General terms and conditions of use
The mobile application myLAB® (hereinafter referred to as the "Application") and the website www.bionext.lu "myLAB space" (hereinafter referred to as the "Website") are available online by BioneXt S.A. (RCS Luxembourg: B 140 641), a medical biology analysis laboratory established at 2-4 rue du Château d’Eau, L-3364 Leudelange, Luxembourg and represented by its sole director, Doctor Jean-Luc Dourson, (hereinafter referred to as "BioneXt Lab").
Under these general terms and conditions of use, BioneXt Lab shall provide patients, health professionals, and any person using the Application and/or the Website (hereinafter referred to as the "User") with an application and the website using a connection to a secure space dedicated to the User, which will enable them to consult their data/analysis results, their history as well as various information relating to BioneXt Lab’s activities.
As this relates specifically to personal and/or medical information, the latter will be of a strictly confidential nature.
2- Access to the Application and/or to the Website
The Application may be downloaded free of charge on any compatible and functioning mobile device which has as its operating system the iOS or Android platform.
- User account
Prior to any connection, the User must register on the Application and/or the Website and create his/her personal space (hereinafter referred to as the "Account").
The User is prohibited from disclosing the information relating to his/her Account (with this including his/her access codes) to anyone whomsoever. The User is solely responsible for maintaining the confidentiality and security of his/her Account, and all the activities related thereto directly or by means thereof, and the User undertakes to notify BioneXt Lab immediately of any infringement of the security of his/her Account. The User expressly acknowledges and accepts that the Application and/or the Website are designed and intended for strictly personal use. In this regard, the User shall refrain from sharing the information on its Account with anyone whomsoever. Provided that it has proved its reasonable competence and diligence, BioneXt Lab cannot be held responsible for the disclosure of confidential information or losses resulting from the unauthorised use of the User's Account and non-compliance with these usage rules.
In order to use the Application and/or the Website, the User must enter his/her username and access code to authenticate the Account. The User agrees to provide accurate and full information at the time of his/her registration, and to update his/her registration data to ensure that it is always accurate and complete. If accurate, current and full registration data is not provided to the Application and/or the Website, BioneXt Lab reserves the right to suspend or cancel the User's Account. The User accepts that BioneXt Lab shall store and use the registration data to the Application and/or to the Website that the User provides.
Users have a right to access, correct, modify and delete data which concerns them personally. This right may be exercised by post to BioneXt Lab at 2-4 rue du Château d’Eau, L-3364 Leudelange, Luxembourg or electronically to the email address email@example.com
- Log in
Any User may log into the Application and/or to the Website free of charge for the purposes of consulting the information published.
The use of the Application and/or the Website may require compatible devices, access to the Internet and the installation of certain software (costs may apply). The performance of the Application and/or the Website may be affected by the proper functioning of these factors. The User acknowledges and accepts that it is his/her responsibility to meet the conditions for the proper functioning of the Application and/or the Website.
- Usage restriction
The User agrees to use the Application and/or the Website only for the purposes authorised by these general terms and conditions and in accordance with the applicable laws and regulations, or with generally accepted practices.
If the use of the Application and/or the Website made by the User, or any other behaviour of the latter intentionally or otherwise threatens BioneXt Lab’s ability to maintain the Application and/or the Website as well as the confidentiality of the information related thereto, or of any other system, BioneXt Lab may take all reasonable measures in order to protect the Application and/or the Website or to preserve the stored confidential information, including the immediate suspension or cancellation of the User's right to access the Application and/or the Website.
- Availability of the Application and/or the Website
The Application and/or the Website, or any functional feature or part thereof, may not be available in all countries. BioneXt Lab does not guarantee the Application and/or the Website, or any functional feature or part thereof, shall be suitable or available anywhere. The User shall choose to access and use the Application and/or the Website on his/her own initiative and is therefore responsible for acting in accordance with any applicable law.
A cookie is a text file stored on the hard disk of the User's terminal (computer, tablet, mobile phone) through his/her browsing software at the time of consulting the Application and/or the Website.
