Privacy Policy

View the Guide to good practice for the General Data Protection Regulation (GDPR)

We attach great importance to respecting the privacy of the individuals whose personal data we process (applicants, staff members, researchers, experts involved in evaluations, members of scientific committees and juries, members of decision-making bodies and consultative organs, donors, suppliers, internet users) and to processing such data in the strictest confidence and in accordance with the legislation in force.

The Privacy Charter is intended to inform you, in full transparency, about the data we collect, the purpose for collecting it, how we use it, and the rights you have regarding the processing of your personal data.

On this page, we provide you with a simplified version of our Privacy Charter in the form of questions and answers. We also invite you to read the full version, which follows the simplified version.

We draw your attention to the need to read this Charter carefully. If you have any further questions, please do not hesitate to contact us at: privacy@frs-fnrs.be

 

1. WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA?

The Fonds de la Recherche Scientifique – FNRS is the data controller responsible for processing your personal data.

Public-Utility Foundation

Fonds de la recherche scientifique – FNRS (F.R.S.-FNRS)

Rue d’Egmont 5

1000 Brussels

Belgium

Company number (CBE): 0885.324.344

privacy@frs-fnrs.be

We have appointed a single point of contact within our organisation: a Data Protection Officer (more commonly referred to as a “DPO”), whose contact details are as follows:

AdaStone SRL

Chaussée de la Hulpe, 166

B – 1170 Brussels

Belgium

Company number (CBE): 0761.830.278

privacy.fnrs@adastone.law

 

2. WHAT DATA DO WE COLLECT?

We collect your data—personal or otherwise—depending on your profile/status, for various purposes defined in the following section (see section 3). The personal data provided to the F.R.S.-FNRS and its specialised Associated Funds are those you provide to us for the purposes listed in the full version of the Privacy Charter. These include, for example, the following categories of data, depending on your profile/status:

  • your identification data (surname, first name, title, email address, date of birth and addresses);
  • data relating to your academic and professional background;
  • your banking details (bank card number, IBAN and BIC/SWIFT);
  • your communications (by email or otherwise);
  • the type of domain you use to connect to the internet;
  • the IP address assigned to you;
  • the date and time you access our site;
  • location data or other data relating to communications;
  • the pages you have viewed on our site;
  • the type of browser, platform and/or operating system you use;
  • the search engine and the keywords used to find the site;
  • your browsing preferences;
  • any other data you may provide to us.

The complete list of data collected depending on your profile/status is included in the full version of the Privacy Charter.

3. FOR WHAT PURPOSE DO WE COLLECT YOUR DATA?

We collect your data mainly for the dissemination of information and the promotion of activities devoted to scientific research; for the administrative and scientific management of your funding application; for the evaluation of applications; for remuneration processes related to activities linked to the F.R.S.-FNRS and its specialised Associated Funds; for fundraising; and, more generally, to communicate easily with you. Lastly, your data also enable us to improve and facilitate your browsing experience on our sites. In the full version of the Privacy Charter, the purposes of data processing are detailed depending on your profile/status. In addition, the legal bases for processing your data are listed in the full version of the Privacy Charter.

4. HOW DO WE COLLECT YOUR DATA?

When using our online platforms, most of your data are provided to us through your active intervention—for example, when you submit your identification data for a funding application or register as an expert. Other data, such as the date and time you access our site, the pages you have viewed or your location data, are collected automatically via the servers consulted and the “cookies” placed on our site. For more information about what a “cookie” is, its purpose, and the exact data it collects, please consult our Cookie Policy.

We may also collect data about you through third parties, in which case we will inform you.

5. IS YOUR DATA PROTECTED?

We attach great importance to respecting the privacy of the persons concerned. We apply a strict confidentiality policy and take all appropriate measures so that our servers prevent, as far as possible, any leakage, destruction, loss, disclosure, use, access or unauthorised modification of your data.

6. HOW LONG DO WE KEEP YOUR DATA?

We keep your data for as long as necessary to achieve the aims and objectives pursued (see section 3). Retention periods may vary from one processing operation to another, depending on the purpose pursued and the legal basis that may justify such retention periods.

7. WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

At any time, you may request verification of, access to, rectification, deletion or transfer of your data; you may object to the use of your data; and you may request restriction of processing. To do so, simply send us an email at: privacy@frs-fnrs.be

We will then do everything necessary to address your request as quickly as possible.

