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Disclaimer - Conditions of use of the smartcity.brussels portal

The provisions below are intended to define the conditions under which the Brussels Regional Informatics Centre grants access to the smartcity.brussels portal.


This portal is an initiative of the Brussels Regional Informatics Centre (BRIC), parastatal “A” created by Article 27 of the Law of 21 August 1987 amending the law organising the metropolitan districts and federations of municipalities and laying down provisions on the Brussels-Capital Region, whose registered offices are at avenue des Arts 21, 1000 Brussels.

1. Acceptance of the general conditions of use

The BRIC grants access to this portal (smartcity.brussels) and the information contained therein provided you accept, without reserve, the conditions mentioned on this page “Conditions of use”. By consulting the portal smartcity.brussels and the information therein, you agree to these conditions. The BRIC reserves the right to amend the conditions without notice.

2. Use of the portal

The content of this portal is made available solely for the purpose of providing general information. The content of this portal may only be used in connection with the services offered on the portal and for your personal use. The user undertakes to use the portal in compliance with all legal and/or contractual provisions. The user may not use it in any way that might harm the interests of the BRIC, its suppliers and/or its partners.

3. Warranties and limits of responsibility for the use of the portal

In general, the BRIC may not under any circumstances be held liable for direct or indirect damage, or for any other damages of any kind whatsoever, resulting from the use of this portal or the inability to use it for any reason whatsoever, regardless of whether or not this liability is contractual, tortuous or quasi-tortious, or is based on strict or other liability, even if the BRIC has been advised of the possibility of such damages.

3.1. Information

The BRIC shall make all reasonable efforts to publish information on this smartcity.brussels portal that to the best of its knowledge is up to date. It does not guarantee the adequacy, accuracy or completeness of such information or warrant that the portal shall be continually complete and up to date in every respect. The information on this portal may include inaccuracies of content, technical inaccuracies or typographical errors. This information is provided for guidance and is subject to periodic changes. The BRIC may make, improvements and/or changes to this portal at any time and without notice. Use of this portal, and consequently information obtained or items downloaded when using the service, is the sole responsibility of the user. The BRIC disclaims any liability for damages that may result from the use of the information on this portal. The user further acknowledges that he is solely responsible for any damage to his computer system or any loss of data resulting from the download of any content.

3.2. Access to the portal

This portal is provided on the basis of a service that is “as is” and accessible according to availability. The BRIC cannot guarantee that the service will be uninterrupted, timely, secure or error-free, that the results obtained using the service will be accurate and/or reliable, that defects in the software used, if any, will be subject to correction.

3.3. Hypertext links

This portal contains hypertext links to other sites and referrals to other sources of information provided for guidance only. The BRIC does not check these sites or the information contained on them, and therefore cannot provide any guarantee as to the quality and/or completeness of such information. The BRIC assumes no responsibility for any improper, unlawful or illegal content present on the hyperlinks and from damage resulting from their consultation. If you wish to create a hypertext link from your site to the portal, we encourage you to contact the webmaster first by using this web form. He will inform you as soon as possible of the eligibility of your request.

3.4. Action of users

The BRIC will in no way be held responsible for the actions of users.

4. Contact

You can submit your comments, suggestions or any other question by sending a message using the “contact” form or by letter to the following address: CIRB/BRIC, Avenue des Arts 21, 1000 Brussels.

5. Intellectual property rights

All material and information available on this portal, along with their compilation and arrangement (text, photographs, images, icons, videos, software, databases, data, etc.) are protected by the intellectual property rights of the BRIC. The names and logos of Smart City Brussels that appear on this smartcity.brussels portal are protected trademarks and/or trade names. BRIC trademarks may not be used in connection with any product or service other than those of the BRIC, in any manner whatsoever likely to create confusion among consumers or in a way that would disparage or discredit the BRIC. Except where explicitly authorised in this connection, the user may not under any circumstances copy, reproduce, translate, represent, modify, transmit, publish, adapt, distribute, broadcast, license, transfer, sell, on any medium or by any means whatsoever, or exploit in any way whatsoever, all or part of this portal without the prior written consent of the BRIC. Any violation may result in civil and criminal prosecution.

