GENERAL TERMS AND CONDITIONS OF USE

The B-Next Care mobile application (referred to hereinafter as the “Application”) and the Website www.bnextcare.lu  (referred to hereinafter as the “Website”) have been made available on-line by the limited company BioneXt, entered in the trade and companies’ register of Luxembourg under number B 140 641, a medical laboratory located at 2-4 rue du Château d’Eau, L-3364 Leudelange represented by its sole director, Doctor Jean-Luc Dourson, (referred to hereinafter as “BioneXt Lab”).

1- Subject matter

Within the framework of these general terms and conditions of use, BioneXt Lab is to provide patients, health professionals and any individuals using the Application and/or Website (referred to hereinafter as the “User”) with an Application and a Website via a connection to a secure space dedicated to the User, which enables the latter to consult and understand their medical details and / or lifestyle by translating their details / analysis results into a comprehensible language and information proposing practical information, their history and various information relating to the activities of BioneXt Lab.

Personal and / or medical information are of a strictly confidential nature.

The service provided by BioneXt Lab, in particular the text, graphs, images and any other materials contained in the Application, is intended to enhance the User’s understanding of their medical details. The service does not provide a medical diagnosis, therapeutic treatment or professional medical service. The User must always seek the advice of a health professional.

2- Access to the Application and/or Website

  • Downloading

The Application may be downloaded free of charge on any mobile device which is compatible with the IOS and Android platform.

  • Warning

The User should be informed of the importance of monitoring third party access to his/her mobile devices due to the potential sensitivity of the data entered in the Application. Under no circumstances does the Service allow for an emergency situation to be dealt with by health professionals. In the event of an emergency, the User must contact the relevant emergency service by dialling 112 for example.

The User acknowledges that the use of the Application does not substitute personal or medical monitoring by health professionals.

  • The User's account

A personal myLAB® space must be created (referred to hereinafter as the “Account”) before any connections are made and before the User registers with the Application and/or Website.

The User must not provide the information relating to his/her Account (including access codes) to any third parties. The User has sole responsibility for maintaining the confidentiality and security of his/her Account and any activities which relate directly to or are carried out by means of the latter and undertakes to notify BioneXt Lab immediately if the security of the Account is compromised. The User specifically acknowledges and accepts that the Application and/or Website have been designed and are intended for strictly personal use. The User will refrain in this context from sharing his/her Account information with any third parties. Subject to having provided evidence of reasonable competence and diligence, BioneXt Lab cannot be held responsible for the disclosure of confidential information or losses stemming from the unauthorised use of the User's account and non-compliance with these guidelines.

The User must enter his/her user name and access code to authenticate the Account in order to use the Application and/or Website. The User agrees to provide accurate, comprehensive information at the time of registration and to update his/her registration details to ensure that they are always accurate and comprehensive. BioneXt Lab reserves the right to suspend or cancel the User's Account if precise, current, comprehensive details are not entered in the Application and/or on the Website. The User must agree to BioneXt Lab storing and using the registration details provided by the User for the Application and/or Website.

Users are granted the right to access, correct, amend and delete details which concern them personally. This right may be exercised by writing to BioneXt Lab, 2-4 rue du Château d’Eau,  L-3364 Leudelange or by sending an email to the following address: dpo@bionext.lu, .

  • Connection

All Users may connect to the Application and/or Website free of charge in order to consult published information.

Access to the Application and/or Website requires Internet access in order to be successful. In the absence of an Internet connection, the User acknowledges that BioneXt Lab cannot be held responsible for any slowness, absence or difficulty in accessing and/or using the Application and/or Website. The use of the Application and/or Website may require compatible devices and the installation of certain software (costs may apply). The performances of the Application and/or Website may be affected by the successful implementation of these factors. The User acknowledges and accepts that he/she is solely responsible for fulfilling the conditions for the successful implementation of the Application and/or Website. The Service is governed by the terms and conditions applying to the User's telephone network (coverage, saturation, availability) and any limitations and restrictions in terms of availability, coverage and saturation according to the User's geographical location at the time of Use of the Service. BioneXt Lab cannot be held responsible for the malfunctioning of the Service and the consequences stemming from these conditions.

  • Usage restrictions

The User agrees to use the Application and/or Website exclusively for the purposes authorised by these general terms and conditions and in accordance with the applicable laws and regulations or generally accepted practices.

