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FOYER ASSURANCES S.A. (hereinafter “FOYER") has developed and operates an application by the name of “MyFoyer" (hereinafter the “APP"), the purpose of which is to allow FOYER clients, as users (hereinafter the “USER") to enjoy complimentary use of a tool:
all of these features hereinafter referred to as the “SERVICE".
FOYER has been appointed by FOYER SANTÉ S.A. to ensure that the SERVICE offered through the APP also includes features related to the contracting and management of insurance policies that the USER takes out, if applicable, with FOYER SANTÉ S.A. Within the scope of these General Conditions of Use (hereinafter the “GCU"), the term FOYER shall be understood to mean both FOYER and, if applicable, the appointing company.
The purpose of this GCU is to establish the nature, terms and conditions of use of the SERVICE and to define the rights and obligations of all USERS of the APP.
1. Acceptance of and Amendments to the GCU
The USER is hereby informed that he or she may only benefit from the SERVICE offered by FOYER provided that he or she accepts this GCU without reservation. The USER shall accept this GCU through a process that ensures the integrity of his or her consent. The USER is:
(1) invited to read this GCU
(2) invited to accept this GCU through an act on the USER's part employing a technique known as “clicking" for an internet user, and “tapping" for a smartphone app user. By clicking the “ACCEPT" box, the USER states that he or she accepts all provisions of this GCU, which may be invoked against him or her from that moment forward.
In any event, any use of the SERVICE by the USER constitutes acceptance of the GCU currently in effect without reservation.
FOYER reserves the right to make any amendments to this GCU that it deems necessary and useful. The USER shall be invited to read the amended GCU and to accept or refuse it. Refusal shall automatically lead to the USER being unable to access the SERVICE.
2. DESCRIPTION OF THE SERVICE AND ITS OPERATION
FOYER shall provide the USER with a tool enabling the USER to consult and inspect certain personal information held by FOYER and enabling FOYER, if applicable, to correspond with the USER to implement the contractual relationship binding FOYER and the USER.
Through this SERVICE, the USER will be able to define certain confidentiality criteria for the use of the APP as well as the applicable language for consulting said APP.
FOYER shall provide the USER with a tool enabling the USER to consult data relating to his or her insurance intermediary(ies), and in particular, all useful information enabling the USER to contact his or her intermediary(ies).
The purpose of this tool is to allow FOYER's customers, as USERS, free use of a claim notification tool enabling direct remittance of the relevant documentation. The tool offered by FOYER is intended solely to provide the USER with a smartphone application that assists with claim notification, complementing the claim settlement procedure as provided for by the applicable laws and regulations as well as the insurance policy terms.
The tool may only be accessed by FOYER customers, i.e. all policyholders who have taken out an eligible health insurance policy with FOYER. By extension, all insured specified in an insurance policy may also access the APP. However, the USER must be an adult and one of the physical persons insured. .
The APP enables the USER to capture images in photo format of all documents needed for notifying a claim and send them directly to the FOYER claims department. The USER is the sole owner of the data he or she transmits to FOYER through the APP.
After accepting the GCU without reservations, the USER may create a request for reimbursement of medical costs. The USER may take a photo of the documents necessary for his or her request.
The USER may edit the document and do the retouching necessary for obtaining a readable document. He or she must then specify whether this is a CNS deduction (yes/no format), then validate the request for reimbursement. A comment directed at FOYER may also be entered by the USER.
The USER may add other documents at the request summary stage.
The USER is aware that the mere act of sending documents to the FOYER claims department does not constitute acceptance of compensation, even tacit acceptance.
The USER is aware that use of the SERVICE is valid as a claim notification within the meaning of the amended Act of 27 July 1997. Any false claim notification may lead to penalties pursuant to the provisions of the law named above and the insurance policy.
The act of validating a request for reimbursement does not imply that it will be accepted by FOYER. Only the general, special and specific conditions agreed to between the USER and FOYER shall govern the conditions of compensation.
The APP also provides the USER with access to a consultation feature enabling him or her to monitor current or processed claims. With regard to claims in process, if applicable, the USER will be able to complete his or her request by adding any information or documents which are useful and/or necessary for managing the request being processed. The USER retains the option of completing his or her request by any other means that are convenient, and in compliance with the applicable laws, regulations and insurance policy terms.
The USER will also be able, through the APP, to initiate requests for payment when such requests are made necessary in accordance with the terms of the insurance policy binding FOYER and the USER. The USER may also access information on the follow-up of current or processed requests for payment.
Whilst using this tool, the USER may receive electronic mail at the e-mail address he or she had provided to FOYER beforehand.
Through the app, FOYER shall provide the USER with a tool allowing him or her to view the follow-up of his or her Motor and Home insurance claims, including insurance inclusions and other packages the USER has taken out with FOYER.
The tool may only be accessed by FOYER customers, i.e. all policyholders who have taken out an eligible Motor and/or Home insurance policy with FOYER. The USER must be an adult and the physical persons insured. .
The USER may access useful information relating to certain stages of current claims and, if applicable, claims completed with FOYER.
