Your browser is outdated!

General terms and conditions of use and ‘privacy’ policy for the ‘FixMyStreet Wallonia’ portal (V 1.0.0)

The object of the following provisions is to set out the terms and conditions under which Be WaPP grants you access for use of the ‘FixMyStreet Wallonia’ app.

FixMyStreet Wallonia has been created by Be WaPP asbl, inspired by the Brussels Region Information Centre (BRIC) FixMyStreet Brussels platform, an initiative launched by Brussels Mobility.

The website and mobile app have been developed and are maintained by the non-profit association Be WaPP asbl (VAT number: BE 0697.701.204), with its registered office at Chaussée de Liège 221, B-5100 Namur.

1. Acceptance of the General Terms and Conditions of Use

Be WaPP grants you access to ‘FixMyStreet Wallonia’ and to the information it contains, provided that you accept in full all the conditions set out on this ‘Terms and conditions of use’ page. By browsing the ‘FixMyStreet Wallonia’ website and the information it contains, you accept these terms and conditions. Be WaPP asbl may modify these at any time.

2. Use of ‘FixMyStreet Wallonia’

Be WaPP grants you access to ‘FixMyStreet Wallonia’. The user agrees to use the website and/or mobile app in accordance with the law and with legal and/or contractual terms and conditions. The user may not use it in any way that would be detrimental to the interests of Be WaPP, its suppliers and/or its partners.

3. Guarantees and limitations of liability in respect of use of the ‘FixMyStreet Wallonia’ portal

Be WaPP asbl and its partners shall not, under any circumstances, be liable for direct or indirect damage, or any other damage of any kind whatsoever, that may result from using, or being unable to use, ‘FixMyStreet Wallonia’ for any reason whatsoever, be that liability contractual or non-contractual, criminal or quasi criminal in nature or whether it is founded on no-fault liability or otherwise, including when Be WaPP asbl had been warned of the possibility of such damage.

3. 1 Information

As administrator of the portal, Be WaPP asbl takes all reasonable means to publish information on the ‘FixMyStreet Wallonia’ portal and mobile app that is, to the best of its knowledge, up to date. It does not, however, guarantee the suitability, accuracy or completeness of such information, nor does it guarantee that the website concerned is always complete and up to date in all respects. The information on this portal may contain content inaccuracies, technical inaccuracies or typing errors. This information is provided for information purposes only and is subject to change from time to time. Be WaPP asbl may make improvements and/or changes to the website and mobile app at any time and without prior notice.

Use of this website, and consequently of the information obtained or content downloaded while using the service, at the sole liability of the user.

Be WaPP asbl disclaims all liability for any damage that may result from use of the information on this website.

Users further acknowledges that they have sole liability for any damage to their computer system or any loss of data resulting from downloading any content.

3. 2 Accessing ‘FixMyStreet Wallonia’

This website is provided on an ‘as is’ basis and is available subject to availability. As portal administrator, Be WaPP asbl cannot guarantee that the service will be uninterrupted, appropriate, secure or error-free, that the results gained from using the service will be accurate and/or reliable, or that errors in the software used, if any, will be corrected.

3. 3 Hyperlinks

The ‘FixMyStreet Wallonia’ portal contains hyperlinks to other websites as well as links pointing to other information sources. These are provided for information purposes only. Be WaPP asbl does not check these websites or the information they contain, and cannot therefore offer any guarantee as to the quality and/or completeness of such information.

Be WaPP asbl disclaims all liability for any unsuitable, unlawful or illegal content present on the hyperlinks, as well as for all damage that may result from browsing these websites.

If you would like to create a hyperlink from your website to the Be WaPP portal, please first contact the Webmaster (info@bewapp.be) who will inform you as soon as possible about whether your request can be accepted.

3. 4 Actions by Internet users

Be WaPP asbl cannot in any way be held liable for the actions of Internet users.

3. 5 Liability of the municipalities

The municipality has sole charge of its administrative policy remit, as laid down by Article 135 of the New municipal law. It is therefore responsible for how it uses the information transmitted to it.

Be WaPP asbl disclaims all liability for any damage that may result from use of the information on this website and/or on the mobile app by the municipalities.

3. 6 Liability of other regional administrators

Other administrators present in the administration portal of FixMyStreet Wallonia are also responsible for how they use the information transmitted to them. 

Be WaPP asbl disclaims all liability for any damage that may result from use of the information on this website by other regional administrators.

4. Intellectual property rights

All of the information and content accessible on ‘FixMyStreet Wallonia’, as well as its compilation and layout (texts, photographs, images, icons, videos, software, databases, data etc.), is protected by the intellectual property rights of Be WaPP asbl.

The names and logos of Be WaPP asbl that appear on this website are protected trademarks and/or commercial names. The trademarks of the ‘FixMyStreet Wallonia’ website may not be used in connection with any product or service other than those on this website, or those of Be WaPP asbl, in any way that is likely to create confusion among consumers or that would in any way be detrimental to, or discredit, Be WaPP asbl.