If the use of the Application and/or Website by the User or any other behaviour on the part of the latter threatens (intentionally or otherwise) the ability of BioneXt Lab to maintain the Application and/or Website and the confidentiality of the associated information or any other system, BioneXt Lab may take all reasonable steps to protect the Application and/or Website or to protect the stored confidential information, including the immediate cancellation or suspension of the User's right to access the Application and/or Website.

  • Availability of the Application and/or Website

The Application and/or Website or any functionality or part of the latter may not be available in every country. BioneXt Lab cannot guarantee that the Application and/or Website or any functionality or part of the latter will be appropriate or available worldwide. The User chooses to access and use the Application and/or Website on his/her own initiative and is therefore responsible for acting in accordance with all applicable laws.

  • Cookies

BioneXt Lab aims to inform the User in a clear, transparent manner of the use of cookies when browsing the Application and/or Website.

A cookie is a text file which is stored on the hard drive of the User's terminal (computer, tablet, mobile) via the browsing software when the Application and/or Website is consulted.

This means that a cookie is sent to BioneXt Lab every time the User opens a page in the Application and/or on the Website from his/her computer or mobile device. The cookies saved by BioneXt Lab or third parties when the User visits the Application and/or Website do not recognise the User personally as an individual but only recognise the device used by the latter. Cookies do not store any sensitive personal data but simply provide information on the User's browsing activities so that his/her terminal can be identified at a later stage.

Cookies do not cause any damage to the User's device but make it easier to find his/her preferences, pre-fill certain fields and adapt the service content of BioneXt Lab.

BioneXt Lab cannot be held responsible under any circumstances for any damage caused by or stemming from cookies on the User's device.

The User is solely responsible for deciding whether he/she wishes to have cookies stored on his/her device and may easily monitor the recording of the cookies. Since the authentication of the Website requires cookies, they must be accepted in order to gain access to restricted content.

  • Absence of transfer of rights

None of the provisions of these terms and conditions must grant the User any interest, title or licence concerning a user name associated with the Application and/or Website, a domain name, an email address or similar resource used by the User relating to the Application and/or Website.

3- Obligations of the User

Access to the Application and/or Website and consultation of the information which it contains, as well as any potential interpretation, are carried out under the sole responsibility of the User who undertakes to use the system for strictly personal, non-commercial purposes.

4- Obligations of BioneXt Lab

BioneXt Lab undertakes to dedicate all the resources at its disposal, as far as is reasonably possible, in order to guarantee continued access to the Application and/or Website and to allow the User to optimise the use of the latter. The commitment of BioneXt Lab is based on a simple obligation of conduct.

Furthermore, BioneXt Lab reserves the right to suspend access to the Application and/or Website at any time within the framework of interventions such as the maintenance and upgrading of software, hardware upkeep and updates, updating of content, etc.

5- Cancellation of the User’s Account

  • At the User's initiative

The User may request the cancellation of his/her Account or may stop using the Application and/or Website at any time. In order to cancel the Account, the User must write to BioneXt Lab, 2-4 rue du Château d’Eau, L-3364 Leudelange or send an email to the following address dpo@bionext.lu. If the User requests the cancellation of his/her Account, he/she will no longer have access to the Application and/or Website by means of this user name. This operation is irreversible.

  • At the initiative of BioneXt Lab

BioneXt Lab may immediately cancel or suspend all or part of the User's Account or access to the Application and/or Website at any time without notice in the event of unexpected technical or security problems which threaten the security of confidential information concerning the User. This action will be taken under the sole responsibility of BioneXt Lab and the company will not be held responsible with regard to any third parties for damage stemming from cancellation or suspension of the User or access to the Application and/or Website.

6- Confidentiality

BioneXt Lab undertakes to respect the strict confidentiality of information relating to the User throughout the entire duration of his/her use of the Application and/or Website.

In particular, as far as Confidential Information is concerned (according to the definition above), subject to Article 10 of these terms and conditions, BioneXt Lab undertakes:

(a) not to use the information for purposes other than the execution of this document;

(b) not to pass the information on to third parties by any means whatsoever without the prior written agreement of the User concerned;

(c) to limit its circulation to its staff members or partners who require the information within the framework of the execution of this document;

(d) to maintain its confidential nature by applying similar provisions to those normally used to protect its own confidential information;

(e) to ensure that the above-mentioned staff members or partners respect the provisions of points (a), (b) and (c) above;

(f) to ensure that the subcontractors with whom it cooperates respect the same terms and conditions.

