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Privacy Policy
This document is intended to inform you about how Luxinnovation processes your personal data (hereafter “Your Data”) in accordance with the rules set by European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016 relating to the protection of natural persons and the processing of personal data (hereafter “GDPR”).
In all cases, Luxinnovation is committed to observing the data minimisation principle and ensures that only appropriate and relevant data are processed as required for the purposes defined.
Who is the Controller?
Luxinnovation GIE (hereafter “Luxinnovation” or the “Controller”), incorporated and with its registered office located at 5, Avenue des Hauts-Fourneaux L-4362 ESCH-sur-ALZETTE, is the Controller, which means it determines the purposes and means of the processing of Your Data.
What are the personal data that are collected?
Depending on your situation, the personal data Luxinnovation collects about you may include the following:
- Name(s), first name(s);
- Title, functions within Luxinnovation’s client company;
- Contact details :
- Fixed/mobile phone (business or personal, depending on what is provided by the data subject);
- Postal address (business or personal, depending on what is provided by the data subject)
- E-mail (business or personal, depending on what is provided by the data subject);
- Curriculum vitae.
The GDPR requires that any processing be based on one of the six lawful basis it lists:
- the consent of the data subject,
- the need for the performance of a contract concluded with the data subject or pre-contractual measures at the latter’s request,
- a legal obligation,
- the protection of the vital interests of a natural person,
- the fact that the processing is required for Luxinnovation to fulfil its public interest missions or,
- the legitimate interest of the controller.
Depending on your situation and the reasons for which you are in contact with Luxinnovation, you will find below the purposes of the processing of Your Data and the applicable lawful bases. Be aware that several headings may apply to you.
If you are a candidate applying for a position at Luxinnovation, Your Data are processed for the following purposes:
- receiving applications;
- management of the recruitment process for the position concerned;
- building up a pool of applications for the position concerned.
All these purposes are based on pre-contractual measures at your request.
If you are an employee or representative of a company that Luxinnovation supports in the context of its missions (as defined in its bylaws), Your Data are processed for the following purposes:
Purposes:
Those purposes are based on Luxinnovation’s public interest missions, as detailed below
(Coordinated Bylaws of May 14th 2012, article 2)
Prospecting for clients in and outside Luxembourg:
§1 “To undertake, by all human, material and electronic means, any action of information, assistance and liaison, on both the national and the international level, with the aim of promoting R&D and innovation, technology transfer and the creation of innovative companies in the Grand Duchy of Luxembourg”
Detection of needs, follow-up and support in the context of individual projects
§4 “To assist companies, research organisations and R&D and innovation project initiators and to guide them in the identification of their innovation needs as well as in the definition, organisation, implementation and management of their R&D and innovation projects and programmes”
Processing of funding applications and transmission to the Ministry of the Economy
§4 “To assist companies, research organisations and R&D and innovation project initiators and to guide them in the identification of their innovation needs as well as in the definition, organisation, implementation and management of their R&D and innovation projects and programmes”
§7 “To communicate on his/her own initiative to the ministers responsible for the economy, small and medium-sized enterprises or public sector research, any information or proposal relating to the implementation of R&D and innovation policies in the private and public sectors”
Networking for business and research collaboration
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Sending newsletters and other Luxinnovation information
§ 3 “To raise awareness and inform the general public about innovation, creativity, design and research and development”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Invitation to events organised or co-organised by Luxinnovation
§ 3 “To raise awareness and inform the general public about innovation, creativity, design and research and development”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Online publication of Cluster catalogues: publication on a website hosted by Luxinnovation of the contact details, CEO name(s) and areas of expertise of Luxinnovation-managed Cluster partner companies.
