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1.Details of the owner of the website www.tmb.cat
Owner: Ferrocarril Metropolità de Barcelona, SA
Fiscal ID code (CIF): A-08005795
Registered office: Carrer 60, number 21-23, Sector A, Polígon Industrial de la Zona Franca, 08040 Barcelona
Tel: 93 298 70 00
Fax: 93 298 71 80
Registry information: registered in the Mercantile Register of Barcelona. Volume 146, folio 167, registry page number 14201.
2. Information about the service owners
Notwithstanding that the owner of the domain name is Ferrocarril Metropolità de Barcelona, SA, the website itself advises that, where applicable, the products and services of the following entities within the TMB Group will be published and/or contracted, all of them with the same registered address as the entity that owns this website, namely:
- Ferrocarril Metropolità de Barcelona, SA, which is the service provider of the metro network and the Montjuïc funicular.
- Transports de Barcelona, SA, holding fiscal ID number (NIF) A-08016081, registered in the Mercantile Registry of Barcelona, volume 226, sheet 16610, folio 145. Company that provides the service for the urban public bus network, the Barcelona Bus Turístic and the Tramvia Blau.
- Projectes i Serveis de Mobilitat, SA, holding fiscal ID number (NIF) A-63645220, registered in the Mercantile Registry of Barcelona, volume 37068, sheet B-297,086. folio 21. Company that provides the Montjuïc cable car service.
Transports Metropolitans de Barcelona, SL, holding fiscal ID number (NIF) B-63645253, registered in the Mercantile Registry of Barcelona, volume 37068, sheet B-297088, folio 29. Company dedicated to online retail sales.
The Fundació TMB (Transports Metropolitans de Barcelona), holding fiscal ID number (NIF) G-59053538 and with the email address email@example.com, is classified as a non-profit charitable organization in the fields of culture and social care. Registered as number 2,646 in the Government of Catalonia Foundations Registry. Its mission is to promote and coordinate activities and actions that, from a cross-cutting perspective, are related to public transport.
Hereinafter, “the TMB group of companies”. In the sections or processes where it is necessary or appropriate, the user will be given detailed information on which of the TMB group of companies is providing the service or product.
3. Conditions of access to www.tmb.cat
Access to this website is the sole responsibility of the users and implies that they are aware of and accept the legal notices and terms and conditions of use that it contains.
Access to the services provided through the website www.tmb.cat is free of charge and, in general, does not require prior subscription or user registration. However, in order to access certain specific services, it is possible that users will first be required to complete the relevant registration details. User names and passwords are elements that identify and enable users to access services. They are personal and non-transferable.
If users do not agree with the content of these general browsing conditions they should leave the website and may not access it or make use of the services it offers.
Users guarantee that they are over 14 years old. They also guarantee the accuracy and authenticity of any information provided as a consequence of having subscribed to services that require user registration and they commit to keeping this information updated.
Any possible connections with other websites, as well as the use that users may make of them are subject to these general conditions and to the possible specific conditions that these other websites may dictate. Any unauthorized use is strictly prohibited.
At any time it considers appropriate, Ferrocarril Metropolità de Barcelona, SA, can change the configuration of this website, the service conditions and its content, as well as temporarily or permanently eliminate, restrict or suspend them or prevent access to them. The company must try to advise users of such changes, provided circumstances allow, by publishing a post on the website.
4. Terms and conditions of use of www.tmb.cat
Users undertake to make appropriate use of the services and content of the website and not use them for illicit or criminal purposes, or violate either the content of this legal notice, or regulations regarding intellectual or industrial property or any other judicial order. The use made of the information contained on this website is the sole responsibility of the user.
Users guarantee the authenticity and accuracy of all data communicated to Ferrocarril Metropolità de Barcelona, SA, through its various online forms, and are responsible for any inaccuracy or untruthfulness in the information provided.
Furthermore, users commit not to post, transmit or disseminate anything that includes, but is not limited to, the following:
- Content that is racist, xenophobic, pornographic, supports terrorism or violates human rights.
- Content that encourages acts that are criminal, denigratory, defamatory, violent or, in general, go against the law, morality, good conduct and public order.
- Information or content that violates basic rights and public freedoms recognized both constitutionally and by international treaties.
