constitute a substitute for a User’s assessment or judgement.

Under no circumstances may BioneXt Lab be held liable for any damage incurred by the User – or by persons to whom the latter has voluntarily or involuntarily allowed access to the App and/or the Website – through an event outside the exclusive control of BioneXt Lab, and in particular any damage relating to:

  • the authenticity, correctness or medical relevance of the data transmitted to BioneXt Lab by Users, in particular data identifying a patient and the results of medical tests, and/or
  • the inappropriate use, whether intentionally or not, of the App and/or the Website by the User, and/or
  • the malfunctioning of the hardware/software used by the User to access the App and/or the Website caused – inter alia – by a virus, a security breach, spyware, a rootkit .... irrespective of the person or IT system affected by the damage, and/or
  • the suspension or interruption of access to the App and/or the Website resulting from the action of a third party and/or a case of force majeure including labour disputes (strikes, lockouts, etc.) within BioneXt Lab or any partner service provider involved in ensuring the full availability of the App and/or the Website, and/or
  • any temporary impossibility to view the information sources accessible via the App and/or the Website using links to other websites.

BioneXt Lab shall not be held liable vis-à-vis these same people for any indirect damage. Any liability shall be limited to the direct damage caused by the App and or the Website on account of:

  • any interruption to the User’s access to the App and/or the Website caused by a fault solely attributable to BioneXt Lab and proven by the User, and/or
  • any damage resulting from the consultation of the App and/or Website and the use of the information contained therein, and/or any damage caused by the App and/or the Website to the IT system implemented by the User to access said App and/or Website.

8 - Intellectual property

BioneXt Lab is the owner of the whole content, other than the user data, and layout of the App and/or the Website: the website’s source code, permanent or automatically generated pages, photos, diagrams, illustrations, sound files, videos, names, brands, logos, databases, software, etc.

All these elements are thus protected by Luxembourg intellectual property legislation, with the exception of any rights to certain elements benefiting third parties.

Except when expressly provided for by the relevant legal provisions and/or prior written consent of BioneXt Lab, any copy, representation, broadcast or rebroadcast, modification in whole or in part, sale, resale, retransmission or the making available to third parties, in whole or in part, of the content of this App and / or this Website on any media or by any process whatsoever would constitute an infringement liable to incur the civil and criminal liability of the infringing party.

Any content reproduced and/or disseminated by virtue of a legal provision or the prior written authorisation of BioneXt Lab must make reference to the BioneXt Lab copyright, other details and information concerning the trademarks listed on the original, as well as the source, citing the internet address (URL) of the page and the words “© BioneXt Lab”.

9- Data security

Reflecting the technological state of the art and the nature of the data processed, BioneXt Lab shall take all necessary precautions to ensure the security and integrity of this data and in particular to prevent it being altered, lost or accessed by unauthorised third parties.

BioneXt Lab stores all medical data in secure databases hosted in certified data centres run by POST-eBRC and located within the Grand-Duchy of Luxembourg. These databases are regularly backed up, in compliance with the strictest norms regarding the confidentiality and integrity of medical data.

10- Personal data

a) The collection of personal data

In its capacity as data controller, BioneXt Lab has to collect personal data (any information of whatever nature – including a medical nature – relating to an identified or identifiable physical person) from the User and the labs performing the medical tests. This data is then stored in the IT systems of BioneXt Lab and/or its service providers.

Electronic data may also be collected and/or stored on the User’s IT system for the purpose of managing his/her log-in and for browsing the App and/or the Website. The User may decline the use of these files (aka "cookies") via the configuration of his/her Internet browser.

Acceptance of these Terms and Conditions implies the User’s consent to the processing of his/her personal data as described in this Article, with some of the data being obligatory for the processing of User requests.

The data collected is intended to be used in the context of communicating the results of medical biology tests to the User. In addition, in the context of a User being subject to hospital care, in particular via BioneXt Lab partnerships with hospital professionals, the results of medical biology tests may be viewed by hospital doctors.

