© 2020-2024 Borders - Tous droits réservés - Conditions générales d'utilisation - Politique de confidentialité
It is important that you read these Terms and Conditions of Use carefully before using the Application.
We invite you to download these Terms and Conditions in PDF format before giving your acceptance to ensure that you give your express consent freely, without any haste, having read and understood all the terminology used. If you use our solution in any way whatsoever, you undertake to comply with the content of these Terms and Conditions of Use which constitute a Contract between our company and yourself.
In the event of total or partial refusal of the provisions of these Terms and Conditions, you must not click on “I accept” but inform us at the address gdpr@BORDERS.APP of the provisions with which you disagree. A total refusal could make the execution of the services impossible.
It is important to understand that Borders, Borders.app or Borders.fiscality (the “Application”) is an application whose main objective is to create and store a secure electronic documented file which may be used in case of tax audit or to support accounting. Users are private individuals who must document their work paths on a regular basis, as well as professional such as liberal professions who are driving to their business/client places.
The Application has been developed by ID’s Development S.à r.l., a limited liability company established at 62, Avenue de la Liberté, L-1930 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B255181 and represented by its currents managers (hereinafter referred to as “ID’s“ or the “Developer”).
This is important to understand that this Application uses location data and handle those location data. The Application will indeed use geographic positions of the users to point and support evidence. It is important to understand that the application uses data loacation’s features of your phone and is able to trace a way and to fix location data and positions automatically and/or at the user’s initiative and only with his/her/its consent.
The data coming from the data location is only used for the purpose of the user and has no commercial or other meanings. In no circumstances, the information and data collected will be used by third parties for commercial purposes, neither to be sold to third parties. At any time the user is free to download the data under the form of predefined reports and remains the only one that can share those reports to third parties, such as tax administration or accountants.
When agreed by the user, all data location and geographic positions will be collected by the Application through an automatic routine which source is Google Map. This data location will be stored in a safe and protected network with the only purpose to be used by the user at its own request. Under no circumstances, data location will be used by a third without the explicit agreement of the user.
In case of inquiry, the user is able to get contact with the Developer at any time by sending an email to gdpr@BORDERS.APP
For other specific questions, please refer hereafter to the special part of the Privacy policy
Under the terms of these General Terms and Conditions of Use, ID’s makes available to any
individual using the Application (hereinafter the “User“) :
a Website allowing to consult various information relating to BORDERS.APP and the services it offers ;
an Application, intended for Users subscribed by their companies / Paying Users / Guest Users / Test Users / collaborators with independent status of a company and dependents composing their household), offering services, namely :
Protect your day: tool that allows to follow a way from a starting point to one or several working points.
Path the Borders: tool that identifies each time a border is crossed.
Map my road: tool that allows users to identify a professional way and to keep evidence.
Print my map: tool that allows the printing of a road.
Document my tax file: tool that allows to issue reporting’s with objectives to justify professional roads.
All or part of these services can be accessed via a connection to a highly secure area dedicated to the User.
In specific, personal, property and/or tax information are strictly confidential.
User account
Prior to any connection, User registration on the Application (and the creation of his personal space) is mandatory (hereinafter the “Account”).
The User is solely responsible for maintaining the confidentiality and security of his Account and for all activities directly or through him.
The User undertakes to immediately notify BORDERS.APP of any breach in the security of his Account. The User expressly acknowledges and accepts that the Application is designed and intended for restricted personal/family and/or professional use. In this respect, the User shall refrain from sharing his Account information (including his access codes) with any other person other than his spouse/partner, if any, or any other member of his household in his charge. Subject to reasonable care and diligence, BORDERS.APP shall not be liable for the disclosure of confidential information or losses resulting from unauthorized use of the User’s Account and failure to comply with these rules of use.
In order to use the Application, the User must enter his/her identifier and access code to authenticate the Account. The User agrees to provide accurate and complete information when registering, and to update his/her registration data to ensure that it is always accurate and complete.
Should the User fail to provide accurate, current and complete registration data on the Application, BORDERS.APP reserves the right to suspend or terminate the User’s Account and to inform the employer, if it is the employer who has subscribed to this service for the benefit of its employee. The User agrees that BORDERS.APP may store and use the registration data on the Application provided by the User. Details on data storage can be found in BORDERS.APP’s Privacy Policy available on the Website.
Users have the right to access, rectify, modify and delete data concerning them personally. These rights may be exercised by post to BORDERS.APP at 62, Avenue de la Liberté, L- 1930 Luxembourg or by electronic means at : gdpr@BORDERS.APP.
