MCMP.BE
General Terms & Conditions of Use
Website

Date : 12 November 2022

It is important that you read these Terms and Conditions of Use carefully before using our Website.

MCMP.BE invites you to download these Terms and Conditions in PDF format before giving your acceptance to ensure that you give your express consent freely, without any haste, having read and understood all the terminology used.

If you use the Website in any way whatsoever, you undertake to comply with the content of these Terms and Conditions of Use which constitute a Contract between MCMP.BE and yourself.

In the event of total or partial refusal of the provisions of these Terms and Conditions, you must inform MCMP.BE at the address gdpr@mcmp.be of the provisions with which you disagree. A total refusal could make the execution of the services impossible.

Foreword

The website https://beta.mcmp.be/ (the “Website”) is put online by Evidence SA, a limited company established at 62, Avenue de la Liberté, L-1930 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B51151 and represented by its currents directors (hereinafter referred to as “Evidence“).

Article 1. Object

Under the terms of these General Terms and Conditions of Use, Evidence makes available to any individual using the Website (hereinafter the “User“) :

  • a Website allowing to consult various information relating to MCMP.BE and the services it offers ;
  • possibility to download an Application, intended for Users subscribed by Paying Users / Guest Users / Test Users, offering services, namely :
    • 1. Evidence a training session : tool that allows to follow a way from a starting point to one or several points.
    • 2. Map my road: tool that allows users to identify a way and to keep evidence.
    • 3. Print my map: tool that allows the printing of a road.
    • 4. Document my “Carnet”: tool that allows to issue reporting with objective to justify training sessions.
    • 5. Play and Gamification : a module that allows the users to communicate the training sessions with the community.

    All or part of these services can be accessed via a connection to a highly secure area dedicated to the User.

    In specific, personal, property and/or tax information are strictly confidential.

    Article 2. Access to the Website

    • - User account

    There is no obligation to create an account for using the Website. However, in order to use the applications developed by Evidence, an appropriate registration should be done directly in the application.

    The User expressly acknowledges and accepts that the Website is designed and intended for restricted personal/family use. Subject to reasonable care and diligence, MCMP.BE shall not be liable for the disclosure of confidential information or losses resulting from unauthorized use of the User’s account and failure to comply with these rules of use.

    The User agrees that MCMP.BE may store and use the registration data on the Website provided by the User. Details on data storage can be found in MCMP.BE’s Privacy Policy available on the Website.

    Users have the right to access, rectify, modify and delete data concerning them personally. These rights may be exercised by post to Evidence SA at 62, Avenue de la Liberté, L-1930 Luxembourg or by electronic means at : gdpr@mcmp.be

    • - Connection

    Any User may connect to the Website free of charge in order to consult the information published.

    The User is informed that the Website is accessible in SAAS (software as a service) mode and that access is made on his/her equipment, whether personal or made available by his/her employer (computer, digital tablet, smartphone, etc.), on his/her own internet access network (or that of the employer if applicable) compatible with the Website and under his/her own responsibility. Telecommunications costs enabling access to the Website and are the responsibility of the User (or his employer, as the case may be), as well as the communication costs incurred by their use.

    The User acknowledges and accepts that it is his or her responsibility to meet the conditions for the proper functioning of the Website.

    • - Restriction of use

    The User agrees to use the Website only for the purposes allowed by these Terms and Conditions and in accordance with applicable laws and regulations or generally accepted practices.

    If the use of the Website by the User, or any other behaviour by the User, intentionally or unintentionally threatens MCMP.BE’s ability to maintain the Website and the confidentiality of the information attached thereto, or any other system, MCMP.BE may take all reasonable measures to protect the Website and/or preserve the stored confidential information, including the immediate suspension or termination of the User’s right of access to the Website.

    • - Availability of the Website

    The Website or any feature or part thereof may not be available in all countries. MCMP.BE does not guarantee that the Website or any feature or part thereof is appropriate or available anywhere. The User chooses to access and use the Website on its own initiative and is therefore responsible for acting in accordance with any applicable law.

    It could be that a regular update is necessary in order to adapt the content to new laws, regulations and tax interpretations in application, the service may not be available during few days per year in order to guarantee optimal quality.

    • - Cookies

    MCMP.BE wishes to inform the User in a clear and transparent manner on the use of cookies when browsing the Website.