The User expressly consents to his/her biological data, samples or any other information regarding him/her being anonymised and thus freely transferable to healthcare organisations (for example the Luxembourg Centre for Systems Biomedecine (LCSB), Integrated Biobank of Luxembourg (IBBL), etc…) or any other partner for research and statistical purposes. BioneXt Lab may also use this data for research and statistical purposes.

Data is automatically collected and saved by the browsers (“Server log files”) and the App. This data may be freely transferred for statistical and security purposes and for improving the service provided by BioneXt Lab and its partners. Statistical, indirectly personally identifiable data may also be collected for purposes associated with managing your log-in and browsing. Under no circumstances may this data be used for commercial purposes.

The User also consents to allowing browsing of all of the medical biological results by referring physicians, general practitioners and specialists whom the User has previously recorded under his/her profile and declared by the User.

The data collected may only be communicated by BioneXt Lab to its technical partners to the extent strictly necessary for the proper functioning of the App and/or the Website. The data may also be communicated with a view to ensuring the security of the IT networks and data transmissions or in response to legal requirements to which BioneXt Lab is subject.

The data collected may also be communicated to third parties when legislation requires or authorises such.

In the context of the relationship with BioneXt Lab, personal data may be collected by BioneXt Lab either directly from you or indirectly, for the purposes described below. The following personal data may be requested:

Examples of requested data (non-exhaustive list)

Name
Forename
Nationality
Contact language
Date and place (town + country) of birth
Private address
Work address
Occupation
How you got to know BioneXt Lab (acquaintance with a member of BioneXt Lab, recommended by an existing patient, ....)
Mobile phone number
Home phone number
Work phone number
Fax
Email
Person to contact (solely in the case of no more news from the patient)
Copy of a valid ID card/passport
Bank data (IBAN)
VAT number
b) Obligation to provide this data and the consequences of not providing it

From an ethical and regulatory point of view, we are unable to work for people who refuse to provide us with the required information.

c) Purposes of the processing of your personal data

In providing us with your personal data, you expressly authorise us to process (i.e. to collect, store, organise, structure, archive, adapt, modify, extract, view, use, transfer, broadcast, make available, relate or link, limit, delete, destroy) this data for the following purposes:

  • To ensure the proper execution of the mission entrusted to BioneXt Lab
  • To store your data in your electronic case file
  • To answer your questions, requests for information and/or advice
  • To ensure the monitoring and management of your case file
  • To enable the transfer of your data to doctors, GPs and specialists and any other doctor working in a hospital with a partnership with BioneXt Lab
  • To enable the transfer of your data, after anonymisation, to healthcare organisations for research and statistical purposes
  • To enable the transfer of your log-in and browsing data to help manage your case file
  • To ensure the proper functioning of BioneXt Lab facilities
  • To ensure the billing of our services and payment tracking by our accounts department
  • To send out to you our electronic communications and possible invitations
d) Archiving your data

BioneXt Lab is responsible for archiving your case file; this involves the storing of any result for the storage period foreseen by the law or for a default period of 5 years, together with the possibility for a patient – at his/her cost – to view or make a copy of all or part of his/her archived case file during that period. On expiry of such period, the file will be destroyed in its entirety, unless expressly requested otherwise by the patient.

BioneXt Lab does everything to make sure that the personal data collected is relevant, suitable and not excessive vis-à-vis the processing purpose. The personal data collected is stored solely for the period necessary for processing purpose, insofar as the storage of this data is not subject to a legal requirement to which our activity is subject.

e) Transmission of your personal data to third parties

With your prior approval, and in compliance with the professional secrecy to which health professionals are bound, your personal data collected by BioneXt Lab may be wholly or partially transferred to your treating doctor or group of doctors, to any other doctor in a hospital and/or a medical centre with which BioneXt Lab has a partnership agreement, to health organisations for research purposes, or to providers of technical services in the context of the proper management of your case file for research purposes or for technical reasons.

f) Consent of the Data Subject to the processing of his/her Personal Data

We invite you to express your will freely, specifically and in a clear and unequivocal manner to accept the processing of your data as indicated in these Terms and Conditions.

