General Terms and Conditions of Use
Last update : Thursday, 20th February, 2020
VIREO invites you to enter these conditions in PDF format before giving your acceptance to ensure that you accept them without reservation.
The website https://www.vireo.lu (hereinafter, the “Website”) and https://my.vireo.lu (hereinafter, the “Platform”) are put online by VIREO, a limited liability company established at 4, rue Jean-Pierre Brasseur, L-1258 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B222152 and represented by its current manager (hereinafter, “VIREO”).
Under the terms of these General Terms and Conditions of Use, VIREO makes available to any physical person using the Website and/or the Platform (hereinafter the “User”) :
- a Website allowing to consult various information relating to the offers proposed by VIREO
- a Platform for subscribers (employees/collaborators with self-employed status in an enterprise and their dependent household members), namely :
- My Health : a tool for measuring and preventing the mental health of employees in a company ;
- My Tax : the first tax adviser for resident and non-resident individuals enabling them to draw up their tax returns (or annual statements) in Luxembourg. This system includes any forms attached to the tax return and is also open to members of the household who are dependent on the suscribing employee, exclusively through the latter’s personal subscription ;
- My Lawyer : a tool for analysing needs and putting you in touch with one or more specialised lawyers ;
- My Need composed of My Insure & My Credit : a tool for analysing needs and putting you in contact with a wealth advisor / insurance and/or credit intermediary in order to ensure better neutrality, also open to the spouse/life partner of the subscribed employee, exclusively through the latter’s personal subscription ;
- My First Step : a support tool to launch into Luxembourg’s working life and the possibility of a personalised tutorial to present the company and gather documents/information useful for the integration of a new talent ;
- My Benefits : a tool that gathers the company’s salary benefits and can animate / present them in the form of tutorials.
And all this via a connection to a highly secure area dedicated to the User.
In particular, personal, patrimonial and/or fiscal information is strictly confidential.
2- Access to the Website and Platform
- User account
Prior to any connection, the User’s registration on the Website (as well as on the Platform and the creation of his personal space) is mandatory (hereinafter the “Account”).
The User is solely responsible for maintaining the confidentiality and security of his Account, and for all activities related to it directly or through it.
The User undertakes to immediately notify VIREO of any breach of the security of his Account. The User expressly acknowledges and accepts that the Website and/or the Platform are designed and intended for restricted personal/family use. In this respect, the User shall refrain from sharing his Account information (including his access codes) with any other person other than his spouse/partner or any other member of his household who is dependent on him. Subject to reasonable skill and diligence, VIREO shall not be liable for any disclosure of confidential information or losses resulting from unauthorized use of the User’s Account and failure to comply with these rules of use.
In order to use the Website and/or the Platform, the User must enter his identifier and access code to authenticate the Account. The User agrees to provide accurate and complete information when registering, and to update his registration data to ensure that it is always accurate and complete. If the User fails to provide accurate, current and complete registration data on the Website and/or on the Platform, VIREO reserves the right to suspend or terminate the User’s Account and to inform the employer, if applicable, if it is the employer who has subscribed to this service for the benefit of its employee. The User agrees that VIREO may store and use the registration data on the Website and/or on the Platform provided by the User.
Users have the right to access, rectify, modify and delete data concerning them personally. These rights may be exercised by post to VIREO at 4 rue Jean-Pierre Brasseur, L-1258 Luxembourg or by electronic means at : firstname.lastname@example.org.
Any User may connect to the Website free of charge in order to consult the information published.
Any User can connect to the Platform free of charge in order to use the services made available to him.
The User is informed that the Website and/or the Platform are accessible in SAAS mode and that this access is made on his equipment, whether personal or made available by his employer (computer, digital tablet, smartphone, …), on his own internet access network (or the one the employer provides) compatible with the Website and/or the Platform and under his own responsibility. Telecommunication costs enabling acess to the Website and/or the Platform shall be borne by the User (or his employer), as well as the communication costs incurred by their use.
The User acknowledges and accepts that it is his responsibility to meet the conditions for the proper functioning of the Website and/or the Platform.