6. Renunciation of copyright

By accepting these conditions of use of the web portal, the user of the web portal with a copyrighted idea for a sufficiently original project to help make the Brussels-Capital Region a smart city authorises the BRIC to use this idea free of charge on any communication media it chooses. The BRIC will contact those participants whose idea is selected to determine the terms and conditions under which this copyright will be transferred.

7. Policy on the protection of privacy

On each visit to this portal the user provides us with personal data, and therefore gives us express permission to collect and process this information. As the publisher of this portal the BRIC has defined a clear and precise personal data protection policy in accordance with the applicable legal stipulations. The processing of personal data related to this portal is subject to Belgian law (Law of 8 December 1992 on the protection of privacy with respect to the processing of personal data, amended by the Law of 11 December 1998 transposing Directive 95/46/EC of 24 October 1995 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data). This data protection policy does not prejudice the rights of the BRIC with respect to certain visitors vis-à-vis whom a contract, the law or any other document of a contractual, regulatory or legal nature authorises more extensive operations. In this case, the standard most favourable to the BRIC applies.

7.1. Data controller

The BRIC, whose registered offices are at Avenue des Arts 21, 1000 Brussels, represented by Mr Hervé Feuillien, Managing Director, acts as data controller.

7.2. Processing of personal data

The BRIC only collects and processes the following data for the purposes for which you have shared them. You will not be asked for any sensitive data nor will such sensitive data be collected. The BRIC collects and processes the following personal data of the user in particular when he visits this smartcity.brussels portal:

- personal identification data: name, title, address and identifiers assigned by the party responsible for processing;
- personal characteristics: age and gender;
- lifestyle habits: information about movements;
- original ideas or suggestions for projects to help make the Brussels-Capital Region a smart city.

7.3. Purpose of the processing

These personal data are collected and processed in order to meet the following legitimate purposes:

- on the one hand, to respond to the user’s request for information about the Smartcity.brussels strategy;
- on the other hand, to centralise ideas for projects to help make the Brussels-Capital Region a smart city.

7.4. Recipient of personal data

The personal data relating to you that are collected and processed are included in the files of the BRIC and are therefore intended solely for the data controller. However, if justified by the circumstances they may be shared with the following parties :

- the person to whom the data applies;
- individuals or organisations with a direct relationship to the party responsible for processing;
- other departments or company with a relationship to the party responsible for processing;
- other private companies;
- public services;
- the legal system and the police.

Under no circumstances will such data be transferred to a third party or to a State outside the European Union.

7.5. Personal data retention term

The data collected will be kept for five years. After this term the data will be automatically deleted from our databases.

7.6. Right of access, correction, deletion and opposition

In accordance with the Law of 8 December 1992 on the protection of privacy with respect to the processing of personal data and the Royal Decree of 13 February 2001 implementing said law, the user can assert the rights granted to him below by sending a signed and dated request to the data controller, accompanied by a double-sided copy of his identity card, to be delivered by hand or sent by post to the following address – CIRB/CIBG, Avenue des Arts 21, 1000 Brussels – or by any other means of telecommunication.En cas de remise de la demande sur place, la personne, qui la reçoit, délivre immédiatement un accusé de réception daté et signé à l'auteur de la demande.

7.6.1. Right of access

The user of the portal has the right to obtain from the data controller the disclosure, in an intelligible form, of the data undergoing processing, together with any information available on the origin of such processing. The information shall be supplied without delay and no later than forty-five days after receipt of the request.

7.6.2.Right of correction

The user may, without charge, have corrected any inaccurate personal data pertaining to him and also have deleted any personal data concerning him which, taking into account the reason for the processing, is incomplete or not relevant or whose recording, disclosure or storage is prohibited or which has been retained beyond the authorised period. Any corrections or deletions of data requested must be notified, by the data controller, within one month of the request being submitted, to the user as well as to those persons to whom the incorrect, incomplete and irrelevant data were forwarded, unless notification to these recipients proves impossible or involves disproportionate effort.

