Last updated: 15 May 2024
By using the Site "https://iic.lu/", you (the "User") declare that you unreservedly accept each article of these Terms of Use, and more particularly articles 4, 5, 6, 8, 9 and 12. If you disagree with one or more of the terms below, please do not use the Site of International Investments Corporation S.A.
The term "International Investments Corporation S.A" used in this document refers to the Luxembourg public limited company (société anonyme) International Investments Corporation S.A (hereinafter "IIC"), with its registered office at L-5826 Hesperange, 33, rue de Gasperich, registered with the Luxembourg Trade and Companies Register under number B172304. The User and IIC are hereinafter collectively referred to as the "Parties". These Terms of Use constitute the contractual framework for the Access to the Site granted by IIC to the User, and are a decisive condition without which the Parties would not have wished to commit under these Terms of Use. In witness whereof, the following has been agreed: IIC reserves the right to modify, add to or remove at any time any part of these Terms of Use, as well as all or part of the Site or its features. Any such modification will be indicated on the Site. Continuing to use the Site after being informed of the changes made to these Terms will be deemed to constitute your acceptance of those changes. If any of the changes made to these Terms do not meet with your full and complete approval, you must immediately stop using the Site.
The Parties expressly declare that the terms listed in this article shall have the following meanings for the interpretation of these Terms of Use:
- "Access": the User's Access to the Site consists of the act of consulting the Site.
- The "Terms of Use": means this document and its appendices. IIC is free to supplement or modify these Terms of Use at any time. It is the User's responsibility to refer regularly to the latest version of the Terms of Use, which is permanently available on the Site. Use of the Site implies the User's full and complete acceptance of these Terms of Use.
- "En ligne": see " Online ».
- "Offline": see " Online ».
- "Online": means accessible on the Internet through a remote computer Terminal. By contrast, "offline" refers to computerised data stored exclusively on any computer medium without being accessible through a remote computer Terminal connected to the Internet. The Site is "online" in that it is accessible on the Internet through a connection that requires a line to be opened, to be arranged between the User and their Internet service provider. IIC is a complete third party to any negotiations and relationships whatsoever between the User and their Internet service provider.
- The "Site": means IIC's website, accessible online at "https://iic.lu/". The Site is published by IIC, whose contact details appear at the top of this document. Access to the Site is offered to the User subject to the conditions set out in these Terms of Use. Unless expressly stated otherwise, any new feature that improves or extends one or more features of the Site shall be subject to these Terms of Use. IIC undertakes to do what is necessary to operate the Site in accordance with Luxembourg law.
- "Terminal": means any equipment, in particular computer equipment, allowing the User to access the Site online through a remote connection. This definition is in no way limited by the state of technology at the date hereof.
- The "User": means the person wishing to Access the Site, subject to their full and complete acceptance of these Terms.
These Terms of Use constitute a contract between the Parties whose purpose is to set out the terms under which IIC offers the User access online to the Site.
Access to the Site is granted by IIC to the User in that capacity, on condition that these Terms of Use are accepted without reservation. Unreserved acceptance of these Terms of Use is recorded electronically by the mere consultation of the Site, it being understood that such access renews that acceptance each time the Site is used. To ensure the smooth technical operation of the Site, Users may be required to comply with certain technical constraints. Given the constant technical evolution of the Internet in this area, these constraints may change during the performance of these Terms of Use. In general, Users must follow the technical indications provided on the Site in order to Access and use the Site optimally. Access to the Site is granted free of charge by IIC to Users. Users are responsible for checking at all times the date of the latest revision of these Terms of Use. Any subsequent use of the Site constitutes unreserved acceptance of the changes previously made to these Terms of Use. The User's costs of connecting to the Site from a Terminal, and generally any costs related to the provision of Internet access or to the Terminal used, remain the sole responsibility of the User. The User shall refrain from any action that could directly or indirectly hinder or jeopardise the proper operation of the Site. To enable use of the Site, the User is informed that one or more cookies may be placed in the random access memory (RAM) of their Terminal. Use of the Site does not require cookies to be written to the hard disk or ROM of the Terminal. The User is informed that they may refuse these cookies by configuring their Internet browser. In that case, however, IIC would not guarantee Access to the Site and its use could be impaired or even impossible.
