Privacy Policy

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. By visiting https://www.fluxys.com/ and by contacting us, you are accepting and agreeing to the practices described in this Privacy Policy.

Our Privacy Policy contains the following sections:

Information we collect from you;
Cookies;
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/apps;
Agreement with the collection and use of your information – changes to our Privacy Policy;
Identity of data controller – contact details.

Please note that, for some sections, this Privacy Policy distinguishes between the following categories of information:

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

1.1 General

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 of managing and executing contracts we have with you or your company, when you subscribe to the Fluxys news and press updates, request a publication and complete an online contact form e.g. with a view of 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 above mentioned 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 personal contact data of persons working for companies which perform works on such lands. 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 addresses, bank account number, identity card, telephone number.

2. Cookies

Our website uses cookies. This helps us to provide you with a good experience when you browse on our website and also allows us to improve our website. For detailed information on the cookies we use and the purposes for which we use them, see our Cookie Policy.

3. Uses made of your information

We use the information we hold about you in the following ways:

3.1. General

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.
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 concerned by land in the immediate vicinity of Belgian Fluxys infrastructure

We use the information regarding persons concerned by 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

4.1 General

Your information is being collected and processed on the following legal bases:

if it is necessary for complying with a legal obligation;
If it is necessary for performing the contract we have with your company, e.g. collection of personal contact data in the framework of the standard transmission agreement or the standard connection agreement;
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 to unsubscribe at any time) with a view of sending you newsletters and/or financial information or by means of completing an online contact form with a view of being invited to Fluxys events or visiting our infrastructure.

4.2 Information regarding persons concerned by land in the immediate vicinity of Belgian Fluxys infrastructure

We collect and process the information regarding persons concerned by land in the immediate vicinity of Belgian Fluxys infrastructure with a view of respecting our legal obligations under the Act of 12 April 1965 concerning the transmission of gaseous and other products by pipelines (the Gas Act) (Belgian State Gazette, 7 May 1965) and its execution decrees.

5. Disclosure of your information

5.1 General

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 substantially 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 cyber security incident;
if that is appropriate to achieve any of the purposes set out in section 3 of this Privacy Policy.

5.2 Information regarding persons concerned by land in the immediate vicinity of Belgian Fluxys infrastructure

We have the right to disclose information regarding persons concerned by land in the immediate vicinity of Belgian Fluxys infrastructure, 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 of 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 cyber security incident.

6. Transfer of your information

6.1 General

We may transfer your information to a destination outside of the European Economic Area (“EEA”) when sharing your personal data within the Fluxys Group, if such transfer is appropriate to achieve any of the purposes set out under section 3 and/or when disclosing your personal data to third parties in accordance with section 5.1 of this Privacy Policy.

If we transfer your information outside of the EEA, we will make sure that the information is protected by the following safeguards:

the laws of the country to which your information is transferred are deemed by the European Commission to ensure an adequate level of protection for data protection (Article 45 GDPR); or
the transfer is subject to data protection clauses approved by the European Commission (Article 46.2 GDPR);

If you wish to receive more information relating to the transfers 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 concerned by land in the immediate vicinity of Belgian Fluxys infrastructure

This information will only be processed in countries located within the EEA.

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 suppress further use of your information. When the 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 e-mail to the email address as mentioned in section 12 below. This e-mail needs to have in the subject line “data privacy request”. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.We will respond to all legitimate requests 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 and keep you updated.

8. Security of collected information

8.1 General

We have implemented a number of security features throughout our website in order to prevent the unauthorized release of or access to collected and/or received information. We have endeavored 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.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. 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 a password with anyone.

Finally, we have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.2 Information regarding persons concerned by land in the immediate vicinity of Belgian Fluxys infrastructure

The information regarding persons concerned by land in the immediate vicinity of Belgian Fluxys infrastructure, is protected by means of different technical measures, such as passwords, encryption and layered defence based on ISO27001.

9. Retention of your information

9.1 General

The information we hold about you will be retained in a manner consistent with the applicable data protection legislation. In any event, your information shall not be kept longer than is reasonably necessary to achieve the purposes for it was collected.

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

unless:

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 concerned by land in the immediate vicinity of Belgian Fluxys infrastructure

The data regarding persons concerned by land in the immediate vicinity of Belgian Fluxys infrastructure and personal contact data of persons working for companies performing works on such landsare being updated every five years and are deleted 10 years after the date on which Fluxys stops being liable for the concerned infrastructure (e.g. in case of transfer to another operator of the concerned Fluxys installation or final decommissioning). Such retention is necessary for Fluxys to comply with its security obligations.

We may 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

Our website contains links to and from websites and/or applications of our partner networks and affiliates. To the extent that hyperlinks or banner advertisements incorporating hyperlinks are utilized to access third party websites and/or applications, you should be aware that these third party websites and/or applications are not controlled by us and have their own privacy policies. Therefore, they are not subject to this Privacy Policy and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites and/or applications.

11. Agreement with collection and use of your information – changes to our Privacy Policy

By using this website, you acknowledge that you have read the terms of this Privacy Policy and that you agree with the collection and the use of your information as set out above.

We may amend this Privacy Policy from time to time. Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to the Privacy Policy. Your continued use of this website following the posting of changes to this Privacy Policy will indicate your acceptance of these changes. This Privacy Policy was most recently updated on 17/03/2020.

12. Identity of data controller – contact details

The data controller under this Privacy Policy is Fluxys S.A. or its relevant affiliates.

Questions, comments and requests regarding the Privacy Policy must be addressed to our Data Protection Officer at privacy@fluxys.com.

13. How to complain

We hope that we can resolve any query or concern you may raise about our use of your information. You may also have the right to lodge a complaint in relation to our processing of your personal data with a local supervisory authority, see www.dataprotectionauthority.be.