General terms and conditions applicable to digital stakeholders listed on digitalwallonia.be

Digitalwallonia.be (hereinafter the “Website”) is the platform for Digital Wallonia, created, managed and operated by the AdN (hereinafter “we”, “us”, […]

Digitalwallonia.be (hereinafter the “Website”) is the platform for Digital Wallonia, created, managed and operated by the AdN (hereinafter “we”, “us”, or the “AdN”). It is one of the actions taken within the context of Wallonia’s digital strategy. It’s main purpose is to help you!

The AdN does everything it can to make sure that its Website and databases are up-to-date and reflect and promote Walloon expertise and savoir-faire, to which your business contributes, as effectively as possible.

If you and/or your company (hereinafter referred to collectively as “you” or the “Company”) do not want to be listed on our Website and in our databases, please let us know immediately by emailing info@digitalwallonia.be or by using the contact details that you will find in our legal information.

Conversely, if the Company decides it would like to be listed as a digital stakeholder, it must accept the terms and conditions described below so that we can fulfil our role as successfully as possible.

We would like to draw your attention to the fact that, as mentioned below, we assume that your Company would like to be listed on the Website.

By choosing to be listed on the Website as a digital stakeholder, the Company unreservedly and fully accepts:

• these general terms and conditions applicable to listed digital stakeholders;
• our general terms and conditions for using the website(available by following this LINK);
• our privacy policy(available by following this LINK); and
• our cookies policy(available by following this LINK).

To comply with good management requirements, we must assume that the Company has decided to be listed on the Website if, having familiarised itself with or been informed of the fact that it was or could be listed on the Website, it did not express its desire not to appear on it. Any interaction with the Website or the AdN relating to the presence of information about your Company on our Website implies the Company’s agreement with all the contractual texts mentioned above (unless explicitly mentioned otherwise by the Company).

Your Company cannot be listed on the Website if it has not accepted all the contents of the contractual texts mentioned above.

If there is any discrepancy between the different texts listed above,

• the privacy and cookies policies take precedence over all the other texts; and
• these general terms and conditions applicable to listed digital stakeholders take precedence over the general terms and conditions for using the site.

In the interests of the AdN and the Company, and in order to ensure effective collaboration between the parties, they will make sure they establish good communication channels.

Within the context of their communication and notifications, the parties will use the following channels and contact details:

• The AdN will preferably be contacted via the email address info@digitalwallonia.beand, in the event of any error or unavailability, via the other contact details mentioned in the legal information.
• The Company will be contacted via the Company’s email address or the email address of its point of contact, as mentioned in the Company profile on the Website (hereinafter the “Point of Contact”). The Company may also be informed via general announcements on the Website, or specific messaging channels put in place by the AdN.

In general, the Point of Contact is assumed to be the individual legally authorised to represent the Company in its relationship with AdN, and to verify and update the Company’s details and information on the Website. The Company undertakes to keep its contact details, as well as those of its Point of Contact, up-to-date.

The information that appears on the Website about the Company is general in nature and does not fulfil any administrative or legal purpose or formality. It in no way replaces official publications and does not excuse your Company from any formality imposed by the law or its nature.

The AdN’s Website and Databases (including details and information relating to your Company) are used and managed in accordance with the AdN’s aims and roles, as defined by law, its articles of association and the management contract entered into with the Walloon Government.

The main roles of the AdN are to give structure to Wallonia’s digital ecosystem, to provide operational services to its stakeholders, and to bring stakeholders together and promote initiatives.

As a result, the details and information are not only used within the AdN and made public on the Website and other partner platforms, but also used for different purposes including, among others, the provision of services or sharing with partners.

Among other things, the AdN will be able to provide access to its databases as a service to partners who, in turn, will reuse the details to provide information about the Company and list it within the context of their own activities. Sometimes, these partners will also be able to contribute to changing or updating the Company’s details and information.

The AdN would also like to use the information and details on the Website and in its databases in order to put together data sets, made available via Open Data. The Company is also invited to find out about the AdN’s activities and the aims of the Website by browsing the Website.

The AdN cannot guarantee to the Company that the Website will not suffer any disruptions or be affected by other technical problems.

In general, the content of the Website may be adapted, modified, added to or removed at any time, and the Site may also become temporarily or permanently unavailable, without any announcement or communication of any kind (unless specified in the point below), without any obligation to give reasons.

As the services provided to the Company are free of charge, the AdN cannot guarantee any minimum service level other than the fact that it will fulfil its roles as best it can according to its resources and means.

As far as possible and within the limitations of its resources, the AdN does everything it can to make sure that the information published on the Website and about your Company is accurate, good quality and up-to-date. To do this, the AdN regularly collects and aggregates data gathered from different sources (official publications, public and private databases, social networks, your Company’s website, data collected from partners, information gathered from the media and the press etc.).

The AdN can however not guarantee the accuracy of the data, and needs the collaboration of the Company to this end. The Company therefore undertakes to check its profile on the Website on a regular basis and make sure that its information is always correct and up-to-date. If it is not informed otherwise by the Company, the AdN will assume that this is always the case.

If any errors, failures, misuse or breaches are identified relating to the information provided by the Website about your Company, if the Company feels that its rights have not been respected or if it would like certain details not to appear on the Website, the AdN will do everything it can to rectify the situation as quickly as possible as soon as the Company informs it of the nature of the problem.

