This is the privacy statement for ERGaR aisbl, Rue d’Arlon 63-65, 1040 Brussels, Belgium registered with the Crossraods Bank for Enterprises under number 0672.698.265 . With this privacy statement, ERGaR informs those persons whose data ERGaR processes of the type of personal data being processed and why, the storage periods and the rights of the individual concerned.
Why we process personal data
As part of ERGaR’s duty to facilitate and enhance cooperation between renewable gas registries in Europe, the association handles certain personal data pertaining to its member’s representatives and visitors to its website, but also persons active on the ERGaR Cloud Solution Sharepoint (e.g. first name, surname, title, company name, address, e-mail addresses, phone number) and representatives of national biomethane registries with accounts on the Extravert Platform Platform.
While these are mainly representatives of the ERGaR’s members, they may also be persons being in contact with ERGaR.
ERGaR uses these personal data for the following purposes:
- Creation of working groups and relevant distribution lists;
- Disseminating e-mail updates, publications of specific information to its registered stakeholders;
- Registrations of events
- Operation of the Extravert Platform
Unless otherwise and expressly stated in a relevant section of the website, such data shall not be used for any other purposes, and, in particular, shall not be communicated to third parties for commercial use or direct marketing purposes.
These data are handled in accordance with the Belgian Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data and in accordance with the General Data Protection Regulation (“GDPR”, the Regulation (EU) 2016/679).
Personal data of these persons can only be processed for the purposes listed above, if their processing is based upon one of the legal grounds as listed in Article 6.1 GDPR.
Your rights regarding the data ERGaR processes
Persons whose data are being collected will be provided with the information in accordance with Article 13 of the GDPR (or Article 14, where the personal data have not been obtained from the person). As far as the person has not requested a data transfer, none of the personal data collected is ever passed on to third parties.
In line with the provisions of the Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data and the GDPR, persons concerned by any collection of their personal data have the right to access their personal data, to have these data rectified or erased, to restrict the processing of these data in certain situations (please refer to Article 18 GDPR) and to transmit his/her personal data to another data controller by contacting the ERGaR Data Protection Officer (see below).
Dealing with enquiries and complaints regarding data protection
If you contact the ERGaR Data Protection Officer they will, as soon as possible, but in any event within one month of receipt of the request, provide information regarding the actions taken by ERGaR in response to the request. ERGaR may extend this period by two months in relation to the complexity of the request or the number of requests ERGaR receives; you will be informed by ERGaR if this is the case.
ERGaR will try to work with you to find a fair solution if you have a complaint a about or a problem with the use of your personal data. However, if you feel ERGaR has not been able to help, you also have the right to lodge a complaint with the competent supervisory authority (“l’Autorité de Protection des données” in French, “de Gegevensbeschermingsautoriteit” in Dutch).
ERGaR uses appropriate technical and organisational measures to protect personal data and to help prevent information being stolen, misused, accessed without authorisation, provided, amended or destroyed. For example, ERGaR stores personal data on computer systems with restricted access and in controlled environments.
ERGaR stores personal data as long as ERGaR deems it necessary, in order, among other things, to fulfil its relationship with you satisfactorily, to ensure ERGaR ‘s security in general terms, to be able to comply with applicable legislation (including legislation relating to retention of documents) and, otherwise, to enable ERGaR to carry out its business activities. If you have any questions about specific storage periods for certain types of personal data, please email our data protection officer (see below)
If ERGaR uses your personal data following your consent, you have the right to withdraw this consent at any time.
Changes to the privacy statement
If necessary, ERGaR can adapt this privacy statement and it is therefore advisable to check ERGaR’s website regularly for the most recent version. If ERGaR updates its privacy statement, ERGaR will revise the date following ‘last updated’ at the bottom of the privacy statement. If there are significant changes to the privacy statement or to the way in which ERGaR uses personal data, ERGaR will inform you before these come into force.
If you have any questions relating to the use of personal data, please send an email to our data protection officer Katharina Kramer: email@example.com
Website – TERMS AND CONDITIONS OF USE
Please read the following terms and conditions of use carefully before using this Website or any of its sections.