This means that a cookie is sent to BioneXt Lab each time the User opens a page of the Application and/or the Website from his/her computer or from his/her mobile device. The cookies stored byBioneXt Lab or by third parties when the User visits the Application and/or the Website do not personally recognise the User as an individual, but only recognise the device which s/he is currently using. The cookies do not store any sensitive personal data but simply give information on the User's browsing so that his/her terminal can be recognised later.
Cookies do not cause any damage to the User's device, but make it easier, for example, to find his/her preferences, to pre-fill certain fields and to adapt the content ofBioneXt Lab’s services.
BioneXt Lab cannot under any circumstances be held responsible for any damage whatsoever resulting or originating from cookies on the User's device.
Only the User chooses if s/he wishes to have cookies stored on his device and the User can easily control the storage of cookies. As authentication on the Website requires cookies, access to restricted content requires that they are accepted.
- Absence of transfer of rights
None of the provisions of these general terms and conditions should have the effect of conferring any interest, title or licence to the User concerning an Application and/or Website username, a domain name, an email address or a similar resource used by the User in relation to the Application and/or the Website.
3- Obligations of the User
Access to the Application and/or to the Website and the consultation of the information that it contains, as well as any interpretation which may be made thereof, shall be carried out under the sole responsibility of the User who undertakes to make a strictly personal and non-commercial use thereof.
4- Obligations of BioneXt Lab
BioneXt Lab shall dedicate, within reasonable limits, all means at its disposal in order to ensure continuity of access to the Application and/or the Website to enable the User to have optimum use of the latter. BioneXt Lab’s undertaking is the result of a simple best-efforts obligation.
Furthermore, BioneXt Lab reserves the right at any time to suspend access to the Application and/or to its Website at any time as part of operations such as maintenance and update of the software, maintenance and change in hardware, update of content, etc.
5- Deletion of the User's Account
- On the User's initiative
The User may request the deletion of his/her Account or stop using the Application and/or the Website at any time. In order to delete the Account, the User should request this by post to BioneXt Lab at 2-4 rue du Château d’Eau, L-3364 Leudelange, Luxembourg or electronically to the email address firstname.lastname@example.org. If the User requests the deletion of his/her Account, s/he will no longer have access to the Application and/or to the Website using this username. This operation is irreversible.
- On BioneXt Lab’s initiative
BioneXt Lab may at any time, without prior notice, immediately delete or suspend all or part of the User’s Account or access to the Application and/or to the Website in the event of unexpected technical or security problems and which specifically endanger the security of the confidential information related to the User. Such a deletion or suspension shall be carried out byBioneXt Lab at its entire discretion, and BioneXt Lab may not be held responsible to anyone whomsoever for damages which may result from this deletion or suspension of the User or access to the Application and/or to the Website.
BioneXt Lab undertakes to respect the strictest confidentiality of the information relating to the User throughout the period that it is present on the Application and/or the Website.
In particular, with regard to the Confidential Information (such as they are defined above), subject to article 10 of these general terms and conditions, BioneXt Lab agrees:
(a) not to use them for purposes other than the execution hereof;
(b) not to disclose them to third parties, in any manner whatsoever, without the prior written agreement of the User concerned;
(c) to restrict its dissemination solely to the members of its staff or its partners' members of staff who need it as part of the execution hereof;
(d) to preserve its confidential nature by applying provisions similar to those that it usually uses to protect its own confidential information;
(e) ensure that the above-mentioned members of its own staff or the staff of its partners comply with the provisions of points (a), (b) and (c) above;
(f) ensure that the subcontractors with which it might be called upon to collaborate comply with the same terms and conditions.
"Confidential Information" within the meaning hereof means all information of any kind whatsoever and in any form whatsoever which is communicated by one of the Parties to the other, or of which one Party comes to be aware as part of the execution hereof, whether this information is either relative to their purpose, or whether it is the property of the other Party.
