These terms and conditions (hereinafter 'Ts&Cs') set out the rules for use of the GouvCheck mobile application ('app').
The GouvCheck app is operated by the Luxembourg Government (hereinafter 'the Government'). It is published by the Government IT Centre (hereinafter 'CTIE'), located at 560, rue de Neudorf, L-2220 Luxembourg.
By installing and/or using GouvCheck on their mobile phone or tablet, users are deemed to have read and unreservedly accepted these Ts&Cs in their entirety. They agree to abide by these terms.
Article 1: DEFINITIONS
The term 'user' refers to any natural person, be they an adult or a minor (having obtained permission from their parents or person vested with parental authority), and any Luxembourg or foreign legal entity, who downloads the GouvCheck application to a mobile phone or tablet.
The term 'application' (or 'app') refers to the software application GouvCheck, which can be downloaded from the Apple App Store and Google Play Store platforms for installation on compatible mobile phones and tablets.
The term 'QR Code®' refers to a 2D barcode designed to store data. QR Codes® can be decrypted by appropriate QR reader software installed on a mobile phone or tablet with a camera.
Article 2: PURPOSE OF THE APPLICATION
The free app allows users to scan the QR Code® on the official document in order to:
- check the QR Code®'s integrity and authenticity offline: ensuring that it was actually issued by an official body. Please note that the user commits to comparing the information on the official document issued in Luxembourg with that displayed in the application following successful verification of the QR Code®;
- add administrative data when the administration issuing the QR Code® has encoded an online verification of the administrative validity of the QR Code® data.
The aim of the application is to prevent document fraud, subject to a minimum verification of the concordance of the data displayed after the verification of the QR Code® with that of the document.
The Government may, at any time and without notice to the user, alter or update the purpose of the app.
Article 3: HARDWARE NEEDED TO USE THE APPLICATION
To access and use the app, the user must have:
- a compatible multimedia device:
- either a mobile phone with a camera, running the iOS 7.0 or Android® 4.3 operating system or later;
- or a tablet with a camera, running the iOS 7.0 or Android® 4.03 operating system or later;
- a customer account on the Apple App Store or Google Play Store platforms.
Article 4: AVAILABILITY OF THE APPLICATION
The Government shall employ every effort to ensure security in accessing, viewing and using the app's content and services.
In principle, it should be available 24/7, except for reasons of force majeure or the occurrence of an event beyond the Government's control, and during operations:
- to carry out technical maintenance;
- to implement updates;
- to make technical improvements or change the content and/or presentation;
- for any other reason deemed necessary.
Such operations may be carried out at any time, without prior notice to the user.
In the event that the app is unavailable or does not work properly, users are not entitled to any indemnification.
Article 5: FINANCIAL CONDITIONS
The app can be downloaded for free from the Apple App Store or the Google Play Store.
The user alone is responsible for the equipment and hardware necessary to access and use the app. Similarly, the user is responsible for any telecommunication costs incurred to access and use the app.
Article 6: INTELLECTUAL PROPERTY OF THE APPLICATION
The Luxembourg Government is the exclusive owner of all intellectual property rights pertaining to the structure and content of the app, unless expressly stated otherwise.
These Ts&Cs do not entail the transfer of any intellectual property right to the user, with respect either to the structure or the content of the app and its services.
Users expressly undertake to refrain from using the app in such a way that may infringe the rights of the Government and, in particular, refrain from any such use that may constitute counterfeiting or parasitic use of information, or unfair competition.
Any elements of the app that are subject to so-called 'open source' or 'free software' licences are governed by the terms of the accompanying licences. These Ts&Cs do not limit or grant any more rights to users than are agreed upon in the relevant terms of the licences.
None of the texts, graphics, icons, photographs, illustrations and, more generally, none of the elements making up the GouvCheck app, may be represented, reproduced, exploited or extracted, either in part or in full, on any medium whatsoever, without the Ministry for Digitalisation's express, written authorisation.
Article 7: USAGE LICENCE
The Government grants users a free licence to use the application, limited strictly to personal use. Users must therefore refrain from using the app for business purposes.
The term 'business purposes' includes, in particular:
- any profit or commercial income resulting from the marketing of the app or any competitive use;
- using the app with a commercial company and/or a third party if such a use leads to the marketing of the app.
The licence is non-exclusive, non-sublicensable, non-transferable, and may be revoked at any time.
Article 8: LIMITATION OF LIABILITY
The Government cannot fully guarantee the accuracy or completeness of all information contained in the app, whether provided by the Government itself or by any other person or organisation.
Users agree to compare the information displayed on the official document issued in Luxembourg against that contained in the QR Code®. The Government can only guarantee the accuracy and completeness of the information contained in the QR Code® and not that such information will be consistent with the information in the document.
Similarly, the Government may not be held liable if access to the app is interrupted due to maintenance operations, updates or technical improvements, or for the purpose of making changes to the content and/or presentation.
In addition, the Government may temporarily or permanently suspend access to the app and to any connected services, without indemnification.
