General terms of use
Discover the rules for using the Edonys website and worlds
General information
VIREO S.à r.l, a limited liability company under Luxembourg law, trading under the name Edonys, established and having its registered office at 4, Rue Jean-Pierre Brasseur, L-1258 Luxembourg-Ville (Grand Duchy of Luxembourg), registered with the Luxembourg Trade and Companies Register under number B.222.152 (the “Service Provider“) informs you that it is important that you read these Terms and Conditions of Use carefully before using the Application Module Package to which you have access, either because you have subscribed to a Licence Plan with the Service Provider or because you have access through a client of the Service Provider (the “Application Module Package“).
The Application Module Package includes access to one or more Software, Applications and/or Application Modules according to the Licence Plan subscribed to. By using the Website, the Platform and/or the Application Module Package, you freely give your express consent, without any haste whatsoever, having read and understood all the terms used, to all the provisions of these Conditions.
If you use the Application Module Package, the Website and/or the Platform in any way whatsoever, you undertake to comply with the terms of these Terms and Conditions of Use, which constitute a Contract between the Service Provider and yourself.
If you do not accept all or part of the provisions of these Terms and Conditions, you must not click on “I accept” but inform the Service Provider at info@edonys.tech of the provisions with which you disagree.
A total refusal could make it impossible to execute the Licence Plan. The https://edonys.tech website (the “Website“) and the secure portals https://my.vireo.lu and https://joybiiz.edonys.tech (together the “Platform“) are put online by the Service Provider.
This document is drawn up in French and may be translated into other languages. In the event of any discrepancy or contradiction between the French version and its translation, the provisions of the French version shall prevail.
Article 1. Purpose of these Conditions
1.1. Under these Terms and Conditions of Use, the Service Provider makes the Website, the Platform and the Application Module Package available to natural persons (the “Users”) who may be :
–> Visitors to the Website and Users of services complementary to the Platform (including the Software, Applications and Application Modules) of the Service Provider whose use does not require the creation of a secure personal account ;
–> Users who access the Service Provider’s Application Module Package free of charge (testers, guests, etc.) ;
–> Users who subscribe to a Licence Plan directly by themselves ;
–> Users who benefit from access to the Application Module Package through a subscription made by one of the Service Provider’s customers.
1.2. Users may indirectly use the Application Module Package and the Website on behalf of third parties such as dependants in their household, prospective customers or clients. They undertake and declare that they have obtained the agreement of these persons prior to encoding their data for any use.
1.3. Depending on the subscription made by the User or his/her representatives, the Software, Applications and/or Application Modules to which Users may have access are :
–> the Website, which enables Users to consult various information relating to the Service Provider and the Software, Applications and/or Application Modules it offers ;
–> the Platform for accessing the Service Provider’s Application Module Package ;
–> Human assistance provided by the Service Provider’s helpdesk team ;
–> Various training and information sessions ;
–> Contacts (requiring prior consent) with partners such as traders, tax specialists, financial analysts, brokers or asset managers.
1.4. More specifically, the Service Provider’s Application Module Package is presented in the form of “worlds“: PayWorld – TaxWorld – JoyWorld – TechWorld. The User may consult all the information required on these worlds on the Website www.edonys.tech and pages specific to each world.
To summarise, the worlds can be described as follows.
1.5. PayWorld
–> A compensation simulator enabling the User to construct an ideal salary package ;
–> A compensation package configurator enabling the User to define, manage and order the package for his company and each of his employees ;
–> A management area for creating entities, departments, teams and employees ;
–> A compensation calculator enabling the User to manage the remuneration of a company’s employees and collaborators ;
–> A deferred compensation manager enabling the User to calculate and allocate bonuses to a company’s employees or collaborators, while generating the required legal and internal reports.
1.6. TaxWorld
–> A tax assistant (myTax) enabling the User to generate a Luxembourg tax return (or annual statement) by answering a few simple questions ;
–> A tax simulator enabling Users to calculate their household tax burden and compare it with any potential changes in their situation ;
–> A needs analysis (myNeed) that allows users to define their financial or insurance needs and generate any contractual documents ;
–> A management area for creating and managing Processes on behalf of third parties (customers, etc.).
1.7. JoyWorld
–> A cashback application (Joybiiz) enabling the User to receive or offer advantages and to use JoyMeals meal vouchers and JoyGifts gift vouchers ;
–> A management space enabling the User of a merchant client to monitor his transactions and, if his clients have given their prior consent, to monitor their consumer profile.
1.8. TechWorld
–> A monitoring area enabling Users to manage their development project.
1.9. Further details
All of these worlds are accessible via a connection to a highly secure area dedicated to the User.
