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Legal informations

LEGAL NOTICE AND PRIVACY POLICY

Last update: February 2021

This legal and privacy notice (the "Legal Notice") applies to and governs the use of the website https://imslux.lu/ (the "Site") as well as publications in the paper format published by IMS, Inspiring More Sustainability, a non-profit association recognised as being of public utility under Luxembourg law, established and having its registered office at 33, rue du Puits Romain, L-8070 Bertrange, and registered with the Luxembourg Trade and Companies Register, section F under number 7358 ("IMS" or "We"). 

By browsing the Sites, you acknowledge that you have read, understood and accepted this Legal Notice and that it is your responsibility to review this Legal Notice regularly for any changes. 
For more information or any questions regarding this Legal Notice, don't hesitate to get in touch with us at: [email protected]

CONTENTS
The present Legal Notice includes : 
- General provisions applicable to the Legal Notice in its entirety; 
- Specific provisions concerning the use of the Sites (the "Terms of Use"), the protection of personal data (the "Privacy Notice") and the management of cookies (the "Cookie Management Notice"). 

CHANGES TO THIS LEGAL NOTICE
This Legal Notice may be amended or supplemented at any time, without notice, to reflect changes to the Sites, changes in legislation or for any other reason deemed necessary. We will revise the date of the last update at the top of this Legal Notice for this purpose. It is your responsibility to inform yourself about the content of the Legal Notice, and only the updated version available online is deemed current. We encourage you to check this page frequently for changes. 

SEVERABILITY
If any provision of this Legal Notice shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions or terms of this Legal Notice.

WAIVER 
If you breach this Legal Notice and we take no action, we will still be entitled to use our rights and remedies in all other situations where you breach this Legal Notice.

BREACH OF THIS LEGAL NOTICE
If you breach your obligations under this Legal Notice, we may terminate or suspend your access to the Sites without notice or compensation to you. 

APPLICABLE LAW
Any dispute relating to this Legal Notice and, more generally, to any use of the Sites, its services, information and documents shall be governed by Luxembourg law and if we are unable to resolve the dispute amicably, by the exclusive jurisdiction of the courts of Luxembourg City.

 

CONDITIONS OF USE

AVAILABILITY OF THE SITES
We will use our best efforts to provide maximum availability of the Sites in the most efficient manner possible, but we cannot guarantee the continuous and permanent availability of the Sites. 
We reserve the right to change, modify or discontinue, without notice, any or all of the Sites for maintenance, upgrading or any other reason deemed necessary. 
By using the Sites, you acknowledge and agree that (i) access to the Sites is provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied, and (ii) use of the Sites is governed by technical conditions and restrictions on use in terms of compatibility and interoperability (the "Technical Terms"). 
The Technical Terms may change, and a device that is compatible at one time may cease to be compatible at a later time.
By using the Sites, you acknowledge the characteristics of the Internet and agree that we shall not be liable for any interruptions to the Internet Protocol system resulting from any act of the Internet service provider or any act beyond our control. 
More generally, we shall not be liable for or give any right to compensation for any interruption of access, malfunction of the Sites or any loss of data resulting from non-compliance with these Terms of Use, the Technical Terms or our recommendations, inappropriate or unlawful use of the Sites, force majeure, events dependent on third parties such as telecommunications operators, acts or omissions on your part, or attacks on the computer system. 

CONTENT OF THE SITES
We will do our best to ensure the accuracy of the information or services contained on the Sites. However, we cannot be held responsible for any failure to update information or forms, for system manipulation or encoding errors, for inaccuracies, gaps or omissions in the information provided or for any other errors, inaccuracies or omissions. While we aim to provide accurate and up-to-date information, we cannot avoid the risk of material error. The information published on the Sites is not intended to be exhaustive or to constitute a commitment on our part. 
We may at any time remove, add to, supplement or clarify any or all of the information and services contained or offered on the Sites (the "Changes"). We shall not be liable for any direct or indirect damage in connection with such Changes. 
The articles published and signed are the sole responsibility of their author(s) and do not necessarily reflect the opinion of IMS.