ARTICLE 1 – TERMS OF THE WEBSITE
1.1 By accessing and using this Website, or any Section of this Website, you as User acknowledge, accept and agree to any and all of our Terms and Conditions of use as described below, and otherwise contained on or referenced in this Website.
ARTICLE 2 – DEFINITIONS
2.1 “ERGaR” means European Renewable Gas Registry, an international non-profit organisation (aisbl) aiming at enabling cross-border transfers of green certificates for biomethane and renewable gases in Europe. ERGaR is registered at Rue d’Arlon 65, 1040 Brussels (BE) and operates at Avenue Cortenbergh 100, B-1000 Brussels (BE).
2.2 “Member Download platform” means ERGaR secure area reserved to ERGaR members and accessible at http://www.ergar.org/wp-login.
2.4 “Registered User” means a User to whom ERGaR grants an access to the Member Download platform as described in Article 9 –
2.5 “User” means any person either a natural or legal person using the present Website on its behalf or for whom the use is made, and who is bound by the Terms and Conditions of use.
2.6 “Section” means a section of the Website dedicated to a specific topic or area.
2.7 “Terms and Conditions of use” means the present terms and conditions of use of the entire Website by any User.
2.8 “Website” means ERGaR website http://www.ergar.org/ which comprises various Sections and a secure area.
2.9 “Extravert Platform ” means the IT service provided under to contract to ERGaR by Vertogas B.V
ARTICLE 3 – OWNERSHIP OF CONTENT
3.1 The property rights of all contents of this Website including, but not limited to any texts, graphs, images, copyrights, databases (whether or not protected by law), trademarks, designs, maps or other intellectual property rights are the exclusive property of ERGaR, its members, or such third party credited as the provider of the contents. All property rights are reserved unless otherwise stated in the present Terms and Conditions of use.
ARTICLE 4 – USE OF CONTENT
4.1 Any use of the content or part of it contained or provided through this Website, except and to the extent as specifically permitted by these Terms and Conditions of Use, is strictly prohibited. You may download, store and use the contents of this Website provided you keep intact all trademark, copyright and other proprietary notices indicated.
4.2 You shall not transfer, sell, display, republish, retransmit, redistribute, create derivative works from, or otherwise make the contents or any part of it, of this Website available to any other party or make the same available on any website, on-line service of your own or of any other party or make the same available in hard copy or on any other media without ERGaR’s express prior written consent and to the extent agreed by ERGaR.
4.3 You can contact ERGaR at the following e-mail address: firstname.lastname@example.org.
4.4 When using information or data for any of the purposes mentioned in the first and second paragraphs, you shall at least indicate the source: “ERGaR and/or its members” and the title of the relevant Section.
4.5 When using information or data for any of the purposes mentioned in the second paragraph, you may be asked to provide ERGaR upon request with statistics on their circulation on a regular basis and at least on an annual basis.
4.6 In any case, you undertake not to alter or modify the data and information provided in this Website.
4.7 ERGaR does not permit automatic extraction of data or other usage which reduces the performance of the Website. ERGaR reserves the right to block at any time and without any prior notice the author of any such extraction or usage from the Website and to seek for damages in compensation of such infringement including but not limited to the reduced performance of the Website. In such circumstances, ERGaR reserves the right to block the full access or the access to the specific Section(s) to a User which would proceed to not proportional downloads (7.5 times more than the average user of the same category) as well as be based on illegitimate or unfair use of the data.
4.8 ERGaR reserves the right to temporarily withdraw or suspend access to the Website at any time for the purposes of further development, improvement or correction of a functionality or content.
ARTICLE 5 – PROHIBITED USE OF THE WEBSITE
5.1 You are prohibited from using the Website to:
- a) post or transmit any infringing, threatening, false, misleading , abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ERGaR will fully cooperate with any law enforcement authorities or any court order requesting or directing ERGaR to disclose the identity of anyone posting or transmitting any such information or materials;
- b) advertise or perform any commercial solicitation; and
- c) upload information or change information without any prior authorisation, defeat or circumvent security features, or otherwise cause damage to the Website. The latter may be punishable under applicable laws.
ARTICLE 6 – DISCLAIMER ON RESPONSIBILITY AND LIABILITY
6.1 All content is subject to change and is provided to you “as is” without any warranty of any kind, either expressed or implied nor for any specific purpose.
