The government of the Grand Duchy of Luxembourg has developed a mobile app for alerting the population by smartphone, called ' GouvAlert.lu '. The app is available free of charge via Apple Store and Google Play; its purpose is two-fold:
- firstly, it enables the 112 service (Grand Ducal Fire and Rescue Corps) to broadcast alerts about major incidents. Users can also use the app to contact the emergency number 112 directly. The call generated by the app can then be geolocalised automatically by the 112 service, enabling the rescue services to locate the caller and take action as quickly and precisely as possible;
- secondly, it allows users to be alerted by a notification on their smartphone in the event of an emergency or crisis situation that affects public safety.
The app supplements the alert system operated by the Luxembourg authorities and forms part of a general approach for increasing public awareness and understanding of risks and protective measures.
As a preventive measure, information on appropriate behaviour to adopt and the various emergency response plans are also available via the app when there is no current alert.
These terms and conditions (hereinafter referred to as Ts&Cs) set out the rules for use of the mobile application ('app') GouvAlert.lu.
GouvAlert.lu is operated by the State of Luxembourg (hereinafter referred to as 'the State'). It is published by the Centre des technologies de l'information de l'Etat (Government IT Centre – hereinafter referred to as 'CTIE'), located at 1 rue Mercier, Luxembourg.
By installing and/or using the application GouvAlert.lu on their mobile phone, 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' 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 GouvAlert.lu to a mobile phone.
The term 'application' (or 'app') refers to the software application GouvAlert.lu, which can be downloaded from the 'Apple Store' and 'Google Play Store' platforms for installation on compatible mobile phones. The application was designed to run on mobile phone operating systems.
The app comprises 'content' and 'services':
- 'content' refers to texts providing information about what to do in the event of minor or major emergencies, the graphic chart, logos, images and illustrations;
- 'services' are the following functions and features included in the app:
- 'notification': alert message sent to the user on their compatible mobile phone using 'push notification' technologies;
- '112 call': a telephone call to the Luxembourg Central des Secours d’Urgence (Emergency Services Centre, hereinafter referred to as 'CSU 112'), with transmission of the GPS geographic location (hereinafter 'geolocation') of the user's mobile phone.
Article 2: PURPOSE OF THE APPLICATION
The State has developed the mobile app, GouvAlert.lu, to broadcast alerts to the population. The application can be downloaded from the Apple Store and Google Play platforms.
The free app enables:
- CSU 112 to broadcast alerts about major incidents;
- users to receive alerts about emergency situations which could impact public safety, or a crisis as defined by the law of 23 July 2016 setting up the High Commission for National Protection (Haut-Commissariat à la Protection nationale - HCPN);
- users to contact the emergency number 112 directly through the app. Such calls will be automatically geolocated by CSU 112, enabling the emergency services to locate the call and respond as quickly and accurately as possible;
The app supplements the Luxembourg authorities' existing alert system, and is part of an overarching effort to raise public awareness of and familiarise the population with risk situations, and how best to protect themselves.
For preventive purposes, the content – i.e., information on what to do in case of emergencies, and on various emergency action plans – can also be accessed through the app, regardless of whether it is being used for emergency alert broadcasts.
The State may, at any time and without notice to the user, alter or update the purpose of the application.
Article 3: NOTIFICATIONS
By installing the app on their mobile phone and accepting these Ts&Cs, the user agrees to receive information and messages as push notifications on their compatible mobile phone.
These messages and information are provided for informational purposes only, and under no circumstances may the Luxembourg Government be held liable as a result.
Furthermore, it is impossible to guarantee with 100% certainty that all users will receive the alerts, or that they will receive all alerts, at all times.
Article 4: HARDWARE NEEDED TO USE THE APPLICATION
To access and use the app, the user must have:
- a compatible mobile phone:
- either an Apple® iPhone® running iOS 8 or later;
- or a mobile phone running Android® OS 4.1 or later;
- internet access;
- a customer account on 'Apple Store' or 'Google Play Store'.
The app cannot be downloaded and run on a tablet.
Article 5: 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 entitled to no indemnification.
Article 6: FINANCIAL CONDITIONS
The app can be downloaded for free from Apple Store or Google Play Store.
The user alone is responsible for acquiring the equipment and hardware necessary to access and use the app. Similarly, the user is responsible for any telecommunication costs incurred for access to and use of the application.
Article 7: 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 application, 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 application and its services.
Users expressly undertake to refrain from using the application in such a way that may infringe the rights of the State 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 GouvAlert.lu, may be represented, reproduced, exploited or extracted, either in part or in full, on any medium whatsoever, without the express, written authorisation of the Ministry of the Civil Service and Administrative Reform (Ministère de la Fonction publique et de la Réforme administrative).
Article 8: USAGE LICENCE
The State grants users a free licence to use GouvAlert.lu, limited strictly to personal use. As such, users shall refrain from using the app for business purposes.
