Terms of Use

Group content visibility: 
Use group defaults

European Union Agency for Railways Safety Alerts IT tool

Terms of Use

European Union Agency for Railways (hereinafter Agency) Safety Alerts IT tool is a platform, developed by Agency in the frame of DIRECTIVE (EU) 2016/798 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 May 2016 on railway safety. It facilitates the exchange of information among the relevant actors who identify or are informed of a safety risk relating to defects and construction non-conformities or malfunctions of technical equipment, including those of structural subsystems. Although relevant actors will need to satisfy the obligation in the Directive, the use of Safety Alerts IT tool is voluntary.

By using this IT tool you agree with these terms of use. Please read them carefully before using this tool.

You confirm that you are an employee or agent of one of the following categories of organisations and authorized by that organization to post and receive alerts from this tool on that organisation’s behalf: railway undertakings, infrastructure managers, entities in charge of maintenance, manufacturers, maintenance suppliers, keepers, and service providers, contracting entities, carriers, consignors, consignees, loaders, unloaders, fillers, unfillers or any other actor who identifies or is informed of a safety risk relating to defects and construction non-conformities or malfunctions of technical equipment, including those of structural subsystems.

You bare the full and sole responsibility for the content and information you publish or comment and for any consequences thereof, including the use of your content by other users. You understand that your content may be distributed, or published by other users and if you do not have the right to submit content for such use, it may subject you to liability. The Agency will not be responsible or liable for any use of your content by the Agency in accordance with these terms of use. You represent and warrant that you have all the rights, power and authority necessary to report and comment any content that you submit.

You shall publish only factual information, strictly avoid any speculation or theory which is not supported by facts. Before publishing any information, please consider very carefully its content and respect all applicable civil, administrative or criminal legislation of the EU Member States, including rules on criminal or civil liability, confidentiality, industrial and intellectual property. You shall refrain from judgmental statements, especially statements related to responsibility and/or liability.

Any information provided for publication in this Safety Alerts IT tool will be deemed to be non-confidential.

You are responsible for safeguarding the password that you use to access the Safety Alerts IT tool and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. The Agency cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You shall not circulate your password.

You agree that when using Agency Safety Alerts IT tool, you will not: 1) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 2) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; 3) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; 4) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; 5) Download any file posted by another user of an Agency Safety Alerts IT tool that you know, or reasonably should know, cannot be legally distributed in such manner.

The Agency reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the Safety Alerts IT tool, to suspend or terminate users, and to reclaim usernames without liability to you.

The general terms and abbreviations used in the present document can be found in a standard dictionary. Furthermore, a glossary of railway terms that focuses primarily on safety and interoperability terminology, but also on other areas that the Agency can use in its day-to-day activities as well as in its Workgroups for the development of future publications, is available on the Agency website.

Disclaimer

The Agency accepts no responsibility or liability whatsoever with regard to the information on the content of a safety alerts and/or the comments related to them. Under no circumstances will the Agency be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Agency Safety Alerts IT tool or broadcast elsewhere.

The Agency does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or comments posted via the Safety Alerts IT tool.

The Agency aims to minimise disruption caused by technical errors. However, the Agency cannot guarantee that this service will not be interrupted or otherwise affected by any technical problem. The Agency accepts no responsibility with regard to such problems.

The Agency may be obliged to submit information published in the tool under the EU legislation for public access to documents, as well as judicial proceedings in EU Member states.

Disputes and Jurisdiction

We hope that no serious disagreements arise involving you and others in relation to the information on the content of a safety alerts and/or the comments related to them. However, in the event there is a dispute, we encourage you to seek resolution amicably with the other party(ies) involved in such dispute. If you seek to file a legal claim against Agency, you agree to file and resolve it exclusively before the Court of justice of the European Union. You also agree that the laws of the European Union, complemented, where necessary, by the law of France will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles).

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of the Agency Safety Alerts IT tool or these Terms of Use must be filed within latest one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

Privacy statement and data protection

Your personal data are processed in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data.

The Controller determining the purpose and means of the processing of your personal data is the European Union Agency for Railways (ERA). The entity responsible for managing the personal data processing is the Head of Analysis and Monitoring Unit.

The purpose of the processing operation is to enable Safety Alerts IT tool to function as well as to facilitate the granting of access. Personal information will be required, in order to create a user account for providing the means to the Agency's Safety Alerts IT tool. As user you agree that any information provided will be stored in a database.

The types of data, including personal data, which may be processed are as follows:

  • Name, Surname
  • Company and related contact details of the company ( i.e. country, address, url, email address, telephone & FAX number, business (company) registration number, TAF/ TAP company code)
  • Email address, telephone, mobile & FAX number
  • Job tittle, role in the company
  • Username, picture (not mandatory)

The homepage of the SAIT site contains a link on "how we use cookies and how you can change your settings" describing the use of cookies in this site.

The recipients of the personal data are: (i) Defined ERA staff members for the purpose of managing the requests of users; (ii) Defined IT staff for the purpose of providing technical service (access would be limited to technical IT issues to be solved); (iii) DG-DIGIT for the purpose of providing the necessary IT tool (access will be limited to the extent necessary to enable the service to be provided).

All recipients of the data are reminded of their obligation not to use the data for any further purpose other than the one for which they were collected. The personal information collected will not be communicated to third parties, except where necessary for the purposes outlined and to the entities identified above. 

Information will be stored by DG-DIGIT, access only granted to authorised ERA and DG-DIGIT staff members.

Personal data are not intended to be transferred to a third country outside the EU.

Legal basis: The Safety Alerts IT tool supports compliance with Article 4(5) of the European Parliament and Council Directive (EU) 2016/798 and with Article 4(6) of the Commission Implementing Regulation (EU) 2019/779.

Lawfulness: The above data processing operation is carried out in accordance with Art. 5(a) of Regulation (EU) 2018/1725: Processing is necessary for the performance of a task carried out in the public interest.

Personal data will be kept until the data subject exercise the right to have it deleted.

Requests concerning your data protection rights can be addressed to the Data Controller at safetyalerts@era.europa.eu.  In case you have any questions related to the protection of your personal data, you can also contact the ERA Data Protection Officer at DataProtectionOfficer@era.europa.eu.You have at any time the right of recourse to the European Data Protection Supervisor at edps@edps.europa.eu .