8. WHO HAS ACCESS TO YOUR DATA AND TO WHOM IS IT DISCLOSED?

Members of our staff and our processors have access to your data only to the extent necessary to achieve the objectives pursued (see section 3). Each of them is bound by a strict confidentiality obligation. The categories of recipients are listed in the full version of the Privacy Charter.

9. DO WE TRANSFER YOUR DATA ABROAD?

We transfer your data to a country outside the European Union only if that country ensures a level of protection equivalent to that which you benefit from in your country of residence (for more information, see: https://goo.gl/1eWt1V) or within the limits permitted by the legislation in force, for example by ensuring data protection through appropriate contractual arrangements.

10. HOW TO RECEIVE OUR INFORMATION

We use your email address only to follow up on your requests, manage your registrations and inform you about the activities of the F.R.S.-FNRS.

11. WHAT IS OUR POLICY REGARDING DATA CONCERNING MINORS?

Our sites are not intended for children under 18. If you discover that your minor child has provided us with personal data without your consent, contact us at: privacy@frs-fnrs.be   

12. WHAT HAPPENS IF THE CHARTER IS AMENDED?

If we amend this Charter, you will be informed via our websites. Do not forget to consult the Privacy Charter regularly, ideally each time you visit our sites. The effective date of the Charter appears at the top of this document.

13. WHAT TO DO IN CASE OF A DISPUTE?

Lengthy court proceedings benefit no one. In the event of a dispute between us, we undertake to favour dialogue and openness in seeking an amicable solution. You may also contact the Data Protection Authority.


PRIVACY CHARTER

Fonds de la Recherche Scientifique – FNRS

Effective as of: 25/05/2018

Amended on: 25/05/2022

 

1. GENERAL NOTICE

1.1 The F.R.S.-FNRS, a public-utility foundation (hereinafter “F.R.S.-FNRS”), respects the privacy of its applicants, researchers, experts selected to carry out an evaluation or members of scientific committees and juries, members of its decision-making bodies and consultative organs, staff members, donors, suppliers, and users (hereinafter the “Data Subjects”). This also applies to the specialised Associated Funds under the supervision of the F.R.S.-FNRS, to which the provisions of this Charter applicable to the F.R.S.-FNRS also apply.

1.2 The F.R.S.-FNRS processes the personal data provided to it in accordance with the legislation in force, and in particular Regulation (EU) 2016/679 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, applicable from 25 May 2018 (hereinafter the “General Data Protection Regulation”).

1.3 Access to the websites managed by the F.R.S.-FNRS (hereinafter the “Websites”) or use of their services implies the Data Subject’s full and unreserved acceptance of this privacy charter (hereinafter the “Charter”), as well as the general terms of use (hereinafter the “General Terms of Use (GTU)”) and the cookie policy (hereinafter the “Cookie Policy”). With regard to the Websites, the Charter applies to all pages hosted on the Websites and to recordings of these Websites. It does not apply to pages hosted by third parties to which the F.R.S.-FNRS may refer, whose privacy policies may differ. The F.R.S.-FNRS cannot therefore be held responsible for any data processed on those websites or by them.

1.4 The Data Subject acknowledges having read the information below and authorises the F.R.S.-FNRS to process, in accordance with what is specified in the Charter, the personal data that he/she communicates to the F.R.S.-FNRS in connection with the services offered.

1.5 Photos and videos may be taken and used in the context of events and activities of the F.R.S.-FNRS in which you may participate. These photos and videos may be relayed on social networks, our websites, and our communication and information media. If, during these events, you do not wish to be photographed and/or filmed for the aforementioned purposes, please inform the F.R.S.-FNRS at the time of your registration for or participation in these events or activities. You may exercise your rights (access, rectification, deletion, etc.) by sending an email to privacy@frs-fnrs.be and by similarly sending us a copy of your identity card.

https://www.ovh.com/fr/community/mailing.xml

2. DATA CONTROLLER AND DATA PROTECTION OFFICER

2.1 In the course of the F.R.S.-FNRS’ activities, the Data Subject may be required to provide certain personal data. In such case, the controller responsible for processing those data is:

Public-Utility Foundation

Fonds de la recherche scientifique – FNRS (F.R.S.-FNRS)

