Privacy Policy
In order to offer the services of EuRIS, personal data are processed. Therefore, also a privacy policy is provided ,a legal statement that specifies how the data are processed and for what purposes.
By selecting the checkbox provided, you confirm that you have taken note of the General Terms and Conditions of Use and accept these without reservation.
In the text that follows
In the context of THESE GENERAL TERMS AND CONDITIONS, the organisations you can find at https://eurisportal.eu/partners jointly define the purposes and means of the Processing Activities, in GPPR-terms: ‘joint controllers’. Information about data processing in connection with the Services in accordance with Articles 13f GDPR and about the Joint Controllership is available in the Privacy Policy on the website of EuRIS. ”We” (respectively “us” and “our”) refers to the waterway management company De Vlaamse Waterweg nv, with the following company data: De Vlaamse Waterweg, a public limited liability corporation under public law, with registered office at Havenstraat 44, 3500 Hasselt and company registration number 0216.173.309. We are acting on behalf of the joint controllers and provide the Services and are your contract partner.
Amendments
We may amend the provisions of these General Terms and Conditions of Use at any time, such as following changes to its services or to current legislation. The adjusted terms and conditions will apply as from the date of their publication. In the event of major changes, we will inform you personally by email and ask for your consent if needed.
II. PURPOSE OF THE SERVICE
The Service regarding transport on European inland waterways is aimed at the promotion of efficient and safe shipping via the provision of available information such as information on the waterway and on the actual traffic on inland waterways. It collects data from most other national authorities in Europe and provides services at a European level through one Service (e.g. providing the position of vessels on most European inland waterways – irrespective of the country, the vessel is sailing).
The personal data provided is limited to the information relevant to the user profile and the choice approved by the user.
Furthermore, the nature and scope of the provided information shall depend on the manner in which it is consulted (whether or not via a mobile application). If possible and where the relevant basic data are available, a route and itinerary planner will also be provided.
III. DISCLAIMER / LIABILITY / INDEMNIFICATION
We will – to the best of our ability – make all reasonable efforts to ensure that the provided functionality of the Services works as expected and that the provided or displayed information is correct at the time of inclusion for publication, which does not prevent the Service from still containing incomplete, inaccurate or outdated information or mistakes occurring regarding the display of these data or the operation of the provided functionality, also due to the fact that some or all information originates from third parties such as authorities from other European countries. We reserve the right to supplement, modify, correct or remove the provided information or functionality at any time without prior notice. We thus give no guarantees with regard to the accuracy of the information provided.
You often provide the personal data yourself directly to us and can thus exercise a certain level of control over its accuracy and minimisation. In any case, if certain information is incorrect or incomplete, neither we nor the authorities from other European countries bear any liability for possible adverse consequences, also if parts or the entirety of the Services become unavailable as a result.
It is particularly important that you comply with data security regulations, in particular by not giving third parties access to your registration address. You are solely responsible for every visit to and use of the Service through your “account”.
We only bundle information and factual situations supplied and created by third parties such as authorities from other European countries. The Services are not created and compiled for the individual requirements and needs of a particular user. Neither we nor the authorities from other European countries undertake any guarantee and/or liability for the correctness, actuality, freedom from errors or completeness of the Services (e.g. of provided information) as well as for a certain usability of the same or for the availability of the Services. The users of the Service acknowledge this and use the information made available to them at their own risk.
The liability of us as well as of the authorities from other European countries shall in any case be limited to
- intent and severe cases of gross negligence; and
- direct damage as a result of proven and attributable errors in the way in which We compile information and makes it visible.
Further, the liability of us as well as of the authorities from other European countries shall in any case be excluded for
- damage in the form of lost profit, financial or commercial losses, lost production, increased general expenses, increased administrative costs, lost cargo, lost time, lost or damaged data, lost contracts, immaterial damage and lost clientele; and
- damage resulting from the disclosure of information or data to authorities.