SOCIAL NETWORKS
We are also present on various social networks such as Facebook, Twitter, LinkedIn, etc. (associated account: IMS Luxembourg) (the "Social Networks"). 
Your personal data may be collected in the context of using different Social Networks (associated account: IMS Luxembourg) to interact with you (public or private messages). We have access to the personal data you choose to make public. We also act as a joint data controller with the relevant Social Networks when we use the social network or share the logo on the Sites. Similarly, some Social Networks allow us to generate anonymous and non-individualised statistics about the traffic on our page. 
The data is kept for the duration of our account on the social network concerned.
For more information on the processing of personal data on the various Social Networks, you can consult the information notices published on these networks.
The data collected in this context is processed on the basis of our legitimate interests to use it for marketing purposes and to improve our advertising media in order to improve and develop our image on the basis of information voluntarily transmitted or published by you.
Abusive, racist, sexist, or offensive comments have no place on the Sites or on Social Networks. They will be deleted and reported.

INTELLECTUAL PROPERTY
The Sites, all its elements (including the layout) as well as the information, magazines and services accessible therein, the intellectual property rights and personality rights attached to the Sites, in particular trademarks, designs, copyright and image rights, either by origin or by express authorisation, patents and all intellectual property rights (together, the "Protected Elements") are protected by intellectual property and copyright legislation and, in certain situations, by the legislation applicable to the protection of personal data and image rights (together, the "Applicable Legislation"). 
The Protected Material remains our exclusive property, and we alone are entitled to use and exploit it.
The provision of access to the Sites does not constitute a transfer, license, authorisation to use or assignment of any proprietary or other rights in the Protected Material. 
No reproduction of the information or services, in whole or in part, in any form or by any means whatsoever, is permitted unless: 
- The Protected Items are only used for personal purposes, for information and in a strictly private context;
- The Protected Material is distributed in compliance with the Applicable Legislation or with our prior written authorisation, which can be requested by contacting us at: [email protected].
We draw your attention to the fact that third parties may hold rights to the Protected Elements and that, in any event, you may not make any changes to the Protected Elements. 

HYPERTEXT LINKS AND LINKED SITES
When using the Sites, you may click on links that direct you to third party websites and service providers. We are not responsible for the unavailability of such third party websites or services, for their operation, content, legality or accuracy of the information or any other aspect of the third party sites or services or for any direct or indirect damage caused by following a link to a third-party site or service. Access to and use of such third party websites or services may be subject to the policies, terms of use and/or fees of such third parties.
You are allowed to republish on Social Networks links to articles published by IMS, provided that you cite IMS when sharing or reproducing the content.

YOUR COMMITMENTS 
Access to the Sites is via the Internet. By using the Sites, you declare that you are aware of the risks and accept them. It is your responsibility to protect yourself against the effects of computer piracy by adopting an appropriate and secure computer configuration and taking all necessary steps to limit the damage that could result from any corruption of your computer equipment when accessing the Sites. 
By using the Sites, you confirm that you have the appropriate computer equipment and agree not to use any device or take any action that may cause harm to us or any other third party. 

REPORTING TECHNICAL PROBLEMS
In the course of using the Sites, you may contact us to report technical problems by e-mail at [email protected]. If the Sites are unavailable due to technical failures caused by us, we will use our best efforts to correct such failures as soon as possible, provided that you have accurately described the failures to us when contacting us, that you cooperate fully, and that such failures are not the result of any misuse of the Sites by you.

LIABILITY
We shall not be liable for any damage suffered, directly or indirectly, in connection with your use of the Sites and its services, information and materials. 

 

PRIVACY STATEMENT

We are committed to the respect of privacy and the protection of personal data and undertake to ensure that the processing (in particular the collection, sharing, archiving and destruction) of personal data carried out on the Sites complies with the laws and regulations governing the processing of personal data, in particular, Regulation (EU) 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, and repealing Directive 95/46/EC (the "GDPR") and any other national law or regulation in force governing the processing of personal data.