§4 “To assist companies, research organisations and R&D and innovation project initiators and to guide them in the identification of their innovation needs as well as in the definition, organisation, implementation and management of their R&D and innovation projects and programmes”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Statistical analysis of requests for support and participation in projects
§7 “To communicate on his/her own initiative to the ministers responsible for the economy, small and medium-sized enterprises or public sector research, any information or proposal relating to the implementation of R&D and innovation policies in the private and public sectors”
Transfer of information to Luxinnovation shareholders and partners (within and outside the EU)
§8 “To study and analyse, at the request of one of the ministers responsible for the economy, small and medium-sized enterprises or public sector research, any project or programme of a company, research organisation or R&D and innovation project initiator requesting the benefit of an aid scheme or measure or any other matter relating to R&D and innovation, the creation of innovative enterprises and technology transfer”
If you are an employee or representative of a consultancy company approved by Luxinnovation in the framework of its support programmes, Your Data are processed for the following purposes:
Purposes
Those purposes are based on Luxinnovation’s public interest missions, as detailed below
(Coordinated Bylaws of May 14th 2012, article 2)
Selection of consultants on the basis of a call for tenders (precise specifications), management of the client/consultant relationship within the framework of projects managed by Luxinnovation (follow-up, monitoring of compliance with guidelines and deadlines, submission to the Ministry of the Economy)
§4 “To assist companies, research organisations and R&D and innovation project initiators and to guide them in the identification of their innovation needs as well as in the definition, organisation, implementation and management of their R&D and innovation projects and programmes”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Processing of funding applications and transmission to the Ministry of the Economy
§4 “To assist companies, research organisations and R&D and innovation project initiators and to guide them in the identification of their innovation needs as well as in the definition, organisation, implementation and management of their R&D and innovation projects and programmes”
§7 “To communicate on his/her own initiative to the ministers responsible for the economy, small and medium-sized enterprises or public sector research, any information or proposal relating to the implementation of R&D and innovation policies in the private and public sectors”
Networking for business and research collaboration
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Sending newsletters and other Luxinnovation information
§ 3 “To raise awareness and inform the general public about innovation, creativity, design and research and development”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Invitation to events organised or co-organised by Luxinnovation
§ 3 “To raise awareness and inform the general public about innovation, creativity, design and research and development”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Purposes
Lawful basis
Selection of service providers on the basis of calls for tender or requests for quotations, depending on the amounts involved
Legal obligation (Amended law of 8 April 2018 on public procurement)
Follow-up of payments
Luxinnovation’s legitimate interest in monitoring the proper performance of contracts
Compliance with Luxinnovation’s legal and fiscal obligations
Legal obligation (retention of invoices 10 years after their date of issue)
If you are the employee or representative of Luxinnovation shareholders or partners, Your Data are processed for the following purposes:
Purposes
Those purposes are based on Luxinnovation’s public interest missions, as detailed below
(Coordinated Bylaws of May 14th 2012, article 2)
Processing of funding applications and transmission to the Ministry of the Economy
§4 “To assist companies, research organisations and R&D and innovation project initiators and to guide them in the identification of their innovation needs as well as in the definition, organisation, implementation and management of their R&D and innovation projects and programmes”
§7 “To communicate on his/her own initiative to the ministers responsible for the economy, small and medium-sized enterprises or public sector research, any information or proposal relating to the implementation of R&D and innovation policies in the private and public sectors”
Networking for business and research collaboration
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Sending newsletters and other Luxinnovation information
§ 3 “To raise awareness and inform the general public about innovation, creativity, design and research and development”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Invitation to events organised or co-organised by Luxinnovation
§ 3 “To raise awareness and inform the general public about innovation, creativity, design and research and development”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Statistical analysis of requests for support and participation in projects
§7 “To communicate on his/her own initiative to the ministers responsible for the economy, small and medium-sized enterprises or public sector research, any information or proposal relating to the implementation of R&D and innovation policies in the private and public sectors”