Connection
Any User may connect to the Website free of charge in order to consult official and public information published.
Any User may connect to the Application in order to use the services made available to him/her.
The User is informed that the Application is accessible in SAAS (software as a service) mode and that access is made on his/her equipment, whether personal or made available by his/her employer (computer, digital tablet, smartphone, etc.), on his/her own internet access network (or that of the employer if applicable) compatible with the Application and under his/her own responsibility. Telecommunications costs enabling access to the Application are the responsibility of the User (or his employer, as the case may be), as well as the communication costs incurred by their use.
The User acknowledges and accepts that it is his or her responsibility to meet the conditions for the proper functioning of the Application.
It should be specified that, although the User uses his/her professional email address to access the Application, the User’s employer has no access to his/her personal data.
Restriction of use
The User agrees to use the Application only for the purposes allowed by these Terms and Conditions and in accordance with applicable laws and regulations or generally accepted practices.
If the use of the Application by the User, or any other behaviour by the User, intentionally or unintentionally threatens BORDERS.APP’s ability to maintain the Website, the Application and the confidentiality of the information attached thereto, or any other system, BORDERS.APP may take all reasonable measures to protect the Website, the Application and/or preserve the stored confidential information, including the immediate suspension or termination of the User’s right of access to the Website and/or the Application.
Availability of the Application
The Application or any feature or part thereof may not be available in all countries. BORDERS.APP does not guarantee that the Website, the Application or any feature or part thereof is appropriate or available anywhere. The User chooses to access and use the Website and/or the Application on its own initiative and is therefore responsible for acting in accordance with any applicable law.
It could be that a regular update is necessary in order to adapt the content to new laws, regulations and tax interpretations in application, the service may not be available during few days per year in order to guarantee optimal quality.
Absence of transfer of rights
Nothing in these Terms and Conditions shall have the effect of conferring on the User any interest, title or licence in or to any identifier of the Website, Application, domain name, email address or similar resource used by the User in connection with the Website and/or Application.
Access to the Application as well as the consultation of the information it contains, as well as any interpretation that may be made of it, are carried out under the sole responsibility of the User who undertakes to make strictly personal and non-commercial use of it and not to reproduce it for a third party not belonging to the household (unless the User is subscribed by his company for professional use of the services).
In particular, the User undertakes not to harm or attempt to harm the integrity or security of the Application. In this respect, the User undertakes to scrupulously comply with the following rules:
not to download, display or transmit in any way whatsoever any content likely to undermine the integrity or confidentiality of the systems and data of BORDERS.APP, other Users and third party service providers;
not to extract data appearing on the Website and/or the Application in order to make an unauthorized re-use;
not to copy, modify, in particular by decompiling, merging into another software or determining, the source code, algorithms, structure or organisation underlying the Website and/or the Application;
in case of doubt about the information provided or the reports drawn up by the Application’s services, communicate to BORDERS.APP the origin and content of the dubious information/report.
In addition, the User must take all necessary measures to safeguard by its own means the information it deems necessary from its Account since BORDERS.APP will not provide it with any automatic copy, in particular upon termination at its own initiative, that of its Employer or that of BORDERS.APP or for any other reason.
BORDERS.APP declines all responsibility in the event of the User forgetting (whether voluntarily or involuntarily) information on a way not declared by the User as well as any unreal seizure with the aim of reducing his tax burden (or that of his household).
BORDERS.APP devotes, within the limits of reasonableness, all the means at its disposal in order to ensure continuity of access to the Application and to allow the optimal use thereof. BORDERS.APP’s commitment results from a simple obligation of means.
BORDERS.APP ensures that its software is constantly updated by doing its utmost to offer the highest degree of relevance and reliability in its field.
In addition, BORDERS.APP may also provide the User with a follow-up service (taxation follow-up) in the event of a miss-interpretation by the Direct Tax Administration of the documentation. The User may have access to this service by contacting our tax advisor: contact@taxconnected.com(a Luxembourg Tax advisor company), which will provide the Users with a fee offer.
BORDERS.APP also reserves the right to suspend access to its Website and/or Application at any time in the event of interventions such as software maintenance and upgrades, hardware maintenance and development, or content updates, within a period of time determined by BORDERS.APP in order to maintain an optimal service.
BORDERS.APP may put online hypertext links that may refer Users to websites published and managed by authorised third parties. BORDERS.APP does not exercise any control or supervision over these third parties. It cannot be held liable for the content and services made available on third party sites, for any security or integrity problems with the User’s data, hardware and software, or for any consequences or damage that may result from the use of these applications and/or third party websites.