WHO ARE THE PEOPLE WHOSE DATA WE PROCESS?
We process the personal data of the following persons:
- You, as a user of the Sites ("Visitor"); 
- Any other person about whom you provide information to us through a communication channel indicated on the Sites, including through the Social Networks (a "Communication Channel"). The personal data of such other persons is transmitted to us under your responsibility, and you undertake to transmit it to us in accordance with the applicable legal provisions. We will only use such data if it is necessary for the performance of our duties.
Subject to the above, we will normally collect personal data directly. Where this is not the case, the personal data of these other persons are transmitted to us under the responsibility of the person who communicates it to us, whether you or a third party, who undertakes to transmit it to us in accordance with the applicable legal provisions. We will only use this data if it is necessary for the performance of our duties.

DATA RELATING TO THE SUBSCRIPTION TO OUR SERVICES
When you subscribe to the print or digital version, we collect the following data: 
- Contact details: When you subscribe to our newsletter, we ask you to provide your e-mail address and when you wish to become a member, we ask you to provide us with a contact person's identification data (name, position, secretarial telephone number and e-mail address) together with your company name and logo, data on the manager such as title, first and last names, position, e-mail address, full address of the company, category of the company, turnover, number of employees and sector of activity of the company;
The data collected in the context of the newsletter registration is processed on the basis of your consent. You can withdraw your consent at any time by unsubscribing from the newsletter mailing list by clicking on the unsubscribe link in the newsletters.

DATA RELATING TO THE USE OF THE SITES
We also collect data relating to your activity on the Sites as a visitor, namely 
- Cookies: for more information, including how long they are kept, you can see the Cookie Management Notice below;

- Technical information: this technical information is generated when you access and use the Sites. For example, in order to establish your connection to the Sites, our servers receive and record information about your device and browser, which may include your IP address, browser type, connection times, most frequently accessed pages, and other information about the software, hardware, and devices you use, or how you arrived at our Sites. This data is used to ensure optimal use of the Sites and to customise the Sites for each user (e.g., by offering the Sites in a mobile version of the connection that came from a mobile phone). Information may also be collected through cookies and other tracking technologies in accordance with our Cookie Policy. 
The provision of this data is not mandatory and can be modulated via the user's browser settings in addition to the features provided on the Sites, but it may affect your experience of visiting the Sites.
- Content and metadata: These elements correspond to the operations carried out on the Sites, i.e. the data flow generated by your activity. In principle, this data is not used by us. The Sites are only a medium for the exchange of this data. However, some of this data may be used to enable us to better understand how you interact with the Sites and to improve the operation of the Sites. 
This data is processed on the basis of our legitimate interests, namely to ensure optimal use of the Sites and to personalise the Sites for each user (for example, by adapting the language in which the Sites are displayed or by offering the Sites in a mobile version of the connection comes from a mobile phone). 
The provision of this data is not always compulsory and can be modulated via the settings of your web browser in addition to the functionalities implemented on the Sites, but it may have an impact on the experience of visiting the Sites.

HOW DO WE PROTECT PERSONAL DATA?
You are responsible for ensuring that any personal data you provide to us is secure.
For our part, we implement appropriate security measures throughout the life cycle of personal data to protect against unauthorised access, falsification, disclosure or destruction of personal data and, where possible, we anonymise or pseudonymise personal data.
We also take all reasonable steps to ensure that your personal data is accurate and, where necessary, kept up to date by allowing you to amend any inaccurate data at any time and that your personal data is collected for the purposes set out in this Privacy Policy.