FOYER shall provide the USER with a telephone assistance tool which may be activated in case of emergency. The concept of emergency shall be at the USER's discretion; he or she undertakes to interpret this concept with all reasonable and usual care.
FOYER reserves the right to define what is meant by a “case of emergency". Should this be the case, FOYER shall amend this GCU; the new version shall then be subject to acceptance by the USER pursuant to and in compliance with Article 1 of this GCU.
The tool may only be accessed by FOYER customers, i.e. all policyholders and/or persons insured who have taken out an eligible Motor, Home and/or Health insurance policy with FOYER. The USER must be an adult and one of the physical persons insured. .
In accessing the APP, and by simply clicking the “Emergency Response" button, the USER has the ability to request that FOYER, or any service provider appointed by FOYER, respond to the USER within a short period of time; FOYER reserves the right to pinpoint and/or adjust either the mobile telephone number defined beforehand at the time the APP was installed on the USER's mobile telephone, or any other telephone number, which must be given by the USER at the time the “Emergency Response" tool is used.
The USER is hereby informed that the telephone assistance service provided will fully and constructively achieve its purpose when the geo-location function of the mobile telephone is activated. Said activation may take place either at the time the APP is installed on the mobile telephone or at the time the tool is used. In the latter case, at the time the tool is activated, the USER will again be asked if he or she agrees to activate the geo-location function.
The tool offered takes into account the needs occasioned by the emergency encountered by the USER, i.e. Health, Home or Motor. The USER will also be asked to indicate whether the emergency encountered includes the presence of injured persons. Should this be the case according to the USER's statements, FOYER cannot intervene in place of professionals dedicated to emergency services. The USER will then be invited to contact emergency services by calling “112".
When the USER activates the “Emergency Response" button, FOYER indicates how much time it will take to contact him or her. Until this period expires, the USER has the option of cancelling his or her request at any time. In the absence of a response within the established period communicated to the USER, FOYER undertakes to provide the USER with a telephone number allowing the USER to contact a service that can admit his or her request and, if applicable, provide the USER with assistance in the emergency evoked.
The USER is hereby informed and apprised of the need to have access to the internet with a signal that allows for convenient use of the “Emergency Response" tool. In the absence of such a network, telephone assistance cannot be activated, and FOYER cannot under any circumstances be held liable for the direct and/or indirect consequences of the USER's inability to use said tool.
In the absence of an adequate internet connection, a message advising the USER to call “112" shall be displayed on the mobile telephone screen.
FOYER undertakes to employ best practices to provide the telephone assistance service mentioned above. However, FOYER does not in any way have an absolute obligation in its performance of this service – only a best endeavours obligation. FOYER cannot be held liable in any way for the direct and/or indirect consequences that may arise from a failure, interruption or unavailability of the service for any reason whatsoever.
3. ACCESS TO THE SERVICE AND ASSISTANCE
Access to and use of the APP requires possession of a compatible telephone or mobile device and access to the internet. The APP may be downloaded for free from the “Apple Store" and “Google Play Store" platforms on the following mobile devices:
The APP's software version may be updated from time to time to add new features and services and to improve existing services.
Once the APP is installed, the USER simply logs in using his or her credentials after these are in his or her possession. The USER receives these credentials in becoming an account holder in the FOYER Client Area (hereinafter the “FCA"). In this case, these credentials are the USER's customer number as well as his or her password (which the USER chooses himself or herself at the time his or her FCA is activated).
In the absence of such credentials, the USER may create an account by clicking the “Create an Account" button.
When using the APP or creating an account, the USER undertakes to provide information that is as true, accurate and complete as possible.
Under normal use of the APP, and in the event that the USER encounters technical difficulties, FOYER offers an IT hotline service. This service is reachable by e-mail at email@example.com or by telephone on +352 437 43 34 34 from 7.15 a.m. to 6 p.m., Monday through Friday.
Access to and use of the APP require the use of a valid electronic mail address as well as an associated password. Use of the APP is strictly personal. The USER's electronic mail address and password are personal and confidential. The USER undertakes to keep secret his or her password or any other data used to identify him or her on the APP, and not to disclose this information to any third party whatsoever for any reason whatsoever. The USER is responsible for protecting the confidentiality of the password allowing him or her to access the APP and, if applicable, to use the mobile device(s) on which the APP is installed.
The USER is responsible for all activities occurring on his or her account or associated with said account. The USER is solely responsible for the consequences of using his or her account and acknowledges that any login, transmissions, changes to or deletions of data carried out using his or her username and password shall be deemed to have been performed by himself or herself.
In the event of any compromise of the USER's confidentiality, use by a third party or fraudulent use of which the USER is aware or which he or she suspects, the USER shall inform FOYER immediately.
4. PERSONAL AND SENSITIVE DATA
During use of the SERVICE, the confidentiality of the data collected is protected by FOYER, which attaches the utmost importance to keeping the transmitted data secure and confidential.
The USER is hereby informed that the act of disclosing his or her authentication credentials is likely to constitute a violation of the GCU of the SERVICE. The USER is aware that this may lead to FOYER being partially or entirely released from liability. The USER shall therefore refrain from holding FOYER liable in the event of damage associated with any use of the disclosed data.
