The EuRIS services comprise the provision of information to Vessel Operators (e.g. Skippers and Fleet Managers) and Logistics Users regarding transport on European inland waterways to enhance the safety and efficiency of inland navigation, in particular through the provision of Corridor River Information Services and as further specified in these General Terms and Conditions (hereinafter referred to as the “Services”). The Use of the EuRIS Service (hereinafter referred to as “Service”) and the means through which the Service can be accessed and used (e.g. by means of Internet at https://eurisportal.eu) is subject to the present General Terms and Conditions of use presented below. These Terms and Conditions contain important provisions on the purpose of the Services, restrictions on the use, the liability, the duration and termination of the Services. By making use of the Service, you can, as a user, request and/or view both real-time, dynamic information (position of vessels, actual traffic situation, water levels, cargo data, etc.) and static information on the waterways (operating times, permitted dimensions of structures, storage facilities, average waiting times at locks, etc.).
We attach great importance to the protection of privacy and personal data when providing the Services. We will therefore only process your personal data in accordance with the General Data Protection Regulation 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, and repealing Directive 95/46/EC (hereinafter the “GDPR”), and other relevant applicable data protection legislation.
‘Personal data’ means any information about a living, identifiable person.
‘Processing’ covers all activities relating to the use of personal data for example its collection, recording, organisation, structuring, storage, adaptation or alteration, use, disclosure, erasure or destruction.
Where necessary, we will ask you as a data subject for informed, free, unambiguous and specific consent to perform certain processing operations.
The joint controllers determine the purposes and means for the processing of personal data for the provision of the Services.
An organisation is ‘controller’ when it makes decisions about how and why the personal data are processed.
An organisation is ‘processor‘: when it processes personal data on behalf of a controller.
You can always reach us by using the contact details stipulated in the section ‘Contact point for questions related to data protection´ below (see GDPR Art. 26).
Contact point for questions related to data protection
Each Joint Controller shall have a designated contact point for questions related to data protection. You can always contact your national Data Protection Officer for questions, remarks or requests relating to the processing of personal data.
We may process personal data through the involvement of third-party service providers who receive clear instructions to this end and may only process your personal data in accordance with our instructions and after ensuring an adequate level of security.
We process personal data in order to provide you harmonised information services to support traffic and transport management for inland navigation, including technical interfaces to other modes of transport (hereinafter “RIS”), in the context of the performance of its task of general interest and the enhancement of safety and efficiency of inland navigation.
To this end, we will process the following personal data, provided that this data is collected by us or by other joint controllers in the fulfilment of their task of public interest and the enhancement of safety and efficiency of inland navigation. These are required in order to provide the aforementioned information services.
The processing of the personal data of the data subjects (passengers, crew, etc.) is based on (i) our legitimate interest and the legitimate interest of the user according to Article 6(1)(f) GDPR that lies in the provision and the use of the Services under the contract that is concluded between you and De Vlaamse Waterweg on behalf of the joint controllers or (ii) to the extent the data subject is asked to give consent, the consent of the data subject.
Depending on the nature and scope of the chosen service, it may be necessary for us to pass the personal data to third parties, in particular third-party service providers, in order to be able to provide the service requested by you in full.
If we transfer your personal data outside the European Economic Area, we will provide for a legal basis for such data transfer, especially by means of the conclusion of the Standard Contractual Clauses issued by the European Commission.
Possible recipients are in any case:
All personal data are stored only for the period necessary to achieve the objectives described above.
During the use of the Service of https://eurisportal.eu, so-called “cookies” can be placed on your device. By using the Service you will always be asked to give your explicit consent for the use of non-essential cookies and the placing of such cookies on your device via a check box that pops up by opening the Service.
Cookies are small text files stored in your browser. They are downloaded by your browser the first time you visit the Service. The next time this Service is visited using the same terminal or browser, the cookie and the information stored in it will be sent either to the respective website which set it (first party cookie) or to another website to which it belongs (third party cookie). In this way, the cookie recognises that the website was requested using the respective browser and this changes the way in which content is displayed. For instance, cookies "remember" your preferences, how you use a site, and to some degree they adapt the offers shown to the individual.
Functionally necessary cookies
Other cookies: No other cookies are used by EuRIS.
Right to access (Art 15 GDPR) – right to rectification (Art 16 GDPR) – right to erasure (Art 17 GDPR)
Any data subject who provides sufficient proof of their identity has the right to obtain an answer from us as to whether or not personal data concerning them will be processed and, if so, to have access to such personal data.
You have the right to obtain information about the processing purposes, the categories of personal data that are processed, the recipients of the personal data, the (criteria for determining the) period (during which) your personal data will be stored and the rights you may exercise in accordance with the GDPR.
Personal data that are incomplete or inaccurate can be corrected.
As a user, you also have the right to have your personal data deleted by us. You can only invoke this right in certain cases, which we will assess, for example:
Even if the cases above apply, we may not be obliged to delete the data under GPDR.
Right to restriction of processing (Art 18 GDPR) / right to objection (Art 21 GDPR)
As a user you have the right to obtain a restriction on the processing from us if one of the following cases applies:
Moreover, in certain cases, you have the right to object to the processing of your personal data for reasons related to your specific situation. Thereafter, we will cease processing your personal data, unless we can provide compelling, justifiable grounds for processing your personal data that outweigh your right to object.
You also have the right not to be subject to a decision based solely on automated processing if legal consequences attach to this or if such a decision may substantially affect you. In relation to the provision of the Services, no automated individual decision-making (including profiling) takes place.
Finally, you have the right to object at any time to the processing of personal data for direct marketing purposes, if applicable.
Right to data portability (Art 20 GDPR)
You have the right to obtain the personal data you provided to us in a structured, common and machine-readable format if the processing takes place on the basis of your consent or on the basis of the performance of a contract between you and us. In addition, you are entitled to ask us to transfer this personal data to another controller.
Right to withdraw your consent (Art 7 (3) GDPR) / right to file a complaint with a supervisory Authority
You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You have the right to file a complaint with the authorised supervisory authorities regarding the processing of your data by us.
Exercise your rights
If you wish to exercise your rights listed above, we will usually comply with this request within one (1) month of receiving it. The request shall be made by registered letter to your national contact point (address as stated above) or by email to: email@example.com .
When you exercise of your rights, we will always act in accordance with the GDPR and thus provide all the information required in the GDPR in a concise, transparent, comprehensible and easily accessible form, which you will receive in simple language.
The deadlines for responding to your requests may be extended in exceptional circumstances, including the complexity/multiplicity of your requests. To this end, we will inform you of this extension and of the reasons for it within one (1) month of receiving your request.
In the context of exercising your rights and/or contacting the relevant data protection authority (see https://eurisportal.eu/about-edpb/board/members_en), we may ask you to prove your identity beforehand.
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
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
Further, the liability of us as well as of the authorities from other European countries shall in any case be excluded for
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:
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.
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” 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:
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
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 firstname.lastname@example.org .
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.
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.
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.
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.