Rue d’Egmont 5

1000 Brussels

Belgium

Company number (CBE): 0885.324.344

Privacy@frs-fnrs.be

2.2 We have appointed a single point of contact within our organisation: a Data Protection Officer (more commonly referred to as a “DPO”), whose contact details are as follows:

AdaStone SRL

Chaussée de la Hulpe, 166

B – 1170 Brussels

Belgium

Company number (CBE): 0761.830.278

privacy.fnrs@adastone.law

The tasks of the Data Protection Officer appointed by the F.R.S.-FNRS include at least the following:

  1. to inform and advise the controller or the processor and the employees who carry out processing of their obligations under the legislation in force on data protection;
  2. to assist the controller in monitoring compliance with the legislation in force and the internal rules of the F.R.S.-FNRS regarding personal data protection, including the allocation of responsibilities, awareness-raising and training of staff involved in processing operations, and related audits;
  3. to provide advice, upon request, regarding the data protection impact assessment and to monitor its performance;
  4. to cooperate with the supervisory authority;
  5. to act as a contact point for the supervisory authority on issues relating to processing, including prior consultation and conducting consultations, where appropriate, on any other matter.

2.3 Any question or request regarding the processing of these data may be addressed to: privacy@frs-fnrs.be

3. DATA COLLECTED 

3.1      By registering or completing a form made available by the F.R.S.-FNRS on its Websites or in paper format (for example “Expert registration”, “Funding application form”, “FNRSNews magazine subscription”), the Data Subject enables the F.R.S.-FNRS to record and store, for the purposes referred to in section 4, the following information:

If the Data Subject is an applicant,

  • identification data, such as surname, first name, title, email address, date of birth, telephone numbers and addresses;
  • personal and family information necessary for the performance of the legal obligations arising from the activities of the F.R.S.-FNRS;
  • communications between the Data Subject and the F.R.S.-FNRS;
  • data relating to the academic and professional/scientific background of the Data Subject in the context of funding applications.

If the Data Subject is an internet user,

When an internet user accesses the F.R.S.-FNRS Websites, the servers consulted automatically record certain data, such as:

  • for services requiring authentication, identification data such as surname, first name, title, email address, date of birth, telephone numbers and addresses;
  • the type of domain used by the internet user to connect to the Internet;
  • the IP address assigned to the internet user (upon connection);
  • the date and time of access to the F.R.S.-FNRS Websites and other traffic-related data;
  • location data or other data relating to communications;
  • the pages consulted by the internet user on the F.R.S.-FNRS Websites;
  • the type of browser, platform and/or operating system used by the internet user;
  • the search engine and keywords used to locate the site;
  • browsing preferences.

In order to facilitate navigation on the Websites and optimise technical management, the Websites may use “cookies”. All information relating to cookies is included in the Cookie Policy of the F.R.S.-FNRS.

No personal data enabling the identification of the internet user are collected via cookies and servers consulted. Such information is retained solely for statistical purposes and for improving the Websites.

If the Data Subject is a member of the administrative staff,

  • identification data such as surname, first name, title, email address, date of birth, telephone numbers and addresses, national register number;
  • personal, family and banking information necessary for the performance of legal obligations arising from the activities of the F.R.S.-FNRS;
  • communications between the Data Subject and the F.R.S.-FNRS;
  • data relating to the academic and professional/scientific background of the Data Subject;
  • photos and videos identifying the Data Subject.

If the Data Subject is a researcher funded by the F.R.S.-FNRS or one of its specialised Associated Funds,

  • identification data such as surname, first name, title, email address, date of birth, telephone numbers and addresses, national register number;
  • personal, family and banking information necessary for the performance of legal obligations arising from the activities of the F.R.S.-FNRS;
  • communications between the Data Subject and the F.R.S.-FNRS;
  • data relating to the academic and professional/scientific background of the Data Subject in the context of research projects;
  • data relating to research activities, including travel and the names of persons associated with the research activities;
  • photos and videos identifying the Data Subject.

If the Data Subject is an expert,

  • identification data such as surname, first name, title, email address, date of birth, telephone numbers and addresses;
  • personal, family and banking information necessary for the performance of legal obligations arising from the activities of the F.R.S.-FNRS;
  • communications between the Data Subject and the F.R.S.-FNRS;
  • data relating to the academic and professional/scientific background of the Data Subject in the context of managing their expert profile.

