Fluxys S.A. and its affiliates (listed on: https://www.fluxys.com/) (hereafter: we, us or Fluxys) are committed to protecting and respecting your privacy.
This policy sets out the basis on which any information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your information and how we will use it.
- Information we collect from you;
- Uses made of your information;
- Legal basis
- Disclosure of your information;
- Transfer of your information;
- Your rights;
- Security of collected information;
- Retention of your information;
- External websites;
- Identity of data controller – contact details.
- information collected by Fluxys mainly in connection with professional contacts, website and contract management, emergency calls and corporate housekeeping (under the heading “General”); and
- information collected by Fluxys in connection with the management of the natural gas transmission system regarding persons owning or operating land in the immediate vicinity of Fluxys infrastructure that is located in Belgium and regarding contact persons for companies performing work on such land (under the heading “Information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure”).
Where no such distinction has been made, the relevant section is applicable to both categories of information.
1. Information we collect from you
We will collect and process the following information about you:
Information you give us:
This is information about you that you give us by filling in forms on https://www.fluxys.com (hereafter: our website) or by corresponding with us by phone, email or otherwise. It includes information you provide to us with a view to managing and executing contracts we have with you or your company (e.g. information regarding contact persons working with grid users and final customers which Fluxys collects in connection with the access to and use of the Fluxys Electronic Data Platform), information required for our corporate housekeeping, or when you subscribe to the Fluxys news and press updates, request a publication and complete an online contact form e.g. with a view to being invited to Fluxys events or visiting our infrastructure. The information you give us may include your name, date of birth, address, email address, phone number, nationality, identity card, financial and credit card information.
Information we collect about you.
During each of your visits to our website we will automatically collect the following information:
- technical information, including the Internet Protocol (IP) address used to connect your computer to the internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- your device ID, device type;
- information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), web pages you viewed or searched for, page response times, downloaded files, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and any phone number used;
- your location (region).
1.2 Information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure
In addition to the collecting and processing of the abovementioned information, we collect and process personal data relating to persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure. We also collect the personal contact data of contact persons for companies which performing work on such land. We collect and process such information in the framework of our duty to develop, maintain and operate the Belgian natural gas transmission system. Such data are e.g. name, address, e-mail address, bank account number, identity card, telephone number.
3. Uses made of your information
We use the information we hold about you in the following ways:
Information you give to us.
We will use this information:
- to carry out our obligations arising from any contracts entered into with you/your company and to provide you with the information and services that you or your company request from us;
- to notify you/your company about changes to our services;
- to organise events or visits to our infrastructure;
- to ensure that the content from our website is presented in the most effective manner for you and for your computer/device.
- to follow up on a report about a (potential) emergency situation
- to comply with our obligations in connection with corporate housekeeping and our obligations as a listed company (Fluxys Belgium)
Information we collect about you.
We will use this information:
- to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our website to ensure that content is presented in the most effective manner for you and for your computer/device;
- to allow you to participate in interactive features of our website, when you choose to do so;
- as part of our efforts to keep our website safe and secure.
3.2. Information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure
We use the information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure:
- to obtain the various administrative authorisations required for our activities;
- to apply the applicable safety rules and standards necessary for the safe operation of our network; and
- to pay the fees linked to the construction or operation of our infrastructure, or the fees associated with easement in connection with the presence of our infrastructure.
4. Legal basis
Your information is being collected and processed on the following legal bases:
- If it is necessary for pursuing our legitimate interests, insofar as these interests are not overridden by your fundamental rights and freedoms, e.g. we use your information to know your preferences so as to be able to better personalise our website, to prevent fraud and to secure our websiten as well as for corporate housekeeping purposes, as part of normal business operation and with a view of being compliant with our obligations as a listed company (Fluxys Belgium);
- if it is necessary for performing the contract we have with you or with the company for which you are employed, e.g. the collection of personal contact data in the framework of the standard transmission agreement or the standard connection agreement, or the collection of personal data in connection with contracts under which you or the company for which you are employed provide(s) services or material to us or perform(s) work for us;
- when you consented to this, e.g. if you have given your prior express consent by means of completing a subscription form (with the possibility of unsubscribing at any time) with a view to sending you newsletters and/or financial information or by means of completing an online contact form with a view to being invited to Fluxys events or visiting our infrastructure.
4.2 Information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure
We also collect and process information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure and regarding contact persons for companies performing work on such land in the public interest, mainly in connection with the safety of the natural gas transmission system which Fluxys Belgium must ensure in its capacity as the certified operator of the Belgian natural gas transmission system and with a view to complying with our legal obligations with respect to the safe management of the natural gas transmission system under the Act of 12 April 1965 concerning the transmission of gaseous and other products by pipelines (the Gas Act) (Belgian Official Gazette, 7 May 1965) and its implementing decrees.
5. Disclosure of your information
You agree that we have the right to share your information with selected third parties including:
- other entities within the Fluxys group;
- public authorities (including judicial and police authorities);
- banks and insurers;
- our suppliers of IT-related services;
- our suppliers of marketing related services;
- analytics and search engine providers that assist us with the improvement and optimisation of our website, e.g. Google.