Unless explicitly authorised to do so, users may not, under any circumstances, copy, reproduce, translate, represent, amend, transmit, publish, adapt, distribute, broadcast, grant under licence, transfer or sell on any medium or utilise in any way whatsoever, all or part of this website without the express written authorisation of Be WaPP asbl. Any infringement may lead to civil and criminal prosecution.

5. Privacy protection policy

5. 1 Principles

‘FixMyStreet Wallonia’ recognises the need to adapt to the new digital reality and to the new provisions of European law.

‘FixMyStreet Wallonia’ complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

This Regulation strengthens the rights of European citizens and gives them more control over their personal data, for example by offering them a unified legal framework.

Be WaPP asbl, the non-profit association behind ‘FixMyStreet Wallonia’, has drawn up a clear and precise policy on personal data protection in accordance with the relevant statutory provisions.

This section answers the following questions about the use of your personal data.

5. 2 What personal data is collected, and for what purposes?

Be WaPP asbl only collects personal data to the extent necessary to fulfil a specific function. This information will not be re-used for any other reason.

The data potentially collected is as follows:

First name and last name of the person concerned;
Profile type of that person;
E-mail address of that person;
Telephone number of that person.

This personal data is collected and processed for the following purpose:

To enable administrators to re-contact people who have created or documented issues, to keep them updated about progress with resolving the issue, or to provide them with any clarification needed about the issues in question.

5. 3 Who can give their consent?

Users confirm their acceptance and give their clear, explicit and unambiguous consent to the processing of their data.

Users have the right to withdraw their consent at any time (see 5.7).

By using the services of the website ‘FixMyStreet Wallonia’, the user declares, in accordance with Belgian and European civil law, that they are competent to exercise their rights, or – if they are a minor – that they have obtained the valid prior consent of their parents or legal guardians.

Be WaPP is committed to protecting the privacy of minors and encourages parents or guardians to be actively involved in their children’s online activities.

Minors under the age of 16 may not, under any circumstances, give their own consent to the processing of their personal data for the purposes of using this website.

Be WaPP cannot be held liable if the services are used without the supervision and permission referred to above.

5. 4 Who is the recipient of the personal data?

The personal data collected and processed is for the exclusive use of the data controller. The data will not, under any circumstances, be transferred to a third party or to a State that is not part of the European Union.

5. 5 Who is the data controller?

For the ‘FixMyStreet Wallonia’ website and mobile app, the data controller, is:

Be WaPP asbl
Chaussée de Liège 221, B-5100 Namur
Tel.: +32 081 32 26 40
Email: info@bewapp.be

5. 6 How is your personal data processed?

Users’ data will be used in a lawful, fair and transparent manner for the direct processing of their requests, their messages or the actions in which they participate via the website. The data will be processed in such a way as to guarantee appropriate security of personal data, including protection against unauthorised or unlawful processing and against loss.

5. 7 What rights can you exercise over your personal data?

In accordance with the of the European Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, users have complete visibility of how their data is processed.

Users may assert the rights granted to them below by sending the data controller a signed and dated request, accompanied by a two-sided copy of their identity document, submitted in person or sent by post to the following address –

Be WaPP asbl
Chaussée de Liège 221, B-5100 Jambes (Namur)
Tel.: +32 081 32 26 40
E-mail: info@bewapp.be

– or by any other means of telecommunication.

If the request is submitted in person, the person receiving it shall immediately issue a dated and signed confirmation of receipt to the originator of the request.

If you do not receive a satisfactory response to a request relating to your personal data, you can contact our data protection officer by e-mail at info@bewapp.be or by post at the following address: Data Protection Officer, Be WaPP asbl, Chaussée de Liège 221, B-5100 Namur.

5. 7. 1 Right of access

Portal users have the right to obtain from the data controller notification, in an intelligible form, of the data undergoing processing, as well as any information available as to the origin of this processing.

The information will be provided promptly, and within 30 days at the latest of receipt of the request.

5. 7. 2 Right to rectification

Users may, at no cost, have any inaccurate personal data concerning them rectified, and may also have deleted or removed any personal data concerning them which, given the purposes of the processing, is incomplete or irrelevant, or whose recording, disclosure or storage is prohibited or which has been stored beyond the authorised period.

Data rectifications or deletions requested must be notified by the data controller within one month of the request being made, to the user and to the persons to whom the incorrect, incomplete and irrelevant data have been provided, unless such notification proves impossible or would involve disproportionate effort.

5. 7. 3 Right to object

Users have the right to object, for legitimate and genuine reasons relating to a specific situation, to the processing of data concerning them, unless that data is gathered to comply with a statutory obligation, is necessary for the performance of a contract to which the user is party, or is used for a purpose for which the users have given their unequivocal consent;

Where there is justified objection, the processing carried out by the data controller may no longer involve that data.