- Information about user names and passwords passed to non-authorized third parties. Conversely, if a password falls into the hands of another user, that user undertakes to advise Ferrocarril Metropolità de Barcelona, SA immediately.
- Information or content that implies violating the intellectual and industrial property rights (including, but not limited to patents, trademarks and copyright), of Ferrocarril Metropolità de Barcelona, SA, of any of the companies in the TMB Group or of third parties.
- Unauthorized or unsolicited advertising, spam, chain emails, pyramid structures, etc.
- Data programs (virus and “malware” —malicious software—) liable to cause damage to the IT systems of the access provider, their suppliers or to third party internet users.
5. Liability disclaimer
Ferrocarril Metropolità de Barcelona, SA, cannot control the use users make of the website www.tmb.cat and its content. For that reason, it is not liable for any compensatory damages of any type that might result from illicit, incorrect, inappropriate or tendentious use, or users' non-compliance with these terms and conditions of access and use, or with any other conditions that can be found on this website regarding any of its services, without prejudice, in all cases, to legal actions that Ferrocarril Metropolità de Barcelona, SA, or third parties are responsible for.
With regard to the functioning of the website, Ferrocarril Metropolità de Barcelona, SA, cannot guarantee its permanent availability or continuity, or the information, content, software, materials or products featured on it.
This excludes, therefore, any responsibility for compensatory damages of any type that may arise from the lack of availability or continuity of the functioning of the website, its services and the use that users may make of it.
Notwithstanding, Ferrocarril Metropolità de Barcelona, SA, will make every effort possible to maintain the continuous availability of this website.
Similarly, Ferrocarril Metropolità de Barcelona, SA, will not be liable for possible errors or deficiencies in security that may occur through the use, by users, of a web browser that is insecure or that has not been updated, nor the activation of devices that store passwords and codes which identify the registered user of the browser, nor the damages, errors or inaccuracies that may result from its incorrect use or functioning.
Users accept that Ferrocarril Metropolità de Barcelona, SA, has created and developed the website in good faith based on information sourced internally and externally, and that it is provided to users in its current state despite any inaccuracies or errors it may contain. Therefore, users exonerate Ferrocarril Metropolità de Barcelona, SA, from any liability with regard to the reliability, usefulness or false expectation that the website may give rise to as it is being browsed.
In the event that a user causes any type of loss or damage to third parties, the user takes sole responsibility. Likewise, users are responsible for the expenses, costs and, where applicable, any compensation that may result from judicial procedures arising from non-compliance with what is established in these terms and conditions and the applicable regulations.
6. Intellectual and industrial property
The entire content of the website (including, but not limited to, databases, images, drawings, charts, text files, frames, banners, software and its various source codes, audio and video), as well as the website itself as a visual presentation, are owned by Ferrocarril Metropolità de Barcelona, SA, or by their content suppliers, which have been subject to their own licensing or transfer agreements, and are protected by national and international regulations on intellectual and industrial property. The compilation (understood to be the compiling, design, organization and assembly) of all the content of the website is the exclusive property of Ferrocarril Metropolità de Barcelona, SA.
All the software programing utilized in the use and development of the website is the property of Ferrocarril Metropolità de Barcelona, SA, or of their software program suppliers, and is protected by national and international laws on industrial and intellectual property.
All users are prohibited, unless in receipt of prior written authorization from either Ferrocarril Metropolità de Barcelona, SA, the owners of the intellectual property or another content owner, from engaging in the following actions with regard to both the website and its content, including but not limited to the following:
- a) Any form of public communication, for any procedure, including making it available to the public, so that anyone can access it at the time and place of their choosing.
- b) Any form of distribution, including, but not limited to sale, hire or loan.
- c) Any form of direct or indirect reproduction, temporary or permanent, by whatever means of either all or part of the website or its contents.
- d) Any form of transformation, total or partial, including the creation of products and their derivatives.
- e) Any form of access that includes the previously mentioned ones or other different ones.
- f) Any form, directly or indirectly, of extracting and reusing all or a substantial part of any of the databases, and the repeated reutilization or systematic extraction of non-substantial parts of it.