At the initiative of the User
The User may request the deletion of his Account or stop using the Application at any time. To delete his Account, the User must make a request by post to BORDERS.APP at 62, Avenue de la Liberté, L- 1930 Luxembourg or by e-mail to gdpr@BORDERS.APP.
BORDERS.APP cannot guarantee the User’s documentation service:
For any session deleted at the request of the User. In this case, it should be specified that the deletion of a session is an irreversible process;
For all sessions if the User has requested the deletion of his Account. In this case, it is advisable to specify that he will no longer have access to the Application by means of its identifier. This operation is irreversible.
In all other cases, the User is informed that its data is kept and secured by BORDERS.APP for a period of seven ( 7 ) years following the year of use (n+ 7 ) in order to ensure that the User and BORDERS.APP are able to respond to any retroactive request for a tax Authorities or tax control by a competent authority when required or authorised by law.
Beyond the seven (7) year period for the preparation of the tax return, BORDERS.APP may not be able to provide the documentation follow-up service.
At the initiative of BORDERS.APP
The User may at any time, without prior notice, immediately delete or suspend all or part of the User’s Account or access the Application in the event of unexpected technical or security problems that may compromise the security of confidential information linked to the User. Such deletion or suspension shall be carried out by BORDERS.APP at its sole discretion and BORDERS.APP shall not be held liable to any person for any damage that may result from such deletion or suspension.
BORDERS.APP undertakes to respect the utmost confidentiality of information relating to the User for the entire duration of the existence of his/her account on the Website and/or on the Application, including during the data retention period once the User’s Account has been deleted.
In particular, with regard to Confidential Information (as defined below), subject to article 10 of these General Terms and Conditions, BORDERS.APP undertakes to:
not to use them for other purposes than the execution of the present contract;
not to communicate them to authorized intermediaries (legal service provider, financial advisor, medical/coaching service provider), in any way whatsoever, without the prior written consent of the User concerned;
preserve its confidentiality by applying provisions similar to those it usually uses to protect its own confidential information;
ensure that the subcontractors (e.g. an IT service provider) with which it would be called upon to collaborate respect the same constraints.
“Confidential Information” as used herein shall mean all information of any nature and in any form whatsoever communicated by either Party to the other Party, or which comes to the knowledge of either Party in the course of the performance hereunder (including the User Sessions), whether or not such information relates to the subject matter thereof, is or is not the property of the other Party.
Notwithstanding the above provisions, BORDERS.APP may access the Confidential Information for the sole purpose of properly providing its services, namely:
for assistance and helpdesk purposes;
for the purposes of maintenance, improvement or verification of the results (technical, tax, legal) presented by the Application to guarantee the reliability of the service ;
for anonymized statistical purposes.
BORDERS.APP may allow access to the Confidential Information to authorized third parties, in particular IT service providers, on the condition that such access is essential for the implementation and/or maintenance of the Services offered by the Application.
In all cases, BORDERS.APP undertakes to process and record access to the ConfidentialInformation in accordance with the provisions of the GDPR, Regulation 2016/679 known as the General Regulation on Data Protection, which is the reference text on the protection ofpersonal data within the European Union.
The Confidential Information (non-anonymized personal data) may not be communicated tounauthorized third parties for commercial purposes or for any use not authorized hereunder.
It is reminded that the secrecy of correspondence (private correspondence being defined as any message exclusively intended for one or more natural or legal persons, determined andindividualized through an email exchanged between two or more correspondents, from a messaging service) is not fully guaranteed on the Internet network and that it is up to each User of the Website and/or the Application to take all appropriate measures to protect his or her own data.
When, for reasons of commercial development, BORDERS.APP gives access to the Application, without any invoicing or subscription and for a period of time defined in advance, to a prospect, the latter shall have the status of “Test User”. They have access to a User Account that they create and thus benefit from the same access than the one of a paying User or a User subscribed by his company.
In their capacity as Test Users, their personal data are protected in accordance with the GDPR.
As this is a test space, BORDERS.APP does not incur any liability other than that relating to the confidentiality and security of the Test User’s data.
Test User data are destroyed at the end of the test period unless they become Subscribed Users through their company or subscribers through a direct affiliation (BtoC) or in the event of a specific request from the company (with the agreement of its staff).
The Website and/or the Application is/are a mean(s) intended to help the User in his interactions with different organizations and/or service providers. It is in no way intended to replace the User’s appreciation or judgement.
The Website and/or the Application are accessible in principle 7 days a week and 24 hours a day, except in cases of force majeure, difficulties linked to the structure of the telecommunications network, updates or technical difficulties.