In the event of your personal data having to be transferred to a third party located outside the European Union, BioneXt Lab undertakes to ensure that the destination country offers a similar level of protection with regard to the protection of personal data or that the third party responsible for the processing signs a contract containing the template clauses foreseen by the European Commission with a view to complying with EU Directive 95/46/EC.

g) Your rights regarding your personal data

Any Data Subject has the following rights with regard to the processing of his/her data, subject to providing legitimate grounds. These rights may be exercised via a simple request sent by e-mail to dpo@bionext.lu or by post to the attention of: BioneXt Lab – Service Data Protection – 2-4 Rue du Château d’Eau, L-3364 Leudelange.

  • Right to information
  • Right to easily withdraw his/her consent at any time.
  • Right of access, i.e. to gain confirmation, at any time and on request, as to whether his/her data is being processed or not.
  • Right to correct data, i.e. to have the Data Controller correct any incorrect data as quickly as possible.
  • Right of deletion, i.e. to have the Data Controller delete the data as quickly as possible.
  • Right to restrict processing.
  • Right to data portability.
  • Right to object to the processing at any time on grounds relating to his/her personal situation.
  • Right to not be evaluated/assessed on the basis of any automatic processing.
  • Right to file a complaint with a supervisory authority.
h) IT security of your data

BioneXt Lab stores all medical data in secure databases hosted in certified data centres run by POST-eBRC and located within the Grand-Duchy of Luxembourg. These databases are regularly backed up, in compliance with the strictest norms regarding the confidentiality and integrity of medical data.

i) Applicable law

Any legal dispute relating to data protection is subject to Luxembourg law for its validity, its interpretation, its execution and its extinction, and falls under the exclusive jurisdictions of and in the City of Luxembourg.

Pursuant to (EU) Regulation No. 611/2013, BioneXt Lab undertakes to notify the Commission Nationale pour la Protection des Données du Grand-Duché du Luxembourg (National Commission for the Protection of Data of the Grand Duchy of Luxembourg) of any breach of security / confidentiality within 24 hours of it being detected. BioneXt Lab also undertakes to inform you insofar as the incident detected is likely to adversely affect the level of protection of your private life and your data.

You acknowledge and accept that BioneXt Lab may not under any circumstances be held liable for a security breach accidentally or illegally causing the destruction, loss, alteration, disclosure or unauthorised access to personal data transmitted, stored or processed in relation to the App and/or the Website.

11- Contact with the User

BioneXt Lab may contact the User using the Website, the App or email each time that the proper functioning of the Application and or the Website so justifies, as well as each time that BioneXt Lab has to establish contact with the User, for any reason whatsoever.

12 - Agreement of proof

In order to record the registration as well as the acceptance of these Terms and Conditions and any future amendments to it, BioneXt Lab and its service providers use an IT system to store this information (identification of individuals, acceptance principle, etc.) in a computer database.

The User acknowledges that said information will be valid as proof and shall prevail in his/her relationships with BioneXt Lab and its service providers.

13- Modification of these general terms and conditions

BioneXt Lab reserves the right to modify these Terms and Conditions at any time and to propose new or additional conditions concerning the use of the App and/or the Website. These modifications and additional conditions will be communicated to the User and, if the latter accepts them, will enter into force immediately, forming an integral part of these applicable Terms and Conditions. Should the User refuse to accept these modifications or these additional conditions, BioneXt Lab reserves the right to cancel the User’s Account. The User accepts that BioneXt Lab shall not be liable with regard to him/her or any third party concerning modifications or the cessation of the App and/or the Website.

14- Severability

The invalidity of one of the clauses of these Terms and Conditions shall not in any way make the other clauses in these Terms and Conditions null and void.

15- Applicable law and jurisdiction

These Terms and Conditions are governed by Luxembourg law. All disputes concerning them are subject to the exclusive jurisdiction of the Luxembourg courts of and in the City of Luxembourg.