The User authorises IIC to use the information collected via the Site for statistical purposes and to manage the relationship between the Parties. Personal data collected in this way is collected solely for the purpose of managing connected Users. IIC undertakes never to disclose the information thus collected to third parties. More generally, and beyond the mere use of the Site, the User acknowledges being duly informed that IIC only collects personal data within the scope of its legitimate interests and always with the consent of the data subject, for the purpose of communicating information. The only personal data that IIC may collect, and only when voluntarily provided by the data subjects, are: surname, first name, postal address, date of birth, nationality, email address, telephone number and company. Additional personal data may be collected in specific situations, subject to the express and explicit consent of the data subjects. Personal data collected and/or held by IIC is always provided directly and exclusively by the data subject themselves, necessarily voluntarily and knowingly, where applicable by filling in specific forms. Any person providing personal data to IIC expressly consents to IIC collecting, recording, processing and storing it in the course of its activities and for the purposes described in this document. Personal information is recorded in a computerised file by IIC, which will only process or use personal data insofar as necessary to handle the requests of the data subject, and of the data subject alone. Personal information is generally kept for as long as necessary while the data subject's requests are being processed, or for the duration of their participation in IIC in the event of admission, and for three years after their participation ends, unless:
- the data subject exercises their right to erasure of their data, under the conditions described below; or
- a longer retention period is authorised or required by a legal or regulatory provision.
Access to personal data is strictly limited to IIC's administrative officers. External service providers are bound by a duty of confidentiality and may only use the data in accordance with the contractual provisions agreed with IIC and applicable law. Apart from the cases set out above, IIC undertakes not to sell, rent, transfer or give third parties access to the data without the prior consent of the data subject, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.). Should a data transfer outside the European Union be necessary, the following safeguards will be taken to ensure an adequate level of protection of the User's information:
- The country of the recipient(s) offers an adequate level of protection by decision of the European Commission; or
- The recipient(s) adhere to the principles of the "Privacy Shield "; or
- The transfer will be governed, in accordance with the requirements of European Regulation (EU) 2016/679 of 27 April 2016, by standard data protection clauses adopted by the European Commission.
IIC undertakes to use its best efforts to apply technical and organisational measures to protect personal data, and puts in place all appropriate means to ensure the confidentiality and security of personal data, so as to prevent it from being damaged, erased or accessed by unauthorised third parties. In doing so, IIC undertakes to comply with Luxembourg law, in particular the amended laws of 2 August 2002 (on the protection of persons with regard to the processing of personal data), of 30 May 2005 (on specific provisions for the protection of persons with regard to the processing of personal data in the electronic communications sector) and of 28 July 2011 on data protection in the electronic communications sector. In accordance with the amended law of 30 May 2005 (data protection and electronic communications) and European Regulation (EU) 2016/679 of 27 April, every data subject has the right of access, rectification, portability and erasure of their data, as well as the right to restriction of processing. Data subjects may also, on legitimate grounds, object to the processing of data concerning them.
Any data subject may, upon presentation of valid proof of identity, exercise their rights by sending an email to "info@iic.lu" or a letter for the attention of IIC's Data Protection Officer, at "Protection des données personnelles - International Investments Corporation S.A. - 33, rue de Gasperich, L-5826 Hesperange - Grand Duchy of Luxembourg".
The User declares that they are fully aware of the characteristics, risks and constraints related to the collection and storage of their personal data by IIC. IIC's liability is limited to using all the means at its disposal to guarantee the security of the personal data of the User and of any data subject. The User remains solely responsible for protecting the personal data stored on their Terminal.