As this information concerns personal, financial and/or tax information, it is of a strictly confidential nature, to which the Service Provider accords special security, as explained in its Data Protection Policy.
Article 2. Access to the Platform and the Application Module Package
User account
2.1. Prior to any encoding of personal data, apart from the contact request forms on the Website, the User must register on the Platform (and create a personal space) (hereinafter referred to as the “Account“).
2.2. The User is solely responsible for maintaining the confidentiality and security of his/her Account and of all activities linked to it directly or via it.
2.3. The User undertakes to notify the Service Provider immediately of any breach of the security of his/her Account. The User expressly acknowledges and accepts that the Website and/or Platform are designed and intended for restricted personal and/or professional use. Accordingly, the User shall refrain from sharing his/her Account information (including access codes) with any person other than his/her spouse/partner, if any. Subject to having exercised reasonable skill and diligence, the Service Provider may not be held liable for the disclosure of confidential information or losses resulting from unauthorised use of the User’s Account and failure to comply with these rules of use.
2.4. In order to use the Platform and the Application Module Package, the User must enter his/her login 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. If the User fails to provide accurate, current and complete registration data, the Service Provider reserves the right to suspend or terminate the User’s Account and to inform, where appropriate, the Company/Employer (or its representative) if it is the Company/Employer that has subscribed to the Licence Plan for the benefit of its Employee. The User agrees that the Service Provider may store and use the registration data for the Website and/or Platform that the User provides. Details of data storage can be found in the Provider’s Data Protection Policy.
2.5. Users have the right to access, rectify, modify and delete data concerning them personally. These rights may be exercised in accordance with the provisions of the Service Provider’s Data Protection Policy.
Connection
2.6. Any User may connect to the Website free of charge in order to consult the information published.
2.7. Any User may connect to the Platform in order to use the Application Module Package provided that they have access rights (via a subscription or an invitation).
2.8. The User is hereby informed that the Website and/or the Platform are accessible in SAAS (software as a service) mode and that access is carried out on his/her equipment, whether personal or made available by his/her Employer or its representative (computer, digital tablet, smartphone, etc.), on his/her own Internet access network (or that of the Employer/its representative, where applicable) compatible with the Website and/or the Platform and under his/her own responsibility. Telecommunication costs incurred in accessing the Website and/or the Platform are the responsibility of the User (or his/her Employer/representative where applicable), as are any communication costs incurred by their use.
2.9. The User acknowledges and accepts that it is his/her responsibility to ensure that the Website and/or the Platform function properly.
2.10.When the User uses his/her professional e-mail address to access the Platform to benefit from the Application Module Package as an employee benefit, the Employer or the User’s representative has no access to his/her personal data.
Restrictions on use
2.11. The User agrees to use the Website and/or the Platform solely for the purposes authorised by these General Terms and Conditions of Use and in accordance with applicable laws and regulations or generally accepted practices.
2.12. If the User’s use of the Web Site and/or the Platform, or any other conduct of the User, intentionally or unintentionally threatens the Service Provider’s ability to maintain the Web Site, the Platform and the confidentiality of the information attached thereto or any other system, the Service Provider may take all reasonable steps to protect the Web Site, the Platform and/or to preserve the confidential information stored, including the immediate suspension or termination of the User’s right of access to the Web Site and/or the Platform.
Availability of the Website and Platform
2.13. The Website, Platform or any feature or part thereof may not be available in all countries. The Service Provider does not warrant that the Website, Platform or any feature or part thereof is appropriate or available in all locations. The User chooses to access and use the Website and/or the Platform on its own initiative and is therefore responsible for acting in accordance with any applicable law.
2.14. With regard to TaxWorld in particular, as an annual update is necessary in order to adapt the content to new tax laws, regulations and interpretations in force, the myTax digital tax assistant may not be available during the first few months of the year in order to guarantee optimal quality.
Cookies
2.15. The Service Provider wishes to inform the User in a clear and transparent manner about the use of cookies when browsing the Website and/or the Platform.
2.16. A cookie is a small text file stored on the hard disk of the User’s terminal (computer, tablet, mobile phone) by the User’s browser software when consulting the Website and/or the Platform.
2.17. This means that a cookie is sent to the Service Provider each time the User opens a page on the Website or Platform from their computer, tablet or mobile device. Cookies stored by the Service Provider or by third parties when the User visits the Website and/or Platform do not personally recognise the User as an individual, but only recognise the device the User is using. Cookies do not store any sensitive personal data but simply provide information about the User’s browsing so that his/her terminal can be recognised at a later date.