7.6.3. Right of opposition

The user has the right to oppose, for serious legitimate reasons relating to a particular situation, the processing of data relating to him. In the event of justified opposition, the processing implemented by the data controller may no longer involve those data.

7.7. Use of cookies (Article 129 of the Law of 13 June 2005 on electronic communications)

The BRIC aims to inform visitors to this portal of the use of what the law describes as “information stored in the terminal equipment of an end user”, more commonly known as “cookies”. A cookie is a file sent by the BRIC’s server that is recorded on the hard drive of your computer and which keeps track of the portal visited and contains a certain amount of information relating to this visit. The user may refuse to allow cookies to be installed on his computer by configuring his browser accordingly. However, this refusal may prevent access to some of the services on the portal.

7.7.1. Functional cookies

Cookies are used to manage certain website functionalities. These cookies are anonymous (none of the information collected can be used to make the link with your identity). Moreover, with the exception of the cookie establishing your preferred language and recording your participation in votes and polls, the cookies expire when you close your browser. They are therefore deleted from your computer or terminal when you exit this software program.

7.7.2. Statistical cookies

The BRIC uses the services of Google Analytics to analyse the visits and behaviour of users of this portal. Statistical cookies allow the BRIC to establish, for example, the number of visitors, their geographical location, their route to the site (how they accessed it, via which page, the pages that followed in their session and the page via which they left the site), the time of the visit, etc. These cookies are anonymous and may exist for up to 2 years.

7.8. Quality, security and confidentiality of processing

7.8.1. Quality

The BRIC shall exercise due diligence to correct or delete inaccurate, incomplete, irrelevant or prohibited data, and also to keep such data up to date.

7.8.2. Confidentiality

The BRIC shall ensure firstly that persons working under its authority only have access to and can only process data they require for the performance of their duties or which are essential to operational requirements, and secondly that these same persons are informed of the principles and requirements of the Law on the protection of privacy with respect to the processing of personal data and its implementing decrees.

7.8.3. Security

To ensure the security of personal data, the BRIC has put in place appropriate technical and organisational security measures against the accidental or unauthorised destruction, accidental loss, modification, access and any other unauthorised processing of the information received on its portal. The measures taken are of an appropriate level of protection taking into account the costs involved in their application, the state of the art in this area and the nature of the data to be protected and the potential risks.

7.9. Access to the public register of automated processing of personal data

The Belgian Privacy Commission maintains a public register of the automated processing of personal data that is available to the public in the manner provided for by the aforementioned Royal Decree of 13 February 2001.

7.10. Recourse

The user may submit, without charge, a complaint to the Belgian Privacy Commission in the event of difficulties exercising the aforementioned rights or non-compliance with obligations under the law. If the complaint is admissible, this Commission shall take action to force the data controller to meet its legal obligations and shall perform any mediation mission it deems appropriate. In case of failure, it shall issue an opinion on the justified nature of the complaint. The Commission may also report to the Public Prosecutor offences of which it has knowledge. The Court of First Instance shall hear any dispute concerning the application of the Law of 8 December 1992 and its implementing measures.

7.11. Belgian Privacy Commission

The user may obtain further information concerning privacy legislation from the Belgian Privacy Commission (Commission de la protection de la vie privée), Rue de la Presse 35, 1000 Brussels, to which the BRIC has declared the processing of data.

8. Settlement of disputes, jurisdiction and applicable law

These conditions of use are governed by Belgian law. Any dispute arising out of or related to the use of this service will be subject to conciliation. If unsuccessful, the dispute shall be submitted to the jurisdiction of the courts of Brussels (Belgium). The BRIC reserves the right to move to another competent court if it deems this appropriate. A printed version of this agreement and any warning issued in electronic form will be accepted in any judicial or administrative proceedings arising out of or related to this agreement, to the same extent and under the same conditions as other commercial records and documents created and maintained in printed form.

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