Terms and conditions of use

I. PREAMBLE/DEFINITIONS

The purpose of the Association (hereinafter referred to as AdB) is to promote volunteering in all its forms among public authorities, organisations that call on volunteers and the general public.

It intends to achieve its objective by providing information, training, advice and leadership on the subject of voluntary work.

The organisation carries out its activities with respect for the human being and for the plurality of philosophical and religious opinions. The beneficiaries of its services have the right to respect their private life.

The AdB has defined voluntary work as follows:

a. The Volunteer is a person who, freely and voluntarily, taking into account his availability, knowledge and skills, offers his help on a voluntary basis to Associations or Organisations mobilising volunteers registered on the Portal, outside his professional and family time.

b. Volunteering does not constitute a paid task.

c. The Volunteer is free to offer, accept or refuse to provide assistance to an Association or Organisation.

d. No remuneration shall be offered, requested or received for volunteering.

e. The Volunteer is free to organise his/her cooperation and is not subordinate to the Association or Organisation.

f. The Association or Organisation has no "authority" over the Volunteer and therefore cannot give "orders" or "directions", control or sanction a breach.

BDA : The Agence du Bénévolat is a non-profit organisation (asbl) registered with the Luxembourg Business Register (LBR) under the number F1740. Its registered office is located at 103, route d'Arlon, L-8009 Strassen (Luxembourg) and is represented by Mrs Martine Mergen, President, acting exclusively in the Grand Duchy of Luxembourg.

Portal: The official internet portal of the Agence du Bénévolat is represented under the domain name benevolat.lu.

User: Any person registered on the Portal. Users are natural persons of legal age. 

Volunteer: Any user whose vocation is to join a non-profit organisation with a disinterested aim and free of charge.

Association Manager: Any user in charge of managing the volunteer work on behalf of an Association or a Public Organisation.

Association or Organisation: Association or public organisation with its headquarters in the Grand Duchy of Luxembourg.

Contributor: Any Volunteer appointed by an Association Manager to help manage his or her Association(s) or Organisation(s).

Services: Services are offered via the Portal by the AdB. The services may concern, cumulatively or not, Users, Volunteers, Association Managers as well as Associations and Organisations. Registration for the service is generally carried out by means of online forms.

GCU: The present general terms of use and its annexes relating to consent to the processing of personal data as a volunteer, organisation or member of the AdB.

The AdB hereby intends to regulate the conditions of use of its portal: www.benevolat.lu 

II. SERVICES OFFERED

1. Registration as a User :

Any person of legal age can register by giving an email address or via third party authentication (Facebook or Google account). To verify the age of the User, the AdB asks the User to indicate his/her date of birth to determine his/her age. By registering, this person becomes a User of the Portal and expressly accepts the GCU, in accordance with Article I above.

Registration on the Portal automatically results in the allocation of a personal space via which the User can access the services as an organisation manager and/or as a volunteer. In order to prove the User's identity and to allow him/her to access his/her Personal Space, he/she must provide, in addition to his/her email address, a secret password for which he/she will be the sole guarantor or be authenticated by a third party platform (Facebook or Google).

In case of loss of password, a new password must be indicated by the User after having validated the request to change the password by clicking on a link sent by an automatic email from the Portal.

In the event of loss of his login and/or email address, the User will be asked to prove his identity by any means deemed useful by the AdB. Any documents sent by the User to the AdB in this respect will be destroyed once the verification of the User's identity has been completed.

2. Registration of the User Association Manager :

Any Association Manager may register one or more Associations or Organisations on the Portal.

The Association Manager is fully responsible for the registered Association or Organisation. To this end, he/she shall ensure that he/she provides reliable and valid information in accordance with Article IV. 

In addition, he/she is deemed, in principle, to be the only person who can modify the information of the Association or Organisation.

The Association Manager may designate under his responsibility other Users, called Contributors, in charge of managing missions and applications and/or managing news. The accesses can be modified and deleted at any time by the Organisation Manager.

