General Terms and Conditions of Use (GTCU) of the website

Any person using the information, documents, products, software and/or services (hereinafter collectively referred to as the “Services”) provided on this website shall be deemed to be aware of, and to have accepted, all the provisions of these general terms and conditions of use.

“Body” means the government authority, ministry, administration, or any other government organisation that is solely or jointly responsible for this website.

User obligations

The website is accessible via the internet. The user declares that they are aware of the risks involved and accept those risks. They must guard against the effects of computer hacking by implementing suitable and secure computer settings.

The Ministry of Agriculture, Food and Viticulture accepts no liability for any loss or damage which the user may suffer, directly or indirectly, in connection with browsing on the website or using the services which it offers, or from accessing any of the other websites to which it refers.

Use of the website is free.

Cookies management

This site uses client-side cookies. These are small text files that are used to analyse users’ browsing patterns and habits (frequency and duration of visits, pages viewed, etc.).

They are sent by the website and stored in a special folder on the user’s computer. A cookie contains the name of the server that created it, an identifier in the form of a unique number and an expiry date. The unique identifier allows the website to ‘remember’ the user’s computer whenever they visit the website. Session cookies are deleted from the user’s computer when the session is closed. However, persistent cookies remain on the user’s computer for one month after the end of the session.

The user can decide whether or not to allow the website to store cookies on their computer. They may change their browser settings at any time to prevent cookies from being accepted and stored. Additionally, from their browser, the user can delete any cookies that have already been stored on their computer (see the Cookies Policy).

If the user opts to refuse cookies from this website, some features may not work as expected or may be disabled. Hence, it is recommended that users update their browser settings to accept cookies from the website.

Changes to the site

The Ministry of Agriculture, Food and Viticulture reserves the right to develop, modify or suspend the website, without prior notice, for maintenance or updating purposes or for any other reason which may be deemed necessary.

In particular, the Ministry of Agriculture, Food and Viticulture may, at any time, withdraw, add to or clarify all or any part of the information and services contained in or offered on the website. The Ministry of Agriculture, Food and Viticulture may not be held liable for any loss or damage whatsoever, whether direct or indirect, in connection with any such changes.

General limitations of liability

The Ministry of Agriculture, Food and Viticulture will use its best endeavours to ensure that the website is always available. However, it accepts no liability should the website become temporarily or wholly unavailable.

The Ministry of Agriculture, Food and Viticulture will use its best endeavours to ensure the security of the computer system. However, it accepts no liability if the underlying computer system is ‘hacked’, or if the website becomes temporarily or wholly unavailable.

The Ministry of Agriculture, Food and Viticulture will use its best endeavours to ensure that the information published on the website and on social networks is accurate. However, it may not be held liable for any omissions in connection with the update of information or forms, errors in the use of the system, coding errors or inaccuracies, or gaps, errors or inaccuracies in the information provided. The aim is to disseminate accurate, up-to-date information emanating from a variety of sources, but the Ministry of Agriculture, Food and Viticulture is unable to avoid all risks of hardware error. None of the information published on this website should be considered as exhaustive or as a commitment from the State. Explanations in layman’s terms and translations are provided solely for information purposes. Only legal texts published in the Mémorial (Official Journal of the Grand Duchy of Luxembourg) shall be deemed authoritative. The information appearing on this website is of a general nature. It is not tailored to personal or specific circumstances, and therefore cannot be regarded as constituting personal, professional or legal advice to the user. If the user needs personal or specific advice, they should always consult the competent departments within the different administrative bodies.

Limitations of the website’s liability

The website expressly cannot accept liability for any consequences, whether direct or indirect, arising from:

• Incompatibility between the service offered and the equipment, applications, procedures or infrastructures of the user or of any third party;
• Any security breaches caused by the user or a third party, and more generally any security breaches not directly attributable to the website;
• Any errors and/or fraudulent acts committed by the user or a third party;
• Any unavailability or malfunction of electronic communication systems or networks.

