Disclaimer

Disclaimer for website – General terms and conditions governing the use of the Elia website

This website (hereinafter the “Website”) is an initiative of Elia System Operator SA-NV, with registered office at Boulevard de l’Empereur 20, 1000 Brussels, registered with enterprise number 0476 388 378, in the Brussels Business Register (hereinafter “Elia”).

1. Acceptance of general terms and conditions

We invite users to carefully read the general terms and conditions governing the use of our site. A link to the general terms and conditions can be found on the homepage. By using the Website www.elia.be and or www.eliagroup.eu, users agree unconditionally to the general terms and conditions. Elia may change its general terms and conditions at any time.

2. Use of the site

The content of this Website is provided solely for users wishing to have general information about Elia and its activities. Access to the extranet via a password is subject to special conditions. The content of this Website may be used solely in connection with the services offered on the site and for personal use. The content of the Website may not be used as a basis for any assessment of Elia and may not, under any circumstances, constitute any arrangement binding upon Elia and its content is not enforceable against it. Nothing on the Website can be construed as an offer of purchase for the delivery of services or the conclusion of a contract.

3. Unlawful or prohibited use

The user undertakes to use this Website in compliance with all laws and legal and/or contractual provisions. The user may not use the Website in a manner which could harm the interests of Elia, its suppliers and/or customers.

4. Warranty and limitation of liability

Users acknowledge and accept that they use the Website under their own responsibility. Any content that is downloaded or acquired in any other way in connection with the use of the Website is done at the user’s own risk. Users acknowledge and accept that Elia cannot be held liable for any damage to their computer system or any loss of data incurred in connection with downloading any content.
This Website is provided as is and is accessible in accordance with its availability. Elia does not guarantee that the service will be provided without interruption, that it will fully meet users’ expectations, that it will be 100% reliable and/or free of errors, that the information obtained by using the service is accurate and true, or that any errors related to the service will be corrected.
Elia will make reasonable efforts to publish up-to-date information on its Website. Elia does not guarantee that the information is appropriate, accurate or complete. Nor does Elia guarantee that the Website will be complete at all times or up-to-date in all aspects. The information on this Website, including financial data and tariff conditions, may contain inaccuracies or mistakes related to content or technical details. This information is provided for illustrative purposes only and is subject to periodic modifications. Elia and/or its suppliers may improve and/or modify the Website at any time without prior notice. This also applies to Websites to which this Website has external links. Websites to which hyperlinks are included from the Website are not checked by Elia and Elia cannot be held liable for any inappropriate, illicit or illegal content on those websites or for the hyperlinks that those websites have to other websites. The presence on the Website of hyperlinks to third-party websites does not imply, under any circumstances, an approval or quality guarantee by Elia.
Generally speaking, Elia cannot be held liable (whether in contract, tort, delict, quasi-delict, statute or strict liability) under any circumstances for any direct or indirect damage, or for any damage of any kind, arising in connection with the use of the Website or the inability to use it for any reason whatsoever, even if Elia was previously made aware of such damage. Elia cannot be held liable under any circumstances for the acts of users of the Website.

5. Contact

Users may send in their comments, suggestions or concerns by e-mail (info@elia.be) or by post (Elia, Communication, Keizerslaan 20, 1000 Brussels, Belgium).

6. Intellectual property rights

All materials available on this website (including, but not limited to, texts, pictures, images, icons, videos, software, databases and data) are protected by Elia’s intellectual property rights. The names and logos of Elia appearing on this website are protected by trade mark and copyright laws and treaties. The Elia brand, trademarks or logos may only be used in relation to products or services offered by Elia and may not be used, under any circumstances, in a way that is likely to create confusion amongst consumers or to damage or discredit Elia. Unless given express permission otherwise, users may not, under any circumstances, copy, reproduce, represent, modify, transmit, publish, adapt, distribute, broadcast, grant a sublicense or sell by any means or in any manner, all or any part of this website without the prior written permission of Elia.