Notwithstanding the provisions above, for the sole purposes of carrying out its services properly, BioneXt Lab may allow access to the Confidential Information to approved third parties, on condition that this access is necessary for the implementation of the services and/or the maintenance of the Application and/or the Website.
There may not be any disclosure to third parties of the Confidential Information for commercial purposes or for unauthorised use under the terms hereof.
It should be pointed out that secrecy of data exchange is not guaranteed on the Internet and that it is up to each User of the Application and/or the Website to take all appropriate measures in order to protect his/her own data.
7 - Liability
The Application and/or the Website are additional resources intended to help the User in his/her interactions with BioneXt Lab. It is not under any circumstances intended to substitute for the User's assessment or judgement.
In any case, BioneXt Labcannot be held liable for any loss suffered by the User – or by persons to whom the latter may have deliberately or involuntarily allowed access to the Application and/or to the Website – because of an event that has occurred out of BioneXt Lab's exclusive control, and in particular damage that comes under:
- the authenticity, accuracy or medical relevance of the information transmitted to BioneXt Lab by Users, particularly the identifying data of patients and the results of medical analyses, and/or
- the inappropriate use, due to fault or otherwise, of the Application and/or the Website by the User, and/or
- a malfunction of the hardware and/or software used by the User to access the Application and/or the Website caused – among others – by a virus, security failure, spyware, rootkit, etc. and shall be thus, regardless of the person or the computer system which suffered the said damage, and/or
- a suspension or a disturbance in access to the Application and/or to the Website due to the action of a third party and/or a case of force majeure, including working disputes (strikes, lockouts, etc.) within BioneXt Lab or any subcontractor playing a role in the full availability of the Application and/or the Website, and/or
- the temporary impossibility of consulting the sources of information accessible from the Application and/or the Website using links to other sites.
BioneXt Lab may not be held liable with regard to the same persons for any indirect damage. Its liability would in any event be limited to the direct damage caused by the Application and/or the Website for:
- any disturbance in access to the Application and/or to the Website by the User solely due to a fault of BioneXt Lab proven by the User, and/or
- damage resulting from consultation of the Application and/or the Website and the use of the information that they contain, and/or damage caused by the Application and/or the Website to the computer system implemented by the User to access the said application and/or said website.
8 - Intellectual property
BioneXt Lab is the owner of the overall presentation of the Application and/or the Website (site source code, fixed automatically generated pages, photos, drawings, illustrations, sounds, videos, names, brands, logos, databases, software, etc.).
All of these elements are therefore protected by Luxembourg law on international property, and are so except for the rights which third parties may have on some of these elements.
Subject to the express relevant legal provisions and/or prior written authorisation from BioneXt Lab, any copy, representation, broadcast or rebroadcast, modification in whole or in part, sale, resale, retransmission or provision to third parties, in whole or in part, of the content of this Application and/or this Website on any medium or by any process whatsoever would constitute a forgery likely to invoke the civil and criminal liability of the forger.
Any content reproduced and/or disseminated by virtue of a legal provision of or prior written authorisation from BioneXt Lab must include all the wording relating to copyrights, other details and information as to the trademarks appearing on the original, as well as the source, quoting the website address (URL) of the page and the words “© BioneXt Lab”.
9- Data security
BioneXt Lab shall take all useful precautions with regard to the current state of the technology and the nature of the data processed and kept in order to preserve the security and integrity of this data and, in particular, prevent it from being altered, lost, or that unauthorised third parties have access thereto.
BioneXt Lab or its service providers shall keep all the medical data in secure databases which are regularly backed up, and which meet the strictest standards imposed for the confidentiality and integrity of medical data.
BioneXt Lab may call on local partners outside the Eurozone. These service providers shall guarantee a limited and verified access to the personal and/or confidential data, solely by authorised persons. Its partners' server may be located outside the Eurozone, as long as the security of the data is preserved.