The Organisation Manager may freely access all information created by the Contributors he/she has designated and may modify, complete or delete them.

In the context of contacts with Volunteers, the Association Manager may have access to personal data of volunteers. It is the responsibility of the Association Manager to

a. to process this personal data in accordance with the regulations in force and the rights of the persons concerned

b. to use the personal data received only for the management of volunteer assignments and within the framework of the Portal's functions/services, to the exclusion of any commercial canvassing, and in strict compliance with any limitations notified by the AdB.

3. Registration of the Volunteer User:

The Volunteer undertakes to provide objective and sincere information on his or her Volunteer file in order to provide relevant and transparent information to the Associations and Organisations as well as to the AdB.

In the event of the Volunteer's temporary unavailability, it is up to him/her to suspend his/her profile via his/her personal space. They can also update some of their information at any time.

The Volunteer may be contacted by the AdB as well as by an association Manager, a Contributor designated by an association Manager, by an Association and/or by an Organisation by telephone or by email. Wherever possible, the Volunteer's communication preferences will be respected if provided, but this cannot be guaranteed.

4. Registration of the Contributor :

Any Volunteer may be invited by an Association Manager to help manage the volunteer assignments and applications and/or news of his/her Association(s) and/or Organisation(s).

If the email provided by the Association Manager does not correspond to a User who has validated his account on the Portal, the recipient of the email will receive an email inviting him to register on the Portal as a Volunteer, in accordance with Article II. 3 and, as a Contributor, he will have access to the permissions that the Association Manager has granted him for one or more of his Associations / Organisations.

5. Publication of a volunteer assignment :

An Association Manager or a Contributor may propose a volunteer assignment on the Portal on behalf of an Association or an Organisation.

The volunteer assignment is an offer without compensation, which proposes to Users to participate and help in the realization of a mission or a task. The volunteer mission cannot be considered at any time as constituting an employment contract but as a strictly free task.

In principle, it does not give rise to any compensation or remuneration (except for the possible reimbursement of expenses incurred in the course of the mission). 

The AdB may promote the proposed mission by any means or communication medium it deems useful. The mission can be relayed on all communication media, including those of the AdB's partners listed in the transparency form for organisations.

The volunteer mission proposed by an organisation's manager or a contributor may be moderated and controlled by the AdB.

In order to be put online, the volunteer assignment must respect the following points:

a. A volunteer assignment with generic content or several distinct services is not accepted.

b. The volunteer assignment must be submitted in a category that corresponds to the proposed volunteer work.

c. Any announcement of a commercial or advertising nature is forbidden, as well as any link leading indirectly or not to another Internet Portal. 

Any volunteer assignment that contains elements of text that appear to be contrary to legal or regulatory provisions, good morals or the present GCU, or that is sectarian, discriminatory or sexist in nature, will be withdrawn by the AdB, without any compensation whatsoever.

The volunteer assignment must comply with the principles laid down in these GCU.

6. Response / Contact:

Any Volunteer may send a message to an Association or Organisation or respond to an offer of a volunteer assignment.

The Association Manager or Contributor in charge of the mission of an Association or Organisation may freely reply to a Volunteer without this being considered a guarantee.

The AdB may also send information and reply to Volunteers and Associations or Organisations by all the means of communication it has at its disposal, including by emails sent automatically.

Email alerts subscribed to on the Portal will result in automatic emails being sent. The User may at any time unsubscribe and withdraw his subscription to one or more alerts. 

Responses to a User are delivered mainly by electronic means to the contact details provided by the User, which must be valid and up to date. If the User's contact details are not up to date, the User is aware that important messages may not be received.

III. ACCEPTANCE AND UPDATING OF THE GC

By accessing this Portal, the User undertakes to respect these GCU.

The AdB is free to modify the GCU at any time, in particular in order to take into account any legal, regulatory, jurisprudential and technical evolution. The version that prevails is the one that is accessible online. If the User disagrees with any of these terms, including after an update of the GCU, he/she is free to stop using the Portal services at any time.

