Governance Management S.A. and LEVeL Directors S.àr.l. (“LEVeL,” “we,” “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy.  This privacy policy, which is effective as of May 24, 2018, describes the types of information we may collect from you or that you may disclose when you visit (the “Site”) or when you use any online service we provide to you (“Services”).  This privacy policy also describes our practices for collecting, using, maintaining, protecting and disclosing that information.

1           This privacy policy applies to information we collect:

  • On the Site or in connection with Services;
  • In e-mail, text, electronic newsletters in which you enroll, and other electronic messages between you and the Site or in connection with Services;
  • When you interact with our advertising and applications on third-party Sites and services, if those applications or advertising include links to this policy;
  • Through offline means such as telephone, traditional mail, or in person contact with us;
  • Through any other online or offline means in connection with LEVeL or products and services provided by LEVeL;
  • Through any other online or offline means in connection with LEVeL’s affiliates and subsidiaries, or products and services provided by such affiliates and subsidiaries;

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is to not use the Site or the Services.  By accessing or using the Site or any Services, you agree to this privacy policy.  This privacy policy may change from time to time, and your continued use of this Site after we make changes to the privacy policy is deemed to be acceptance of those changes, so we encourage you to check our privacy policy periodically for updates.

2           Information We Collect About You and How We Collect It.

We collect several types of information from and about users of the Site and Services, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information that is defined as personal or personally identifiable information under applicable laws (“personal information”);
  • any other identifier by which you may be contacted online or offline;
  • that is about you but individually does not identify you; and
  • about your internet connection, the equipment you use to access our Site and usage details.

We collect this information:

  • directly from you when you provide it to us;
  • automatically as you navigate through the Site or as you use the Services. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.

3           Information You Provide to Us and Information We Collect.

The information we collect on or through our Site may include:

  • Your search queries on the Site;
  • Your IP Address, browser type and version, operating system and platform, average time spent on our Site, pages viewed, information searched for, access times, and other relevant information about your online experience.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”).  Your User Contributions are posted on and transmitted to others at your own risk.  Although, we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable.  Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions.  Therefore, we do not guarantee that your User Contributions will not be viewed by unauthorized persons.

4           Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers and application providers.  These third parties may use cookies, alone or in conjunction with other tracking technologies, to collect information about you when you use the Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different Sites and other online services.  They may use this information to provide you with interest-based advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used.  If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

5           How We Use Your Information.

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the Site and its contents to you and to provide any Services to you;
  • To provide you with information, products or services that you request from us or our affiliates;
  • To fulfill any other purpose for which you provide it;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To notify you about changes to the Site, the Services or any other products or services we offer or provide though the Site;
  • To allow you to participate in interactive features on the Site;
  • In any other way we may describe when you provide the information; and
  • For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences.  Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

6           Disclosure of  Your Information.

We may disclose aggregated information about our users, and information that does not identify any individual user with specificity, without restriction.  We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our Business Partners;
  • To contractors, service providers and other third parties we use to support our business;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or other similar proceeding, in which personal information held by us about our users is among the assets transferred;
  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them;
  • To fulfill the purpose for which you provide it;
  • For any other purpose disclosed by us when you provide the information with your consent;
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request;
  • To enforce or apply any agreements with you, including for billing and collection purposes; and
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of LEVeL, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

7           What are your rights?

You have the right to:

  • ask us in writing for details of the personal data that we hold on you
  • require us to rectify any errors
  • have your personal data deleted if there is no reason for its continued storage and processing
  • lodge a complaint about the data controller with the CNPD (Commission nationale pour la protection des données).

Our contact details are: directors@level.lul.

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Further details about your rights under data protection legislation can be found on .

8           Data Security.

The safety and security of your information also depends on you.  Where we have given you, or where you have chosen, a password for access to certain parts of our Site, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone.  We advise you to be careful about giving out information in public areas of the Site like message boards.  The information you share in public areas may be viewed by any user of the Site.

General Terms and Conditions

1 General Terms and Conditions, offer and agreement

1.1 These General Terms and Conditions are available in English.

1.2 In these General Terms and Conditions ‘LEVeL’ means any entity belonging to the LEVeL group of companies making use of these General Terms and Conditions including Governance Management S.A.

1.3 These General Terms and Conditions shall apply to all offers, legal relationships and agreements for the supply of goods and/or services of whatever nature by LEVeL to Customers. In these General Terms and Conditions, ‘Agreement’ means any agreement, whether orally or in writing, made by LEVeL with Customers. No deviations from or additions to these General Terms and Conditions shall be valid unless expressly agreed and in writing.