Similarly, BORDERS.APP does not guarantee the quality of the communication links with the User and cannot be held responsible for any failures or malfunctions observed on the communication networks used.
Under no circumstances may BORDERS.APP be held liable for the consequences, of any nature whatsoever, related to any documents that may be generated by the Website, its Application and/or one of its functionalities, on the basis of information transmitted by the User.
The functionalities offered by the Application and the documents generated by this means, comply with Luxembourg legislation applicable to BORDERS.APP. BORDERS.APP wishes to inform the User that the Direct Tax Administration declines all responsibility for the functioning of the reports and information they contain.
BORDERS.APP’s duty of care is based on an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.
Under no circumstances may BORDERS.APP be held liable for any damage suffered by the User – or by persons to whom the User has voluntarily or involuntarily allowed access to the
Application – due to an event beyond the exclusive control of BORDERS.APP, and in particular for any damage falling within the scope of:
the authenticity, accuracy or relevance of the information sent to BORDERS.APP by the User;
and/or the inappropriate use, whether or not it is wrongful, the Application by the User;
and/or a malfunction of the hardware and/or software used by the User to access the Application caused – among other things – by a virus, a security flaw, spyware, a rootkit, a server problem, etc., regardless of the person or computer system that suffers the said damage;
and/or a suspension or disruption of access the Application resulting from the action of a third party and/or a case of force majeure including in particular labour disputes (strike, lockout, etc.) within BORDERS.APP or any subcontractor involved in the perfect availability of the Application;
and/or the temporary inability to consult the sources of information accessible from the Website and/or the Application via links to other websites.
BORDERS.APP cannot be held liable to these same persons for any indirect damage. Its liability is in any event limited to the direct prejudice caused by the Application under:
any disruption in access to the Application by the User due solely to a fault on the part of BORDERS.APP proven by the User;
and/or damage resulting from the consultation of the Application and/or the use of the information contained therein;
and/or damage caused by the Application to the computer system used by the User to access the said site.
In addition, BORDERS.APP cannot be held liable under any circumstances when there is:
fault, negligence, omission, non-use of the Service or failure of the user;
entering incorrect data or fraudulent use of the Service with the aim, in particular, of paying less tax;
force majeure, events or incidents beyond BORDERS.APP’s control such as strikes, social unrest, public calamities, fires, etc. … ;
fault, negligence or omission of a third party or an intermediary (provider of various services: brokers, advisors, etc.) over which BORDERS.APP has no control or supervision;
in the event that the User requests the tax follow-up service (within the time limit set – see point 4) and provided that it provides proof that it has done everything possible to rectify the situation, BORDERS.APP shall in no way be held liable for the non- acceptance by the Direct Tax Administration of the said rectification.
Under no circumstances can BORDERS.APP be held responsible for the choice of taxation made by the User or even for the absence of any other choice by the User within the time limits mentioned in article 3.
BORDERS.APP reminds that the Direct Tax Administration retains the power to interpret the documentation and cannot guarantee that the Administration’s interpretation will lead to results that are perfectly identical to the expected reporting. BORDERS.APP can in no way be held liable in the event of an error committed by the Administration or the adoption of a different interpretation or the adoption of a new jurisprudence / interpretation by the latter which would lead to a result different from the one expected.
The User shall indemnify and hold harmless BORDERS.APP, its representatives, employees and partners from and against any loss, damage, expense, cost, action, claim, suit, litigation, obligation, demand and liability that may be brought by a third party for (i) any use by the User of the Application, as well as (ii) any breach by the User of these Terms and Conditions.
ID’s and/or its partners are the owners of the Application (presentation and content including, but not limited to, the source code of the Application, fixed or automatically generated pages, photos, drawings, illustrations, sounds, videos, names, brands, logos, databases, software, algorithms, etc.).
All of these elements are protected by Luxembourg intellectual property law, with the exception of any rights that third parties may have over some of these elements.
Subject to the express reservation of the legal provisions on the subject and/or prior written authorization from BORDERS.APP, any copy, representation, distribution or redistribution, modification in whole or in part, sale, resale, retransmission or making available to third parties, in whole or in part, of the content of the Application on any medium or by any process whatsoever would constitute an infringement likely to engage the civil and criminal liability of the infringer.
Any content reproduced and/or disseminated pursuant to a legal provision or prior written authorization from BORDERS.APP must contain identical copyright notices, other legends and information concerning the registered trademarks appearing on the original, as well as the source, quoting the internet address (URL) of the page and the mention “© BORDERS.APP”.