6.2 Subject to the first paragraph above, ERGaR uses reasonable endeavours to publish on its Website information or data deemed reliable unless otherwise expressly mentioned.
6.3 ERGaR disclaims any warranty whatsoever as to eventual errors or omissions or obsolesce with reference to any discussions, postings, transmissions, bulletin boards, and the like that may be on the Website. ERGaR assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Website.
6.4 ERGaR reserves the right to revise, add or delete the information published or posted at any time without prior notification.
6.5 ERGaR and the providers of information and data therefore expressly disclaim to the extent permitted by law any responsibility or liability for:
- a) the accuracy, up-to-datedness, reliability, completeness or usability of the information and data;
- b) the revision, addition or deletion of information;
- c) loss or damage of any kind, including, but not limited to, direct, indirect, general, special, incidental, or consequential damages, which may result from the use, consultation, transmission or downloading of information and data contained on this website or from the interpretation or reutilisation by a lawful user of information and data contained on this website, even in the case of negligence;
- d) use of any content which would infringe the rights of any third party; and
- e) the alteration or modification of the data resulting from an improper reutilisation of the data by any lawful user
6.6 The Website may contain links to sites owned or operated by parties other than ERGaR. Such links are provided for your convenience only. ERGaR does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites.
Neither does ERGaR endorse the content, or any products or services available, on such sites.
6.7 ERGaR assumes no responsibility or liability arising from any damage or disruption encountered on the IT system of the User while accessing the Website.
ARTICLE 7 – HOLD HARMLESS
7.1 You as User acknowledge that ERGaR shall not be liable in any respect to the User or to any third-party for any termination of the User’s access any Section of the Website and undertake to keep harmless ERGaR in respect thereof.
ARTICLE 8 – CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS
8.1 This Website may contain statements, estimates or projections that constitute “forward-looking statements”. Generally, the words “believe,” “expect,” “intend,” “estimate,” “anticipate,” “project,” “will” and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from ERGaR’s historical experience and our present expectations or projections. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. ERGaR undertakes no obligation to publicly update or revise any forward-looking statements.
ARTICLE 9 – SECURED ACCESS PRIVILEGE: USER ACCOUNT, PASSWORD, AND SECURITY
9.1 ERGaR maintains a secured Section of this Website to share and make available certain materials and information that require access restrictions. Registered Users will be granted access privileges to such secured Section. Registered Users are responsible for maintaining the confidentiality of their assigned User ID and password, and are fully responsible for all activities that occur under their account. ERGaR shall not be liable or responsible for any misuse of User ID and password.
9.2 Registered Users acknowledge that general security practices are employed. ERGaR has the right to log off accounts that are logged in and show no activity for a longer period of time, as well as account inactivity for more than 180 days. ERGaR reserves the right to change these general security practices at any time without prior notice.
9.3 As a condition of the grant of access to the secured Section, the Registered User shall agree that ERGaR can terminate the Registered User’s account and its access privilege without prior notice in cases where ERGaR would record a breach of these Terms and Conditions of use by the Registered User.
However, if you selected in your browser to remember your Download Member platform password at login, your browser will have stored this information on your computer and access to the secure area of the sites may be compromised. We advise not to store your password in this manner.
11.1 Registered User will be required to provide personal data for administrative purposes only and for the proper circulation of newsletters and updates on Website functionalities in as much as existing or available. Any personal data will be used by ERGaR to the extent legally authorised and complying with in confidentiality obligation applying. ERGaR will not use any personal data supplied for the above purpose for any marketing or sales activities or release the data to a third party.
11.2 Any other communication or material that you may transmit to the Website, such as questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary.
ARTICLE 12 – REVISIONS OF THE TERMS
12.1 You acknowledge and agree that ERGaR may modify these Terms and Conditions of use at any time, at its sole discretion and without notice. All modifications will be effective immediately upon our posting of the modifications on the Website. You are bound by any such revisions and liable to remain informed on a timely basis.
ARTICLE 13 – LAW AND JURISDICTION
13.1 These terms and conditions of use are subject to Belgian law and the exclusive jurisdiction of the courts of Belgium.