The licence is non-exclusive, non-transferable, and may be revoked at any time.
Article 9: LIMITATION OF LIABILITY
The State cannot guarantee with 100% certainty that all information and other data available in the app – whether provided by the State, CSU 112 or any other person or organisation – will be accurate and complete, especially as such information pertains to current affairs and is subject to regular updates and enrichment.
Similarly, the State may not be held liable if access to the application 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 State may temporarily or permanently suspend access to the app and to any connected services, without indemnification.
The State accepts no liability for any direct or indirect damage occurring in connection with changes or modifications made to the app.
The State may not be held liable for the presence of viruses in the application or for the communication of incorrect data relating to the geographical location of the user's mobile phone.
The State is not responsible for the content of any websites that can be reached through hyperlinks in the application.
The user alone is responsible for updating the app to its latest versions. The State assumes no responsibility in this regard.
The State may not be held liable if the application is inaccessible for whatever reason.
The State may not be held liable if, for whatever reason, the internet connection is interrupted.
The State may not be held liable for any omissions and/or errors the app may contain.
The State may not be held liable for:
- damage of any sort, whether direct or indirect, resulting from the use of or inability to use the application, 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 State accepts no responsibility in case of incorrect use of the terminal and/or of any accident relating to the use of the terminal while using the app. Under no circumstances may the State be held liable for any damage of any sort, 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 application's operating system, for which the State may not be held liable, and in particular, recognises that:
- they use the app at their own risk;
- the app is provided 'as is', subject to its availability;
- they are responsible for protecting their own data and/or software stored on their mobile phone, and for taking all appropriate measures to protect them against any damage (malfunction, virus, hacking, etc.);
- given the technical performances of mobile internet, responding to, viewing, requesting or transferring the information require processing time.
Article 10: PROTECTION OF DATA COMMUNICATED BY THE USER
The personal data communicated directly or indirectly by the user are processed in accordance with EU Regulation 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 also in accordance with the law of 1 August 2018 on the organisation of the National Commission for Data Protection (Commission nationale pour la protection des données – CNPD) and implementing EU Regulation 2016/679, cited above.
Personal data is only ever collected, exported from the mobile phone, and processed via the app when the '112 call' service is used. Users consent to the fact that some of their data – specifically, their telephone number, a unique identifier of their mobile phone, their geolocation data, and the date and time of the call – will be passed to CSU 112 so that the emergency services can find the caller's location and, where applicable, take action as quickly and accurately as possible.
Additionally, for information purposes, when receiving certain alerts, the app may use the mobile phone's geolocation data to determine (though with no absolute guarantee) whether the user is within a high-risk area of Luxembourg. This processing is done on the mobile phone only, and the user's data is neither collected nor exported outside of the mobile phone.
The data controller is the 'Corps grand-ducal d'incendie et de secours' (Grand Ducal Fire and Rescue Corps), a publicly administered establishment, of which CSU 112 is part, in accordance with the law of 27 March 2018 on the organisation of civil security and the creation of a Grand Ducal Fire and Rescue Corps.
The CTIE is its subcontractor in charge of the development, maintenance and rollout of the app, and of hosting the personal data.
The CTIE takes various technical and organisational security measures to ensure an appropriate level of confidentiality, integrity, availability and resilience of the services provided through the app, and to protect users' rights and freedoms in keeping with industry standards.
The data will only be processed for the purpose of allowing the user to benefit from the application's '112 call' service. However, it may be processed for historical, statistical or scientific purposes and, on request, may be made available to the judicial authorities.
Only authorised users may access the personal data, and only for legitimate reasons.
Unless otherwise stipulated by these Ts&Cs, the user's data is stored in Luxembourg.
The user's personal data will be kept for a period of 6 months.
The user has the right to access, rectification and erasure of data concerning them. They should contact the data controller in order to exercise these rights.
Users also have the right to restrict processing of their personal data, to object to its use, to withdraw their consent, and the right to data portability. These rights can be exercised by contacting the data controller directly.
Users can send their requests by post, to the following address:
Corps grand-ducal d'incendie et de secours,
1, rue Stümper,
Users may address claims pertaining to protection of their personal data to the data controller's Data Protection Officer. The DPO's contact details can be found on the 'Aspects légaux' page of the data controller's website, i.e. '112.public.lu'.
In addition, users may refer to the National Commission for Data Protection in relation to any dispute arising in this area.
Article 11: CHANGES TO THE GENERAL TERMS AND CONDITIONS OF USE
The State 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 State 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 State will notify users of any modifications to the Ts&Cs simply by publishing them online.
Article 12: APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These Ts&Cs are subject to Luxembourg law.
Any dispute or disagreement arising in connection with the application or interpretation of these Ts&Cs, and which has not been amicably settled, shall be subject to the jurisdiction of the Luxembourg courts.