BORDERS.APP takes all useful precautions in view of the current state of technology and the nature of the data processed and stored in order to preserve the security and integrity of this data and, in particular, to prevent it from being altered, lost or accessed by unauthorized third parties.
BORDERS.APP or its service providers keep all data on secure databases that are backed up regularly and that meet the highest standards imposed for the confidentiality and integrity of tax data.
BORDERS.APP may use third party service providers located outside the European Union (e.g. an IT service provider for cybersecurity certification of the Application). These service providers guarantee limited and verified access to personal and/or confidential data by authorized persons only. The server of these partners may be located outside the European Union, as long as data security is preserved.
Where it is responsible for processing personal data, BORDERS.APP is required to collect personal data (i.e. any information, of any nature whatsoever, including of a tax nature, relating to an identified or identifiable individual) directly from the User. These data are recorded in the information systems of BORDERS.APP and/or its sub-contractors.
Adherence to these Terms constitutes express consent by the User to the processing of personal data concerning him/her as described in this article, some of this data being mandatory for the processing of the User’s requests.
The data collected are, in particular, intended to be used to analyse the User’s tax and/or wealth situation.
The personal data collected may only be communicated by BORDERS.APP to authorized thirdparties to the extent strictly necessary for the proper functioning of the Application. These communications may also be intended to ensure the security of computer networks andtransmissions or to meet legal obligations to which BORDERS.APP is subject.
The data collected may also be communicated to third parties (judicial authority or nationalregulator) when required or authorized by law.
The User concerned by such processing has the right to access, rectify and delete personal dataconcerning him/her, as well as the right to request that inaccurate, incomplete or outdated databe rectified, updated or deleted and to oppose, subject to the provision of a legitimate reason,the processing of personal data concerning him/her.
However, this opposition may result in BORDERS.APP being unable to provide the services described herein. These rights may be exercised by contacting the data controller by email at gdpr@BORDERS.APP or by post to the attention of : ID’s Development Sàrl – Direction – 62, Avenue de la Liberté, L- 1930 Luxembourg.
BORDERS.APP ensures the protection of the User’s personal data in compliance with Luxembourg and European legal and regulatory requirements and refers to Regulation 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 in force since 25 May 2018. BORDERS.APP also refers to the amended Act of 30 May 2005 on specific provisions for the protection of individuals with regard to the processing of personal data in the electronic communications sector as amended by the Act of 7 July 2007.
BORDERS.APP requires the User to read the terms of the Privacy Chart carefully and completely to fully understand it; it can be accessed directly by clicking on the following linkhttps://BORDERS.APP/en/data-protection-policy/ .
In accordance with Regulation (EU) N°2016/679, BORDERS.APP undertakes to notify the
National Commission for Data Protection of the Grand Duchy of Luxembourg of the breach within 72 hours following the discovery of a breach of security and privacy of personal data.
BORDERS.APP further undertakes to inform the affected User provided that the incident observed is likely to adversely affect the level of protection of his privacy and data.
BORDERS.APP may contact the User via the Website, the Application, by email and/or by telephone whenever the proper functioning of the Website and/or the Application so justifies, as well as whenever BORDERS.APP needs to establish contact with the User, for any reason whatsoever, insofar as its obligations under these terms and conditions so require.
In order to record registration and acceptance of these Terms and Conditions and future amendments, BORDERS.APP and its IT service providers have a computer system storing this information (identification of persons, principle of acceptance, etc.) in a database.
The User acknowledges that all data communicated by the User (or the members of his/her household in his/her charge) and stored by BORDERS.APP and its IT service providers shall be considered as proof and shall be deemed authentic in its relations with the latter.
The relationship between the User and BORDERS.APP is always governed by the latest Conditions in application on the day the User uses the Website and/or the Application.
BORDERS.APP reserves the right to amend these General Terms and Conditions at any time and to impose new or additional Terms and Conditions concerning the use the Application. Inthe event of a change to these General Terms and Conditions, the User will be notified of this update. However, the User may terminate his Account by email with acknowledgement of receipt within one (1) month from the notification of the modification of the General Terms and Conditions. If the User does not make use of this termination option within the period granted, he is deemed to have accepted the modification of the General Terms and Conditions of Use. The User accepts that BORDERS.APP shall not be liable to the User or any third party for any changes to the Terms and Conditions or the termination the Application.
The nullity of one of the clauses of the present General Terms and Conditions of Use in no way affects the validity of the other clauses of the present General Terms and Conditions of Use.