Transfer of information to Luxinnovation shareholders and partners (within and outside the EU)
§8 “To study and analyse, at the request of one of the ministers responsible for the economy, small and medium-sized enterprises or public sector research, any project or programme of a company, research organisation or R&D and innovation project initiator requesting the benefit of an aid scheme or measure or any other matter relating to R&D and innovation, the creation of innovative enterprises and technology transfer”
If you participate in events that Luxinnovation organises, alone or in partnership with other organisations, Your Data are processed for the following purposes:
Purposes
Those purposes are based on Luxinnovation’s public interest missions, as detailed below
(Coordinated Bylaws of May 14th 2012, article 2)
Networking for business and research collaboration
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Sending newsletters and other Luxinnovation information
§ 3 “To raise awareness and inform the general public about innovation, creativity, design and research and development”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
Invitation to events organised or co-organised by Luxinnovation
§ 3 “To raise awareness and inform the general public about innovation, creativity, design and research and development”
§ 5 “Promote national, EU and international aid schemes to companies, research organisations and R&D and innovation project initiators and approve innovation advisory and support service providers”
If you are visiting one of Luxinnovation’s websites, Your Data are processed for the following purposes:
- to create and manage the users’ account (i.e. to perform any pre-contractual measures as well as the contract entered into by the users);
- to enable the Data Subjects to use the functionalities of the platforms and websites (i.e. to perform any pre-contractual measures as well as the contract entered into by the users);
- to manage the relationship between Luxinnovation and the user (i.e. to perform any pre-contractual measures as well as the contract entered into by the users);
- to enable the User to access other platforms, tools and services provided by Luxinnovation (i.e. to perform any pre-contractual measures as well as the contract entered into by the users); for prospective purposes (i.e. for the legitimate interests of Luxinnovation in developing its activities).
In all cases and depending on how you are / come into contact with Luxinnovation, Luxinnovation may process Your Data for the following purposes, on the basis of its legitimate interest in protecting its rights and physical and logical assets:
- identify you and give you access to our buildings/parking if you visit our premises;
- organize meetings and video conferences if you take part to such meetings;
- keep the IT infrastructure safe by filtering the Internet traffic (if you connect to our network);
- to verify compliance with ethics and embargo policies and possible legal or regulatory requirements in order to avoid and manage ethics incidents;
- for litigation or defence of claims.
The Data Subjects may, at their discretion, refuse to communicate the Personal Data to Luxinnovation. In this event however, some Luxinnovation services may not be available (for example, the Data Subjects will not be able to create a user account on Luxinnovation websites).
Why does Luxinnovation share Your Data?
Your Data may also be processed by the Luxinnovation’s data recipients (the “Recipients”) which, in the context of the above mentioned purposes, refer to any third party supporting the activities of Luxinnovation.
For the aforementioned purposes, Luxinnovation may transfer Your Data to:
its institutional partners (Luxembourgish ministries, administrations or/and federations, Professional Chambers, University, Public research organisations, Embassies, Trade organisations) or non-institutional partners (Luxembourgish Private research organisations, service providers for the joint organisation of events for example),
its service providers for the sending of newsletters and other publications;
its subcontractors that process data on its behalf.
For the purposes of its international activities (preparation of international trade and invest missions, response to requests from companies located outside the European Economic Area, etc.), Luxinnovation may transfer Your Data to an international organisation or a country located inside and outside the European Economic Area:
- subject to an adequacy decision made by the European Commission;
- not subject to an adequacy decision made by the European Commission, to which such transfers are governed by way of appropriate guarantees (such as the European Commission’s standard contractual clauses) in order to guarantee an adequate level of protection for the transferred data in all circumstances;
- in the absence of an adequacy decision or appropriate guarantees, on the basis of your explicit consent.
The Recipients may, under their own responsibility, disclose the Personal Data to their agents and/or delegates (the “Sub-Recipients”), which shall process the Personal Data for the sole purposes of assisting the Recipients in providing their services to Luxinnovation and/or assisting the Recipients in fulfilling their own legal obligations.
How long will Your Data be kept?
The duration of the storage of your data will be determined by:
- the purposes detailed above;
- any legal or regulatory obligations to keep data;
- the applicable legal limitation period.