IV. GENERAL RULES

1. OBLIGATIONS OF USERS

When using the Portal, the User undertakes to :

Comply with the stipulations described in the GCU and the provisions of the laws and regulations in force, and to respect the rights of third parties;

To provide information, files and other contents that are true, honest and fair;

To expressly guarantee the truthfulness and reality of the information contained in his exchanges with the Portal manager;

Not to advertise or promote products and/or services via the Portal;

Not to disclose via the Portal personal information (texts, photos and videos) of third parties without their consent;

Not to import and disseminate via the Portal any unlawful statements or content, and in particular any content that is counterfeit, defamatory, abusive, insulting, obscene, offensive, discriminatory, violent, xenophobic, inciting to racial hatred or advocating terrorism; or any other content that is contrary to the applicable legislation and regulations as well as to good morals and the rules of propriety;

Not to integrate and disseminate via the Portal any content that is contrary to the purpose of the Portal;

Not to communicate or send, via the Portal, any content that includes links to illicit or offensive Internet Portals or that is incompatible with the purpose of the Portal;

Not to use the Portal to send unsolicited mass messages (advertising or otherwise).

2. USE OF THE PERSONAL AREA

The User must have a valid and accessible e-mail address to create an account.

The contents posted are under the responsibility of their author who undertakes to assume all responsibilities and consequences relating thereto. In particular, the author of the content guarantees the AdB against all actions taken by third parties which have as their cause, basis or origin the content posted on the Portal.

He therefore undertakes to pay the amount of the related sentences and defence costs, or any transactional indemnity that may be due in the context of the dispute. The AdB declines all responsibility for the content posted by users.

Furthermore, the User expressly guarantees the truthfulness and reality of the information contained.

In the event of a breach of one or more of these obligations, the Portal reserves the right to suspend or delete the account of the User responsible without prior notice, as well as all or part of the contentious content, without this being prejudicial to the AdB.

3. MODERATION OF CONTENT PROPOSED BY THE BOA

Certain content proposed by Users is subject to moderation by the AdB before publication. 

The proposed content is only put online after it has been validated by the AdB. 

The moderators of the AdB may modify or even delete without notice any content published by users that does not comply with the following conditions:

All contributions must comply with the legislation in force and in particular the rights of authors. Please also refer to § V Property rights - 3. Content provided by the User;

Any contribution must be in accordance with the editorial line of the Portal and the present TOS;

All contributions must be signed by their author who is registered by name with, for Associations or Organisations, the mention of the structure to which they belong.

The moderators of the AdB's content undertake to validate contributions as soon as possible.

4. AGREEMENT OF PROOF

The User agrees that in the event of a dispute :

The means of identification (e-mail address, title, surname, first name, date of birth) provided when using the services of the Portal shall be admissible in court and shall constitute proof of the data and facts they contain;

The connection data relating to the actions carried out from the Portal are admissible in court and are proof of the data and facts contained therein;

The electronically generated or recorded dates of any information or decision shall be admissible in court as evidence of the data and facts contained therein.

Evidence to the contrary may be adduced.

5. UPDATING OF CONTENTS

The Portal is updated regularly, and the AdB endeavours to provide information that is as accurate as possible. However, the AdB cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether these are its fault or the fault of third-party partners who provide the information.

All information on the Portal is given for information purposes only and is subject to change. Furthermore, the information on the Portal is not exhaustive. It is provided subject to any changes that may have been made since it was put online.

V. INTELLECTUAL PROPERTY

1. PREAMBLE

The entire Portal is defined as a database.

2. CONTENT PUBLISHED BY THE PORTAL EDITORS

Unless expressly stated otherwise, all content protected by intellectual property law may not be reproduced or reused without the express authorisation of the Portal publisher.

Any use or extraction of elements of the Portal not authorised by the AdB is illegal and punishable.

Any use, even on a private basis, of all or a substantial part of the Portal requires the agreement of the publication director.