    A cookie is a small text file stored on the hard disk of the User’s terminal (computer, tablet, mobile) by means of their browser software when consulting the Website.

    This means that a cookie is sent to MCMP.BE each time the User opens a page on the Website from his/her computer, tablet or mobile device. The cookies recorded by MCMP.BE or third parties when the User visits the Website do not personally recognize the User as an individual, but only recognize the device that they are currently using. Cookies do not store any sensitive personal data but simply provide information about the User’s browsing so that the User’s device can be recognized at a later date.

    Cookies do not cause any damage to the User’s device, but make it easier to find their preferences, to pre-fill certain fields and to adapt the content of MCMP.BE’s services.

    MCMP.BE cannot be held liable for any damage whatsoever resulting from or originating from cookies on the User’s device.

    Only the User chooses whether he wishes to have cookies stored on his device and the User can easily control the storage of cookies. Refusal to accept cookies will hinder the User’s free consultation of the Website and/or the Application.

    • - Absence of transfer of rights

    Nothing in these Terms and Conditions shall have the effect of conferring on the User any interest, title or licence in or to any identifier of the Website, domain name, email address or similar resource used by the User in connection with the Website.

    Article 3. User’s obligations

    Access to the Website as well as the consultation of the information it contains, as well as any interpretation that may be made of it, are carried out under the sole responsibility of the User who undertakes to make strictly personal and non-commercial use of it and not to reproduce it for a third party not belonging to the household (unless the User is subscribed by his company for professional use of the services).

    In particular, the User undertakes not to harm or attempt to harm the integrity or security of the Website. In this respect, the User undertakes to scrupulously comply with the following rules:

  • not to download, display or transmit in any way whatsoever any content likely to undermine the integrity or confidentiality of the systems and data of MCMP.BE, other Users and third party service providers;
  • not to extract data appearing on the Website in order to make an unauthorized re-use;
  • not to copy, modify, in particular by decompiling, merging into another software or determining, the source code, algorithms, structure or organisation underlying the Website>

    • In addition, the User must take all necessary measures to safeguard by its own means the information it deems necessary from its account since MCMP.BE will not provide it with any automatic copy, in particular upon termination at its own initiative, that of its Employer or that of MCMP.BE or for any other reason.

    MCMP.BE declines all responsibility in the event of the User forgetting (whether voluntarily or involuntarily) information on a way not declared by the User as well as any unreal seizure with the aim of reducing his tax burden (or that of his household).

    Article 4. MCMP.BE’s obligations

    MCMP.BE devotes, within the limits of reasonableness, all the means at its disposal in order to ensure continuity of access to the Website and to allow the optimal use thereof. MCMP.BE’s commitment results from a simple obligation of means.

    MCMP.BE ensures that its software is constantly updated by doing its utmost to offer the highest degree of relevance and reliability in its field.

    MCMP.BE also reserves the right to suspend access to its Website at any time in the event of interventions such as software maintenance and upgrades, hardware maintenance and development, or content updates, within a period of time determined by MCMP.BE in order to maintain an optimal service.

    MCMP.BE may put online hypertext links that may refer Users to websites published and managed by authorised third parties. MCMP.BE does not exercise any control or supervision over these third parties. It cannot be held liable for the content and services made available on third party sites, for any security or integrity problems with the User’s data, hardware and software, or for any consequences or damage that may result from the use of these applications and/or third party websites.

    Article 5. Deleting the User’s Account

    • - At the initiative of the User

    The User may request the deletion of his Account or stop using the Website at any time. To delete his Account, the User must make a request by post to Evidence SA at 62, Avenue de la Liberté, L-1930 Luxembourg or by e-mail to gdpr@mcmp.be.

    MCMP.BE cannot guarantee the User’s documentation service:

    • 1. For any session deleted at the request of the User. In this case, it should be specified that the deletion of a session is an irreversible process;
    • 2. For all sessions if the User has requested the deletion of his Account. In this case, it is advisable to specify that he will no longer have access to the Application by means of its identifier. This operation is irreversible.

    In all other cases, the User is informed that its data is kept and secured by MCMP.BE for a period of three (3) years following the year of use (n+53 in order to ensure that the User and MCMP.BE are able to respond to any retroactive request by a competent authority when required or authorised by law.