2.18. Cookies do not cause any damage to the User’s device but make it easier, for example, to find his/her preferences, pre-fill certain fields and adapt the content of the Service Provider’s Software, Applications and/or Application Modules.
2.19. The Service Provider may under no circumstances be held liable for any damage whatsoever resulting from or originating from cookies on the User’s device.
2.20. Only the User chooses whether he/she wishes to have cookies saved on his/her device and the User can easily control the saving of cookies. Refusal to accept cookies will prevent the User from freely consulting the Website and/or the Platform.
2.21. For further information, the User is invited to read the Service Provider’s Cookie Management Policy.
No transfer of rights
2.22.Nothing in these General Terms and Conditions of Use shall have the effect of conferring on the User any interest, title or licence in respect of any Software, Application, Application Module, identifier of the Website, Platform, domain name, e-mail address, service or similar resource used by the User in connection with the Website and/or Platform.
Article 3. Obligations of the User
3.1. Access to the Website and/or the Platform and the consultation and use of the information and the Application Module Package contained therein, as well as any interpretation that may be made thereof, are carried out under the sole responsibility of the User, who undertakes to make strictly personal and non-commercial use thereof and not to use it for any third party who is not part of his/her tax household.
3.2. If the User uses the Application Module Package through his Company, he undertakes to use it strictly for professional purposes in accordance with the Service Agreement signed between the Service Provider and the Company.
3.3. In particular, the User undertakes not to undermine or attempt to undermine the integrity or security of the Website and/or the Platform. To this end, the User undertakes, in particular, to comply scrupulously with the following rules :
–> Not to upload, post or transmit in any way whatsoever any content likely to harm the integrity or confidentiality of the systems and data of the Service Provider, other Users or third-party service providers ;
–> Not to extract data from the Website and/or Platform for unauthorised re-use ;
–> Not to copy, modify, in particular by decompiling, merging into another software program or determining, the source code, algorithms, structure or underlying organisation of the Website and/or Platform ;
–> If there is any doubt about the information provided or the reports drawn up by the Software, Applications and/or Application Modules, inform the Service Provider of the origin and content of the doubtful information/report.
3.4. Furthermore, the User must take all necessary measures to back up by his own means the information he deems necessary from his Account since the Service Provider will not provide him with any automatic copy, in particular upon termination at his initiative, that of his Employer or that of the Service Provider or for any other reason.
3.5. The User is responsible for the proper functioning of his/her computer equipment (computer, tablet, telephone, modem, etc.) and Internet access used to access the Website and/or the Platform. They must also ensure that the devices and browsers they use to access the Website and/or the Platform are up to date.
3.6. The User must not act or refrain from acting on the basis of any matter or feature contained in the Website and/or the Platform without considering taking appropriate advice in relation to its own particular situation and need.
User obligations specific to payment services
3.7. To access certain Software, Applications and/or Application Modules, the User may be required to make an online payment via the Website and/or the Platform. The User undertakes to use the payment services provided by the Service Provider in compliance with the rules, laws and precautions of use in force.
3.8. The User undertakes to notify the Service Provider as soon as possible in the event of any difficulty encountered in placing or confirming an order.
User obligations specific to TaxWorld and myTax
3.9. The myTax Software is an educational tool to assist Users in completing their tax return/annual tax statement (hereinafter referred to as the “Digital Tax Assistant” or “myTax“), enabling Users to assert their rights and also to assist them in fulfilling their duties and obligations with regard to the Direct Tax Administration (ACD). In the event of possible or compulsory taxation, the Digital Tax Assistant generates a report for the User containing a detailed explanation and all the forms (and any appendices) duly completed so that the User can provide all the useful information to the Tax Authorities with a view to taxation. The User may at any time ask the Service Provider for any form(s) not recommended by myTax. The User retains the right to modify all forms generated by myTax at their own discretion.
3.10. In the event that the User and/or a member of his/her tax household receives a tax return showing a result different from the result presented by the Digital Tax Assistant, the User must notify the Service Provider within two (2) months of the tax return being drawn up by the Administration if he/she wishes to call upon the Service Provider’s Assistance to determine the origin of this difference and initiate a rectification procedure. The Service Provider may under no circumstances be held responsible for providing this Assistance if this two (2) month period is not respected by the User.
3.11. It is the User’s duty to read all the recommendations made by myTax (introductory page, recommendations, tooltips, etc.) and must take the utmost care to correctly answer any questions asked during use.
3.12. The Digital Tax Assistant is not intended to provide legal, tax or financial advice. The Service Provider is not a financial planner or tax advisor. The only purpose of the Digital Tax Assistant is to assist the User in preparing a tax return by asking them a series of questions relating to their tax household and financial situation. The User is free to decide whether or not to follow the personalised tax report generated by myTax.