- Restriction of use
The User agrees to use the Website and/or the Platform only for the purposes authorised by these General Terms and Conditions and in accordance with applicable laws and regulations, or generally accepted practices.
If the use of the Website and/or the Platform by the User, or any other behaviour of the User, intentionally or unintentionally threatens VIREO’s ability to maintain the Website, the Platform and the confidentiality of the information attached thereto, or any other system, VIREO may take all reasonable measures to protect the Website, the Platform and/or to preserve the confidential information stored, including the immediate suspension or termination of the User’s right to access to the Website and/or the Platform.
- Availability of the Website and/or Platform
The Website, the Platform or any feature or part thereof may not be available in all countries. VIREO does not guarantee that the Website, the Platform or any feature or part thereof is appropriate or available anywhere. The User chooses to access and use the Website and/or the Platform on its own initiative and is therefore responsible for acting in accordance with any applicable law.
A cookie is a small text file stored on the hard disk of the User’s terminal (computer, tablet, mobile phone) by means of his browser software when consulting the Website and the Platform.
This means that a cookie is sent to VIREO each time the User opens a page of the Website or the Platform from his computer or mobile device. The cookies recorded by VIREO or by third parties when the User visits the Website and/or the Platform do not personally recognize the User as an individual, but only recognize the device he is using. Cookies do not store any sensitive personal data but simply provide information about the User’s navigation so that his device can be recognized at a later date.
Cookies do not cause any damage to the User’s device but make it easier, for example, to retrieve his preferences, to pre-fill certain fields and to adapt the content of VIREO’s services.
VIREO shall in no event be held liable for any damage whatsoever resulting from or originating cookies on the User’s device.
Only the User chooses whether he wishes to have cookies stored on his device and the User can easily control the recording of cookies. The refusal to accept cookies will hinder the User’s free consultation of the Website and/or the Platform.
For further information, the User is invited to read the Cookie Management Policy established by VIREO on the VIREO Website or by clicking directly on the following link : https://www.vireo.lu/en/cookies-policy/
- No transfer of rights
Nothing in these Terms and Conditions shall have the effect of conferring on the User any interest, title or license in or to any identifier of the Website, Platform, domain name, email address or similar resource used by the User in connection with the Website.
3- Obligations of the User
Access to the Website and/or the Platform as well as the consultation of the information contained therein, as well as any interpretation that may be made of it, are carried out under the sole responsibility of the User, who undertakes to make strictly personal and non-commercial use thereof.
In particular, the User undertakes not to harm or attempt to harm the integrity or security of the Website and/or the Platform. In this respect, the User undertakes, in particular, to scrupulously respect the following rules :
– not to download, display or transmit in any way whatsoever any content that may undermine the integrity or confidentiality of the systems and data of VIREO, other Users and third party service providers ;
– not to extract any data appearing on the Website and/or the Platform in order to reuse it without authorisation ;
– not to copy, modify, in particular by decompiling, merging into another software or determining, the source code, algorithms, structure or organisation underlying the Website and/or the Platform.
Furthermore, the User must take all necessary measures to safeguard by his own means the information he deems necessary from his Account since the Platform will not provide him with any copies, in particular upon termination at his initiative, that of his Employer or that of VIREO or for any other reason.
4- Obligations of VIREO
VIREO devotes, within the limits of reasonableness, all the means at its disposal to ensure continuity of access to the Website and/or the Platform and to allow the User optimal use thereof. VIREO’s commitment results from a simple obligation of means.
VIREO ensures that its software is constantly updated by doing everything possible to offer the highest degree of relevance and reliability in its field.
More particularly, concerning the My Tax application, if it turns out that, despite all the care taken, a particular situation has not been integrated into the software by VIREO, the latter undertakes to take, at its own expense, the filling in of the impacted declaration (or annual statement) and/or its annexes and to provide direct support to the employee.