Links to related sites

For users’ convenience, this website may contain links to other websites which they may find useful or interesting. The Ministry of Agriculture, Food and Viticulture, and more specifically the “Body”, does not systematically monitor the content of those websites. Consequently, they may not be held liable for the content of those websites, and particularly for the legality or accuracy of such content.

Intellectual property

The website, all the elements contained therein (including the layout), and the information and services are protected by the relevant intellectual property and copyright laws.

Unless otherwise specified, the Ministry of Agriculture, Food and Viticulture grants no license or authorisation with regard to the intellectual property rights which it holds in respect of the website, the elements it contains, or the Services.

Documents of the text type

Unless otherwise specified, users are authorised to view, download and print the available documents and information without prior request.

Other content

Unless otherwise stated, the reproduction of other content types (photos, videos, audio files, animations, graphics, etc.) is authorised free of charge,  subject to the mention of the source as well as the mention of the copyright and the author indicated, where appropriate, near the content.

These types of content may not be sold, rented for a fee, used for commercial or advertising purposes.

For any use of the content not covered by the General Legal Notice (GTCU), the prior use agreement must be obtained from the Government Information and Press Service (SIP).

Any modification, transformation or adaptation, in whole or in part, of the aforementioned types of content is prohibited except with prior agreement by the Government Information and Press Service (SIP). However, the photos may be cut and/or adapted for editorial reasons.

Users who reproduce website content undertake not to use it contrary to human dignity and respect for the individual.

Unless expressly authorised by the publisher, the landwirtschaft.lu website cannot be integrated in any way, whole or in part, into another portal or into a website.

The above rights that are implicitly and explicitly granted to users constitute authorisation of use and in no way constitute a transfer of ownership of rights, property or anything else in respect to this website.

Changes to the General Terms and Conditions of Use

These General Terms and Conditions of Use may be modified or supplemented at any time, without prior notice, to reflect changes made to the website or changes in the law, or for any other reason which may be considered necessary. It is the user’s responsibility to familiarise themselves with the general terms and conditions of use of the website, of which only the most up-to-date online version shall be deemed to be in force. It is possible that, in the interval between two visits to the website, the general terms and conditions of use may have changed, and thus it is the user’s responsibility to read through those conditions before using the site once again.

Applicable law and courts of competent jurisdiction

All disputes concerning the use of the website and its services shall be governed by Luxembourg law, and the courts of the Grand Duchy of Luxembourg shall have exclusive jurisdiction to hear and settle such disputes.

Personal data protection of the website

General information

The personal data communicated by the user are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

The Ministry of Agriculture, Food and Viticulture collects no personal data other than the IP addresses contained in the server logs. These are collected for security reasons. User consent is not required before visiting this website.

The controller for these processing operations is the Body that is responsible for this website.

Users can file claims relating to the protection of their personal data through the various communication channels available, and directly to the controller who, in this case, is the Body responsible for this website. Users can also file claims with the data protection officer of the Ministry of Agriculture, Food and Viticulture by e-mail to dpo@ma.etat.lu. Users may also refer to the National Commission for Data Protection, headquartered at 15, Boulevard du Jazz, L-4370 Belvaux.

Routine erasure of personal data

The controller will only process and store the data subject’s personal data for the period necessary to achieve the purpose of the storage.

Rights of the data subject

As a person affected by the processing of your personal data (GDPR), you are entitled to exercise the following rights at any time:

1. Right to confirmation

Every data subject shall have the right granted by EU regulations and directives to require the controller to confirm whether personal data concerning him/her is being processed. If a data subject wishes to exercise this right of confirmation, he/she may contact the controller or relevant employee at any time.

2. Right to information

At any time, any data subject whose personal data is being processed shall have the right, granted by EU regulations and directives, to obtain information from the controller free of charge on the personal data being stored about him/her and a copy of that information. Furthermore, EU regulations and directives provide that the data subject be given the following information:

• the purposes of the processing;
• the categories of personal data being processed;
• the recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed, in particular recipients in third countries or international organizations;
• if possible, the planned duration for which the personal data will be stored or, if not possible, the criteria for determining that duration;
• the existence of a right to rectification or erasure of the personal data concerning him/her or of a restriction to the controller’s processing of said data or of a right to object to such processing;
• the right to lodge a complaint with a supervisory authority;
• if the personal data is not collected from the data subject: All available information about the origin of the data.