These General Terms and Conditions of Use are governed by Luxembourg law.
Any dispute concerning them is subject to the exclusive jurisdiction of the Luxembourg courts of and in Luxembourg City.
Luxembourg, 17 November 2021
Published on 19 October 2021
It is important that you carefully read this Privacy Policy together with the General Terms and Conditions of Use before using the Application.
BORDERS.APP invites you to download the Privacy Policy in PDF format before giving your acceptance in order to ensure that you give your express consent freely, without any haste, having read and understood all the terminology used.
The person responsible for processing personal data is ID’s Development Sàrl, a limited liability company established at 62, Avenue de la Liberté, L- 1930 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B (hereinafter “BORDERS.APP” ) and currently represented by its acting Managers.
BORDERS.APP undertakes to do its utmost to protect the privacy of its users.
In the event of total or partial refusal of the provisions of this Privacy Policy, you must not click on “I accept” but inform BORDERS.APP at gdpr@BORDERS.APP of the provisions to which you disagree. A total refusal could make it impossible to perform the services.
As part of the relationship with BORDERS.APP, personal data is collected directly from the
User, enabling BORDERS.APP to carry out the purposes described below.
The personal data requested is presented below and some of it depends on the application used by the User in the context of his relationship with BORDERS.APP.
Only the personal data strictly necessary for the purposes set out below is processed. Within the framework of the services offered by the Application and, depending on the specific situation and choices of the User, the following data may be processed:
identification data (surname, first name, sex, date of birth, nationality, …);
contact data (email address, mobile and/or telephone number, postal address, …);
language used;
mode of introduction (referal, employer, internet, press, …);
data related to the profession (functions carried out, etc.).
Certain sensitive personal data, benefiting from special protection may be processed, such as:
Tax identification number;
Residency place;
Professional work places;
expenses of all identifiable kinds (petrol station tickets, shops, …) ;
conclusive evidence;
bank details (IBAN and BIC number);
VAT number if applicable.
These data are treated with the utmost care.
By providing BORDERS.APP with his/her personal data, the User expressly authorises BORDERS.APP to process (collection, recording, organisation, structuring, conservation, adaptation, modification, extraction, consultation, use, communication by transmission, dissemination or other form of making available, alignment or interconnection, limitation, erasure, destruction) said data for the purpose(s) below.
BORDERS.APP first of all uses the personal information collected to fulfil its contractual obligations towards the User and this, in particular, in order to:
enable the proper execution of the mission for which BORDERS.APP has been mandated;
save the data in the User’s electronic folder;
answer questions, requests for information and/or advice by intermediaries;
ensure the follow-up and management of the User’s file;
allow the transmission of User data to the various service providers according to his requests;
allow the transmission of the User’s connection and navigation data for the purpose of managing his file;
to transmit to the User any electronic communications and invitations;
to anonymise the data in order to use it for statistical purposes.
On the basis of its legitimate interest, BORDERS.APP may process the personal data thus collected in order to:
manage its User base and have a global vision of its Users (e.g. by establishing statistics in order to know who they are and get to know them better, pursue its legitimate development interests, meet their expectations as well as possible, …);
to ensure the proper technical operation of BORDERS.APP’s installations;
to prevent abuse, fraud and offences;
to protect the company’s assets;
to ensure the security of goods and people as well as the company’s computer networks and systems;
to ascertain, exercise, defend and preserve the rights of the company or the persons it may represent, for example in the event of disputes;
to constitute evidence;
ensure the invoicing of services and proper monitoring by BORDERS.APP’s accounting department.
BORDERS.APP does not use the data for profiling purposes or to make automated decisions. Should BORDERS.APP decide to do so in the future, it will inform the User in advance, explaining the logic behind such a decision and the importance and expected consequences of this specific processing.
If the User refuses to provide BORDERS.APP with the data requested as part of the services offered through the applications, BORDERS.APP may be unable to perform the service offered.
Apart from authorized persons, BORDERS.APP does not pass non-anonymised personal data to third parties. However, in order to achieve the purposes detailed above (cf. point 2.1.), BORDERS.APP may be required to communicate certain information to authorized third parties such as:
subcontractors of IT services;
certain authorities and regulators in order to comply with its legal obligations;
lawyers in the event of litigation.
All data entered by the User are transferred exclusively via an encrypted connection. The lock icon in the status bar of the User’s browser enables him to ensure that his data are sent in encrypted form to a server certified and authorized by BORDERS.APP.
BORDERS.APP implements an effective security policy in terms of computer data protection. In order to guarantee optimal security of its Application, this security policy is only accessible under certain conditions.