In addition, VIREO also provides the employee (and the members of his household in his charge) with a follow-up service (revision service) in the event of incorrect taxation by the Tax Administration. The employee (and his dependent household members) can have access to this service by paying an amount defined prior to the launch of this service. If the incorrect taxation is due to a manifest error by VIREO and the request to benefit from this revision service is made within two (2) months following receipt of the statement by the Administration, the cost of the revision service will be reimbursed by VIREO to the employee (or to the members of his dependent household).
As part of his collaboration with the employer, an employee who subscribes to the My Need service can benefit from the services of wealth advisors. VIREO is not financially linked to the wealth advisory service and wishes to maintain its independence with regard to the advice offered.
VIREO also reserves the right to suspend at any time the access to its Website and/or Platform for interventions such as software maintenance and upgrades, hardware maintenance and evolution, or content updates.
VIREO may put online hypertext links that may direct Users to websites published and managed by authorized third parties. VIREO has no control or supervision over these third parties. It cannot be held responsible for the content and services made available on third party websites, for security or integrity problems of the User’s data, hardware and software as well as for any consequence or damage that could result from the use of these applications and/or third party websites.
5- Deletion of the User’s Account
- At the User’s initiative
The User may request the deletion of his Account or stop using the Website and/or the Platform at any time. To delete the Account, the User must make a request by post to VIREO at 4, rue Jean-Pierre Brasseur, L-1258 Luxembourg or by e-mail to email@example.com.
If the User requests the deletion of his Account, he will no longer have access to the Website and/or the Platform by means of this identifier. This operation is irreversible.
- At the initiative of VIREO
VIREO may, at any time and without prior notice, immediately delete or suspend all or part of the User’s Account or access to the Website and/or the Platform in the event of unexpected technical or security problems that endanger, in particular, the security of confidential information relating to the User. Such deletion or suspension shall be carried out by VIREO at its sole discretion, and VIREO shall not be liable to any person for any damages that may result from such deletion or suspension of the User’s Account or access to the Website and/or the Platform.
VIREO undertakes to respect the strictest confidentiality of information relating to the User throughout the existence of his Account on the Website and/or the Platform.
In particular, with regard to Confidential Information (as defined below), subject to article 10 of these General Terms and Conditions, VIREO undertakes to :
- not to use them for any purpose other than the execution of this agreement ;
- not to communicate them to authorised third parties (legal service provider, asset advisor, medical/coaching service provider), in any way whatsoever, without the prior written consent of the User concerned ;
- to preserve its confidentiality by applying provisions similar to those it usually uses to protect its own confidential information ;
- to ensure that the subcontractors (such as an IT service provider) with whom it may be called upon to collaborate comply with the same constraints.
“Confidential Information” as used herein means all information of any nature and in any form whatsoever communicated by either Party to the other Party, or which comes to the knowledge of either Party in the course of the execution of this Agreement, whether or not such information relates to the subject matter hereof, is or is not the property of the other Party.
Notwithstanding the above provisions, for the sole purpose of correctly providing its services, VIREO may allow access to the Confidential Information to authorized third parties, in particular to IT service providers, provided that such access is necessary for the implementation of the services and/or the maintenance of the Website and/or the Platform.
The Confidential Information may not be communicated to unauthorised third parties for commercial purposes or for unauthorised use under the terms hereof.
It is reminded that the secrecy of correspondence (private correspondence being defined as any message exclusively intended for one or more natural or legal persons, determined and individualised through an email exchanged between two or more correspondents, from a messaging service) is not fully guaranteed on the Internet network and that it is up to each User of the Website and/or the Platform to take all appropriate measures to protect his or her own data.
The Website and/or the Platform are a means intended to help the User in his interactions with various organisations and/or service providers. It is in no way intended to replace the User’s appreciation or judgement.
The Website and/or the Platform are accessible in principle 7 days a week and 24 hours a day, except in cases of “force majeure”, difficulties related to the structure of the telecommunication networks or technical difficulties.
Similarly, VIREO does not guarantee the quality of the communication links with the User and cannot be held responsible for any failures or malfunctions observed on the communication networks used.
Under no circumstances shall VIREO be held liable for the consequences, of any nature whatsoever, related to the documents possibly generated by the Website, its Platform and/or one of its functionalities, based on the information transmitted by the User.