1.4 All offers and other statements by LEVeL shall be free of engagement unless expressly stated by LEVeL otherwise in writing. Customers warrant the accuracy and completeness of the measurements, requirements, performance specifications and other data on which LEVeL bases its offer and which have been stated by or on behalf of the Customer to LEVeL.

1.5 The application of the Customer’s purchasing or other terms and conditions is expressly rejected.

1.6 If any provision of these General Terms and Conditions is null and void or annulled, the other provisions hereof shall remain in full force and effect.

2 Price and payment

2.1 All prices shall be exclusive of value added tax (VAT) and any other levies imposed by the authorities.

2.2 Failing any specific conditions, LEVeL shall be entitled to adjust the prices and rates yearly on January 1.

2.3 Failing any specific terms, the Customer shall pay within thirty days from the invoice date. The Customer shall not be entitled to set off or to suspend a payment.

2.4 In the event that the Customer fails to pay the amounts due in a timely manner, the Customer shall owe legal interest thereon from the date of maturity without any written demand or notice of default being required. In case the Customer, after written demand or notice of default, fails to settle the claim, LEVeL shall be entitled to charge to the Customer all (extra-) legal costs relating to the collection of the amounts then due.


3 Confidentiality, non-solicitation and privacy

3.1 All information supplied by one party to the other party which the other party knows or should reasonably know to be of a confidential nature, including in any case all products, as meant in Clauses 6.1 and 7.1,made available to the Customer by LEVeL, shall be treated as confidential information. The party receiving the confidential information undertakes to use this information only for the purpose for which it is supplied.

3.2 LEVeL undertakes to take whatever measures may reasonably be required of the same in order to secure all confidential information received by it or its employees from the Customer. LEVeL shall observe all reasonable instructions from the Customer relating thereto.

3.3 Neither party shall, without consent of the other party, for the duration of an agreement and for one year after termination thereof employ or solicit employment of any employees of the other party who were involved in the execution of that agreement, or have such employees work for the same either directly or indirectly.

3.4 The Customer shall indemnify LEVeL against claims by persons whose personal data has been recorded or processed in connection with a registration of persons maintained by the Customer or for which the Customer is responsible under law or otherwise, unless the Customer proves that the facts underlying the claim are solely imputable to LEVeL.

4 Retention of title and rights

4.1 Title to all objects supplied to the Customer shall rest with LEVeL until all amounts payable as well as all other amounts which the Customer owes due to a breach of its payment obligation, have been paid in full to LEVeL.

4.2 As the case arises, rights shall always be granted or transferred to the Customer on condition that the agreed considerations are paid in time and in full by the Customer.

5 Risk

The risk of loss or theft of or damage to objects products, software or data which are the subject of an agreement shall pass to the Customer at the moment when such objects are actually placed at the disposal of the Customer or a contracted party used by the Customer.

6 Third party products

6.1 If and insofar as LEVeL provides the Customer with products of any third parties, the terms and conditions of business of such third parties shall apply with respect to such products and supersede the provisions of the agreement and these General Terms and Conditions. The Customer shall accept said terms and conditions of business of third parties. LEVeL shall send a copy thereof to Customer on request.

6.2 If and insofar as for any reason whatsoever the terms and conditions of business of third parties, referred to in Clause 6.1,shall be deemed not to apply to the relationship between LEVeL and the Customer, or declared inapplicable, the provisions of the agreement and these General Terms and Conditions shall apply.

6.3 LEVeL’s liability for third party products shall in no event exceed that which appears to be recoverable from the relevant third party.

7 Intellectual or industrial property rights

7.1 All intellectual and industrial property rights to any product developed or provided pursuant to an agreement shall exclusively be vested in LEVeL or its licensers. In this Clause ‘product’ means amongst others: analyses, designs, documentation, reports, offers, hardware, software, websites and databases including any preparatory material belonging thereto.

7.2 If and insofar as an agreement does not stipulate otherwise, for products, including the source code thereof, specifically developed for the Customer by LEVeL, the Customer shall be granted an unrestricted,  non–exclusive  right of use for its organisation for an  unlimited period of time,  including

the right to (have a third party) make alterations to such products.

7.3 The Customer warrants that no rights of third parties prevent disposition to LEVeL of any equipment, software, materials intended for websites (visual material, text, music, domain names, logos etc.), databases, or other materials, including design material, for the purpose of use, adaptation, installation or incorporation (for example, in a website).Customer shall indemnify LEVeL against any action based on the allegation that any such disposition, use, adaptation, installation or incorporation infringes any right of third parties.