The main applicable deadlines are as follows:
- the data of unsuccessful candidates applying for a position at Luxinnovation is eliminated after two years. The personal data of the selected candidate is transferred to his/her “Luxinnovation Employee” file and enriched according to the requirements of the Employer-Employee relationship;
- when Luxinnovation learns (social networks, a definitive out of office, oral information, non-delivery of Luxinnovation emails…) that an employee or representative of a company with which it is in contact for one of the above purposes has left that company, the person’s contact record is deactivated;
- when a person opts out of a processing operation based on his or her consent, that person’s name is removed from the marketing lists with which he or she is associated.
What are your rights and how can you exercise them?
As a data subject, you have various rights. Below is a brief description of these rights and how you can exercise them.
- Right to information : You can send us any questions regarding the recording and processing of Your Data.
- Right of access : You may, at any time, and by written request to us, obtain confirmation that Personal Data concerning you is processed or not and, where applicable, obtain access to such data and a free copy thereof.
- Right to rectification : You may, at any time, and via a written request addressed to us, obtain the rectification of any inaccurate personal data concerning you. You can also request that incomplete data be completed in the same way.
- Right to erasure : You may, at any time, and by written request to us, obtain the deletion of Your Data, provided that one of the following reasons applies:
- the data is no longer necessary for the purposes for which it was collected and processed;
- you have withdrawn your consent on which the processing was based and there is no other legal basis for it;
- you object to the processing and there is no compelling legitimate reason for it;
- the data has been unlawfully processed; the data must be deleted in order to comply with a legal obligation.
- Right to limitation of processing: You may request, by sending a written request to us, that the processing be limited for one of the following reasons:
- you dispute the accuracy of the Personal Data (processing will be limited for the period necessary to verify the accuracy of the data);
- in the event of unlawful processing, you object to the deletion of Your Data and request that its use be limited;
- we no longer need Your Data for processing purposes, but it is still necessary for you to establish, exercise or defend legal claims;
- you have objected to the processing (the processing will be limited for the period necessary to verify the existence of legitimate grounds pursued by Luxinnovation that would prevail over yours).
Where processing restrictions are granted, personal data may, with the exception of storage, be processed only with the consent of the data subject, or for the establishment, exercise or defence of legal rights, or for the protection of the rights of another natural or legal person, or for important reasons relating to the public interest.
- Right of opposition : You have the right to object, at any time and by sending a written request to us, for reasons relating to your particular situation, to the processing of Your Data based on the performance of a public mandate or necessary for the legitimate interests pursued by us.
We will no longer process such personal data unless it is demonstrated that there are legitimate and compelling reasons for processing that prevail over your interests and rights and freedoms, or for the establishment, exercise or defence of legal rights.
When your personal data is processed for the purpose of prospection, you have the right to object at any time to this processing.
- Right to portability : You have the right, by sending a written request to us, to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and to transmit such data to another controller without the firm hindering it, when:
- the processing is based on your consent or a contract; and
- the processing is carried out using automated processes.
- Right to withdraw consent : Where the processing is based on your consent, you have the right to withdraw it at any time by sending a written request to us. The withdrawal of your consent will not affect the lawfulness of the processing operation based on the consent given before it was withdrawn.
- Right to lodge a complaint: We make every effort to ensure that our legal obligations regarding data protection are respected and to respond as quickly as possible to any complaint addressed to us in this regard.
For any questions regarding the processing of your personal data carried out by Luxinnovation, and for any queries regarding the exercise of your rights, please contact the Luxinnovation DPO : DPO@luxinnovation.lu.
In the event that you are not satisfied with the response received, you have the option of filing a complaint with the Luxembourg supervisory authority:
Commission Nationale pour la Protection des Données (the “CNPD”)
15, Boulevard du Jazz
L-4370 Belvaux
Grand-Duchy of Luxembourg
You also have the option of contacting the supervisory authority in your country. You will find the contact details of all the supervisory authorities here: https://edpb.europa.eu/about-edpb/board/members_en.