BORDERS.APP keeps the personal data thus collected for as long as :
necessary for the achievement of the purposes detailed above;
a legal obligation imposes such conservation;
the applicable limitation periods have not elapsed, in order to ensure that it has the necessary information to protect itself from legal action.
As the person concerned, the User has various rights which can be exercised in the following manner.
Right to information: the User may address to BORDERS.APP any questions concerning the registration and processing of his/her data.
Right of access: the User may, at any time, obtain confirmation as to whether or not personal data concerning him/her are being processed and, if so, access to said data as well as a free copy thereof.
Right of rectification: the User may, at any time, by sending a written request to BORDERS.APP, obtain the rectification of any personal data concerning him/her that are inaccurate, bearing in mind that, in principle, only the User has control over data since it is he/she who fills in all the fields (answers to the questions) directly. The User may, in the same way, request that incomplete data be completed.
Right of deletion: the User may, at any time, by sending a written request to BORDERS.APP, obtain the partial or total deletion of his/her personal data, provided that one of the following reasons apply:
Data are no longer necessary for the purposes for which they were collected and processed.
The User has withdrawn the consent on which the processing was based.
The User now objects to the processing and there is no compelling legitimate reason for it.
The data has been processed unlawfully.
The data must be deleted to comply with a legal obligation.
Right to limitation of processing: when the limitation of processing is granted, personal data may only be processed with the consent of the User 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 of public interest.
The User may request the limitation of the processing for one of the following reasons:
He contests the accuracy of the personal data.
In case of unlawful processing.
BORDERS.APP no longer needs the personal data for the purposes of the processing but they are still necessary for the establishment, exercise or defence of legal rights by the User.
The User has objected to the processing (the processing will be limited for the period necessary to verify the existence of legitimate reasons on the part of BORDERS.APP which would prevail over those of the User).
Right of opposition: the User has the right to oppose, at any time and by sending a written request to BORDERS.APP, for reasons relating to the particular situation, the processing of his/her personal data necessary for the legitimate interests pursued by BORDERS.APP.
BORDERS.APP will no longer process such personal data unless it is shown that there are legitimate and compelling reasons for the processing that prevail over the interests of the User and his rights and freedoms, or for the establishment, exercise or defence of legal rights.
Should his personal data be processed for canvassing purposes, the User shall have the right to oppose such processing at any time.
Right of portability: the User has the right, by sending a written request to BORDERS.APP, to receive the personal data concerning him/her that he/she has provided, in a structured, commonly used and machine-readable format, as well as to transmit the data to another data controller without BORDERS.APP being able to prevent this when:
the processing is based on consent or on a contract and that
processing is carried out using automated processes.
Right to withdraw consent: where the processing is based on consent, the User has the right to withdraw his consent at any time by sending a written request to BORDERS.APP at 62, Avenue de la Liberté, L-1930 Luxembourg, or by electronic means to gdpr@BORDERS.APP. Withdrawal of consent shall not affect the lawfulness of the processing based on the consent given prior to its withdrawal.
Right to submit a complaint: BORDERS.APP will use its best efforts to ensure compliance with its legal obligations in terms of data protection and to respond as quickly as possible to any complaint in this respect. In the event that the User is not satisfied with the response received, he/she may submit a complaint to the Data Protection Authority:
National Commission for Data Protection 1, Avenue du Rock’n”Roll L-4361 Esch-sur-Alzette – +352 26 10 60 – 1 http://www.cnpd.public.lu/fr/support/contact.html
Published on 17 November 2021
It is important that you carefully read this Privacy Policy together with the General Terms and Conditions of Use before using the Application.
BORDERS.APP invites you to download the Privacy Policy in PDF format before giving your acceptance in order to ensure that you give your express consent freely, without any haste, having read and understood all the terminology used.
The person responsible for processing Location data is ID’s Development Sàrl, a limited liability company established at 62, Avenue de la Liberté, L-1930 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B (hereinafter “BORDERS.APP”) and currently represented by its acting Managers.
BORDERS.APP undertakes to do its utmost to protect the privacy of its users and the location data it collects.
In the event of total or partial refusal of the provisions of this Privacy Policy, you must not click on “I accept” but inform BORDERS.APP at gdpr@BORDERS.APP of the provisions to which you disagree. A total refusal could make it impossible to perform the services.
As part of the relationship with BORDERS.APP, location data is collected directly from the User, enabling BORDERS.APP to carry out the purposes described below.
The location data requested is presented below and some of it depends on the application used by the User in the context of his relationship with BORDERS.APP.