Regardless of the nature of the damage and its legal basis, the liability of us as well as of the authorities from other European countries shall in any case be limited to the amount that the user paid during the last 12 months for the EuRIS services, subject to a minimum of EUR 100 per claim.
We may close your user account and deny or partially suspend your right to use the Services in the event of non-compliance with these General Terms and Conditions of Use or any special conditions linked to a specific service. You agree to fully indemnify and hold us and our sub-processors as well as the RIS authorities/providers harmless against any claims from third parties, including but not limited to reasonable (extra)judicial and administrative costs arising from or in connection with the violation of these General Terms and Conditions of Use.
The provisions of this clause apply mutatis mutandis to third party service providers (such as (sub-)processors) and third parties who provide information for the Services, such as authorities from other European countries, as well as to their employees and representatives and the employees and representatives of us.
We as well as the authorities from other European countries shall use their best efforts to ensure the integrity of the data provided and shall take all reasonable technical and organisational measures to prevent the loss, theft, unauthorised alteration or destruction of data. The user acknowledges that when situations of force majeure are the reason for a breach relating to personal data, such as a data leak, this cannot be regarded as a shortcoming on the part of us to take the necessary, appropriate data security measures. You often provide the personal data yourself directly to us and can thus exercise a certain level of control over its accuracy and minimisation. In any case, if certain information is incorrect or incomplete, neither we nor the authorities from other European countries bear any liability for possible adverse consequences, even if parts or the whole of the Service become unavailable as a result. However, it is particularly important that you comply with the data security regulations, in particular by not giving third parties access to your ”account”. You are solely responsible for every visit to and use of the Service through your “account”.
We as well as the authorities from other European countries will not accept any liability if it is in no way responsible for the event causing the loss or damage.
IV. USE OF THE SERVICE
You may use the content of the Service only as strictly required for purposes permitted by us of enhancing the safety and efficiency of the inland navigation of your vessels by using the provided information such as information on the waterway and on the actual traffic on inland waterways. Any other use, publication and/or duplication of the information and details provided by means of the Service without the prior written permission of us is forbidden and is a breach of these General Terms and Conditions of Use, without prejudice to other relevant statutory provisions.
The following forms of use of the Service, inter alia, are not permitted:
- use for commercial purposes for the benefit of third parties, unless written approval has been obtained from us, or an “account” has been created through the Service for this purpose, and the specific conditions of use associated with such an “account” are fully complied with;
- use for purposes whose content is contrary to public order or morality, discriminatory, insulting, defamatory or offensive or otherwise infringes the rights of others;
- display of the information provided through the Service in a manner other than that made available to you by us. You may not edit the information, communicate it to the public or exploit it in any way, nor assist others in doing so as an intermediary or otherwise, except when written approval has been obtained from us, or an “account” has been created through the Service for this purpose and the specific conditions of use associated with such an “account” are fully complied with.
- You are not entitled to “mirror” material from the Service on another server, or website or other platform without the prior written consent of us. The use of the content on any other website or in a computer network environment for any purpose whatsoever is prohibited without the express written permission of us.
- The use of software or any automated system to obtain information from the Services (“screen scraping”) is prohibited. We reserve the right to take all measures it deems necessary in the event of a violation of this prohibition.
- You are not permitted to use the Service in such a way that it is impaired or damaged, for example by uploading computer viruses or other harmful files or by circumventing technical protection and security measures to safeguard, among other things, the integrity and confidentiality of the data provided on through the Services.
- You may not create and/or exploit any links to the Service in a way that is confusing or incorrectly suggests that there is a link between the Service and the website or location that refers to the Service (via a hyperlink or otherwise) unless you have the prior written permission of us.
Some functions of the Service allow or oblige you to create an “account” for participation in or access to additional services or benefits. You agree to provide truthful, accurate, current and complete information during the registration process. You agree that you will not impersonate or misrepresent any other person, group or entity with respect to your identity or your relationship with any other person, group or entity, or use any other person's user name, password, account details, name of any other person, image or photograph, or misrepresent any likeness to any other person. You further agree that you will immediately notify the contact point for questions related to data protection (see our Privacy Policy hereinunder VIII ) of any unauthorised use of your user name, password or other account information, or of any other breach of security with which you are faced and which relates to the Service.