8 Cooperation by the Customer

8.1 The Customer shall always provide LEVeL in good time with any data or information useful and necessary to the proper execution of an agreement, and always give full cooperation, including permitting access to its buildings. If the Customer utilises its own employees in cooperating in the execution of an agreement, these employees shall possess the necessary know-how, experience, abilities and characteristics.

8.2 The Customer shall bear the risk of selecting, using and applying, in its organisation, the products and the services to be provided by LEVeL, and shall also be responsible for the monitoring and security procedures and proper system management.

8.3 If the Customer makes available software, websites, materials, databases or data, these shall meet the necessary specifications for carrying out the work.

8.4 If the Customer does not provide LEVeL with the data, equipment, software or employees necessary for the execution of an agreement, or does not provide these in time or in accordance with the arrangements made, or if the Customer fails to meet its obligations in any other way, LEVeL shall be entitled to suspend the execution of that agreement in whole or in part, and it shall be entitled to charge the expenses ensuing there from, in accordance with its customary rates, all of this without prejudice to LEVeL’s right to exercise any other legal right.

8.5 In case any employees of LEVeL perform work at the Customer’s location, the Customer shall arrange, free of charge, for the facilities reasonably required by such employees, such as a workroom with proper computer equipment and telecommunication and data communication facilities.

8.6 If, in executing an agreement, telecommunication and/or data communication facilities, including the Internet, are used, the Customer shall be responsible for properly selecting these and making them available in a timely and sufficient manner. LEVeL shall observe all reasonable instructions from the Customer relating to this use. LEVeL shall never be liable for damages or expenses due to transmission errors, malfunctions or the non-availability of these facilities.

9 Delivery periods

All delivery or other periods stated or agreed by LEVeL have, to the best of its knowledge, been fixed on the basis of the data that were known to LEVeL on entering into an agreement. LEVeL shall make commercially reasonable efforts to observe agreed delivery and other periods as much as possible. The mere fact of any stated term (of delivery) being exceeded shall not constitute default made by LEVeL. LEVeL shall not be bound by any terms (of delivery) which can no longer be met due to circumstances beyond its control which have occurred after the agreement was concluded. If any term threatens to be exceeded, LEVeL and the Customer shall consult together as soon as possible.

10 Termination of the agreement

10.1 Each of the parties shall only be entitled to terminate an agreement if the other party, after being given proper written notice of default, as detailed as possible and stating a reasonable period to remedy the failure, imputably fails to meet any essential obligations arising from that agreement.

10.2 Each of the parties may terminate an agreement either in whole or in part in writing with immediate effect and without notice of default, if the other party is granted a (provisional) moratorium on payments, if with regard to the other party a bankruptcy petition is filed or if its undertaking is wound up or closed down otherwise than for the purpose of reconstruction or amalgamation of enterprises. The party thus terminating an agreement shall never be obliged on account of this termination to refund funds already received or to pay damages. In the event of the Customer’s liquidation, the right to use products provided to Customer shall be extinguished by law.

10.3 If at the time of such rescission of an agreement, referred to in Clause 10.1, the Customer has already received any performance in the execution of the agreement, such performance and the payment obligation connected therewith shall be incapable of being undone unless the Customer proves that LEVeL is in default with respect to such performance. Any amounts invoiced by LEVeL before the rescission in connection with any work or products already performed or delivered by the same in execution of the agreement shall remain fully due subject to the provision in the preceding sentence and shall become immediately payable upon rescission.

11 Public references

The Customer hereby authorises LEVeL to make public reference to the Customer’s selection of LEVeL’s service and the nature of the services provided. Subject to the Customer’s prior written consent, LEVeL may publicly refer to the solution implemented or to be implemented by LEVeL and may write and publish a high level profile discussing the reasons supporting the Customer’s choice of LEVeL’s solution and the benefits gained there from by the Customer.

12 Governing law and disputes

12.1 The agreements between LEVeL and the Customer shall be governed by the laws of the Grand Duchy of Luxembourg.

12.2 Disputes that might arise between LEVeL and the Customer in connection with any agreement concluded between LEVeL and the Customer, will fall under the responsibility of the courts of the Grand Duchy of Luxembourg.

12.3 If a settlement cannot be reached within sixty days after the dispute has been reported by a party to the other party, each party is entitled to submit the dispute to the competent court in Luxembourg.