If the AdN notices or is told that the Company’s details are no longer up-to-date, it will correct them itself as far as possible, and within the limits of the resources available. To a certain extent, and within the context of certain partnerships, third-party partners of the AdN may also correct or add to the Company’s details.

In order to ensure the highest level of transparency and control as far as the Company is concerned, any change to the details and information relating to the Company will be the subject of an automatic notification sent to the Company.

The AdN does not accept any liability for how the Company uses the Website and how it is presented in the Company profile. The Company remains fully responsible for its use of the Website and the details and information that it publishes or allows to appear on the Website.

Among others, the AdN cannot be held responsible for any direct or indirect damage resulting from the use or the aims of the Website or the information available on or via the Website, including, but not limited to, any loss, interruption to work or activities, damage to programmes or data on the user’s IT system or equipment and software, whether by virtue of a contract, civil law or any other doctrine, whether or not the AdN is informed of the occurrence of such damage.

Your only means of address is to ask the AdN for the details about your Company not to appear on the Website and not to be shared in the future by the AdN.

The text, layout, illustrations, images, sounds, style guides, software applications and other elements that make up the Website or are accessible on it (hereinafter “Protected Content”) may be the subject of intellectual property rights and, among other things, be protected by copyright or, as far as databases are concerned, by a specific right protecting the databases.

All of these elements may belong to the Agence du Numérique (AdN), third parties by whom the Agence du Numérique (AdN) has been given the necessary permissions if required by law, and/or the Company.

Unless otherwise specified, any reproduction of Protected Content, as well as all forms of use and communication to the public of such content are prohibited without prior authorisation or the owner(s) of the rights. Any request for authorisation relating to the AdN’s rights can be sent to info@digitalwallonia.be.

The Company understands that, despite its desire to help the Company, the AdN may not be able to allow it to reuse all of the details and information relating to the Company on the Website or in the AdN’s databases, among others, due to the fact that third parties may own the rights to these details or this information (for example: photos of events, press articles, third-party websites etc.). Under no circumstances can the AdN guarantee that your use of certain pieces of information appearing on the Website will not breach the rights of third parties.

The Company guarantees that it owns the intellectual property, or at least a license covering all the uses made by the AdN within the context of running the Website in accordance with its intended aims, to elements

1. that are part, in general, of the Company’s legal, public and/or commercial details (trademark, company name, logo, description of its activities, official photos of managers and employees etc.),
2. that it has provided to the AdN itself,
3. that it has added to the Website itself, or
4. that comes from its own website.

The Company grants the AdN a non-exclusive, free, worldwide license that can be transferred and sublicensed, to use, reproduce, modify, publish, communicate and share all the details and information about the Company, appearing on the Website or in the AdN’s databases, and to which the Company owns the exclusive rights (among others, copyright, database rights, trademark rights, commercial names).

Such a license is only granted for uses in accordance with the aims of digitalwallonia.be and the AdN’s roles and activities as described in these general terms and conditions and the other contractual texts listed in point 1 above. This license is only granted as long as the Company continues to be listed on the Website. The Company can also choose to remove certain details or information, and to inform the AdN of this decision: in this case, the license will come to an end as far as the content that has been removed is concerned, as soon as it has been removed.

The AdN and the Company undertake to do everything they can to avoid breaching third-party rights. When it regularly checks it profile and how it is presented on the Website, the Company also undertakes to inform the AdN if it discovers i) elements to which it knows or should know that neither it, nor the AdN, owns the necessary rights to allow them to appear on the Company’s profile, or ii) any other information that is illegal or damaging to third parties.

The Company undertakes to respect, and ensure respect for, the Belgian law of 8 December 1992 on data protection when it comes to processing personal information, any other rules applicable to data protection, and the AdN’s privacy policy.

The AdN may give the Company access codes (hereinafter “Login Details”) so that, to a certain extent, it can edit its details and information on the Website. The Login Details are for the named user only and are personal and confidential, and the Company undertakes not to disclose them. The Company assumes responsibility for all activities associated with its account and its Login Details, and their use is regarded as the Company’s use. The Company will make sure that any use of its account complies fully with these general terms and conditions and all applicable laws. The Company undertakes to inform the AdN if its contact details change or if its Login Details are lost or disclosed.

The Company agrees not to submit or pass on unlawful, threatening, defamatory, obscene, pornographic or blasphemous content, or content that might in any way break any law, regulation or rule. It also undertakes not to upload, email, post, forward, disseminate or publish in any other way via the Website any content that would disrupt normal operations, including by posting or passing on in any other way content that is nothing to do with the subject or the aim of which is to prevent others from using the Website.

The AdN reserves the right to disable the Login Details immediately, without compensation and without notice, if the Company breaches any of its obligations as imposed by this agreement.

The provisions of these terms and conditions apply and, if relevant, should be interpreted as being valid and applicable by virtue of the applicable law.

If a provision is regarded as being totally or partially invalid, illegal or unenforceable, the other provisions and terms and conditions will not be affected and will remain in full force and effect. Furthermore, in this case, the relevant provision or its invalid, illegal or unenforceable part will be replaced with a new valid provision, whose effects correspond as closely as possible to the objectives of the relevant provision.

These terms and conditions are subject to Belgian legislation.

In the event of a dispute, the courts of Namur (Belgium) will have jurisdiction.