3.13. Users should be aware that the information they access is provided “as is” without any express or implied warranty from the Service Provider.
User obligations specific to JoyWorld and Joybiiz
3.14. The Joybiiz Software enables the User to spend a budget of JoyMeals meal vouchers and/or JoyGifts gift vouchers. It is the responsibility of the User to use its JoyMeals in accordance with the provisions of the Luxembourg regulations in force and its JoyGifts in accordance with the Luxembourg charter in force. The Service Provider cannot be held liable for any improper use of a JoyMeals and/or JoyGifts budget.
3.15. The Administrator of an Employer making a Wallet Reload is responsible for verifying the amount paid to Employees and for verifying the list of Beneficiary Employees.
3.16. To benefit from a refund in the form of Cashback or to receive any loyalty gain, the Beneficiary must synchronise with Joybiiz the bank account(s) used to carry out the eligible transactions. In accordance with the provisions of the European Directive 2015/2366 known as the Payment Services Directive PSD II, this synchronisation is secure, recurring and carried out via a bank account information service provider (AISP) under the supervision of the relevant national authority, in this case the Luxembourg Financial Sector Supervisory Commission (CSSF).
Article 4. Obligations of the Service Provider
4.1. The Service Provider shall use all reasonable endeavours to ensure continuity of access to the Website and/or Platform and to enable the User to make optimum use thereof. The Service Provider’s commitment is simply an obligation of means.
4.2. The Service Provider shall ensure that its Software, Applications and Application Modules are constantly updated, doing its utmost to offer the highest degree of relevance and reliability in its field.
4.3. As part of its collaboration with its professional customers (employers, trustees, etc.), the User may benefit from the services of partners such as wealth advisors, tax specialists, retailers, etc. The Service Provider is not financially linked to these services and wishes to maintain its independence in relation to the advice offered.
4.4. The Service Provider also reserves the right to suspend access to its Website and/or Platform at any time in order to carry out maintenance and upgrades, to maintain and upgrade equipment, or to update content, within a period of time determined by the Service Provider in order to maintain optimum reliability.
4.5. The Service Provider may place hypertext links online which may direct Users to websites published and managed by authorised third parties. The Service Provider does not control or monitor these third parties. The Service Provider cannot be held responsible for the content and services made available on these third-party sites, nor for any problems with the security or integrity of the User’s data, hardware and software, nor for any consequences or damage that may result from the use of these applications and/or third-party sites.
Obligations of the Service Provider specific to TaxWorld
4.6. The myTax Digital Tax Wizard suggests to the User, by default, the method(s) of taxation that he/she and/or his/her tax household considers to be the most favourable. If the User (or his/her tax household) wishes or should have been taxed in a different way, the Service Provider can provide the User with the desired form(s) by 31 December of the current tax year at the latest and, in any event, within a maximum of two (2) months following the date on which the tax form was issued by the Direct Tax Department.
4.7. In order to best assist the User, the Service Provider may choose to provide the User with Assistance in order to respond to any technical problems encountered during its use. In the event that a User benefits from the Service Provider’s Assistance for tax monitoring in the event that they receive a tax return showing a result different from the result presented by myTax, they must notify the Service Provider within two (2) months of the tax return being drawn up by the Direct Tax Authorities if they wish to call upon the Service Provider to determine the origin of this difference and initiate a rectification procedure. The Service Provider may not under any circumstances be required to provide this tax follow-up service and may not in any event do so if the User fails to comply with the two (2) month time limit.
4.8. If, despite all the care taken, a particular situation has not been taken into account by myTax, the Service Provider will do everything in its power to ensure that a corrective measure is implemented as soon as possible and to inform the User as soon as the corrective measure has been implemented.
4.9. The Service Provider is in no way responsible for the way in which the User uses the Software provided.
4.10. To carry out its mission, the Service Provider sets up :
–> A steering committee to approve any tax updates to myTax ;
–> Regular tests to verify the accuracy of the results (tax calculations + forms) displayed by myTax.
Obligations of the Service Provider specific to JoyWorld and Joybiiz
4.11. The automatic update of Beneficiary transactions and the Joybiiz dashboard is dependent on transaction information transmitted by the Bank Account Information Service Provider (AISP), in accordance with the provisions of the European PSD II Directive. The Service Provider will automatically update the transaction history and the dashboard as soon as this information is received.
4.12. The Service Provider will automatically update the Digital Wallets containing the Cashback and loyalty gains obtained by the Beneficiary as soon as the amounts due from the Merchant are received.