The Government accepts no liability for any direct or indirect damage occurring in connection with changes or modifications made to the app.
The Government is not responsible for the content of any websites to which hyperlinks in the app may direct the user.
The user alone is responsible for updating to the latest version of the app. The Government assumes no responsibility in this regard.
The Government may not be held liable if, for any reason, the app becomes inaccessible.
The Government may not be held liable if, for any reason, internet connectivity is interrupted.
The Government may not be held liable for any omissions and/or errors the app may contain.
The Government may not be held liable for:
- damage of any sort, whether direct or indirect, resulting from the use of or inability to use the app, and notably any operating, financial or commercial loss, or loss of programs and/or data in the app user's information system;
- damage of any sort, whether direct or indirect, resulting from the content and/or use, or inability to use, websites linked to the app or which the user would usually be able to access through the app.
The Government accepts no liability whatsoever for any misuse of the mobile phone or tablet, or for any incident relating to the use of those devices when running the app. Under no circumstances may the Government be held liable for any damage whatsoever, caused to the user, their terminal, their computing or phone equipment and data stored thereon, or for the consequences of such damage for their personal, professional or commercial activities.
The user declares that they are fully aware of and accept the risks, limitations and problems of the mobile internet network and the app's operating system, for which the Government may not be held liable, and in particular, acknowledges that:
- they use the app at their own risk;
- the app is provided 'as is', subject to availability;
- they are responsible for protecting their own data stored on their mobile phone or tablet and/or in their software, and for taking all appropriate measures to protect them from damage (malfunction, viruses, hacking, etc.);
- given the technical performances of mobile internet, processing time is required to respond to, view, request or transfer the information.
Users undertake not to use the app for fraudulent purposes.
Users acknowledge that they, and they alone, are responsible for any breach of their obligations under these Ts&Cs, and for the consequences of such a breach.
Article 9: PROTECTION OF DATA COMMUNICATED BY THE USER
The verification of the integrity and authenticity of a QR Code® by the GouvCheck application is carried out offline by default. It does therefore not result in any collection of the user's personal data by the Government and/or the CTIE. If the QR Code® issued by the administration is encoded with (1) an online verification of the administrative validity of the data in the QR Code® and (2) if necessary, an addition of other administrative data to be displayed in the application, the QR Code® is collected in accordance with the following procedures: The administration issuing the QR Code® is the sole responsible for this processing; the CTIE is its sole subcontractor in charge of hosting the IT platform which (1) verifies the integrity and authenticity of the QR Code® upon receipt, (2) securely transfers part of the QR Code® to the IT platform of the issuing administration, and finally (3) sends the administration's response containing the result of the verification of the administrative validity of the QR Code® and, where applicable, other administrative data back to the GouvCheck application. The period for which QR Code® data is stored on the Government's IT platforms is linked to the period corresponding to the administrative processing of the document containing the QR Code®. This storage period is the responsibility of the administration issuing the QR Code®. The QR Code® is not stored by the CTIE.
The GouvCheck application regularly connects to an IT platform of the CTIE in order to update the trust certificates used for the offline verification of the integrity and authenticity of the QR Code®, and to update other technical configuration information.
When communicating with the Government's IT platforms, technical connection information such as the so-called "IP" address is stored for the sole purpose of resolving security incidents. This information is not in relation with the processing of personal data.
The user has the right to access, rectify or erase data concerning them and related to the processing carried out. They may exercise these rights by applying to the relevant data controller. It should be noted that the legal bases relating to administrative processing in connection with the document containing the QR Code might contain specific provisions governing the exercise of the user's rights.
The 'Apple App Store' and 'Google Play Store' platforms are likely to process the personal data disclosed directly or indirectly by the user when downloading the app.
Apple and Google are the data controllers for the user's personal data.
The CTIE is not the data controller for the user's personal data.
Apple and Google are both subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the law of 1 August 2018 setting up the National Commission for Data Protection and implementing the aforementioned Regulation (EU) 2016/679.
Hence, it is the user's responsibility to contact Google or Apple to exercise their rights to access, rectify or delete the data concerning them, and their rights to limit its processing, object to processing, withdraw their consent and the right to data portability.
Article 10: CHANGES TO THE GENERAL TERMS AND CONDITIONS OF USE
The Government reserves the right to modify or supplement any or all of these Ts&Cs at any time, and without prior notice to the user, so that they reflect changes to services, or technical or legal changes, or any new services that may be introduced.
Thus, the Government advises all users to apprise themselves of the Ts&Cs governing the use of the app. Only the latest version of these Ts&Cs accessible online is deemed to be in force at the time of use of the app by the user.
The Government will notify users of any modifications to the Ts&Cs simply by publishing them online.
Article 11: APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These Ts&Cs are subject to Luxembourg law.
Any dispute or disagreement arising in connection with the app or interpretation of these Ts&Cs, and which has not been amicably settled, shall be subject to the jurisdiction of the Luxembourg courts.