Use of the SERVICE falls within the scope of the insurance policy taken out between the policyholder and FOYER, and as such, the policy terms and conditions relating to personal data shall apply to use of the SERVICE by extension.
As the entity in charge of processing, FOYER shall endeavour to do everything possible to secure the transmission of information to prevent any disclosure to third parties. Due to the inherent risks of every internet environment and of cloud communication, FOYER shall not have any absolute obligation whatsoever in this respect, nor with respect to security.
The USER is aware that the data circulating on the internet or on mobile telephone networks is not necessarily protected, especially against any misappropriation, which the USER expressly acknowledges.
The USER of the service shall be informed of the options for accepting or refusing offers, information and newsletters from FOYER.
This consent is expressly and freely given in accordance with EU Regulation 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.
Any fraudulent access, manipulation or alteration of the SERVICE, or any attack against the security of the APP, may lead to legal action against the perpetrator, including criminal proceedings.
5. INTELLECTUAL PROPERTY RIGHTS
The SERVICE, brands, logos and the APP and each of its constituent elements are the exclusive intellectual property of FOYER.
This GCU does not confer any property rights to the USER over the SERVICE or any of its components, which remain the exclusive property of FOYER. Provision of the SERVICE shall not be considered as a transfer of property to the USER.
The USER shall refrain from any conduct or action likely to directly or indirectly infringe the intellectual property rights held by FOYER.
The USER is not authorised to partially or entirely reproduce, represent, alter, translate and/or adapt any of the elements constituting the SERVICE, nor may the USER reproduce or represent such translations, adaptations and/or alterations, in whole or in part, without the prior written consent of FOYER.
6. LIABILITY OF THE USER
The USER shall refrain from causing the SERVICE to deviate from its intended purpose, in particular by sending unlawful data or data that would infringe the rights of third parties, or by using the SERVICE for illegal purposes; this list is not exhaustive.
FOYER may under no circumstances be held liable for the harmful consequences of such a deviation from the purpose of the SERVICE. Moreover, it reserves the right to delete any unlawful content or content infringing the rights of third parties upon becoming aware thereof.
The USER undertakes to use the SERVICE in accordance with all provisions set out in this GCU. FOYER, as well as its hosts and technology suppliers, shall not be held liable in the event of damage if the USER has not respected the obligations imposed upon him or her.
Should the USER not respect the provisions of this GCU, he or she undertakes to indemnify FOYER against any complaint, legal action, proceedings or judgment brought against the latter initiated by any third party and for any reason whatsoever.
The USER expressly agrees that use of the APP and the information and tools included therein or accessible through the SERVICE shall take place under his or her own responsibility. The USER is personally and exclusively liable for the computer and telephone hardware, modem and generally any equipment he or she may need which is not provided by FOYER within the context of use of the SERVICE.
7. LIABILITY OF FOYER
FOYER is, in any case, bound to a best endeavours obligation. FOYER cannot guarantee uninterrupted provision of the SERVICE since temporary or total unavailability of all or part of access to the SERVICE is always possible. The USER states that he or she has been fully informed of the nature, constraints, limits and risks of the SERVICE and accepts them.
FOYER shall not be held liable for any misconduct by the USER, nor any fraudulent access to the SERVICE.
The USER expressly accepts and acknowledges that any content sent using the APP is sent under his or her responsibility, and that he or she is fully liable for any damage caused to his or her IT system or mobile telephone and for any loss of data that may result from uploading and sending documents. FOYER shall not be held liable for breaches of confidentiality and the possible harmful consequences thereof for any reason or damages whatsoever.
In any event, FOYER's liability shall be limited to direct damage only, excluding indirect damage, sustained by the USER.
8. APPLICABLE LAW AND COMPETENT COURT
This GCU is governed exclusively by Luxembourg law. In the event of a complaint, the USER may contact FOYER directly by e-mail firstname.lastname@example.org or by post at 12 rue Léon Laval, L-3372 Leudelange. In the event of a dispute that is not settled amicably, the courts of Luxembourg shall have exclusive jurisdiction.
If one or more of the clauses of this GCU are declared null, void or unwritten for any reason whatsoever, the other clauses shall in no way be voided by such (a) defect(s) and shall remain valid.
9. LEGAL NOTICES
FOYER ASSURANCES S.A.
12, rue Léon Laval
Luxembourg Trade and Companies Register: B. 34.237
FOYER ASSURANCES is registered and operates under the supervision of the Commissariat Aux Assurances (Luxembourg Insurance Commission), 7 boulevard Joseph II, L-1840 Luxembourg (website: www.commassu.lu) and is a member of the ACA – Association des Compagnies d'assurances (Luxembourg Insurance and Reinsurance Association), 12 rue Erasme, L-1468 Luxembourg (website: www.aca.lu). An insurance company subject to the provisions of the Act of 7 December 2015 concerning the insurance sector, as well as its implementation provisions. (Legal and regulatory rules available at: www.légilux.public.lu)