SHARING OF PERSONAL DATA
We are the sole recipient of personal data, which may only be shared with our subcontractors' service providers, to enable them to provide their services relating to the maintenance and operation of the Sites, to the exclusion of any other purpose. We have entered into a contract with each of these service providers to specify how they may access and process personal data. The service providers are subject to a confidentiality undertaking and implement personal data security measures at least equivalent to ours.
We do not transfer personal data to any third country or international organisation, with the exception of transfers made in the context of the "Google Analytics" solution. This is essentially technical data related to your navigation on the Sites. We always check for an adequate decision. Where this is not the case (or no longer the case, such as in the United States), we put in place appropriate safeguards, namely the signing of standard data protection clauses adopted by the European Commission, and make every effort to ensure that you have enforceable rights and effective legal remedies. A copy of these appropriate safeguards can be made available to you by emailing us at: [email protected].
For more information, we refer you to the Cookie Management Notice below.
Please note that publications on the Sites may be accessible from outside the European Union due to their presence on the Internet.

DATA RETENTION
We take all reasonable steps to ensure that personal data is processed and retained for the minimum period necessary for the purposes stated in this Privacy Policy.
Except as otherwise provided in this Privacy Policy, we retain your personal data in accordance with the following general principle:

- With respect to the newsletter: we retain your email address until you unsubscribe from the newsletter (via the unsubscribe link in the newsletters).

- As a Visitor: 

- your login data and technical information, which is retained for a period of six (6) months from the time it is generated; and 

- your data from the implementation of backups that allow us to ensure the availability of data and their access within an appropriate timeframe in the event of a physical or technical incident. The data within the backups is kept until it is overwritten by a new backup. This is "out of order" data that is only used for backup purposes. In the event of a request for deletion of personal data, the personal data contained in these backups will be deleted to the extent that this is technically possible.
We undertake to delete or anonymise your personal data at the end of the retention period described above, plus a period of a few days or weeks, in proportion to the above-mentioned period, if this is necessary to ensure the deletion or anonymisation of the data concerned in practice unless there is an imperative reason for doing so (e.g. in the context of a legal dispute).

YOUR RIGHTS
Each person whose personal data we process has the right, within the limits of the applicable legislation on the protection of personal data, to access, modify, limit and object to the processing of his or her personal data, a right to erasure and a right to portability of his or her personal data by contacting us. Each data subject also has the right to lodge a complaint with the Luxembourg supervisory authority, namely the National Commission for Data Protection.
We also take care to preserve the intellectual property rights and the right to an image of each data subject. If you believe that there is an error on the Sites in this respect, you can contact us to report it.

 

 

COOKIE MANAGEMENT NOTICE

When you visit the imslux.lu website (the "Site"), cookies may be deposited in accordance with this Cookie Management Notice. This Cookie Policy provides information on the nature of the cookies used and how to accept or decline them.

WHAT IS A COOKIE?
Cookies are files or pieces of information that may be stored on your computer (or other Internet-connected devices, such as a smartphone or tablet) when you visit the Site. A cookie typically contains the name of the website from which it originated, the "lifetime" of the cookie (i.e., how long it will remain on your device) and a value, which is usually a randomly generated unique number.

WHAT TYPES OF COOKIES DO WE USE?
We use three types of cookies on the Site.

COOKIES REQUIRED TO OPERATE THE SITE 
These cookies are essential for the Site to function optimally. These are cookies that remember your choice regarding their use so that the cookie banner does not reappear once the cookies have been accepted or rejected. These cookies do not require your consent, and their processing is based on our legitimate interests in ensuring the operation of the Site. Your choice regarding cookies is retained for a period of 100 days. After this period, we will ask you to choose how you wish to manage cookies on our Site. 

Cookie Name Cookie Type Purpose Retention Period
Consent Required This cookie detects whether the visitor has accepted marketing cookies. It is necessary for RGPD compliance on the site. 6 months
CAKEPHP Required This cookie keeps track of the visitor's session status across page requests. 1 day 

 

STATISTICAL COOKIES 
Statistical cookies collect information about how you navigate the Site to help us develop and improve the operation of the Site. This allows us to see how easily users find the information they are looking for and to improve the navigation of the Site.
We use Google Analytics to collect information about how you browse the Site to help us develop and improve the operation of the Site. This allows us to see how easy it is for users to find the information they are looking for and to improve the navigation of the Site.
You can directly select your cookie preferences for Google Analytics by clicking on the following link: http://chrome://settings/cookies.   
The data collected via the Google Analytics solution is transferred to Google's servers in the USA, where it is processed and stored. In the absence of an adequate decision by the European Commission, such transfers will, where appropriate, be made on the basis of Google's contractual commitments, including standard contractual clauses available on request.