Notwithstanding, users can freely view the website and its content and download it for personal and non-commercial use, without being able to do so on behalf of third parties or entities, either for free or at a price.
Consequently, making available the use of the databases, images, charts, text, audio and video files and the proprietory software of Ferrocarril Metropolità de Barcelona, SA, or that of any of its suppliers that feature on the website, and any other content does not imply, under any circumstances, the transfer of their ownership or a concession for their use in favor of the user.
The brands, trademarks, distinguishing signs and logos that appear on the website are owned by Ferrocarril Metropolità de Barcelona, SA, or companies within the TMB Group, or those that have been the subject of a licensing or concession agreement with their owner and that are duly registered or in the process of being registered. Unauthorized or inappropriate use of these element is an infringement of the industrial property rights of Ferrocarril Metropolità de Barcelona, SA, of the companies within the TMB Group or other third party owners.
7. Procedure in the event of unlawful actions
Ferrocarril Metropolità de Barcelona, SA, ensures that the contents of this website are not pornographic, xenophobic, discriminatory, racist or defamatory and neither do they incite violence. Similarly, it seeks to avoid any circumstances that could be detrimental to users.
In the event that any user or third party considers that there are facts or circumstances indicating illicit use being made or actions undertaken on the web pages included on this website or that are accessible via this website, especially those that reveal a violation of industrial or property rights, or other rights, should inform Ferrocarril Metropolità de Barcelona, SA, in writing, including the following information:
- The personal information of the person making the claim: name, address, phone number and email address.
- A specification of the suspected illicit activity and a precise and concrete indication of the protected content as well as its location on the website.
- In the event that there is a violation of rights: personal data of the owner of the rights that have allegedly been infringed or the person authorized to represent them along with their signature.
- An express and clear declaration, under the responsibility of the claimant, that the information provided in the notification is exact and that the use made of the content or the actions carried out as described are unlawful.
8. Personal data protection
The companies Transports de Barcelona, SA, Ferrocarril Metropolità de Barcelona, SA, and Projectes i Serveis de Mobilitat, SA, (hereinafter, TMB when mentioned jointly) have a confidentiality policy in place with regard to data provided by their users and they are committed to their protection. This protection covers everything that refers to the gathering and use of information provided through the internet.
In this respect, TMB guarantees, under the terms established by Organic Law 15/1999, of 13 December 1999, on the protection of personal data (LOPD), that it will make confidential use of users' personal data, and that the server on which they are stored and processed is equipped with the necessary security measures to avoid third parties having access to them.
To this end, TMB guarantees that it has adopted the appropriate technical and organizational security measures for its premises, systems and files, in compliance with the provisions of Royal Decree 1720/2007, of 21 December 2007, which approves the implementation regulations of Organic Law 15/1999, of 13 December 1999, on the protection of personal data (RLOPD). Notwithstanding this, TMB may communicate personal data to the competent public authorities along with other information held in its files through its IT systems, when they are requested to do so in accordance with the legal and regulatory requirements applicable to each case.
In compliance with the provisions of the LOPD and the RLOPD, whenever website users are asked to supply personal data that will be processed, they will, as a minimum, be duly informed of the purpose for which the data is being collected and the rights they are covered by. TMB will use data from users to provide the information or services requested of them.
Despite the aforementioned, in cases in which TMB does no more than respond to a question or suggestion from a user, without processing or saving their personal data, it will not be necessary to advise the user of the information referred to in the previous paragraph.
Users can exercise their rights of access, objection, rectification and erasure. To do so, they should contact TMB by sending an email to firstname.lastname@example.org , or writing a letter to TMB's registered office: Carrer 60, No. 21-23, Sector A, Polígon Industrial de la Zona Franca, 08040, Barcelona, including the reference: “Exercise of LOPD rights”.
9. Cookies policy
What are cookies and what are they used for?
The word “cookies” refers to small text files that a user's web browser device (computer, mobile phone, tablet, etc.) downloads when browsing a website, application or IT platform.
Cookies contribute important benefits in the provision of information society services, as they facilitate and streamline internet browsing, and also assist us in improving the quality of the services we offer our users. Among other functions, cookies allow information to be stored and recovered regarding the browsing habits of the user or their device, something that helps us know which pages or features of a website, application or platform are more or less useful to users so that we can improve them and, according to the information they contain and how the device uses it, they can also be employed to recognize the user.