The user is responsible for the vessels that are attributed to him, respectively his account (“claimed vessels”). If the user sells, lets or leases to someone else or otherwise loses or abandons control of a vessel, the user is obliged to delete the vessel from his account.
We may close your user account and deny or partially suspend your right to use the Service in the event of non-compliance with these General Terms and Conditions of Use or any special conditions linked to a specific service. You agree to fully indemnify and hold us and our appointees harmless against any claims from third parties, including but not limited to reasonable (extra)judicial and administrative costs arising from or in connection with the violation of these General Terms and Conditions of Use.
V. LIABILITY
General
Without prejudice to what has already been provided for in the other provisions of these General Terms and Conditions of Use, we and the authorities of other European Countries, which deliver data to us, shall under no circumstances be liable, even in the event of serious misconduct or gross negligence, for any damage resulting from the use of the functionality and information provided on the Service, except in the event of a deliberate fault on its part, since we only bundle information and factual situations supplied and created by third parties such as authorities from other European countries. The Service is only a means to make the information and factual situations supplied and created by third parties available without any responsibility for us or the authorities of other European Countries, which deliver data to us, for the accuracy, completeness or usability of this information.
If several parties are involved in the claim, we as well as the authorities of other European Countries, which deliver data to us, shall only be liable to the extent that its share in the liability is proven.
Neither we nor the authorities of other European Countries, which deliver data to us, are responsible for intent or gross negligence on the part of its employees or third parties, including other users of the Service who have provided information.
The user of the Service remains responsible at all times for the use of the waterways, the infrastructure present there, as well as for his vessel and the way it is being used, its cargo and persons on board.
The liability of us and/or the authorities of other European Countries, which deliver data to us, shall in any case be limited to direct damage as a result of proven and attributable errors in the way in which the Service compiles information and makes it visible, and in any case to the exclusion of damage in the form of lost profit, financial or commercial losses, lost production, increased general expenses, increased administrative costs, lost cargo, lost time, lost or damaged data, lost contracts, immaterial damage and lost clientele.
Regardless of the nature of the damage and its legal basis, the liability of us as well as the authorities of other European Countries, which deliver data to us, shall in any case be limited to the amount that you have paid during the last 12 months for the use of the Service, subject to a minimum of EUR 100 per claim.
Force Majeure
“Force majeure” means any fact or event that is beyond the control of us and/or the authorities of other European Countries, that could not have been foreseen or prevented, and that has a significant influence on the functioning of the Service and/or the information provided via the Service.
The following, inter alia, are considered instances of force majeure:
- wars and hostilities, embargoes, uprisings and local conflicts, terrorism;
- Act of God (natural disasters, earthquakes, floods, pandemic, …);
- “Act of state” (a “higher order”);
- decisions, acts or omissions to act or decide by all sections of the government, which lie outside of the direct decision-making authority over the specific powers of De Vlaamse Waterweg itself;
- failure of third parties to act due to circumstances that are beyond the control of us and/or of the authorities of other European Countries, including without limitation, the total or partial unavailability of electronic communication networks, satellites or other technological infrastructure such as transponders and transmission masts.
- This listing is not exhaustive.
If a case of Force Majeure occurs, we as well as the authorities of other European Countries shall be exempted, for the duration of the Force Majeure, from any liability regarding the availability, operation and functionality provided through the Service and the accuracy and completeness of any information that may or may not have had to be disseminated or was disseminated through the Service.
VI. RIGHT TO WITHDRAW
General
As a consumer, you have the right to inform us of your intention to withdraw from the contract within 14 days without giving any reason.
In order to exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract via an unambiguous statement by e-mail to privacy@vlaamsewaterweg.be .
