These terms and conditions (hereinafter referred to as 'Ts&Cs') set out the rules for use of the mobile application CovidCheck.lu.
CovidCheck.lu is operated by the Luxembourg Government (hereinafter referred to as 'the Government'). It is published by the Government IT Centre (Centre des technologies de l'information de l'État - hereinafter referred to as 'CTIE'), located at 1 Rue Mercier, Luxembourg.
Article 1: DEFINITIONS
The term 'user' means any natural person, whether an adult or a minor (having obtained permission from their parents or the person holding parental authority), who downloads the application CovidCheck.lu to their mobile phone or tablet.
The term 'application' (or 'app') refers to the software application CovidCheck.lu, 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 from an image taken by a mobile phone or tablet equipped with a camera or webcam.
The term "EU digital Covid certificate" refers to a safe and secure certificate in digital and/or paper format, valid in all EU countries. This certificate, which contains a QR code®, constitutes digital proof attesting that a person:
- has been vaccinated against COVID-19; or
- has been tested negative for COVID-19; or
- has recovered from COVID-19.
National authorities (hospitals, testing centres or health authorities) are responsible for issuing this certificate. The QR code® for this certificate contains:
- a digital stamp to guarantee the certificate's authenticity; and
- the required essential information such as name, date of birth, date of issue, relevant information on the vaccine/test/recovery and a unique identifier. This information cannot be retained by the countries visited. Only the validity and authenticity of the certificate is checked, by verifying who issued and signed the certificate.
Article 2: PURPOSE OF THE APPLICATION
The Government has developed a mobile application which is designed to check the authenticity and validity of the EU digital Covid certificate (hereinafter referred to as 'certificate') in real time: this is the CovidCheck.lu app available on the 'Apple App Store' and 'Google Play Store'.
The free app allows users to:
- scan the QR code® on the certificate;
- the QR code®'s integrity and authenticity offline. Please note that the user is informed that the application synchronises with the national system in order to be updated with the technical information in force in the EU Member States. This synchronisation takes place when the application is launched and before each QR Code® scan. This synchronisation ensures that QR Code® checks are accurate to within one day in accordance with Member State requirements. Users commit to carry out this synchronisation themselves using the functionality provided for this purpose in the application as soon as they deem it necessary, or if the application could not carry out this synchronisation for whatever reason;
- the validity of the certificate.
The app's main purpose is to prevent document fraud.
The Government may, at any time, change, expand or update the purpose of the app. Users will be notified.
Article 3: HARDWARE NEEDED TO USE THE APPLICATION
To access and use the app, the user must have:
- a compatible multimedia device, i.e.:
- either a mobile phone with a camera and running the operating system iOS 13.0 or Android 5.0 or later;
- or a tablet with a camera and running the operating system iOS 13.0 or Android 5.0 or later;
- a customer account on one of the platforms 'Apple App Store' or 'Google Play Store';
- internet access.
Article 4: AVAILABILITY OF THE APPLICATION
The Government shall employ every effort to ensure security in accessing, viewing and using the content and services provided through the app.
In principle, the app is 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 safety reasons;
- 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 on 'Apple App Store' or 'Google Play Store'.
The user alone is responsible for the equipment and hardware necessary to access and use the app. The latter shall also bear the telecommunications costs incurred by accessing and using the app.
Article 6: INTELLECTUAL PROPERTY OF THE APPLICATION
The Government is the exclusive owner of all intellectual property rights pertaining to the structure and content of the app, unless expressly stated otherwise and unless otherwise stipulated by law or contract.
These Ts&Cs do not entail the transfer of any intellectual property right to the user, with respect to either 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.
None of the texts, graphics, icons, photographs, illustrations and, more generally, none of the elements making up the 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: USER LICENCE
The Government grants users a free licence to use the app, limited strictly to personal use. Users shall refrain from using the app for business purposes. Failure to do so will result in personal liability.
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-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. As such, the Government may not be held liable.
Similarly, the Government may not be held liable if access to the app and/or its services 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 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 or its services become 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 or its services, 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. In particular, the user 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 (loss of the phone or tablet, malfunction, viruses, hacking, etc.);
- given the technical performances of the 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.
The app does not collect any of the user's personal data on behalf of the Government and/or the CTIE.
The collection by the user of personal data contained in the QR Code® of another person is only lawful if one of the conditions provided for by law is met, including for example the consent of the person concerned, the necessity of the collection for the performance of a contract or a legal obligation with which the user or the legal person they represent is bound. Users are informed that the display of personal data contained in the QR Code® is only temporary. The data will disappear from the screen after 2 minutes. The app does not allow this data to be saved, and the user undertakes not to save this data by any other means, unless legal or regulatory provisions authorise such saving after having duly informed the person concerned of the terms of subsequent processing.
When communicating with the State'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 in whatever form.
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.
In this case, Apple and Google alone are responsible for processing 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 (Commission nationale pour la protection des données) and implementing the aforementioned Regulation (EU) 2016/679.
Hence, it is the user's responsibility to contact these organisations 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, expand or supplement any or all of these Ts&Cs at any time, so that they reflect changes to services, or technical, jurisprudential or legal changes, or any new services that may be introduced. Users will be notified of such changes.
Nevertheless, 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.
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.