Types of cookies we use on this website
Depending on the company managing them:
- First-party cookies: those that we send to the user's device from a computer or domain managed by TMB and from which the service requested by the user is provided.
- Third-party cookies: those sent to the user's device from a computer or domain that is not managed by TMB, but rather by third parties.
Depending on the length of time they remain active:
- Session cookies: these are temporary and stay on the user's internet web browser until the user leaves the website, application or platform. These cookies facilitate and streamline the process of browsing.
- Persistent cookies: these are cookies in which the information is stored on the user's device. The information can be accessed over a period of time established by the controller of the cookie (it can be anything from a few minutes to several years).
According to their purpose:
- Technical cookies: these allow the user to browse a website, application or platform.
- Personalized cookies: these allow users to access the service with some predefined general characteristics, such as their JoTMBé profile, language, type of browser used for access, etc.
- Analysis cookies: these allow the number of users to be quantified, thus facilitating the measurement and statistical analysis of website, application and platform activity, and the drawing up of user browsing profiles for the purpose of introducing improvements.
The first-party cookies that TMB uses on this website are the technical and personalized versions, which, at the same time, can be session and persistent. In accordance with article 22.2 of Law 34/2002 of 11 July, 2002, on information society services and e-commerce, TMB's first-party cookies do not require user consent.
Third-party cookies used on this website for analytical purposes:
|Issuer||Description of the purpose||Links to further information about the cookies|
|They generate an anonymous user identity that allows statistics on user activity to be analyzed.||Google Analytics privacy page|
|They make it possible to discover if users have identified themselves with their Twitter user name and password in this browser.||Page of Twitter cookies|
They make it possible to discover if users have identified themselves with their Facebook user name and password in this browser.
|Information page on the use of Facebook cookies|
|YouTube||They generate an anonymous user identity that allows statistics on user activity to be analyzed.||Google privacy page and terms and conditions/Types of cookies used by Google|
Options available to users of this website
Users have three options:
- a. Accept the installation of cookies by clicking on the “Accept” button which appears in the notice at the top of this web page regarding information about and acceptance of cookies. In this case, users will not see the aforementioned notice again, unless we amend our cookies policy or else a year goes by since it was accepted, whereupon the notice about the cookies policy accepted will reappear when browsing this website.
- b. Not click on the “Accept” button in the aforementioned notice regarding information about and acceptance of cookies and continue to browse our website. In this case, it will be understood that the installation of cookies has been accepted, but, unlike the previous situation described above, each time the user browses our website, the notice regarding information about and acceptance of cookies will continue to appear.
- c. Configure the device's browser to restrict, block or eliminate installed cookies or prevent them from being installed.
In any case, users can revoke their acceptance of cookies and eliminate them in the settings section of their browser.
Users can restrict, block or eliminate cookies installed on their device by using the settings options of the browser installed on their device. If your browser does not allow cookies to be installed, it is possible that you will not be able to access some of sections and utilities and you may not even be able to browse at all.
10. Links to third parties
The website includes links to other websites unconnected with Ferrocarril Metropolità de Barcelona, SA, and no responsibility is assumed for their content nor for any products or services offered through them, nor any potential viruses or malware they might contain.
11. Links to www.tmb.cat
It is strictly prohibited for users to make alterations to this website that may affect its content, as well as actions related to connections or links and similar modifications.
Also prohibited are links to this website from other websites or by other methods that are contrary to law, morality and public order or that damage the good name or image of any of the companies within the TMB Group or any of its distinctive trademarks.
Links to some of the pages of this website that do not contravene the aforementioned prohibitions must comply with the following:
Users must realize that they are accessing this website and also the corresponding URL should appear on the page they are linking to.
12. Legislation and jurisdiction
The general conditions of this legal notice and any other text of a contractual nature on this website is regulated by the provisions of Spanish legislation.
In the event of any kind of dispute arising from access to this website and its content and services, and the interpretation and compliance with these general terms and conditions and any other text of a contractual nature on this website, the parties expressly renounce any other jurisdiction that may apply ti them and expressly submit to the courts and tribunals of the city of Barcelona (Spain).