7. Policy on the protection of privacy and confidentiality

Any visit to, and/or use of, this website involves the collection and processing of personal data by Elia.  In compliance with relevant legal provisions, Elia has established a clear and precise policy for the protection of personal data.
Elia has also implemented security measures to avoid any loss, abuse or destruction of personal data that belongs to users of the Website which has been disclosed to Elia. The processing of personal data collected by Elia through the use of this Website is subject to Belgian Law (Belgian Personal Data Protection Act of 8 December 1992, as amended by the Law of 11 December 1998 transposing Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 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 is provided without prejudice to Elia’s rights and obligations to certain visitors who, under a contract, the law or another document of a contractual, regulatory or legal nature, have permission to carry out more extensive operations. In such cases, the arrangement most favourable to Elia shall apply.

a. Personal data

Following a user’s visit to this website, Elia will store various data, including but not limited to: 

• the user’s contact and identification data (name, address, date of birth, e-mail address, etc.); 
• other data in connection with a job application submitted by the user;
• the IP address of the user;
• any other information which the user voluntarily provides to Elia (for example in connection with surveys and/or registrations on the Website);
• all information on the pages visited by the user.

b. Purposes of processing data

Personal data will be used for the following purposes:

• to improve the content of the Website; 
• to inform the user about changes to the Website; 
• to contact the user for marketing and advertising purposes; 
• if the user provides personal data in connection with a job application, to process and monitor the application; 
• statistical research in connection with the use of the Website.

Prior to using user data for other purposes, Elia will contact the user to inform him/her of the changes to its privacy policy and to inform the user that he/she is entitled not to take part in said modified purposes.

c. Transfer of personal data

Elia may divulge users’ personal data to subsidiaries offering users products or services in which they might be interested.  Elia may also divulge users’ personal data to public or private enterprises having a direct relationship with Elia for the above-mentioned purposes.

d. Newsletters

This Website provides users with free newsletters. This service is provided primarily for information purposes. The newsletters contain information which is intended to enhance the use of the Website www.elia.be, including advising users of new items on this Website. Users wishing to unsubscribe from this service may do so by cancelling their subscription with a simple click.

e. Rights regarding access, correction, removal and objection

In compliance with the Belgian Personal Data Protection Act, users have the right access, modify, correct and remove their personal data. Users also have the right to object, free of charge, to the processing of their personal data.
Users may exercise these rights by sending a written, signed and dated request, along with a copy of both sides of their identity card, to Elia at Elia, Communication Department, Keizerslaan 20, 1000 Brussels, Belgium, or by sending an e-mail to info@elia.be. For users who have an electronic identity card, a print-out of the content of the chip on the card or an official certification of residence is also required.
The right to object can be exercised by clicking on the link appearing at the bottom of every newsletter, where it states: "If you do not wish to receive future newsletters, please click here. You will then receive confirmation of your unsubscription. If you unsubscribe, but do not receive confirmation, please send an email to info@elia.be, specifying the email address which is to be unsubscribed."

f. Cookies

This Website uses cookies.  Cookies are small files sent by our server that are installed on the hard drive in the user’s computer. Cookies track a given user's access to the Website and store information related to the pages visited by the user. Our cookies are used primarily to effect or facilitate the dispatch of communication via an electronic communications network, or to provide a service expressly requested by the user of the Website. The purpose of cookies is to simplify visits by users and improve dialogue. Users can refuse to let cookies be installed by configuring their browser accordingly. However, refusing installation of cookies can prevent users from having access to certain services on the website.

g. Safety and confidentiality

Elia has taken reasonable security measures to prevent the loss, misuse or destruction of information stored on its Website.

h. Commission for the Protection of Privacy

For more information on the relevant privacy legislation, users may contact the Commission for the Protection of Privacy, Hoogstraat 139, 1000 Brussels, Belgium. Elia has notified the Commission of its personal data protection policy.

8. Disputes, jurisdiction and applicable law

These general terms and conditions are governed by Belgian law.  Any dispute arising from, or related to, the use of this service will be subject to conciliation between the parties.  Should such conciliation fail, the dispute will be referred to the courts of Brussels (Belgium). Elia reserves the right, at its discretion, to refer disputes to another court having appropriate jurisdiction.
In the event of any judicial or administrative proceedings, a printed version of this agreement and of any other warning messages sent in electronic format shall enjoy the same standing as other documents and trade registers created and stored in hard copy.

Disclaimer for e-mails

At Elia, every outgoing e-mail contains the following disclaimer:
"This message and its attachments may contain confidential information protected by intellectual property rights or other rights and is strictly for the exclusive use of the intended recipient. It is strictly prohibited to copy, alter or disclose this message or its contents to any other person without Elia's prior consent. If you are not the intended recipient of this message, please inform the person who sent it and delete the message from your system. Elia is not liable for any direct or indirect damage arising from errors, inaccuracies or any loss in the message, from unauthorised use, disclosure, copying or alteration of it or as a result of any virus being passed on. This message does not constitute any commitment from Elia except where expressly otherwise agreed between the intended recipient and Elia."