10- Personal data
a) Collection of personal data
In its capacity as data controller, BioneXt Lab is led to collect personal data from the User and medical analysis laboratories (any information, of any nature whatsoever including of a medical nature relating to an identified or identifiable natural person, directly concerning the User. This data is stored in BioneXt Lab's information systems and or those of its service providers.
Electronic data may also be collected and/or deposited in the User's information system for the purposes of managing his/her connection and his/her browsing on the Application and/or the Website. The User may refuse the use of these files (also called "cookies") through the configuration of/her Internet browser.
Meeting these terms and conditions is equivalent to the User's consent to the processing of the personal data relating to him/her described in this article, with some of this data being obligatory for the processing of the User's requests.
The data collected is called upon to be used in communicating the results of medical biology analyses to the User. In addition, as part of the care of the User in a hospital environment, specifically through BioneXt Lab's partnerships with hospital stakeholders, the results of the mental biology analyses may be consulted by doctors practising within the hospital facility.
The User expressly agrees to the fact that the biological data, samples or any information concerning the User shall be anonymized and may be freely communicated and transmitted to health facilities (such as, for example and not limited to, the Luxembourg Centre for Systems Biomedicine (LCSB), the Integrated Biobank of Luxembourg (IBBL), etc.), or any other partner, for research and statistical purposes. BioneXt Lab will also be likely to use this information for research and statistical purposes.
Data will be automatically collected and saved by the browsers ("Server-log-files") and the Application. This data will be freely transferred for the purposes of statistical analysis, security and improvement of the service offered by BioneXt Lab and its partners. Indirectly personally identifiable data for statistical use also be collected for the purposes of managing your connection and your browsing. Under no circumstances can 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 disclosed by BioneXt Lab to its technical service providers within the limits strictly needed for the proper functioning of the Application and/or the Website. These disclosures may also have the purpose of ensuring the security of the computing networks and transmissions or meet the legal obligations for which BioneXt Lab is liable.
The data collected will also be disclosed to third parties when the law so requires or authorises.
As part of the relationship with BioneXt Lab, data of a personal nature is likely to be collected, whether this is directly from you or indirectly, making it possible for BioneXt Lab to implement the aims described below. The personal data requested may be as follows:
Examples of requested data (non-exhaustive list)
|Place (town + country) and date of birth|
|How introduced (knows one of the members of BioneXt Lab, recommended by an existing patient, etc.)|
|Marital status/civil status/matrimonial property regime|
|Person to be contacted only if no news from the patient|
|Copy of valid identity document|
|Bank details (account number, IBAN)|
b) Obligation to provide this data and consequences in the event of non-provision of the data
From an ethical and regulatory point of view, we are not able to work for persons who refuse to suppliers with the required information.
c) Purposes of the processing of your personal data
By supplying your personally identifiable information, you are expressly authorising us to process (collect, store, organise, structure, keep, adapt, modify, extract, consult, use, communicate by transmission, disseminate or other form of provision, align or combine, limits, erase, or destroy) the said data for the following purpose(s):
- Enable the proper execution of the task for which BioneXt Lab has been appointed
- Store your data in your electronic record
- Answer your questions, requests for information and/or advice
- Monitor and manage your record
- Enable the transmission of your data to doctors, general practitioners and specialists, and to any other doctor in the hospital facility with which BioneXt Lab has formed a partnership.
- Enable the transmission of your data to referring doctors, general practitioners and specialists, whom you have previously declared and recorded under your user profile on the Website or the Application
- Enable the transmission of your data, after anonymisation, to health facilities for research and statistical purposes
- Enable the transmission of your logon and browsing data for the purposes of managing your records
- Ensure that BioneXt Lab's technical installations function properly
- Invoice for our services and proper follow-up by our accounts department
- Send you our electronic communications and potential invitations
d) Keep your data
BioneXt Lab shall be responsible for the archiving of your record; this includes the keeping of any results during the conservation period stipulated by the law or failing this, a period of five years, and the ability for the patient – at his/her expense – to consult or to make a copy of all or part of the archived record during the same period. Upon the expiry of this period, the record was destroyed in its entirety, unless the patient expressly requests otherwise.