4.13. The Provider and its AISP service provider comply with the provisions of the European PSD II Directive. The Service Provider may only access the User’s data for the purposes described in these General Terms and Conditions of Use, which include (but are not limited to): (i) the detection of a transaction eligible for any reimbursement in the form of Cashback or in the form of other loyalty gain(s), (ii) the reimbursement of an eligible transaction in accordance with the legal provisions in force and the instructions received by the User and (iii) the transmission (in the event of the User’s prior agreement) of his/her consumption data to the Merchant at which he/she has made at least one expenditure.
Article 5. Deletion of the User's Account
At the User’s initiative
5.1. Users may request that their Account be deleted or stop using the Website and/or Platform at any time. To delete his/her Account, the User must send a request by post to the Service Provider :
–> By post to 4 Rue Jean-Pierre Brasseur, L-1258 Luxembourg ;
–> Or electronically to gdpr@edonys.tech.
5.2. The Service Provider will not be able to provide the User with the necessary Assistance in the event of a tax review and/or follow-up (specific to TaxWorld) :
–> For any session deleted at the User’s request. In this case, please note that deleting a session is an irreversible process ;
–> For all sessions if the User has requested deletion of his/her Account. In this case, it should be specified that the User will no longer have access to the Platform via this identifier. This operation is irreversible.
5.3. In all other cases, the User is informed that his/her data is kept and secured by the Service Provider for a period of five (5) years following the year of use (Y+5) in order to ensure that the User and the Service Provider are able to respond to any retroactive request for tax follow-up or tax audit from a competent authority when required or authorised by law.
5.4. Once the five (5) year tax limitation period for drawing up the tax form has expired, the User is informed by the Service Provider that the data exceeding the five (5) year retention period will be deleted. This information will be sent to the User by e-mail thirty (30) days before the start of year Y+6 and the User will be able to download the information that has expired. After this period, the Service Provider will not be able to monitor taxation or answer any tax questions the User may have.
At the Service Provider’s initiative
5.5. The Provider may at any time, without notice, immediately delete or suspend all or part of the User’s Account or access to the Website and/or the Platform in the event of unexpected technical or security problems which, in particular, endanger the security of confidential information relating to the User. Such removal or suspension will be carried out by the Service Provider at its sole discretion and the Service Provider will not be liable to any person for any damages that may result from such removal or suspension.
Article 6. Confidentiality
6.1. The Service Provider undertakes to respect the strictest confidentiality of information relating to the User throughout the existence of the User’s account on the Website and/or the Platform, including during the potential data retention period once the User’s Account has been deleted.
6.2. In particular, with regard to confidential information (the “Confidential Information“), as defined below, subject to Article 9 of these General Terms and Conditions of Use, the Service Provider undertakes :
–> Not to use the Confidential Information for any purpose other than the performance of these Terms and Conditions or the performance of the Agreement signed between the Service Provider and the User’s Employer / Representative ;
–> Not to communicate them to authorised intermediaries (legal service providers, financial advisors, etc.), in any manner whatsoever, without the prior written consent of the User concerned ;
–> Maintain confidentiality by applying provisions similar to those it normally uses to protect its own confidential information ;
–> Ensure that subcontractors (an IT service provider, for example) with whom it may be called upon to collaborate comply with the same constraints.
6.3. Confidential Information within the meaning of these terms and conditions is understood to mean all information of any nature whatsoever and in any form whatsoever which may be communicated by one of the Parties to the other, or of which one of the Parties may become aware in the context of the performance of these terms and conditions (including sessions of use), whether or not this information relates to its subject matter, and whether or not it is the property of the other Party.
6.4. Notwithstanding the above provisions, the Service Provider may access Confidential Information for the sole purpose of properly providing its services, namely :
–> For Assistance and helpdesk purposes ;
–> For the purposes of performing, maintaining, improving or verifying the results (technical, fiscal, financial, legal) presented by the Platform in order to guarantee the reliability of the Software, Applications and Application Modules ;
–> For the purposes of anonymised statistics and consolidated measurements.
6.5. The Service Provider may allow access to Confidential Information to authorised third parties, in particular sub-contractors offering IT services, provided that such access is essential for the implementation and/or maintenance of the Software, Applications and Application Modules.
6.6. In all cases, the Service Provider undertakes to process and record access to Confidential Information in accordance with the provisions of the GDPR, Regulation 2016/679, known as the General Data Protection Regulation, which is the reference text for the protection of personal data within the European Union.
6.7. Confidential Information (non-anonymised personal data) may not be communicated to unauthorised third parties for commercial purposes or for any use not authorised hereunder.