3. Right to rectification

Any person affected by the processing of personal data has the right granted by EU regulations and directives to demand the immediate rectification of inaccurate personal data concerning him/her. Furthermore, taking into account the purposes of the processing, the data subject has the right to demand the completion of incomplete personal data—including by means of providing a supplementary statement.

4. Right to erasure

Any person affected by the processing of personal data has the right granted by EU regulations and directives to require the controller to delete his/her personal data without delay, if one of the following reasons applies and if processing is not required:

• The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
• The data subject withdraws his/her consent on which the processing was based in accordance with Article 6 (1)(a) of the GDPR or Article 9 (2)(a) of the GDPR, and there is no other legal basis for the processing.
• The data subject objects to the processing in accordance with Art. 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to processing according to Art. 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The erasure of personal data is necessary to fulfil a legal obligation under EU or national law to which the controller is subject.
• The personal data were collected in relation to information company services offered pursuant to Art. 8(1) of the GDPR.

5. Right to restriction of processing

Any person affected by the processing of personal data has the right granted by EU regulations and directives to require the controller to restrict the processing of his/her personal data under any of the following conditions:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• the processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
• the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Art. 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

6. Right to data portability

Any person affected by the processing of personal data has the right granted by EU regulations and directives to receive the personal data concerning him/her, which he/she has provided to a controller, in a structured, commonly used and machine-readable format. He/she also has the right to transmit these data to another controller without hindrance from the controller to whom the personal data was given, provided that the processing is based on the consent pursuant to Article 6 (1)(a) of the GDPR or Article 9 (1)(b) 2(a) of the GDPR or on a contract pursuant to Article 6 (1)(b) of the GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task of public interest or in the exercise of public authority assigned to the controller.

Furthermore, in exercising his/her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have his/her personal data transmitted directly from one controller to another, as long as this is technically feasible and does not affect the rights and freedoms of others.

7. Right to object

Any person affected by the processing of personal data has the right granted by EU regulations and directives to object to processing of personal data concerning him or her at any time, on grounds relating to his/her particular situation, which is based on point Article 6 (1) of the GDPR. This applies for profiling based on those provisions as well.

8. Automated individual decision-making, including profiling

Any person affected by the processing of personal data has the right granted by EU regulations and directives to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her; unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or (3) is based on the data subject’s explicit consent. If the decision (1) is required for the conclusion or performance of a contract between the data subject and the controller or (2) it is with the express consent of the data subject, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his/her own position and to contest the decision.

9. Right to revoke a data protection consent

Any person affected by the processing of personal data has the right granted by EU regulations and directives to revoke consent to the processing of personal data at any time. If a data subject wishes to exercise this right to revoke consent, he/she may contact the controller or relevant employee at any time.

Data protection provisions regarding the application and use of Facebook

A Facebook plug-in has been installed on its website. Facebook is a social network. A social network is an Internet-based social meeting place, an online community that allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform to exchange views and experiences and allows the Internet community to provide personal or business information. Facebook allows social network users to create private profiles, upload photos and socialize via friend requests. The operating company of Facebook is Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the US or Canada, those responsible for the processing of his/her personal data are Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

If a Facebook component (i.e. Facebook plug-in) has been installed on the controller’s website, then each time one of the website’s pages is visited, the data subject’s Internet browser will automatically trigger, via the Facebook plug-in, a representation of said plug-in to download. As part of this technical process, Facebook receives information about which specific subpages of our website the data subject visits.

If the data subject is simultaneously logged into Facebook while visiting our website, Facebook recognizes which specific subpages of our website the data subject visits. This recognition occurs every time he/she visits our website and during the entire duration of his/her stay on our website. This information is collected via the Facebook plug-in and assigned by Facebook to the data subject’s Facebook account. If the data subject activates one of the Facebook buttons integrated on our website, for example the ‘Like’ button, or if the data subject leaves a comment, Facebook assigns this information to the data subject’s personal Facebook account and saves this personal data.