IIC endeavours as far as possible to keep the Site accessible, but is under no obligation to achieve this result. IIC retains the right to interrupt access, in particular for maintenance and upgrades, or for any other reason, including technical reasons. IIC is in no way liable for such interruptions or for any consequences they may have for the User or any third party. IIC may terminate or modify the features of the Site at any time without notice. Furthermore, the User declares and warrants that they are fully aware of the characteristics and constraints of the Internet, and in particular that the transmission of data and information over the Internet has only relative technical reliability, as it travels over heterogeneous networks with varied technical characteristics and capacities that disrupt access or make it impossible at certain times. The User accepts that IIC and all persons associated with it can in no event be held liable for any material and/or immaterial and/or direct and indirect damage of any kind whatsoever and/or arising from the use of or inability to use the Site. IIC is therefore in no way liable, in particular but not exclusively:
- for the content of the Site consulted and, in general, for any information and/or data published on the Site consulted,
- for the operation of the software and/or modules attached to the Site,
- for the transmission of any data and/or information over the Internet,
- for any case of force majeure as interpreted by the Luxembourg courts,
- in the event of interruption of the access networks or networks accessible through the Site,
- in the event of failure of the Terminal. Furthermore, any file or document downloaded and/or obtained in any way whatsoever while using the Site is downloaded and/or obtained at the User's own risk, and the User expressly acknowledges that IIC can in no event be held liable, in particular for any damage or loss of data suffered, notably on their Terminal.
Unless otherwise provided herein and without prejudice to the rights granted to the User by law, IIC disclaims any express or implied warranty. The User shall hold IIC harmless against all consequences, in particular financial, of any action and/or claim by the User, the partner or their successors or any other person connected with them, arising from the use of or inability to use the Site. The User shall at all times indemnify IIC on first demand against any action, proceeding, complaint, claim, legal fees, expert fees, tax costs, awarded sums and damages, whatever their origin, direct or indirect, and any advances made, related to the User's failure to comply with any of the undertakings set out herein and/or to the use of the Site. The User is liable to IIC and to any third party for any material and/or immaterial and/or direct and indirect damage of any kind whatsoever that they may have directly or indirectly caused (in particular by hacking or uploading viruses or any pieces of computer code constituting worms, Trojan horses or spyware) while using or by means of the Site. IIC disclaims all liability for any use of the Site that does not comply with these Terms. It is the User's responsibility to take all appropriate measures to protect their own data and/or software from contamination by any malware circulating on the Internet, in particular by subscribing to and regularly updating antivirus, anti-spyware and any other software likely to improve the protection of their data and software, both online and offline. IIC reserves the right to take legal action and to obtain from the User full compensation for its actual loss for any breach of the integrity or confidentiality of the Site resulting from a failure to protect the User's Terminal against viruses, spyware, Trojan horses, worms or other similar pieces of computer code, including code that would not be individually harmful.
IIC is the exclusive owner of all intellectual property rights in the Site or has lawfully acquired the rights to exploit the structure and content of the Site, without any limitation. IIC grants the User the right to use the Site for their personal needs, excluding any commercial use. IIC holds all intellectual property rights relating to the databases directly or indirectly used by the Site. Subject to the rights granted to the User above, it is in particular prohibited to copy, reproduce, represent, modify and/or exploit, in any way and for any purpose whatsoever, all or part of the structure and content of the Site. Any download not explicitly permitted is strictly prohibited. Any abusive download detected may lead IIC and/or any third party concerned to take appropriate sanctions, in particular in the event of infringement of its intellectual property rights.
These Terms of Use constitute a contract that implicitly comes into force each time the User consults the Site. Any failure to accept these Terms of Use results in the immediate termination, without notice, of the User's Access to the Site. The User remains free to access it again subsequently, subject to full and complete acceptance of these Terms of Use. Neither Party can be held liable to the other Party for non-performance or delays in the performance of an obligation under these Terms of Use caused by the other Party as a result of a case of force majeure as usually recognised by the Luxembourg courts. A case of force majeure suspends the obligations arising from these Terms of Use for as long as it lasts.