We will also disclose your information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your information to the prospective seller or buyer of such business or assets;
- if we or almost all of our assets are acquired by a third party, in which case information held by us about our customers may be one of the transferred assets;
- if we are under a duty to disclose or share your information in order to comply with any legal obligation or to protect our rights, property, or safety, our customers, or others. This includes exchanging information with public authorities (including judicial and police authorities) in the event of, for example, a cybersecurity incident;
5.2 Information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure
We have the right to disclose information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure and regarding contact persons for companies performing work on such land, if we are under a duty to disclose or share such information in order to comply with any legal obligation or to protect our rights, property, or safety, our customers, or others. This includes exchanging information with contact persons at Fluxys (so-called negotiators) with a view to understanding the interests of persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure and with public authorities (including judicial and police authorities) in the event of, for example, a cybersecurity incident.
6. Transfer of your information
If we transfer such information outside of Europe, we will make sure that the information is protected by the following safeguards:
- the laws of the country to which your information is transferred ensure an adequate level of data protection (Article 45 GDPR); or
- the transfer is subject to data protection clauses approved by the European Commission (Article 46.2 GDPR) or is subject to the EU-US Privacy Shield/Swiss-US Privacy Shield;
If you wish to receive more information relating to the transfer of your information and/or the safeguards that have been implemented (including on how to receive a copy thereof), you can contact us through the contact details set out in section 12 below.
6.2 Information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure
This information will only be processed in countries located within the European Economic Area.
7. Your rights
You have certain rights regarding the information we hold about you. These rights can be exercised by contacting us as set out below:
- you have the right to access the information we keep about you – this is because we want you to be aware of the information we have about you and to enable you to verify whether we process your information in accordance with the applicable data protection laws and regulations;
- you have the right, under certain circumstances, to block or stop the further use of your information. When processing is restricted, we can still store your information, but we can no longer use it;
- if your information is inaccurate or incomplete, you have the right to request the rectification of your information;
- you have the right, under certain circumstances, to request the deletion or removal of your information from our systems;
- you have the right to lodge a complaint about the way we handle or process your information with your national data protection authority;
- if our processing of your personal information is based specifically on your consent, you have the right to withdraw that consent at any time. This includes your right to withdraw consent to our use of your information for direct marketing purposes;
- you have the right to obtain from us, under certain circumstances, your information in a structured, commonly used and machine readable form so you can reuse it for your own purposes across different services. For example: if you want to work with a different service provider, this enables you to move your information easily and in a secure manner to this new service provider.
You also have the right to object to certain types of processing, including processing for direct marketing purposes.
However, note that we may need to retain certain information, for example for security, legal or administrative purposes (e.g. keeping of accounting records).
For all requests set out above, please contact us by sending an email to the email address mentioned in section 12 below. This e-mail needs to have in the subject line “data privacy request” and include a copy of your identity card or another proof of your identity (e.g. driver’s licence) to help us prevent unauthorised individuals from accessing, changing or deleting your information. We will respond to your request as soon as practically possible. If it appears that we need more than one month (from receipt of your request) to deal with your request, we will let you know.
8. Security of collected information
All information you provide to us is stored on our secure servers.
We have implemented a number of security features throughout our website in order to prevent the unauthorised release of or access to collected and/or received information. We have endeavoured to create a secure and reliable website for you, but note that the confidentiality of any communication or material transmitted to or from us or any other party via our website or email cannot be guaranteed. We accept no responsibility or liability for the security of information transmitted via these methods.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share this password with anyone.
Moreover, since 2000, Fluxys has had an information security policy for which the ISO 27002 standard has been used as a source of inspiration for implemented control measures. These measures have been subject tot numerous reviews and audits carried out both internally (security testing, internal audits) and externally (auditor, external audits) at a frequency of more than once a year.
In general, data within Fluxys and in particular personal data, are protected by various technical measures such as passwords, encryption and layered protection, which, as mentioned above, are inspired by the ISO 27002 standard.
9. Retention of your information
In particular, we will only keep:
- your information relating to your online query for as long as needed to provide you with the requested information;
- information relating to you that we collect as mentioned above or that you provide to us for as long as it is required tot fulfill the purpose for which it was collected;
- the processing of your information is necessary in connection with any actual or potential dispute (e.g. we need this information to establish or defend legal claims), in which case we will keep your information until the end of such dispute; and/or
- the retention is necessary for us to comply with any legal or regulatory obligation (e.g. for tax or security purposes), in which case we will keep your information for as long as required by that obligation.
9.2 Information regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure
Data regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure are updated every five years and, like the personal data of contact persons for companies performing work on such land are being updated every five years and are deleted ten years after the date of decommissioning or transfer to another operator of the Fluxys installation in question and, regarding persons owning or operating land in the immediate vicinity of Belgian Fluxys infrastructure, after the date on which the person in question no longer qualifies as the owner and/or operator of the land in question, if such date comes before the date of decommissioning or transfer of the Fluxys installation in question). Such retention is necessary for Fluxys to comply with its security obligations and is in line with the general limitation term (verjaringstermijn / délai de prescription) under Belgian law. We can keep this data longer, in case the processing of your information is necessary in connection with any actual or potential dispute (e.g. we need this information to establish or defend legal claims), in which case we will keep your information until the end of such dispute.
10. External websites
12. Identity of data controller – contact details
If you feel that your rights have been breached in the context of the processing of your personal data, you have the right to lodge a complaint with the Belgium Data Protection Authority (Drukpersstraat 35, 1000 Brussels, +32 (0) 2 274 48 00, firstname.lastname@example.org). Please contact us beforehand so we can remediate such breach.