If the data subject is logged in to Facebook when accessing our website, Facebook will always be notified via the Facebook plug-in that the data subject has visited our website; this happens regardless whether the person clicks on the Facebook plug-in or not. If the data subject does not wish for this information to be transferred to Facebook, he/she can prevent the transfer by logging out of his/her Facebook account before visiting our website.

Facebook’s data policy provides information on the collection, processing and use of personal data by Facebook. It also explains which options Facebook offers to protect the data subject’s privacy. In addition, there are various applications available to suppress data transmission to Facebook. The data subject is free to make use of such applications to suppress data transmission to Facebook.

Data protection provisions regarding the application and use of Instagram

On this website Instagram plug-ins have been installed. Instagram is a service that qualifies as an audiovisual platform, allowing users to share photos and videos, and also disseminate such data to other social networks. Instagram’s operating company is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA 94025, USA.

If the data subject is simultaneously logged into Instagram while visiting our website, Instagram recognizes which specific subpages of our website the data subject visits. This recognition occurs every time he/she visits our website and during the entire duration of his/her stay on our website. This information is collected via the Instagram plug-in and assigned via Instagram to the data subject’s Instagram account. If the data subject activates one of the Instagram buttons on our website, the data and information transferred with it are assigned to the data subject’s personal Instagram account and saved and processed by Instagram.

If the data subject is simultaneously logged in to Instagram while accessing our website, Instagram will always be notified via the Instagram plug-in that the data subject has visited our website; this happens regardless whether the person clicks on the Instagram plug-in or not. If the data subject does not wish for this information to be transferred to Instagram, he/she can prevent the transfer by logging out of his/her Instagram account before visiting our website.

Additional information and Instagram’s privacy policy can be found here.

Data protection provisions about the application and use of Matomo

The data controller has integrated the Matomo component on this website. Matomo is an open source software tool for web analysis. Web analysis is the collection, gathering and evaluation of data about the behaviour of visitors to websites. Among other things, a web analysis tool collects data about the website from which a data subject came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimise a website and for the cost-benefit analysis of internet advertising.

The purpose of the Matomo component is to analyse the flow of visitors to a website. The data controller uses the data and information obtained, among other things, to analyse the use of this website in order to compile online reports that show the activities on the website. If the use of cookies is not objected to, Matomo places a cookie on the data subject’s IT system. The setting of the cookie enables the use of the website to be analysed. Each time one of the individual pages of this website is accessed, the Internet browser on the data subject’s IT system is automatically prompted by the Matomo component to transmit data for the purpose of online analysis.

As part of this technical process, personal data is transmitted, such as the anonymised IP address of the data subject, which is used, among other things, to trace the approximate origin of visitors and clicks. Cookies are used to store personal information, such as the access time, the location from which access was made and the frequency of visits to the website. Each time the website is visited, this personal data, including the anonymised IP address of the Internet connection used by the data subject, is stored. The IP address is anonymised before storage and the information generated by the cookie is not passed on. The data subject may, at any time, prevent the setting of cookies through the website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies.

This also applies if the user objects to the use of cookies when visiting this website for the first time by clicking on the corresponding button on the cookie notice banner (this sets an opt-out cookie). Such a setting of the Internet browser used would also prevent Matomo from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Matomo can be deleted at any time via an Internet browser or other software programmes. Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Matomo relating to the use of this website.

Further information and the applicable data protection provisions of Matomo may be retrieved here.

Data protection provisions regarding the application and use of YouTube

On this website YouTube plug-ins have been installed. YouTube is an internet video portal that allows users to publish or watch video clips for free and other users to watch, rate and comment on those clips for free. YouTube allows users to publish all types of videos, including complete film and television broadcasts, music videos, trailers or user-made videos. YouTube’s operating company is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube LLC is a subsidiary of Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.

If a YouTube plug-in (YouTube button) has been installed on the controller’s website, then each time one of the website’s pages is visited, the data subject’s Internet browser will automatically trigger, via the YouTube plug-in, a representation of said plug-in to download. As part of this technical process, YouTube and Google receive information about which specific subpages of our website the data subject visits.