Any breach of the rules of copyright or database law is liable to sanctions, without prejudice to any claims for damages from the holders of the rights.

All trademarks and logos relating to the Portal belong to the AdB and may not be used by the User without the prior written consent of the AdB.

        2.1 Conditions of use of the texts presented on this Portal

Reproduction strictly reserved for the private use of the copier and not intended for collective use.

Reproduction, distribution or representation for professional information purposes, on non-digital media, on the express condition that the works are not modified and that the source is mentioned.

Short quotations: short quotations from the texts on the Portal are permitted insofar as they form part of a new work, on the express condition that the works quoted are not modified, that they are formally delimited (inverted commas or distinctive typography) and that their sources are mentioned.

Any other use of the texts present on the Portal, in particular republication on other Portals, Internet or intranet, requires the written agreement of the publication director.

Requests for authorisation to reproduce content must first be addressed to the AdB.

The request must specify the content in question as well as the intended context of use (media concerned, period, recipients, etc.).

No stipulation of the GCU may be interpreted as a transfer of intellectual property rights, whether tacitly or in any other way.

       2.2 Conditions of use of Photographs - Maps - Videos and other images

Unless explicitly authorised to be downloaded directly from the Portal, all images on the Portal are protected by the intellectual property rights of the authors and the producer of the Portal. They may not be duplicated or used without the written authorisation of the Portal editor.

3. CONTENT PROVIDED BY A PORTAL USER

The User integrates and distributes content via the Portal. As such, the User is and remains the owner of the rights to the said content.

The content integrated into the Portal by a User is the property of the authors of the said content or of third parties who have authorised these authors to use it.

The User undertakes to :

To have the necessary rights, including all the intellectual property rights on the contents (texts, images, videos, sounds) that he/she publishes and records on the Portal.

Not to use a pseudonym or e-mail address that could infringe the rights of third parties (surname, brand name, etc.) or to usurp a name, company name or registered trademark.

The editors are invited to be particularly vigilant when proposing photos, translations or extracts of texts of which they are not the authors, by obtaining the formal authorization of the authors. Thus, any text put on line must imperatively specify its sources if it includes quotations from other authors.

VI. LIABILITY, GUARANTEES AND ACCESS TO THE PORTAL

1. THE PORTAL 

The AdB puts in place the necessary means to ensure the proper functioning of the Portal and to maintain the continuity and quality of the service. The service associated with the Portal is provided to the User "as is" and is accessible without any absolute guarantee of availability and regularity. The AdB will endeavour to make the Portal accessible 24 hours a day, 7 days a week.

However, the AdB cannot be held responsible for any interruption of the service, whatever the duration or frequency of this interruption and whatever the cause, in particular due to maintenance necessary for the operation, possible breakdowns, technical hazards linked to the nature of the Internet network, acts of malicious intent or any attack on the operation of the Portal.

The AdB cannot be held responsible for faulty data transmission due to the nature of the Internet network or to software and web browser incompatibilities of the User.

The AdB cannot be held responsible for any software or hardware errors that may have crept into the documents on the Portal, despite the care taken in their publication.

2. HYPERTEXT LINKS TO THIRD PARTY PORTALS

The Portal may contain hyperlinks to Internet portals published by third parties (hereinafter referred to as "Third Party Portals") over which the AdB has no control whatsoever. The AdB accepts no responsibility for the contents of the Third Party Portals or for the contents to which the Third Party Portals may refer.

The presence of hyperlinks to Third Party Portals does not imply that the AdB in any way approves the contents of the Third Party Portals. The AdB is not responsible for any changes or updates to Third Party Portals. The AdB is not responsible for the transmission of information from Third Party Portals or for the malfunctioning of Third Party Portals.

VII. APPLICABLE LAW AND JURISDICTION

The General Terms of Use are governed by Luxembourg law. Any difficulty relating to the validity, application or interpretation of the General Terms of Use shall be submitted, in the absence of amicable agreement, to the jurisdiction of the Courts of and in Luxembourg, to which the parties attribute their territorial jurisdiction, regardless of the place of performance of the Portal or the domicile of the defender. 