The functionalities offered by the Website, by the Platform, and the documents generated by this means, shall comply with Luxembourg legislation applicable to VIREO.
VIREO’s obligation of means is based on an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.
Under no circumstances may VIREO be held liable for any damage suffered by the User – or by persons to whom the User has voluntarily or involuntarily allowed access to the Website and/or the Platform – due to an event beyond the exclusive control of VIREO, and in particular for any damage falling within the scope of :
- the authenticity, accuracy or relevance of the information transmitted to VIREO by Users ;
- and/or the inappropriate use, wrongful or not, of the Website and/or the Platform by the User ;
- and/or a malfunction of the hardware and/or software used by the User to access the Website and/or the Platform caused – among other things – by a virus, a security breach, a spyware, a rootkit, a server problem,… And this, regardless of the person or computer system that suffers the said damage ;
- and/or a suspension or disruption of access to the Website and/or the Platform resulting from the action of a third party and/or a case of “force majeure”, including, in particular, labour disputes (strike, lockout, etc.) within VIREO or any subcontractor involved in the perfect availability of the Website and/or the Platform ;
- and/or the temporary impossibility to consult the sources of information accessible from the Website and/or the Platform via links to other sites.
VIREO cannot be held liable to these same persons for any indirect damage. Its liability is in any event limited to the direct prejudice caused by the Website and/or The Platform under :
- any disruption in access to the Website and/or the Platform by the User solely due to a fault on the part of VIREO proven by the User ;
- and/or damage resulting from the consultation of the Website, the Platform and/or the use of the information they contain ;
- and/or damage caused by the Website and/or the Platform to the computer system used by the User to access said site.
8- Indemnification guarantee
The User shall indemnify and hold harmless VIREO, its representatives, employees and partners from and against any loss, damage, expense, cost, action, claim, suit, litigation, obligation, demand and liability that may be brought by a third party for (i) any use by the User of the Website and/or the Platform, as well as (ii) any breach by the User of these Terms and Conditions.
9- Intellectual property
VIREO and/or its authors are the owners of the Website and the Platform (presentation and content, in a non-exhaustive manner, source code of the site, fixed or automatically generated pages, photos, drawings, illustrations, sounds, videos, names, brands, logos, databases, software, algorithms, etc.).
All of these elements are protected by Luxembourg intellectual property law, with the exception of any rights that third parties may have over some of these elements.
Subject to the express reservation of the legal provisions on the subject and/or prior written authorisation from VIREO, any copy, representation, distribution or redistribution, modification in whole or in part, sale, resale, retransmission or making available to third parties, in whole or in part, of the content of this site on any medium or by any process whatsoever would constitute an infringement liable to engage the civil and criminal liability of the counterfeiter.
Any content reproduced and/or disseminated by virtue of a legal provision or prior written authorisation from VIREO must contain identical copyright notices, other legends and information concerning the registered trademarks appearing on the original, as well as the source, quoting the internet address (URL) of the page and the mention “© VIREO”.
10- Data security
VIREO takes all useful precautions in view of the current state of technology and the nature of the data processed and stored in order to preserve the security and integrity of such data and, in particular, to prevent it from being altered, lost or accessed by unauthorized third parties.
VIREO or its service providers keep all tax data on secure databases that are regularly backed up and that meet the strictest standards imposed for the confidentiality and integrity of tax data.
VIREO may use third party service providers located outside the European Union (e.g. an IT service provider for cyber security certification of the Platform). These service providers guarantee limited and verified access to personal and/or confidential data by authorized persons only. The server of these partners may be located outside the European Union, as long as data security is preserved.
11- Personal data
In its capacity as data controller, VIREO shall collect personal data (i.e. any information, of any nature whatsoever, including of a fiscal nature, relating to an identified or identifiable natural person) directly from the User. This data is recorded in the information systems of VIREO and/or its subcontractors.
Electronic data in the form of files may also be collected and/or deposited on the User’s computer system for the purposes of managing his/her connection and navigation on the Website and/or the Platform. The User may refuse the use of these files (also known as “cookies”) via the configuration of his web browser.
