Privacy Notice
Please read these terms of use carefully before accessing or using our Website.
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.
1. 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.
2. What are the personal data that are collected?
In the context of the Application form to Scaleup pilot programme, the personal data Luxinnovation collects about is listed below:
- Identification data: Name, First Name, company name and job position,
- Contact data: Email address, postal address;
- Founders details: Name, First Name, gender
- Users and/or Consumers: gender
3. For what purposes does Luxinnovation processes Your Data, and what is the lawful basis of those processing operations?
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 missions1 or,
- the legitimate interest of the controller.
You submit your form to participate in the Scaleup pilot program, as representative or employee of a company that Luxinnovation support in the context of the Scaleup Program, your personal data is processed for the following purposes:
- receive your file and enter it in our contact database;
- manage the process of analyzing your file;
- communicate with you and/or inform you of the result of the analysis process of your file;
- organize one or more meetings with Luxinnovation employees in our Belval or Chamber of Commerce premises
- contact you later to offer you new business opportunities based on the Luxinnovation service catalogue;
- to establish and/or defend our legal rights;
- for statistical purposes;
- to carry out our reporting activity.
To do this, Luxinnovation relies on the missions entrusted to it by its shareholders and described in its statutes:
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Purposes |
Those purposes are based on Luxinnovation’s public interest missions, as detailed below |
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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” |
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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” |
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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” |
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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” |
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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” |
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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” |
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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” |
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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” §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” |
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Transfer of information to Luxinnovation shareholders and partners (within and outside the EU) |
If you participate in events that Luxinnovation organises, alone or in partnership with other organisations, Your Data are processed for the following purposes:
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Purposes |
Those purposes are based on Luxinnovation’s public interest missions, as detailed below |
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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” |
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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” |
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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 our website, 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).
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).
4. 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),
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.
5. How long will Your Data be kept?
Your personal data is kept for as long as necessary and for the sole purposes described in point 3 of this confidentiality notice, in order to guarantee compliance with Luxinnovation's legal obligations and to resolve possible disputes.
The data collected in the context of the Application form for Scaleup pilot program, via our website, are registered into our contact database and deleted no later than 3 years from the last contact with the person concerned.
The files (including all supporting documents provided by representatives and/or employees of companies supported by Luxinnovation in the context of the Application form for Scaleup pilot program, and all email exchanges between them and Luxinnovation employees) are kept:
- 10 years, if the file does not meet the set criteria and is rejected,
- 30 years if the application meets the set criteria and is accepted.
6. Services providers
In order to be able to provide our services, Luxinnovation uses the support of service providers. To ensure the protection of your personal data in this case, we conclude processing contracts with each service provider, which are selected according to strict criteria. All our subcontractors provide sufficient guarantees to implement appropriate technical and organizational measures. Our third country data processors are either located in a country offering an adequate level of data protection (Article 45 GDPR) or provide appropriate safeguards (Article 46 GDPR)
Adequate level of protection: The provider comes from a country whose level of data protection has been recognized by the European Commission. For more information, please see the following link:
https://commission.europa.eu/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en
EU Standard Contractual Clauses: Our provider has submitted to EU Standard Contractual Clauses to ensure secure transfer of data. For more information, please consult the following link:
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:039:0005:0018:EN:PDF
7. 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 (GDPR, article 19): You can send us any questions regarding the recording and processing of Your Data.
- Right of access (GDPR, article 15): 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 (GDPR, article 16): 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 (GDPR, article 17): 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:
- 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 (GDPR, article 21): 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.
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 (GDPR, article 20) : 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 carried out using automated processes.
- Right to withdraw consent (GDPR, article 13-2): 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 (GDPR, article 77): 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.
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:
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.
8. Changes to this Privacy Notice
Luxinnovation undertakes to keep this Notice up to date, taking into account any changes in the processing of your personal data. In any case, the date will be modified accordingly.Luxinnovation invites you to read this notice regularly when you use our online registration platform.
Last modified: November 2023