6.8. Users are reminded that the secrecy of correspondence (private correspondence being defined as any message exclusively intended for one or more natural or legal persons, determined and individualised by means of an e-mail exchanged between two or more correspondents using a messaging service) is not fully guaranteed on the Internet and that it is up to each User of the Website and/or Platform to take all appropriate measures to protect their own data.
Article 7. Intellectual property rights
7.1. The Service Provider and/or its authors are the owners of the Website and the Platform (presentation and content, including but not limited to the source code of the Website and the Platform, fixed or automatically generated pages, photos, drawings, illustrations, sounds, videos, names, trademarks, logos, databases, Software, Applications, Application Modules, algorithms, etc.).
7.2. 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.
7.3. Subject expressly to the relevant legal provisions and/or the prior written authorisation of the Service Provider, any copy, representation, broadcast or rebroadcast, 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 Website, Platform, Software, Application and/or Application Module, on any medium or by any process whatsoever, shall constitute an infringement liable to give rise to civil and criminal liability on the part of the infringer.
7.4. Any content reproduced and/or disseminated by virtue of a legal provision or prior written authorisation from the Service Provider must include all references relating to copyright, other legends and information on registered trademarks appearing on the original, as well as the source, quoting the Internet address (URL) of the page and the words “© Edonys – a brand of VIREO S.à r.l.”.
Article 8. Personal data
8.1. When it is responsible for processing personal data, the Service Provider may collect personal data directly from the User (i.e. any information, of any nature whatsoever, including fiscal information, relating to an identified or identifiable natural person). This data is recorded in the information systems of the Service Provider and/or its subcontractors.
8.2. Electronic data in the form of files may also be collected and/or stored on the User’s computer system for the purposes of managing the User’s connection and browsing on the Website and/or Platform. The User may refuse the use of these files (also known as “Cookies“) by configuring his/her web browser. For further information, please consult the Service Provider’s Cookie Policy applicable at the same level as these Terms and Conditions.
8.3. Acceptance of these Terms and Conditions constitutes the User’s express consent to the processing of his/her personal data as described in this article and in the Service Provider’s Data Protection Policy, some of which is mandatory for the processing of the User’s requests.
8.4. The data collected will be used in particular to analyse the User’s tax, financial and/or asset situation.
8.5. The personal data collected may only be communicated by the Service Provider to authorised third parties to the extent strictly necessary for the proper operation of the Application Module Package.
8.6. The User concerned by this processing has the right to access, rectify and delete personal data concerning him/her, as well as the right to request that inaccurate, incomplete or out-of-date data be rectified, updated or deleted and to object, subject to providing proof of a legitimate reason, to personal data concerning him/her being processed.
8.7. However, such opposition may make it impossible for the Service Provider to provide the services described herein. These rights may be exercised by contacting the data controller :
–> By post to 4 Rue Jean-Pierre Brasseur, L-1258 Luxembourg ;
–> Or by e-mail to gdpr@edonys.tech.
8.8. The Provider 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. The Service Provider 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.
8.9. The Service Provider requires the User to read carefully and completely and to fully understand the terms of its Data Protection Policy.
8.10. In accordance with Regulation (EU) N°2016/679, the Service Provider undertakes to notify the Commission Nationale pour la Protection des Données du Grand-Duché du Luxembourg of the breach within 72 hours of becoming aware of a breach of security and confidentiality of personal data and further undertakes to inform the affected User provided that the incident is likely to adversely affect the level of protection of his/her privacy and data.
Article 9. Data protection
9.1. The Service Provider takes all precautions appropriate to the current state of technology and the nature of the data processed and stored in order to preserve the security and integrity of such data and, in particular, to prevent it from being altered, lost or accessed by unauthorised third parties.
9.2. The Service Provider or its subcontractors store all data on secure databases that are backed up regularly and meet the strictest standards imposed for the confidentiality and integrity of tax data.
9.3. The Service Provider may use third-party subcontractors located inside and outside the European Union (for example, an IT service provider for cybersecurity certification of the Platform). These service providers guarantee limited and verified access to personal and/or confidential data by authorised persons only. The server of these partners may be located outside the European Union, as long as data security is maintained.
Article 10. Responsibilities
10.1. When, for business development reasons, the Service Provider gives access to the Platform, without any billing or subscription and for a period of time defined in advance, to employees of a prospect, the latter have the status of “Test User“. They have access to a User Account that they create and thus benefit from the same access as a paying User or a subscriber through their company. In their capacity as Test Users, their personal data is protected in accordance with the GDPR.
10.2. As this is a test space, the Service Provider accepts no liability other than that relating to the confidentiality and security of the Tester User’s data. Test Users’ data is destroyed at the end of the test period unless they become Subscriber Users through their company or subscribers through direct membership (by themselves) or in the event of a specific request from the company (with the agreement of its employees).