All information relating to these Terms and to the Parties concerned constitutes strictly confidential information (hereinafter the "Information") which the Parties shall not disclose. Both IIC and the User undertake to keep these Terms confidential and to do everything possible to guarantee the confidentiality of the Information provided by one Party to the other under these provisions. In general, the Parties shall not disclose, orally or in writing, to third parties any Information relating to these Terms, or any details of the current state of relations between the Parties, except for Information whose disclosure is required by law. A Party can in no event be held liable for breach of its duty of secrecy regarding the Information, provided that it proves that the Information it disclosed:
(i) was generally known to the public on the date these Terms were accepted; or
(ii) became known to the public after the date these Terms were accepted, but other than through disclosure by that Party; or
(iii) was known to that Party before it became aware of these Terms; or
(iv) had previously been disclosed by another Party; or
(v) was brought to its attention by a third party who had not breached any duty of professional secrecy or confidentiality in general; or
(vi) was disclosed by that Party at the request of administrative or judicial authorities in connection with these Terms.
The User acknowledges and accepts that this document in no way constitutes an offer, a marketing approach or a recommendation, nor a solicitation to enter into a contract or subscribe to a service, nor to buy or sell any financial product whatsoever. Nor does this document constitute legal, financial, accounting or other advice or opinion, and any decision by the User must be accompanied by the advice of a qualified professional. Before making any decision, IIC stresses the need and importance for the User to become familiar with the practices and regulations in force in Luxembourg, as well as with all contractual documents of the financial parties involved. As IIC cannot consider the tax impact of each financial instrument, it is the User's responsibility to check their personal obligations and constraints under the legislation in force in their country of residence. The information contained, the references to companies or financial instruments, and the projections presented are neither binding nor contractual, and are provided for information and illustration purposes only. Past returns or performance cannot be considered as indicators of future returns or performance. This presentation contains no capital guarantee and no guaranteed return. IIC disclaims all liability, including for any direct or indirect damage arising from errors or omissions in the content of this publication. Any reproduction, copy, presentation or other use not in line with its intended purpose, in particular the transmission or quotation of this document, even in part, is strictly prohibited without IIC's prior written authorisation.
These Terms of Use are binding on the Parties in all their elements and replace any other prior agreement. The Parties expressly undertake to perform in good faith the obligations incumbent upon them under these Terms of Use. These Terms of Use consist indivisibly of their Preamble, their Articles and any Appendices. The clauses in each of these parts all have the same value and bind the Parties with the same force. The structure adopted for drafting these Terms of Use is intended solely to make them easier to read, and no particular meaning should be attached to it. The nullity of a clause by virtue of a court decision, law, regulation or any other higher standard shall in no way affect the validity of the other clauses. Any amendment to these Terms of Use must be made in writing with the express agreement of the Parties. All correspondence for IIC must be sent to its address as shown at the top of this document.
These Terms of Use are governed by Luxembourg law in all their elements, and in particular by the provisions of the amended laws of 2 August 2002 (on the protection of persons with regard to the processing of personal data), of 30 May 2005 (on specific provisions for the protection of persons with regard to the processing of personal data in the electronic communications sector) and of 28 July 2011 on data protection in the electronic communications sector. Any dispute arising from the interpretation, performance, non-performance, or the results or consequences of these Terms of Use shall be settled amicably between the Parties in accordance with the principles of good faith. Any dispute that cannot be resolved amicably in good faith shall be submitted to mediation by a lawyer registered with the Luxembourg Bar, appointed by IIC to act as an independent intermediary with a view to reconciling the Parties. The Parties agree to disregard the location of the server(s) hosting the Site, and mutually agree that any dispute arising from or in connection with the Terms of Use, or that may arise from their validity, interpretation or performance, which cannot be settled amicably or through mediation, shall be finally decided by the courts of Luxembourg City, which shall have exclusive territorial jurisdiction.
The Parties expressly acknowledge having accepted all the clauses herein, which form the decisive basis of their respective commitments. The underlined clauses survive this contract and bind the Parties in all their elements without time limit. These Terms of Use are drafted in French on the basis of Luxembourg laws worded in French. In the event of any discrepancy between the French version of these Terms and any translation into other languages, the Parties agree that the French version shall prevail.