5. 7. 4 Right to data portability

Users have the right to receive, in a structured, commonly used and machine-readable format, personal data concerning them that has been provided to the data controller and have the right to transmit this data to another data controller without the data controller to whom the personal data was initially communicated objecting, where:

the processing is on the basis of consent or a contract;

the processing is performed automatically.

5. 7. 5 Right to be forgotten and the right to restrict the processing of data.

Users have the right to have their personal data erased. They also have the right to restrict the use of their personal data. In either case, the conditions laid down by law or in regulations must be met. Users may request the erasure of their personal data by sending an e-mail to the following address:

info@bewapp.be

The data protection policy does not affect the rights of Be WaPP asbl in respect of certain users for whom a contract, law or other contractual, regulatory or legal document authorises more extensive operations. Where this is the case, the standard most favourable to Be WaPP asbl shall apply.

5. 8 How are cookies used?

The ‘FixMyStreet Wallonia’ website seeks to inform visitors about the use of what the law describes as ‘information stored in the terminal equipment of an end user’, more commonly referred to as ‘cookies.

A cookie is a file sent by the server of the ‘FixMyStreet Wallonia’ website that is saved on the hard drive of your computer, keeps a trace of the website visited, and contains a certain amount of information about that visit.

The user may prevent the installation of cookies on their computer by configuring their browser accordingly. However, this configuration may prevent access to some portal services.

5. 8. 1 Functional cookies:

Cookies specific to the website ‘FixMyStreet Wallonia’ are used to facilitate management of the website’s customisation features. The following data are stored by our cookies:

- We store the language used by the user when they visit the website in a cookie, so that it is then possible to directly reload the website in the language chosen by the user during the last visit. This cookie is valid for one year;
- We store the preferred display language from the chosen map in a cookie, to be able to display the map in the language selected. The default display language is French. This cookie is valid for one year.
- We store the fact that the cookies banner was closed in a cookie to avoid re-prompting users every time they browse the website. This cookie is valid for one week.

5. 8. 2 Statistical cookies:

The ‘FixMyStreet Wallonia’ website uses ‘Google Analytics’ services to analyse traffic and the behaviour of users of its website.

Statistical cookies enable the ‘FixMyStreet Wallonia’ website to ascertain, for example, the number of visitors, their geographical location, how they reached the website (how they accessed it, via which page/link, the pages visited during their session and the links they clicked on when they left the site), the time of their visit, etc. These cookies are anonymous and may be stored for up to 2 years.

5. 9 What security measures are taken to protect your data?

5. 9. 1 Quality

The ‘FixMyStreet Wallonia’ website makes every effort to rectify or erase inaccurate, incomplete, irrelevant or prohibited data, and to keep it up to date.

5. 9. 2 Confidentiality

The ‘FixMyStreet Wallonia’ website shall ensure that people working under its authority only have access to, and can only process, the data they need to carry out their duties or that is indispensable for the purposes of the service and, additionally, that these persons are informed of the principles and provisions of the law on the protection of privacy in the processing of personal data and its implementing regulations.

5. 9. 3 Security

To guarantee the security of personal data, the ‘FixMyStreet Wallonia’ w3ebsite has put in place appropriate technical and organisational security measures against accidental or unauthorised destruction, accidental loss, modification, access, and any other unauthorised processing of the information received on the portal.

The measures taken provide an appropriate level of protection, allowing for the costs involved in applying them, the state of the art in this regard and the nature of the data to be protected, as well as the potential risks.

5. 10 How long are personal data kept for?

Personal data is currently stored with no time limit. However, the data will be anonymised after a period of two years. Where this is the case, users can always request the erasure of their personal data via info@bewapp.be

5. 11 Is there a personal data processing register?

In accordance with Article 30 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation), Be WaPP asbl keeps a register of personal data processing activities.

5. 12 What action can be taken?

If it is believed that the personal data has been processed in a way that is not compliant with the European Regulation, the user may, free of charge, file a complaint with the supervisory authority in the event of difficulties encountered in exercising the above rights, or in the event of non-compliance with the obligations arising from the Regulation.

Users also benefit from a right of effective judicial remedy against certain actions and decisions by the supervisory authority when it issues a legally binding decision, or when it fails to notify the user about the progress or outcome of the user’s claim within three months.

6. Dispute settlement, jurisdiction and governing law

These terms and conditions are governed by Belgian law and by the European Regulation. Any dispute arising from, or in connection with the use of, this service will be the subject of conciliation. If conciliation fails, the courts of the judicial district of Namur (Belgium) shall have jurisdiction of the dispute.

A printed version of this agreement and any notification issued in electronic format will be accepted in any judicial or administrative proceedings arising from, or relating to, this agreement, in the same manner and subject to the same terms and conditions as other commercial documents and registers created and stored in printed form.

7. Contact

Be WaPP asbl

Chaussée de Liège 221, B-5100 Jambes (Namur)

Tel.: +32 081 32 26 40

Contact e-mail address for all enquiries relating to human rights: 

info@bewapp.be