10.3. The Package of Application Modules, the Website and/or the Platform are a means of assisting the User in his interactions with various organisations and/or service providers. It is in no way intended to replace the User’s assessment or judgement.
10.4. The Website and/or Platform 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.
10.5. Similarly, the Service Provider does not guarantee the quality of communication links with the User and cannot be held responsible for any failures or malfunctions observed on the communication networks used.
10.6. The Service Provider’s obligation is one of best endeavours, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts. Under no circumstances may the Service Provider be held liable for the consequences, of any nature whatsoever, of any documents generated by the Website, its Platform and/or any of its functionalities on the basis of information transmitted by the User.
10.7. The functionalities offered by the Website, by the Platform, by the Software, by the Applications, by the Application Modules and by the documents generated thereby comply with Luxembourg and European legislation applicable to the current situation.
10.8. Under no circumstances may the Service Provider be held liable for any loss suffered by the User – or by persons to whom the User has voluntarily or involuntarily allowed access to the Application Module Package – as a result of an event beyond the exclusive control of the Service Provider, and in particular for loss relating to :
–> the authenticity, accuracy or relevance of information sent to the Service Provider by the User ;
–> inappropriate use of the Website and/or Platform by the User ;
–> malfunction of the hardware and/or software used by the User to access the Website and/or the Platform caused by, among other things, a virus, security breach, spyware, rootkit, server problem, etc., regardless of the person or computer system that suffers the said damage ;
–> suspension or disruption of access to the Website and/or the Platform resulting from the action of a third party and/or a case of force majeure including, in particular, labour disputes (strike, lock-out, etc.) within the Service Provider or any subcontractor involved in the perfect availability of the Website and/or the Platform ;
–> temporary impossibility of consulting the sources of information accessible from the Website and/or the Platform via links to other sites.
10.9. The Service Provider shall not be liable to such persons for any direct or indirect damage caused by the use of the Application Module Package, the Web Site and/or the Platform.
10.10. In addition, the Service Provider may not be held liable in the event of :
–> fault, negligence, omission, failure to use the Application Module Package or default by the User ;
–> erroneous data entry or fraudulent use of the Application Module Package ;
–> force majeure, events or incidents beyond the control of the Service Provider, such as strikes, social unrest, public calamities, fires, epidemics, pandemics, etc ;
–> fault, negligence or omission of a third party or intermediary (subcontractor of various services: brokers, consultants, etc.) over whom the Service Provider has no power of control or supervision.
10.11. It is the User’s duty to read all the recommendations made by the Service Provider (introductory explanations, recommendations, tooltips, etc.). If in doubt about an interpretation made by the software, the User must contact the Service Provider’s support.
Obligations of the Service Provider specific to TaxWorld
10.12. As the aim of the myTax Digital Tax Assistant is to provide Users with the best possible support in their tax affairs, the myTax tax report provides Users with the most accurate possible overview of their tax rights and obligations. It is within this framework that the myTax Digital Tax Wizard will suggest, by default, the taxation(s) that appear(s) to be the most favourable and the associated form(s). However, the User may at any time ask the Service Provider for the form(s) he wishes and/or may change them at his own discretion.
10.13. The Service Provider wishes to inform the User that the Direct Tax Administration declines all responsibility for the operation of the forms and the instructions and information they contain.
10.14. The Service Provider declines all responsibility in the event of omission (whether voluntary or involuntary) of income and/or expenses not declared by the User as well as any non-genuine entry with the aim of reducing his tax burden (or that of his household).
10.15. The Service Provider may not under any circumstances be held liable either for the choice of taxation made by the User (or his tax household) or for the consequences of this choice or for the non-acceptance by the Direct Tax Authorities of another choice of taxation which is no longer accepted because the legal deadline has passed.
10.16. The Service Provider is also not liable in the event of failure to provide information that could have changed the calculations, the completion of the forms and/or the suggestion made by myTax. The Service Provider also points out that the tax authorities retain the power to interpret tax returns (or annual statements) submitted to them. As a result, the Service Provider may not be held liable in the event of a different interpretation or the adoption of new case law/interpretation by the Direct Tax Authorities that would lead to a result different from that expected. This implies that the tax report and the calculations and forms it contains are drawn up subject to acceptance by the Direct Tax Administration.
10.17. In the event that the User requests Assistance for a tax follow-up (within the time limit – see Article 4) and provided that the User provides proof that he/she has done everything possible to rectify the situation, the Service Provider may not under any circumstances be held liable if the Direct Tax Authorities do not accept the said rectification.