    Beyond the three (3) year limitation period MCMP.BE will not be able to provide the documentation follow-up service.

    • - At the initiative of MCMP.BE

    The User may at any time, without prior notice, immediately delete or suspend all or part of the User’s Account or access to the Website in the event of unexpected technical or security problems that may compromise the security of confidential information linked to the User. Such deletion or suspension shall be carried out by MCMP.BE at its sole discretion and MCMP.BE shall not be held liable to any person for any damage that may result from such deletion or suspension.

    Article 6. Privacy

    MCMP.BE undertakes to respect the utmost confidentiality of information relating to the User for the entire duration of the existence of his/her account on the Website, including during the data retention period once the User’s Account has been deleted.

    In particular, with regard to Confidential Information (as defined below), subject to article 10 of these General Terms and Conditions, MCMP.BE undertakes to:

  • not to use them for other purposes than the execution of the present contract;
  • not to communicate them to authorized intermediaries (legal service provider, financial advisor, medical/coaching service provider), in any way whatsoever, without the prior written consent of the User concerned;
  • preserve its confidentiality by applying provisions similar to those it usually uses to protect its own confidential information;
  • ensure that the subcontractors (e.g. an IT service provider) with which it would be called upon to collaborate respect the same constraints.

    • “Confidential Information” as used herein shall mean all information of any nature and in any form whatsoever communicated by either Party to the other Party, or which comes to the knowledge of either Party in the course of the performance hereunder (including the User Sessions), whether or not such information relates to the subject matter thereof, is or is not the property of the other Party.

    Notwithstanding the above provisions, MCMP.BE may access the Confidential Information for the sole purpose of properly providing its services, namely:

  • for assistance and helpdesk purposes;
  • for the purposes of maintenance, improvement or verification of the results (technical, tax, legal) presented by the Application to guarantee the reliability of the service ;
  • for anonymized statistical purposes.

    • MCMP.BE may allow access to the Confidential Information to authorized third parties, in particular IT service providers, on the condition that such access is essential for the implementation and/or maintenance of the Services offered by the Website and the Application.

    In all cases, MCMP.BE undertakes to process and record access to the Confidential Information in accordance with the provisions of the GDPR, Regulation 2016/679 known as the General Regulation on Data Protection, which is the reference text on the protection of personal data within the European Union.

    The Confidential Information (non-anonymized personal data) may not be communicated to unauthorized third parties for commercial purposes or for any use not authorized hereunder.

    It is reminded that the secrecy of correspondence (private correspondence being defined as any message exclusively intended for one or more natural or legal persons, determined and individualized through an email exchanged between two or more correspondents, from a messaging service) is not fully guaranteed on the Internet network and that it is up to each User of the Website to take all appropriate measures to protect his or her own data.

    Article 7. Liability

    The Website is a mean intended to help the User in his interactions with different service providers. It is in no way intended to replace the User’s appreciation or judgement.

    The Website is accessible in principle 7 days a week and 24 hours a day, except in cases of force majeure, difficulties linked to the structure of the telecommunications network, updates or technical difficulties.

    Similarly, MCMP.BE does not guarantee the quality of the communication links with the User and cannot be held responsible for any failures or malfunctions observed on the communication networks used.

    Under no circumstances may MCMP.BE be held liable for the consequences, of any nature whatsoever, related to any documents that may be generated by the Website and/or one of its functionalities, on the basis of information transmitted by the User.

    The functionalities offered by the Website comply with Belgian and Luxembourg legislation applicable to MCMP.BE.

    MCMP.BE’s duty of care is based on an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.

    Under no circumstances may MCMP.BE be held liable for any damage suffered by the User – or by persons to whom the User has voluntarily or involuntarily allowed access to the Website and/or the Application – due to an event beyond the exclusive control of MCMP.BE, and in particular for any damage falling within the scope of:

  • the authenticity, accuracy or relevance of the information sent to MCMP.BE by the User;
  • and/or the inappropriate use, whether or not it is wrongful, of the Website and/or the Application by the User;
  • and/or a malfunction of the hardware and/or software used by the User to access the Website and caused – among other things – by a virus, a security flaw, spyware, a rootkit, a server problem, etc., regardless of the person or computer system that suffers the said damage;
  • and/or a suspension or disruption of access to the Website and resulting from the action of a third party and/or a case of force majeure including in particular labour disputes (strike, lockout, etc.) within MCMP.BE or any subcontractor involved in the perfect availability of the Website and;
  • and/or the temporary inability to consult the sources of information accessible from the Website via links to other websites.