The term “Confidential Information” in this document refers to all information of any kind and in any form whatsoever which may be passed on by one Party to the other or of which one Party becomes aware within the framework of the execution of this document regardless of whether this information relates to its subject matter or belongs to the other Party.

Notwithstanding the provisions outlined above, BioneXt Lab may grant authorised third parties access to Confidential Information for the sole purpose of providing its services correctly, provided that this access is required for the implementation of the services and/or maintenance of the Application and/or Website.

Confidential Information must not be passed on to third parties for commercial purposes or for unauthorised use according to this document.

It should be pointed out that secrecy of correspondence is not guaranteed on the Internet and each User of the Application and/or Website is responsible for taking appropriate steps in order to protect their own data.

7 - Responsibility

The Application and/or Website provide additional resources intended to help the User in his/her interactions with BioneXt Lab. They are in no way intended to replace the assessment or judgement of the User.

BioneXt Lab cannot be held responsible under any circumstances for any damage incurred by the User (or by individuals who have been granted access voluntarily or involuntarily to the Application and/or Website) due to an event occurring outside the exclusive control of BioneXt Lab and notably damage relating to:

  • the authenticity, accuracy or medical relevance of information provided to BioneXt Lab by Users, notably biographical patient data and results of medical tests, and/or
  • the inappropriate use (wrongful or otherwise) of the Application and/or Website by the User, and/or
  • the malfunctioning of the hardware and/or software used by the User to access the Application and/or Website caused, among other things, by a virus, security breach, spyware, rootkit, etc., regardless of the individual or information system affected by the damage and/or
  • the suspension or disruption of access to the Application and/or Website stemming from the action of a third party and/or a force majeure event notably including work conflicts (strike, lock-out, etc.) on the premises of BioneXt Lab or any subcontractor involved in guaranteeing the full availability of the Application and/or Website, and/or
  • the temporary impossibility of consulting information sources which are accessible from the Application and/or Website via links with other sites.

BioneXt Lab cannot be held responsible with regard to these same individuals for any indirect damage. Its responsibility would in all events be limited to the direct damage caused by the Application and/or Website relating to:

  • Any disruption to access to the Application and/or Website by the User solely due to a fault on the part of BioneXt Lab which has been proven by the User, and/or
  • Damage stemming from the consultation of the Application and/or Website and the use of the information provided and/or damage caused by the Application and/or Website to the information system implemented by the User to access said Application and/or said Website.

8 - Intellectual property

BioneXt Lab is the owner of the content and general presentation of the Application and/or Website (site source code, fixed or automatically generated pages, photos, drawings, illustrations, sound, videos, names, brands, logos, databases, software, etc.).

All these elements are therefore protected by the intellectual property law of Luxembourg with the exception of rights from which third parties may benefit with respect to certain elements.

Subject to the applicable legal provisions and/or the prior written authorisation of BioneXt Lab, any copying, representation, circulation or recirculation, amendment in full or in part, sale, resale, retransmission or provision to third parties in full or in part of the content of this Application and/or Website via any media or process whatsoever constitutes infringement which could incur the civil and criminal liability of the infringing party.

Any content which is reproduced and/or circulated according to a legal provision or prior written authorisation of BioneXt Lab must provide all references in their identical form to copyright, captions and information concerning registered trademarks featuring on the original document and the source, quoting the Website address (URL) of the page and the reference “© BioneXt Lab”.

9- Data security

BioneXt Lab must take all the necessary precautions in view of current technological developments and the nature of the data processed and retained in order to maintain the security and integrity of this data and in particular to prevent it from being altered, lost or accessed by unauthorised third parties.

BioneXt Lab must retain all medical data in secure databases hosted in the data centres of the supplier POST-eBRC, which are certified and located on the territory of the Grand-Duchy of Luxembourg and are backed up regularly and which comply with the extremely strict standards imposed for the confidentiality and integrity of medical data.

10- Personal data

a) Collection of personal data

In its capacity as data controller, BioneXt Lab is required to collect personal data from the User and medical laboratories (any information of any kind including medical information relating to an identified or identifiable physical entity relating directly to the User). This data is recorded in the information systems of BioneXt Lab and/or its service providers.