VIII. CONTACT

For any question or complaint concerning the Portal or the GCU, the User may contact the Portal publisher via the Portal Contact page. 

For any questions or complaints regarding cookies and personal data, the User may contact the BDA at the address indicated in our Personal Data Policy.

Personal data protection policy

Consent to the processing of personal data :

For volunteers
For organisations
For members of the AdB

1 - PURPOSE OF DATA PROCESSING

1.1 PURPOSE

The purpose of data processing is to manage the AdB website.

To provide Volunteers, hereinafter referred to as "Volunteers", with online information concerning the
Partner Organisations and their Volunteers.

To provide online information and volunteer resources to organisations active in volunteering, where
resources, where appropriate.

To facilitate the establishment of contacts between Volunteers and Organisations seeking resources.
resources.

1.2 LEGAL BASIS

This processing is based on consent.

2 - DATA PROCESSED

The data processed may be :

Context of registration "Volunteer
Civility "Mrs" or "Mr
First name
Last name
Date of birth
Postal address
Email
Login
Password
Phone
Contact preferences (availability and means of communication)
Language of communication (website version)
Organisation
Position within the AdB

Data specific to the volunteer profile :

Current status in relation to the search for a volunteer
Presentation as a volunteer
Skills / Talents
Language(s) spoken
Desired location(s) for volunteering
Interests (including areas of work and beneficiaries to be supported)
Types of activities to be carried out
Availability

Profile specific data Organisation : 

Field of action
Beneficiaries
Number of volunteers
Number of employees
Postal address of the organisation
Telephone
Email
Website
Social networks
Presentation of the organisation's project
Benefits of joining the organisation for volunteers 

2.1 SOURCE OF DATA

The data collected is transmitted by the user either when filling in an online form,
after logging in to the user account or not, or when browsing the Site.

3 - DATA SUBJECTS

The data processing concerns volunteers, users authorised by the organisations and members of the BA.

4 - RECIPIENTS OF THE DATA

 Agence du Bénévolat

5 - DATA TRANSFERS OUTSIDE THE EUROPEAN UNION

The AdB does not transfer any data collected outside the European Union.

6 - DATA RETENTION PERIOD

The data relating to the contact form is kept as long as the User is active, and
for a period of 2 years from the last contact.

Data related to the creation and management of personal spaces are kept until the personal space is deleted.
deletion of the personal space.

All other data is kept in the active database for the time of its current use.
At the end of this conservation (linked to the processing), the data are archived, deleted or
anonymised (for statistical purposes) within the limits and under the conditions provided for in terms of compliance with
legal obligations, in particular those arising from the French Heritage Code.

7 - SECURITY

The security measures implemented in accordance with our obligations include

Secure transport, communication and storage of data;

The authorisation and use of data;

Pseudonymisation and encryption of personal data;

Means to ensure the continued confidentiality, integrity, availability and resilience of processing systems and services
of the processing systems and services;

8 - YOUR RIGHTS TO YOUR DATA

You may access and obtain a copy of the data concerning you, object to the processing of such data, have it rectified and
You can access and obtain a copy of your data, object to the processing of your data, have it rectified and, under certain conditions, have it erased. You also have the right to
You also have the right to limit the processing of your data.

8.1 EXERCISING YOUR RIGHTS

In order to exercise your rights, you may contact the Data Protection Officer, Mrs. Martine Mergen, President of the European Commission.
Martine Mergen, President of the Agence du Bénévolat via the Contact page of the Portal. You may be asked to
You may be asked to attach any document that proves your identity.

8.2 CLAIMS (COMPLAINTS) TO THE CNPD

If you feel that your rights regarding your data are not being respected, you may submit a
(complaint) online to the CNPD or by post.

National Commission for Data Protection

15, Boulevard du Jazz
L-4370 Belvaux
Tel: (+352) 26 10 60 -1