    • MCMP.BE cannot be held liable to these same persons for any indirect damage. Its liability is in any event limited to the direct prejudice caused by the Website under:

  • any disruption in access to the Website by the User due solely to a fault on the part of MCMP.BE proven by the User;
  • and/or damage resulting from the consultation of the Website and/or the use of the information contained therein;
  • and/or damage caused by the Website to the computer system used by the User to access the said site.

    • In addition, MCMP.BE cannot be held liable under any circumstances when there is:

  • fault, negligence, omission, non-use of the Service or failure of the user;
  • entering incorrect data or fraudulent use of the Service with the aim, in particular, of paying less tax;
  • force majeure, events or incidents beyond MCMP.BE’s control such as strikes, social unrest, public calamities, fires, etc. … ;
  • fault, negligence or omission of a third party or an intermediary (provider of various services: brokers, advisors, etc.) over which MCMP.BE has no control or supervision;
  • in the event that the User requests the tax follow-up service (within the time limit set – see point 4) and provided that it provides proof that it has done everything possible to rectify the situation, MCMP.BE shall in no way be held liable for the non-acceptance by the Direct Tax Administration of the said rectification.

    • MCMP.BE reminds that the appropriate/concerned authorities retain the power to interpret the documentation and cannot guarantee that the interpretation will lead to results that are perfectly identical to the expected reporting. MCMP.BE can in no way be held liable in the event of an error committed by the Authorities or the adoption of a different interpretation or the adoption of a new jurisprudence / interpretation by the latter which would lead to a result different from the one expected.

    Article 8. Guarantee of compensation

    The User shall indemnify and hold harmless MCMP.BE, its representatives, employees and partners from and against any loss, damage, expense, cost, action, claim, suit, litigation, obligation, demand and liability that may be brought by a third party for (i) any use by the User of the Website as well as (ii) any breach by the User of these Terms and Conditions.

    Article 9. Intellectual Property

    Evidence is the owner of the Website (presentation and content including, but not limited to, the source code of the Website fixed or automatically generated pages, photos, drawings, illustrations, sounds, videos, names, brands, logos, databases, software, algorithms, etc.).

    All of these elements are protected by Luxembourg intellectual property law, with the exception of any rights that third parties may have over some of these elements.

    Subject to the express reservation of the legal provisions on the subject and/or prior written authorization from MCMP.BE, any copy, representation, distribution or redistribution, modification in whole or in part, sale, resale, retransmission or making available to third parties, in whole or in part, of the content of the Website on any medium or by any process whatsoever would constitute an infringement likely to engage the civil and criminal liability of the infringer.

    Any content reproduced and/or disseminated pursuant to a legal provision or prior written authorization from MCMP.BE must contain identical copyright notices, other legends and information concerning the registered trademarks appearing on the original, as well as the source, quoting the internet address (URL) of the page and the mention “© MCMP.BE”.

    Article 10. Data security

    MCMP.BE takes all useful precautions in view of the current state of technology and the nature of the data processed and stored in order to preserve the security and integrity of this data and, in particular, to prevent it from being altered, lost or accessed by unauthorized third parties.

    MCMP.BE or its service providers keep all data on secure databases that are backed up regularly and that meet the highest standards imposed for the confidentiality and integrity of tax data.

    MCMP.BE may use third party service providers located outside the European Union (e.g. an IT service provider for cybersecurity certification of the Application). These service providers guarantee limited and verified access to personal and/or confidential data by authorized persons only. The server of these partners may be located outside the European Union, as long as data security is preserved.

    Article 11. Personal data

    Where it is responsible for processing personal data, MCMP.BE is required to collect personal data (i.e. any information, of any nature whatsoever, including of a tax nature, relating to an identified or identifiable individual) directly from the User. These data are recorded in the information systems of MCMP.BE and/or its sub-contractors.

    Electronic data in the form of files may also be collected and/or deposited on the User’s computer system for the purposes of managing his/her connection and browsing on the Website and/or the Application. The User may refuse the use of these files (also known as “cookies”) via the configuration of his Internet browser.