Electronic data may also be collected and/or stored in the User's information system for the purpose of managing the connection and browsing the Application and/or Website. The User may refuse the use of these files (also known as “cookies”) via the configuration of his/her Internet browser.

Compliance with these terms and conditions implies the User's consent to the processing of his/her personal data as described in this article, with certain data being compulsory for the processing of the User's requests.

The collected data will be used within the framework of the communication of medical test results to the User. Furthermore, when the User is being looked after in a hospital, notably through partnerships between BioneXt Lab and the hospital, medical test results may be consulted by the doctors working in said hospital.

The User specifically agrees that biological data, samples or any information concerning the User will be anonymised and may be freely communicated and passed on to health structures (for example on a non-exhaustive basis to Luxembourg Centre for Systems Biomedicine (LCSB), Integrated Biobank of Luxembourg (IBBL), etc.) or any other partner for research and statistical purposes. BioneXt Lab may also use this information for research and statistical purposes.

Data will be automatically collected and saved by browsers (server log files) and the Application. This data may be freely transferred for the purposes of statistical analysis, security and the improvement of the service provided by BioneXt Lab and its partners. Indirect personal data used for statistical purposes may also be collected for the purpose of managing the connection and browsing activities. This data must not be used for commercial purposes under any circumstances.

The User also agrees to grant access to all medical test results to consultants, GPs and specialists who he/she has previously saved in his/her profile and declared.

The collected data may only be passed on by BioneXt Lab to its technical partners as far as is absolutely necessary for the smooth running of the Application and/or Website. Data may also be disclosed with the aim of securing information networks and transmissions or fulfilling the legal obligations of BioneXt Lab.

The collected data will also be passed on to third parties if this is required or authorised by law.

Within the framework of relations with BioneXt Lab, personal data may be collected either directly or indirectly to allow for the fulfilment by BioneXt Lab of the purposes outlined below. The following personal data may be requested:

Examples of personal data requested (non-exhaustive list)

  • Surname
  • First name
  • Ethnic origin
  • Height, weight
  • Blood group
  • Medical history
  • Current medication
  • Current treatment
  • Family history
  • Physical condition
  • Sleep quality
  • Diet
  • Coffee consumption
  • Alcohol consumption
  • Amount of water drunk per day

b) Obligation to provide these details and consequences of failing to provide details

From an ethical and statutory point of view, we are not able to work for individuals who refuse to provide us with the required information.

c) Purposes of personal data processing

By providing us with your personal data, you specifically authorise us to process (collect, record, organise, structure, retain, adapt, amend, extract, consult, use, communicate by transmission, circulation or any other means, compare or interconnect, limit, delete, destroy) said data for the following purposes:

  • To allow for the successful completion of the assignment entrusted to BioneXt Lab
  • To record your data in your electronic file
  • To answer your questions, requests for information and/or advice
  • To monitor and manage your file
  • To allow for the transmission of your data to doctors, GPs and specialists and any other doctors in the hospital with which BioneXt Lab has formed a partnership.
  • To allow for the transmission of your data to consultants, GPs and specialists who you have previously declared and saved in your user profile on Websites or the Application.
  • To allow for the transmission of your data, after anonymisation, to health structures for research and statistical purposes
  • To allow for the transmission of your connection and browsing data for the purpose of managing your file
  • To guarantee the effective technical operation of BioneXt Lab facilities
  • To ensure that our accounting department invoices and successfully monitors our services
  • To provide you with our electronic communications and any invitations

d) Data retention

BioneXt Lab is responsible for the archiving of your file; this consists of the retention of all results throughout the retention period provided for by law, or failing that a period of five years, and the possibility for the patient (at their own expense) of consulting or obtaining a copy of all or part of the archived file during the same period. Upon expiry of said period, the file will be completely destroyed unless the patient specifically requests otherwise.

The digital data will be archived upon completion of our intervention relating to your file and payment of our invoice.

BioneXt Lab will ensure that the personal data collected is relevant, appropriate and not excessive in relation to the particular purpose of processing. The collected personal data will only be retained for the duration required for the fulfilment of the purpose of processing unless the retention of this data is governed by a legal obligation governing our activity.

e) Transmission of your personal data to third parties

With your prior approval, and in compliance with the professional secrecy to which health professionals are bound, your personal data collected by BioneXt Lab may be wholly or partially transferred to your treating doctor or group of doctors, to the occupational health, to any other doctor in a hospital and/or a medical centre with which BioneXt Lab has a partnership agreement, provided that these doctors have a therapeutic link with you, to health organisations for research purposes, or to providers of technical services in the context of the proper management of your case file for research purposes or for technical reasons. Your prior consent is required for the transmission of your personal data and may be revoked by you at any time.

f) Consent of the Data Subject with regard to the processing of their Personal Data

We would ask that you confirm your free, specific, enlightened, unequivocal acceptance of the processing of your data as outlined in these general terms and conditions of use.