If the data subject is simultaneously logged into YouTube while visiting our website, YouTube recognizes which specific subpages of our website the data subject visits. This recognition occurs every time he/she visits our website. This information is collected by YouTube and Google and associated with the data subject’s YouTube account.

If the data subject is simultaneously logged in to YouTube while accessing our website, YouTube and Google will always be notified via the YouTube plug-in that the data subject has visited our website; this happens regardless whether the person clicks on the YouTube plug-in or not. If the data subject does not wish for this information to be transferred to YouTube, he/she can prevent the transfer by logging out of his/her YouTube account before visiting our website.

YouTube’s privacy policy provides more information about the collection, processing, and use of personal information by YouTube and Google.

Website contact and other forms

The information about you collected through the website contact and other forms needs to be processed by the Body involved to deal with your request.

By filling in the form, you agree that your personal data may be processed as part of the processing of your request. Those data are retained by the Body in question for as long as needed to achieve the purpose of the processing operation(s).

As the retention period for personal data depends on the type of request, the Body will communicate the applicable retention period, or the criteria used to determine it, on request, on a case-by-case basis.

The recipient of your data is the Body responsible for processing your request. Please contact the Body you are filing your request/application with to find out who the recipients of the data in this form are.

Under the terms of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, you have the right to access, rectify and, where applicable, request the erasure of any information relating to you. You are also entitled to withdraw your consent at any time.

Additionally, unless the processing of your personal data is compulsory, you may, with legitimate reasons, oppose the processing of such data.

If you wish to exercise these rights and/or obtain a record of the information held about you, please contact the data protection officer of the Ministry of Agriculture, Food and Viticulture by e-mail to dpo@ma.etat.lu. You are also entitled to file a claim with the National Commission for Data Protection (Commission nationale pour la protection des données), headquartered at 15, Boulevard du Jazz, L-4370 Belvaux.

Processing in connection with audience measurement

Certain data relating to the user’s hardware and software, which are not capable of revealing the user’s identity, are collected when they visit the public-domain site. The sole purpose of collecting such data is to garner statistics on website traffic (type of browser, resolution, approximate location, and so on) in order to provide users with the best possible experience.

Under no circumstances is the user’s full IP address retained. Only part of the IP address is retained for the purpose of computing overall statistics, and there is no way of identifying users.

These data are retained and hosted in Europe, in a solution provided by a subcontractor – specifically, Google Ireland Limited – who, as such, is subject to the same legal obligations regarding the protection of personal data, if those data were to be harvested in the future.

The data are retained for no longer than is necessary to observe how audiences evolve as a function of browser use, resolution settings or other available statistical data.

The controller for these processing operations is the Body responsible for this website.

Security and confidentiality

Our website uses the Transport Layer Security (TLS) protocol, also known by the name HTTPS or “SSL-certificate”, to encode communication between your browser and our servers. Data (contained in, for example, requests or information sent via forms) are never exchanged in plain text with our servers.

In order to ensure that you enjoy maximum security and confidentiality, the Ministry of Agriculture, Food and Viticulture also takes internal organisational and technical measures to prevent harm, alteration, destruction, loss and misuse of your personal data or their transmission to unauthorised third parties.

Presence on social media

Moderation policy

All users joining the landwirtschaft.lu community on social media commit to refrain from any discrimination in connection with race, colour, religion, gender, sexual orientation, age, nationality, handicap, matrimonial status, or professional status.

Comments which are insulting, racist, sexist or offensive have no place on social media. They will be deleted and reported. All commercial content will also be removed.

Comments on social media will be answered from Monday to Friday during office hours. Outside of these hours, as well as during weekends and on public holidays, the administration of these pages is not continually assured.

Languages

On social media, the Ministry of Agriculture, Food and Viticulture communicates primarily in Luxembourgish. Depending on the target or the nature of the information, it may also be published in French, German or English. It is possible that information published on social media of the Ministry of Agriculture, Food and Viticulture links to websites which are not multilingual. As far as possible, replies to all questions and comments shall be in the user’s language.