To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
VII. DATA PROTECTION AND COMPLIANCE WITH OTHER LAWSOF PERSONAL DATA – PRIVACY POLICY
In order to provide the Services, personal data within the meaning of Article 4(1) GDPR are being processed. The organisations you can find under https://eurisportal.eu/partners jointly define the purposes and means of the data processing activities, in GPPR-terms: ‘joint controllers’. Information about data processing in connection with the Services in accordance with Articles 13f GDPR and about the Joint Controllership is available in the Privacy Policy on the website of EuRIS.
You are obliged to inform the concerned data subjects (passengers, crew, etc.) on the data processing by EuRIS in connection with the Services as stated in the Privacy Policy available on the website of EuRIS prior to the use of this Service. In case of disagreement, objection or withdrawal of consent by a data subject or in case no consent is given by a data subject (as applicable), you are obliged to inform your contact point for questions related to data protection immediately, so that we can take appropriate steps.
You are obliged to delete all personal data, which you obtained from EuRIS in connection with the Services immediately after the termination of the corresponding transport operation.
Further, you are obliged to ensure the legal admissibility of the use of the Services on your end, in particular with regards to data protection and labour law (e.g. in case under the laws applicable in your country consent of data subjects (e.g. crew) or the conclusion of a shop agreement is required).
Third Country Data Transfers
In connection with users (data recipients) located in third countries under the GDPR, we agree on our own behalf and on behalf of the RIS Authorities and RIS Providers listed at https://eurisportal.eu/partners to the conclusion of the Standard Contractual Clauses (Commission Decision 2001/497/EC). The Appendices of the Standard Contractual Clauses shall be specified in accordance with the list of RIS Authorities and RIS providers and the list of data categories which may be found at this page.
Data Security and Confidentiality
Taking implementation costs into consideration, we have developed the necessary data security measures, on a technical and organisational level, to prevent the destruction, loss, falsification, alteration, unauthorised access to or inadvertent disclosure to third parties of your personal data. These measures are continuously updated, among other things by adapting them to the state of the art.
Cookies
During use of the Service, so-called “cookies” can be placed on your device in order to remember certain choices of returning users or to provide you certain functionalities.
A cookie is a small text and number file that we store in your browser or on your computer’s hard drive. This allows us to remember your preferences when using the Service.
You can disable or delete all cookies installed on your computer or mobile device at any time via your browser settings (usually under “Help” or “Internet options”). Each type of browser has its own settings for managing cookies.
Further information is provided in the Privacy Policy .
VIII. INTELLECTUAL PROPERTY
The texts, drawings, photographs, films, images, data, databases, software, definitions, trade and domain names, brands, logos and other elements of the Services and the means through which the Services can be accessed and used (e.g. the Website https://eurisportal.eu) this Service are protected by intellectual property rights and are the property of us, or third parties (e.g. suppliers of standards software). It is forbidden, without the prior written consent of us, to save or copy the information provided on and via the Services and the means through which the Services can be accessed and used (e.g. the Website https://eurisportal.eu) (information other than the information needed to be able to consult this Website access the Services), to reproduce, change, publicise, distribute or send, sell or transmit it in any other way or to confer any rights in this information to third parties.
If you fail to respect the intellectual property rights, or other rights of us or third parties, you undertake to compensate us or third parties and to indemnify and hold them harmless against any claims or demands resulting as a breach thereof.
IX. SEVERABILITY CLAUSE
If a clause of these terms and conditions is invalid, void or without effect, this will not affect the other clauses that remain fully applicable.
X. APPLICABLE LAW AND COMPETENT COURT
Unless otherwise specified by applicable mandatory law, this agreement is exclusively governed by Belgian law with the exclusion of the reference norms; Only the Belgian courts have jurisdiction to settle disputes that could arise from the implementation of this agreement. In particular, only the courts are competent according to the location of our registered office, unless mandatory legislation specifies a different court.
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