Adherence to these Terms constitutes express consent by the User to the processing of personal data concerning him as described in this article, some of this data being mandatory for the processing of the User’s requests.
The data collected will be used to analyse the User’s tax and/or property situation.
The following data : surname, first name, email address, password and location data are automatically collected and saved by browsers (“Server-log-files”). This data may be freely transferred for the purposes of statistical analysis, security and improvement of the service offered by VIREO and its partners. Indirectly nominative data for statistical purposes may also be collected for the purpose of managing your connection and navigation. Under no circumstances may this data be used for commercial purposes.
The data collected may not be communicated by VIREO to its technical service providers to the extent strictly necessary for the proper functioning of the Website and/or the Platform. These communications may also be intended to ensure the security of computer networks and transmissions or to meet legal obligations to which VIREO is subject.
The data collected may also be communicated to third parties (judicial authority or national regulator) when required or authorised by law.
The User concerned by such processing shall have the right to access, rectify and delete personal data concerning him, as well as the right to request that inaccurate, incomplete or outdated data be corrected, updated or deleted and to oppose, subject to the provision of a legitimate reason, the processing of personal data concerning him.
This opposition may however result in VIREO being unable to provide the services described herein. These rights may be exercised by contacting the data controller by email at firstname.lastname@example.org or by post to the attention of : VIREO – Quality Department – 4, rue Jean-Pierre Brasseur, L-1258 Luxembourg.
VIREO ensures the protection of the User’s personal data in compliance with Luxembourg and European legal and regulatory requirements and refers to Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data in force since 25 May 2018.
VIREO also refers to the amended Act of 30 May 2005 on specific provisions for the protection of individuals with regard to the processing of personal data in the electronic communications sector as amended by the Act of 7 July 2007.
In accordance with Regulation (EU) N°2016/679, VIREO undertakes to notify the National Commission for Data Protection of the Grand Duchy of Luxembourg of the breach within 72 hours of finding a breach of security and confidentiality of personal data and VIREO further undertakes to inform the impacted User provided that the incident found is likely to adversely affect the level of protection of his privacy and data.
The User acknowledges and accepts that VIREO may not be held liable for any breach of security leading to the accidental or unlawful destruction, loss, alteration, disclosure or unauthorised access of personal data transmitted, stored or processed in relation to the Website and/or the Platform.
12- User contact
VIREO may contact the User via the Website, the Platform and/or by e-mail whenever the proper functioning of the Website and/or the Platform justifies it, as well as whenever VIREO needs to establish contact with the User for any reason whatsoever.
13- Proof Agreement
The relationship between the User and VIREO is always governed by the latest Conditions in force on the day of the User’s use of the Website and/or the Platform.
VIREO 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 Website and/or the Platform. In the event of a modification of these General Terms and Conditions, the User will be asked to accept the new Terms and Conditions, which will be applicable to him on the day of acceptance. However, the User may terminate his account by email with acknowledgement of receipt within one (1) month from notification of the General Terms and Conditions. The User accepts that VIREO shall not be liable to the User or any third party for any changes to or termination of the Website (and/or the Platform).
14- Modification of these general conditions
VIREO reserves the right to modify these general conditions at any time and to impose new or additional conditions concerning the use of the Website and/or the Platform. These modifications and additional conditions will be communicated to the User and, if the User accepts them, they will come into force immediately and form an integral part of these applicable general conditions. If the User refuses to accept these modifications or additional conditions, VIREO reserves the right to terminate the User’s Account. The User accepts that VIREO shall not be liable to him or any third party for any modification or termination of the Website (and/or the Platform).
15- Nullity of clause
The nullity of one of the clauses of these General Terms and Conditions does not in any way affect the validity of the other clauses of these General Terms and Conditions.
16- Applicable law and jurisdiction
These General Terms and Conditions of Use are governed by Luxembourg law.
Any dispute concerning them is subject to the exclusive jurisdiction of the Luxembourg courts of and in Luxembourg city.