If the Data Subject is a member of a scientific committee or jury,

  • identification data such as surname, first name, title, email address, date of birth, telephone numbers and addresses;
  • personal, family and banking information necessary for the performance of legal obligations arising from the activities of the F.R.S.-FNRS;
  • communications between the Data Subject and the F.R.S.-FNRS;
  • data relating to the academic and professional/scientific background of the Data Subject in the context of managing their expert profile;
  • photos and videos identifying the Data Subject, in particular recordings of meetings.

If the Data Subject is a member of a decision-making body or consultative body,

  • identification data such as surname, first name, title, email address, date of birth, telephone numbers and addresses;
  • personal, family and banking information necessary for the performance of legal obligations arising from the activities of the F.R.S.-FNRS;
  • communications between the Data Subject and the F.R.S.-FNRS;
  • photos and videos identifying the Data Subject, in particular recordings of meetings of decision-making and consultative bodies.

If the Data Subject is a supplier,

  • identification data such as surname, first name, title, email address, date of birth, telephone numbers and addresses of contact persons.

If the Data Subject is a donor,

  • identification data such as surname, first name, title, email address, date of birth, telephone numbers and addresses, national register number;
  • banking details (credit card number, IBAN and BIC/SWIFT);
  • personal, family and banking information necessary for the performance of legal obligations arising from the activities of the F.R.S.-FNRS;
  • communications between the Data Subject and the F.R.S.-FNRS.

3.2 The Data Subject also authorises the F.R.S.-FNRS to record and store, for the purposes referred to in section 4:

  • information voluntarily provided by the Data Subject for a specific purpose defined in the Charter, the GTU, the Cookie Policy, on the Websites or on any other communication medium used by the F.R.S.-FNRS;
  • additional information requested by the F.R.S.-FNRS in order to identify the Data Subject or prevent any breach of the Charter.

3.3       We also collect certain data about you through third parties. This may occur, in particular, when an applicant submits a funding application and mentions your surname, first name and email address in order to complete their application file; in the context of joint management of calls for proposals with other research funding agencies; in the context of the F.R.S.-FNRS acting as a scientific evaluator of applications submitted to third-party organisations; or for photographs and videos produced by subcontractors on behalf of the F.R.S.-FNRS during events.

4. PURPOSES OF PROCESSING

4.1       We process your data for various purposes. For each processing operation, only the data relevant to the purpose concerned are processed. Processing consists of any operation (manual or automated) performed on personal data. The F.R.S.-FNRS collects, records and uses the data of the Data Subjects in order to promote the activities of the F.R.S.-FNRS and scientific research, in particular for the following purposes:

If the Data Subject is an applicant,

  • to process your files submitted to the F.R.S.-FNRS;
  • to forward your file to the evaluators and partners involved in your file, and to collect the related assessments;
  • to properly manage any activities for which you are registered;
  • to disseminate and promote research news;
  • to publish the results of the evaluation processes organised by the F.R.S.-FNRS;
  • to establish, perform and manage the contractual relationship with the Data Subject;
  • to carry out statistical surveys;
  • to respond to your requests for information;
  • to inform you about publications and activities of the F.R.S.-FNRS;
  • to subscribe to F.R.S.-FNRS services (magazine, RSS feed, etc.);
  • to enable the Data Subject to receive messages;
  • for any other purpose for which the Data Subject has given express consent.

If the Data Subject is an internet user,

  • to carry out statistical surveys;
  • to analyse, adapt and improve the content of the Websites;
  • to disseminate and promote research news;
  • to subscribe to F.R.S.-FNRS services (magazine, RSS feed, etc.);
  • to enable the Data Subject to receive messages;
  • to facilitate the provision and use of the Websites;
  • to personalise the internet user’s experience on the Websites;
  • to inform them about changes to the Websites and their functionalities;
  • for any other purpose for which the Data Subject has given express consent.

If the Data Subject is a member of the administrative staff,

  • to properly manage any activities for which you are registered;
  • to disseminate and promote research news;
  • to establish, perform and manage the contractual relationship with the Data Subject;
  • to respond to your requests for information;
  • to inform you about publications and activities of the F.R.S.-FNRS;
  • to subscribe to F.R.S.-FNRS services (magazine, RSS feed, etc.);
  • to enable the Data Subject to receive messages;
  • for any other purpose for which the Data Subject has given express consent.