Cookie Name Cookie Type Purpose Retention Period
_ga     Statistical This cookie stores a unique identifier to generate statistical data on how the visitor uses the Site 6 months
_gat    Statistical This cookie used by Google Analytics reduces the rate of requests 1 day
_gid    Statistical This cookie stores a unique identifier to generate statistical data about how the visitor uses the Site 1 day
collect    Statistical This cookie sends data to Google Analytics about the visitor's device and behaviour. It allows the visitor to be tracked across devices and marketing channels The session

 

MARKETING COOKIES 
Marketing cookies are used to track visitors from one website to another. The aim is to display ads that are relevant and attractive to the individual user and therefore more useful to publishers and third party advertisers.

Cookie Name Cookie Type Purpose Retention Period
IDE Marketing This cookie used by Google DoubleClick records and reports the actions of the user of the Site after seeing or clicking on an ad. It measures the effectiveness of an advertisement and provides targeted advertising. 1 year
test_cookie Marketing This cookie checks the ability of the user's browser to support cookies. 1 day
VISITOR_INFO1_LIVE Marketing This cookie attempts to estimate user bandwidth on pages with embedded YouTube videos. 179 days
YSC Marketing This cookie stores a unique identifier to keep track of the user's YouTube video views. The session
yt.innertube::nextld Marketing This cookie stores a unique identifier to keep track of the user's YouTube video views. 6 months
yt.innertube::requests Marketing This cookie stores a unique identifier to keep track of the user's YouTube video views. 6 months
yt-remote-cast-installed Marketing This cookie stores the user's video player preferences when using an embedded YouTube video. The session
yt-remote-connected-devices Marketing This cookie stores the user's video player preferences when using an embedded YouTube video. 6 months
yt-remote-device-id Marketing This cookie stores the user's video player preferences when using an embedded YouTube video. 6 months
yt-remote-fast-check-period Marketing This cookie stores the user's video player preferences when using an embedded YouTube video. The session
yt-remote-session-app Marketing This cookie stores the user's video player preferences when using an embedded YouTube video. The session
yt-remote-session-name Marketing This cookie stores the user's video player preferences when using an embedded YouTube video. The session

      

DOES THE SITE CONTAIN THIRD PARTY COOKIES? 
The Site relies on certain services offered by third party sites. These include 
- The "Google Analytics" solution;
- The sharing buttons or pages integrated on the Site of the Social Networks (Twitter, Facebook, LinkedIn or any other Social Network that we may add later).
These features use third-party cookies directly deposited by these services. If you refuse, you may not be able to access these services, and some pages of the Site may not function properly or be accessible. You can indicate your preferences directly on the sites concerned.

HOW CAN I CONTROL OR DELETE COOKIES?
You can control cookies directly on the Site by selecting your preferences within our cookie banner.
You can also control or delete cookies through your web browser settings and on relevant third party sites. Most web browsers are set to automatically accept cookies. You can change these settings to block cookies or to alert you when cookies are being sent to your device. There are several different ways to manage cookies. Please refer to your browser's instructions or help service to learn more about how to adjust or change the settings. For your convenience, we have provided more detailed information on the most common browsers used:
- Internet Explorer - https://support.microsoft.com/fr-lu/help/278835  
- Chrome - https://myaccount.google.com/intro/data-and-personalization  
- Firefox - https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences  
- Safari - https://support.apple.com/fr-lu/guide/safari/sfri11471/mac 
If you use multiple devices to access the Site (e.g. your computer, smartphone, tablet, etc.), you should ensure that the browser on each of your devices is adjusted to the cookie settings you have set.
If you disable the cookies we use, this may affect your experience of visiting the Site. Please contact us if you have any difficulties.

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