10.18. In the event that the Service Provider, after having received acceptance from a User or his/her Employer / representative for the invoicing of tax monitoring, does not fulfil its obligation to carry out this monitoring service, the Service Provider undertakes to compensate the User. This compensation will in any event be capped at the lower of the two amounts below :
–> The financial loss suffered by the User between the amount shown on the tax form initially issued and the new form that should have been issued following the rectification) ;
–> The Service Provider’s civil liability insurance cover.
10.19. In principle, each Session ID (Process identifier number) must correspond to a single Process per household (in the fiscal sense of the tax return). In the event that a User uses an identical Session ID to carry out different Processes on behalf of several households (multiple declarations for several people who are not part of the same tax household), the User and/or the client of the Service Provider who granted access to the User will be liable for a fixed indemnity of € 5,000 per Session ID used fraudulently. Nevertheless, the Service Provider undertakes to formally warn its customer and the User of any improper use of Session(s) ID that it has observed. This formal warning will take the form of an automated e-mail sent by the Service Provider’s Platform immediately after detection of the fraudulent behaviour. This e-mail will be sent to the e-mail address used by the User and to the e-mail address of the Client Contact Person who granted the User access. If, despite this warning, the User continues to use one or more Session IDs fraudulently within two (2) working days, the User and/or the customer who granted access to the User will be liable for the aforementioned flat-rate compensation, plus compensation of two hundred (200) euros (€) per fraudulent Process if the same Session ID has been used to carry out more than twenty-five (25) Processes. In the event that the fraudulent behaviour has ceased following the warning before the period of two (2) working days, the fraudulent uses will be invoiced by the Service Provider to the User and/or to the Client who granted access to the User at the price of forty (40) euros (€) per fraudulent Process, within thirty (30) days following the detection of the fraudulent behaviour. The provisions of Article 7 of these General Terms and Conditions of Use also remain applicable.
Obligations of the Service Provider specific to PayWorld
10.20. The compensation simulator suggests to the User a simulation result (net income + employer cost + value of the compensation package) that is as accurate as possible. As this result is linked to various legislations and involves a potential estimate of foreign tax charges, the Service Provider may under no circumstances be held liable in the event of an error, whether caused by the calculation, manipulation by the User or any other situation.
10.21. Nor shall the Service Provider be held liable in the event that the User fails to provide information that could have altered the calculations and/or the suggestion made by the simulator.
Obligations of the Service Provider specific to JoyWorld
Article 11. Guaranteed compensation
The User shall indemnify and hold harmless the Service Provider, its representatives, employees and partners against any loss, damage, expense, cost, action, claim, suit, dispute, obligation, demand and liability which may be brought by a third party in respect of (i) any use by the User of the Website and/or the Platform, and (ii) any breach by the User of these Terms and Conditions of Use.
Article 12. Contact the User
The Service Provider may contact the User via the Web Site, the Platform, by e-mail and/or by telephone whenever this is necessary for the proper operation of the Web Site and/or the Platform, and whenever the Service Provider needs to establish contact with the User for any reason whatsoever, provided that the Service Provider’s obligations under these Terms so require.
Article 13. Proof agreement
13.1. In order to record registration and acceptance of these Terms and Conditions and future amendments thereto, the Provider and its subcontractors have a computer system which stores this information (identification of persons, principle of acceptance, etc.) in a computer database.
13.2. The User acknowledges that all data communicated by the User (or the members of the User’s household for whom the User is responsible) and stored by the Service Provider and its sub-contractors will have evidential value and will be deemed authentic in the User’s dealings with the Service Provider and its sub-contractors.
Article 14. Modification of the Terms of Use
14.1. The relationship between the User and the Service Provider is always governed by the latest Terms and Conditions in force on the day the User uses the Website and/or Platform.
14.2. The Service Provider reserves the right to modify these General Terms and Conditions of Use at any time and to impose new or additional Terms and Conditions concerning the use of the Web Site, the Platform and/or the Application Module Package. In the event of modification of these General Terms and Conditions of Use, the User will be notified of this update. However, the User may terminate his/her Account by e-mail with acknowledgement of receipt within one (1) month of notification of the change to the General Terms and Conditions of Use. If the User does not make use of this cancellation option within the period allowed, he/she is deemed to have accepted the amendment to the General Terms and Conditions of Use. The User accepts that the Service Provider shall not be liable to the User or any third party for any changes to the General Terms and Conditions of Use or for the termination of the User’s access to the Website, the Platform and/or the Application Module Package.
Article 15. Invalidity of clause
The invalidity of any clause of these Terms and Conditions of Use shall not affect the validity of the other clauses.
Article 16. Applicable law and jurisdiction
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.