Once our operations have ended with regard to your record and the payment of our invoice has been made, the computer data shall be archived.
BioneXt Lab shall ensure that the personally identifiable data collected are relevant, adequate and not excessive in relation to the planned processing purpose. The personally identifiable data collected shall only be kept for the period required to carry out the processing purpose, unless the keeping of this data is part of a legal obligation to which our business is subject.
e) Transmission of your personal data to third parties
With your prior agreement, and while respecting the professional secrecy to which health professionals are subject, your personal data collected by BioneXt Lab is likely to be transferred partially or in full to your attending physician, any other doctor from the hospital facility with whom BioneXt Lab has formed a partnership, to health facilities for research purposes, or to technical service providers as part of the proper management of your record, for research purposes or a technical purpose.
f) Consent of the Data Subject as to the processing of their Personal Data
We ask you to show freely your specific, clear and unequivocal wish as to the acceptance of the processing of your data as given in these general terms and conditions of use.
In the event that your personal data has to be transmitted to a third-party located outside the European Union, BioneXt Lab shall undertake that the destination country offers a similar level of protection in terms of the protection of personal data or that the third-party data controller undertakes to sign an agreement containing the typical contractual clauses stipulated by the European Commission with a view to complying with directive 95/45/CE.
g) Your rights relating to your personal data
Any Data Subject concerned by the collection of personally identifiable data has the following rights, subject to providing legitimate grounds, for the personal data concerning him/her being subject to processing, upon simple request sent by electronic mail to email@example.com or by letter sent for the attention of: BioneXt Lab, Data Protection Service, 2-4 rue du Château d’Eau, L-3364 Leudelange, Luxembourg.
- Right to be informed.
- Right to withdraw his/her consent easily and at any time.
- Right of access, that is to say, to obtain, at any time and on request, confirmation that the data has been processed or not.
- Right of correction, that is to say, to obtain the correction of inaccurate personal data as soon as possible from the controller.
- Right to erasure/right to oblivion, that is to say, to obtain the erasure of the data by the controller as soon as possible.
- Right to restrict processing.
- Right to data portability.
- Right to oppose processing at any time based on grounds relating to his/her own situation.
- Right not to be assessed based on automated processing.
- Right to initiate a claim with a supervisory authority.
h) Computer security of your data
BioneXt Lab refers you to article 9 of these general terms and conditions on this point, specifying that all the medical data are in secure databases which are regularly backed up, and which meet the strictest standards imposed for the confidentiality and integrity of medical data.
i) Applicable law
Any 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.
In accordance with (EU) Regulation No. 611/2013, BioneXt Lab undertakes to warn 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 the violation within a period of 24 hours from the finding of a security violation and of the confidentiality of personally identifiable information and BioneXt Lab also undertakes to inform you on condition that the incident found 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 violation accidentally or illegally causing the destruction, loss, alteration, disclosure or unauthorised access to personally identifiable data transmitted, stored or processed in relation to the Application and/or the Website.
11- Contact with the User
BioneXt Lab may contact the User using the Website, the Application or by 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 its future amendments, BioneXt Lab and its service providers have a computer system storing this information (identification of individuals, acceptance principle, etc.) in a computer database.
The User acknowledges that the 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 general terms and conditions at any time and to impose new or additional conditions concerning the use of the Application and/or the Website. These modifications and additional conditions will be communicated to the User and, if the latter accepts them, they will enter into force immediately and will form an integral part of these applicable general terms and conditions. If the User refuses 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 Application and/or the Website.
14- Nullité de clause
The invalidity of one of the clauses of these general terms and conditions shall not in any way make the other clauses in these general terms and conditions null and void.
15- Droit applicable et attribution de juridiction
These general terms and conditions of use are governed by Luxembourg law.
All disputes which concern them shall be subject to the exclusive jurisdiction of the Luxembourg courts of and in the City of Luxembourg.