Only the location data strictly necessary for the purposes set out below is processed. Within the framework of the services offered by the Application and, depending on the specific situation and choices of the User, the following data will be processed:
geographic positions of the User based on Google Map’API
Those data are treated with the utmost care.
By providing BORDERS.APP with his/her location data, the User expressly authorises BORDERS.APP to process (collection, recording, organisation, structuring, conservation, adaptation, modification, extraction, consultation, use, communication by transmission, dissemination or other form of making available, alignment or interconnection, limitation, erasure, destruction) said data for the purpose(s) below.
BORDERS.APP first of all uses the location information collected to fulfil its contractual obligations towards the User and this, in particular, in order to:
enable the proper execution of the mission for which BORDERS.APP has been mandated;
save the data in the User’s electronic folder;
allow the transmission of User data to the various service providers according to his requests;
allow the transmission of the User’s connection and navigation data for the purpose of managing his file;
to transmit to the User any electronic communications and invitations;
to anonymise the data in order to use it for statistical purposes.
On the basis of its legitimate interest, BORDERS.APP may process the location data collected in order to:
manage its User base and have a global vision of its Users (e.g. by establishing statistics in order to know who they are and get to know them better, pursue its legitimate development interests, meet their expectations as well as possible, …);
to ensure the proper technical operation of BORDERS.APP’s installations;
to prevent abuse, fraud and offences;
to constitute evidence,
2.2. Does BORDERS.APP use the location data collected to make automated decisions?
BORDERS.APP does not use the data for profiling purposes or to make automated decisions. Should BORDERS.APP decide to do so in the future, it will inform the User in advance, explaining the logic behind such a decision and the importance and expected consequences of this specific processing.
If the User refuses to provide BORDERS.APP with the data requested as part of the services offered through the applications, BORDERS.APP may be unable to perform the services offered.
Apart from authorized persons, BORDERS.APP does not pass non-anonymised location data to third parties. However, in order to achieve the purposes detailed above (cf. point 2.1.), BORDERS.APP may be required to communicate certain information to authorized third parties such as:
subcontractors of IT services;
certain authorities and regulators in order to comply with its legal obligations;
lawyers in the event of litigation.
4.2. How are location data transferred and secured?
All data entered by the User are transferred exclusively via an encrypted connection. The lock icon in the status bar of the User’s browser enables him to ensure that his data are sent in encrypted form to a server certified and authorized by BORDERS.APP.
BORDERS.APP implements an effective security policy in terms of computer data protection. In order to guarantee optimal security of its Application, this security policy is only accessible under certain conditions.
BORDERS.APP keeps the personal data thus collected for as long as :
necessary for the achievement of the purposes detailed above;
a legal obligation imposes such conservation;
the applicable limitation periods have not elapsed, in order to ensure that it has the necessary information to protect itself from legal action.
As the person concerned, the User has various rights which can be exercised in the following manner.
Right to information: the User may address to BORDERS.APP any questions concerning the registration and processing of his/her data.
Right of access: the User may, at any time, obtain confirmation as to whether or not personal data concerning him/her are being processed and, if so, access to said data as well as a free copy thereof.
Right of deletion: the User may, at any time, by sending a written request to BORDERS.APP, obtain the partial or total deletion of his/her location data, provided that one of the following reasons apply:
Data are no longer necessary for the purposes for which they were collected and processed.
The User has withdrawn the consent on which the processing was based.
The User now objects to the processing and there is no compelling legitimate reason for it.
The data has been processed unlawfully.
The data must be deleted to comply with a legal obligation.
Right of opposition: the User has the right to oppose, at any time and by sending a written request to BORDERS.APP, for reasons relating to the particular situation, the processing of his/her location data necessary for the legitimate interests pursued by BORDERS.APP.
BORDERS.APP will no longer process such location data unless it is shown that there are legitimate and compelling reasons for the processing that prevail over the interests of the User and his rights and freedoms, or for the establishment, exercise or defence of legal rights.
Should his location data be processed for canvassing purposes, the User shall have the right to oppose such processing at any time.
Right to withdraw consent: where the processing is based on consent, the User has the right to withdraw his consent at any time by sending a written request to BORDERS.APP at 62, Avenue de la Liberté, L-1930 Luxembourg, or by electronic means to gdpr@BORDERS.APP. Withdrawal of consent shall not affect the lawfulness of the processing based on the consent given prior to its withdrawal. Copyright 2021 © All rights Reserved. Design by ID’s Development Sàrl. 62, Avenue de la Liberté, L – 1930 Luxembourg