 If the Data Subject is a researcher funded by the F.R.S.-FNRS or one of its specialised Associated Funds,

  • to ensure follow-up of ongoing research projects and reporting of funded activities;
  • to properly manage any activities for which you are registered;
  • to disseminate and promote research news;
  • to establish, perform and manage the contractual relationship with the Data Subject;
  • to carry out statistical surveys;
  • to respond to your requests for information;
  • to inform you about publications and activities of the F.R.S.-FNRS;
  • to subscribe to F.R.S.-FNRS services (magazine, RSS feed, etc.);
  • to enable the Data Subject to receive messages;
  • for any other purpose for which the Data Subject has given express consent.

If the Data Subject is an expert,

  • to build a database of experts for the F.R.S.-FNRS;
  • to ensure follow-up of ongoing research projects and reporting of funded activities;
  • to disseminate and promote research news;
  • to publish the results of the evaluation processes organised by the F.R.S.-FNRS;
  • to establish, perform and manage the contractual relationship with the Data Subject;
  • to carry out statistical surveys;
  • to respond to your requests for information;
  • to inform you about publications and activities of the F.R.S.-FNRS;
  • to subscribe to F.R.S.-FNRS services (magazine, RSS feed, etc.);
  • to enable the Data Subject to receive messages;
  • for any other purpose for which the Data Subject has given express consent.

If the Data Subject is a member of a scientific committee or a jury,

  • to record meetings for the purpose of drafting minutes;
  • to build a database of experts for the F.R.S.-FNRS;
  • to ensure follow-up of ongoing research projects and reporting of funded activities;
  • to disseminate and promote research news;
  • to publish the results of the evaluation processes organised by the F.R.S.-FNRS;
  • to establish, perform and manage the contractual relationship with the Data Subject;
  • to carry out statistical surveys;
  • to respond to your requests for information;
  • to inform you about publications and activities of the F.R.S.-FNRS;
  • to subscribe to F.R.S.-FNRS services (magazine, RSS feed, etc.);
  • to enable the Data Subject to receive messages;
  • for any other purpose for which the Data Subject has given express consent.

If the Data Subject is a member of a decision-making body or a consultative body,

  • to record meetings for the purpose of drafting minutes;
  • to establish, perform and manage the contractual relationship with the Data Subject;
  • to respond to requests for information;
  • to disseminate and promote research news;
  • to inform about publications and activities of the F.R.S.-FNRS;
  • to enable the Data Subject to receive messages;
  • for any other purpose for which the Data Subject has given express consent.

If the Data Subject is a supplier,

  • to respond to requests for information;
  • to establish, perform and manage the contractual relationship with the Data Subject;
  • for any other purpose for which the Data Subject has given express consent.

If the Data Subject is a donor,

  • to manage fundraising activities;
  • to disseminate and promote research news;
  • to carry out statistical surveys;
  • to respond to requests for information;
  • to inform you about publications and activities of the F.R.S.-FNRS;
  • to subscribe to F.R.S.-FNRS services (magazine, RSS feed, etc.);
  • to enable the Data Subject to receive messages;
  • for any other purpose for which the Data Subject has given express consent.

If your data were collected by a third party:

  • to fulfil the purposes specific to the processing carried out by that organisation, jointly with the F.R.S.-FNRS or otherwise;
  • for reporting and statistical analysis;
  • in the context of the evaluation of funding applications.

4.2      The legal basis for the processing of your personal data is:

- Your consent:

In particular, we make the processing of your data subject to your consent when registering for scientific events or activities organised by the F.R.S.-FNRS and any partners, or when you subscribe to a promotional service of the F.R.S.-FNRS (for example, a subscription to FNRSNews).

- Performance of any request on your part:

We need to collect certain data to respond to any request from you. If you choose not to share these data with us, this may make performance of the contract impossible (example: management of your funding applications).

- A legal obligation incumbent on the data controller:

We need to collect and retain certain data in order to comply with various legal obligations, in particular tax and accounting obligations.

- Performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller

- Our legitimate interest, provided it is consistent with your interests, fundamental freedoms and rights:

We have a legitimate interest in processing this information and communicating with you, in particular to respond to your requests or improve our services, efficiently organise the selection process for funding applications, prevent abuse and fraud, verify the regularity of our operations, exercise, defend and protect our rights (for example in the event of disputes), establish evidence of a potential infringement of our rights, manage and improve our relationship with you, and continuously improve our website and services—unless such interests are overridden by your interests or your fundamental freedoms and rights requiring the protection of your personal data. In any event, we ensure that a proportionate balance is maintained between our legitimate interest and respect for your privacy.

If the legal basis for our processing is your consent, you have the right to withdraw it at any time, without affecting the lawfulness of processing carried out before the withdrawal.

5. RIGHTS OF THE DATA SUBJECT

5.1       Under the regulations governing the processing of personal data, the Data Subject has the following rights:

  • Right to be informed of the purposes of the processing (see above) and of the identity of the data controller.
  • Right of access: the Data Subject may at any time access the data held by the F.R.S.-FNRS about them, or check whether they are included in the F.R.S.-FNRS database.
  • Right to rectification: we take all reasonable measures to ensure that the data we hold are up to date. We encourage you to access your account from time to time (if applicable) or contact us to ensure your data are up to date. If you find that your data are inaccurate or incomplete, you have the right to ask us to correct them.
  • Right to object: the Data Subject may at any time object to the use of their data by the F.R.S.-FNRS and its active partners (the host institution of the project, the evaluators of the file, other institutional partners of the F.R.S.-FNRS, etc.).
  • Right to erasure: the Data Subject may at any time request the erasure of their personal data, except for those that the F.R.S.-FNRS is legally obliged to retain.
  • Right to restriction of processing: the Data Subject may, in particular, obtain restriction of processing when they have objected to processing, when they contest the accuracy of the data, or when they consider that the processing is unlawful.
  • Right to data portability: the Data Subject has the right to receive the personal data they have provided to the F.R.S.-FNRS and may also request that these data be transferred to another data controller.

5.2       In order to exercise their rights, the Data Subject submits a written request, together with a copy of their identity card or passport, to the data controller:

Fonds de la recherche scientifique – FNRS (F.R.S.-FNRS)

Rue d’Egmont 5

1000 Brussels

Belgium

5.3       The F.R.S.-FNRS will then take the necessary steps to satisfy this request as soon as possible and, in any event, within one month of receipt of the request. If necessary, this period may be extended by two months, taking into account the complexity and number of requests.

6. RETENTION PERIOD

6.1       The F.R.S.-FNRS retains the personal data of the Data Subjects for as long as necessary to fulfil the purposes pursued (see section 4).

Retention periods may vary from one processing operation to another, depending on the purpose pursued and the legal basis that may justify such retention periods.

6.2       The F.R.S.-FNRS may also continue to hold personal data relating to a Data Subject who has unsubscribed, including any correspondence or support requests addressed to the F.R.S.-FNRS, in order to respond to any questions or complaints submitted after the processing, to ensure the proper conduct of the F.R.S.-FNRS activities, and to comply with all applicable laws, in particular tax laws or other legal requirements.

7. COMPLAINT TO THE SUPERVISORY AUTHORITY

The Data Subject is informed that they have the right to lodge a complaint with the Data Protection Authority (DPA – formerly known as the Commission for the Protection of Privacy), whose contact address is as follows:

Data Protection Authority
Rue de la Presse 35, 1000 Brussels

Tel: +32 (0)2 274 48 00

E-mail: contact@apd-gba.be

8. SECURITY

8.1       The F.R.S.-FNRS has implemented appropriate organisational and technical measures to ensure a level of security appropriate to the risk and to ensure that the servers hosting the processed personal data prevent, as far as possible:

  • unauthorised access to or modification of such data;
  • improper use of or disclosure of such data;
  • unlawful destruction of or accidental loss of such data.

8.2       In this respect, the members of F.R.S.-FNRS staff who have access to such data are bound by a strict confidentiality obligation. However, the F.R.S.-FNRS cannot be held liable in the event that such data are misappropriated by a third party despite the security measures adopted.

8.3       The Data Subjects undertake not to engage in any conduct that may be contrary to this Charter, the GTU, the Cookie Policy or, more generally, the law. Offences against the confidentiality, integrity and availability of IT systems and data stored, processed or transmitted by such systems, or attempted offences, are punishable by imprisonment from three months to five years and a fine ranging from twenty-six euros to two hundred thousand euros, or one of these penalties only, without prejudice to any other legal provisions applicable to such offences.