    Adherence to these Terms constitutes express consent by the User to the processing of personal data concerning him/her as described in this article, some of this data being mandatory for the processing of the User’s requests.

    The data collected are, in particular, intended to be used to analyse the User’s tax and/or wealth situation.

    The following data: surname, first name, email address, password and location data are automatically collected and saved by browsers (“Server-log-files”). Data may be freely transferred for the purposes of statistical analysis, security and improvement of the service offered by MCMP.BE and its partners. Indirectly nominative data for statistical purposes may also be collected for the purposes of managing the connection and browsing of the User.

    The personal data collected may only be communicated by MCMP.BE to authorized third parties to the extent strictly necessary for the proper functioning of the Website. These communications may also be intended to ensure the security of computer networks and transmissions or to meet legal obligations to which MCMP.BE is subject.

    The data collected may also be communicated to third parties (judicial authority or national regulator) when required or authorized by law.

    The User concerned by such processing has the right to access, rectify and delete personal data concerning him/her, as well as the right to request that inaccurate, incomplete or outdated data be rectified, updated or deleted and to oppose, subject to the provision of a legitimate reason, the processing of personal data concerning him/her.

    However, this opposition may result in MCMP.BE being unable to provide the services described herein. These rights may be exercised by contacting the data controller by email at gdpr@mcmp.be or by post to the attention of : Evidence SA – Direction – 62, Avenue de la Liberté, L-1930 Luxembourg.

    MCMP.BE ensures the protection of the User’s personal data in compliance with Luxembourg and European legal and regulatory requirements and refers to Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data in force since 25 May 2018. MCMP.BE also refers to the amended Act of 30 May 2005 on specific provisions for the protection of individuals with regard to the processing of personal data in the electronic communications sector as amended by the Act of 7 July 2007.

    MCMP.BE requires the User to read the terms of the Privacy Chart carefully and completely to fully understand it; it can be accessed directly by clicking on the following link https://beta.mcmp.be/privacy.

    In accordance with Regulation (EU) N°2016/679, MCMP.BE undertakes to notify the National Commission for Data Protection of the Grand Duchy of Luxembourg of the breach within 72 hours following the discovery of a breach of security and privacy of personal data. MCMP.BE further undertakes to inform the affected User provided that the incident observed is likely to adversely affect the level of protection of his privacy and data.

    Article 12. Contact of the User

    MCMP.BE may contact the User via the Website by email and/or by telephone whenever the proper functioning of the Website justifies, as well as whenever MCMP.BE needs to establish contact with the User, for any reason whatsoever, insofar as its obligations under these terms and conditions so require.

    Article 13. Convention of proof

    In order to record registration and acceptance of these Terms and Conditions and future amendments, MCMP.BE and its IT service providers have a computer system storing this information (identification of persons, principle of acceptance, etc.) in a database.

    The User acknowledges that all data communicated by the User (or the members of his/her household in his/her charge) and stored by MCMP.BE and its IT service providers shall be considered as proof and shall be deemed authentic in its relations with the latter.

    Article 14. Amendments to these General Terms and Conditions of Use

    The relationship between the User and MCMP.BE is always governed by the latest Conditions in application on the day the User uses the Website and/or the Application.

    MCMP.BE reserves the right to amend these General Terms and Conditions at any time and to impose new or additional Terms and Conditions concerning the use of the Website. In the event of a change to these General Terms and Conditions, the User will be notified of this update. However, the User may terminate his Account by email with acknowledgement of receipt within one (1) month from the notification of the modification of the General Terms and Conditions. If the User does not make use of this termination option within the period granted, he is deemed to have accepted the modification of the General Terms and Conditions of Use. The User accepts that MCMP.BE shall not be liable to the User or any third party for any changes to the Terms and Conditions or the termination of the Website.

    Article 15. Nullity of clause

    The nullity of one of the clauses of the present General Terms and Conditions of Use in no way affects the validity of the other clauses of the present General Terms and Conditions of Use.

    Article 16. Applicable law and jurisdiction

    These General Terms and Conditions of Use are governed by Luxembourg law.

    Any dispute concerning them is subject to the exclusive jurisdiction of the Luxembourg courts of and in Luxembourg City.