If your personal data is transmitted to a third party located outside the European Union, BioneXt Lab undertakes to ensure that the destination country offers a similar level of protection in relation to personal data protection or that the third party responsible for data processing undertakes to sign a contract including the standard contractual clauses provided for by the European Commission in order to comply with directive 95/46/EC.

g) Your rights relating to your personal data

All Data Subjects affected by the collection of personal data will be granted the following rights, subject to evidence of legitimate grounds for the personal data concerning them being processed, by simple request sent by email to: dpo@bionext.lu or by post for the attention of: BioneXt Lab – Service Data Protection – 2-4 rue du Château d’Eau, L-3364 Leudelange.

  • Right to information.
  • Right to withdraw consent easily at any time.
  • Right to access (i.e. obtain) confirmation as to whether or not data has been processed at any time upon request.
  • Right to correct, or ensure that the data controller corrects, inaccurate personal data as quickly as possible.
  • Right to deletion / right to be forgotten, i.e. ensuring that the data controller deletes data as soon as possible.
  • Right to limit processing.
  • Right to data portability.
  • Right to object to processing at any time on the basis of grounds relating to a personal situation.
  • Right not to be evaluated on the basis of automated processing.
  • Right to present a claim to a supervisory authority.

h) Information security of your details

BioneXt Lab must retain all medical data in secure databases hosted in the data centres of the supplier POST-eBRC, which are certified and located on the territory of the Grand-Duchy of Luxembourg and are backed up regularly and which comply with the extremely strict standards imposed for the confidentiality and integrity of medical data.

i) Applicable law

Any disputes relating to data protection will be governed by the law of Luxembourg in terms of their validity, interpretation, execution and extinction and will be dealt with under the exclusive competency of the jurisdictions of the city of Luxembourg.

In accordance with (EU) Regulation N°611/2013, BioneXt Lab undertakes to notify the National Commission for Data Protection of the Grand Duchy of Luxembourg within 24 hours of disclosure of a violation of the security and confidentiality of personal data and BioneXt Lab undertakes further to notify you insofar as the incident could have a negative effect on the level of protection of your privacy and data.

You hereby acknowledge and accept that BioneXt Lab cannot be held responsible under any circumstances for a security violation resulting accidentally or unlawfully in the destruction, loss, alteration, disclosure or unauthorised accessing of personal data which is transmitted, stored or processed in relation to the Application and/or Website.

11- Contact with the User

BioneXt Lab may contact the User via the Website or Application or by email if this is justified by the smooth running of the Application and/or Website and whenever BioneXt Lab needs to make contact with the User for any reason whatsoever.

12 - Agreement on evidence

In order to save the registration and acceptance of these terms and conditions and future additional clauses, BioneXt Lab and its service providers use an information system which stores this information (identification of individuals, acceptance principle, etc.) in a digital database.

The User acknowledges that said information will provide evidence and be considered authentic in the context of his/her relations with BioneXt Lab and its service providers.

13- Amendment of these general terms and conditions

BioneXt Lab reserves the right to amend these general terms and conditions at any time and propose new or additional terms and conditions relating to the use of the Application and/or Website. These amendments and additional terms and conditions will be communicated to the User and, if the latter agrees, will be enforced immediately and will form an integral part of the applicable general terms and conditions. If the User refuses to accept these amendments of additional terms and conditions, BioneXt Lab reserves the right to cancel the User's account. The User hereby accepts that BioneXt Lab will not incur any liability towards him/her or any third party in relation to the amendments or termination of the Application and/or Website.

14- Invalidity of a clause

The invalidity of one of the clauses of these general terms and conditions will not affect the validity of the other clauses in any way whatsoever.

15- Applicable law and attribution of jurisdiction

These general terms and conditions of use are governed by the law of Luxembourg.

Any disputes relating to said terms and conditions will be dealt with under the exclusive competency of the jurisdictions Luxembourg in the city of Luxembourg.