9. DISCLOSURE TO THIRD PARTIES

9.1       The F.R.S.-FNRS considers personal data to be confidential information. It will not disclose such data to third parties other than under the conditions specified in the Charter, and only in order to achieve the objectives referred to and defined in section 4, or under the conditions required by law.

9.2       Access to the data, in addition to access reserved for the data controller and its staff members as indicated in Article 8 above, may, in certain cases, be granted to certain categories of external recipients, such as technical service providers, messaging services, hosting providers, IT companies, legal advisers, communication agencies, expert evaluators, research funding agencies, and host institutions for research projects.

9.3       The updated list of these recipients may be requested at any time from the data controller.

9.4       Disclosure of this information to the aforementioned persons must, in all circumstances, be limited to what is strictly necessary or required by the applicable regulations.

10. TRANSFER TO A COUNTRY OUTSIDE THE EUROPEAN ECONOMIC AREA

10.1     The F.R.S.-FNRS transfers data to a country outside the European Economic Area only where that country ensures an adequate level of protection within the meaning of the legislation in force and, in particular, within the meaning of the General Data Protection Regulation (for more information on countries offering an adequate level of protection, see: https://goo.gl/1eWt1V), or within the limits permitted by the legislation in force, for example by ensuring data protection through appropriate contractual provisions.

10.2    If you wish, you may obtain a copy of the contractual clauses by sending an email to: privacy@frs-fnrs.be

10.3     The information controlled by the F.R.S.-FNRS will be transferred or transmitted, or stored and processed, for example in other countries outside the country where you live, for the purposes described in this Charter. These data transfers are necessary to provide the services or to carry out the processing described in the Charter. We use standard contractual clauses approved by the European Commission and, where applicable, we rely on the European Commission’s adequacy decisions for certain countries, for example for transfers of data from the European Economic Area to Japan and other countries. If you have any questions in this regard, please do not hesitate to contact us at: privacy@frs-fnrs.be.

11. NOTE REGARDING MINORS

Persons under 18 years of age and persons who do not have full legal capacity are not authorised to use the Websites. The F.R.S.-FNRS asks them not to communicate their personal data via the Websites or by any other means. Any breach of this provision must be reported without delay to: privacy@frs-fnrs.be

12. UPDATES AND AMENDMENTS TO THE CHARTER

Subject to informing the Data Subjects via the Websites, by email or by any other means, the F.R.S.-FNRS may modify and adapt the Charter, in particular to comply with any new applicable legislation and/or regulations, recommendations of the DPA in Belgium, guidelines, recommendations and best practices of the European Data Protection Board, and decisions of the courts and tribunals in the matter. It is recommended to consult the Privacy Charter regularly by referring to the date of the last amendment indicated at the top of this document. If a Data Subject objects to any amendment to the Privacy Charter, they must immediately cease using the Websites or the services of the F.R.S.-FNRS and may request that the data controller delete their personal data in accordance with legal provisions and the conditions set out in Article 5.

13. VALIDITY OF CONTRACTUAL CLAUSES

13.1     The fact that the F.R.S.-FNRS does not invoke, at a given time, any provision of the Charter shall not be interpreted as a waiver of its right to rely on such provision at a later date.

13.2     The nullity, lapse or unenforceability of all or part of any of the preceding or following provisions shall not entail the nullity of the Charter as a whole. Any provision that is wholly or partially null, lapsed or unenforceable shall be deemed unwritten. The F.R.S.-FNRS undertakes to replace such provision with another that will, as far as possible, pursue the same objective.

14. APPLICABLE LAW AND COMPETENT JURISDICTION 

14.1     The validity, interpretation and/or performance of the Charter are governed by Belgian law, to the fullest extent permitted by the applicable rules of private international law.

14.2     In the event of a dispute relating to the validity, interpretation or performance of the Charter, the French-speaking Courts and Tribunals of the judicial district of Brussels shall have exclusive jurisdiction, to the fullest extent permitted by the applicable rules of private international law.

14.3     Before taking any steps aimed at judicial resolution of a dispute, the Data Subject and the F.R.S.-FNRS undertake to attempt to resolve it amicably. To this end, they will first contact each other before, where appropriate, resorting to mediation, arbitration or any other alternative dispute resolution method.