Terms and conditions
The companies Transports de Barcelona, SA, Ferrocarril Metropolità de Barcelona, SA, and Projectes i Serveis de Mobilitat, SA (hereinafter, TMB) have created JoTMBé. JoTMBé will offer users of the public transport service in the city of Barcelona and its metropolitan area who register as members a series of services and advantages, to improve their experience on public transport and so they can discover and benefit from everything TMB offers and presents through this community. Relations between members of JoTMBé and TMB are based on three main areas to benefit the customer: economic/promotional, emotional and service.
2. Background information
These terms and conditions, combined with any specific conditions, terms or rules that may be established for any events, ceremonies or specific scenarios, in addition to communications and instructions from TMB, regulate relations between TMB and JoTMBé members.
Users are required to accept the terms and conditions in full. If the user does not expressly accept these terms and conditions by clicking the button ‘I accept the terms and conditions’, they cannot be a member of JoTMBé.
There is no charge to be a member of JoTMBé.
3. Joining JoTMBé
Only natural persons aged 18 or over who have previously registered can be members of JoTMBé. To register, all that is required is an email address.
TMB reserves the right to establish the requirement for anybody who registers to subsequently validate their registration, to be included as members of JoTMBé.
The username will always be the email provided. The password will be created by the user.
JoTMBé members will be solely liable for ensuring they keep their password secret. They are to refrain from sharing it with other people and should adopt all useful and necessary measures to keep it secret. Members are solely and exclusively liable for looking after their password, and for its authorised and unauthorised use by third parties.
Members are aware that logging into the service using somebody else’s username or password, or obtaining, using or disseminating personal data that belongs to other people may be considered illegal acts and could constitute crimes.
4. JoTMBé activities and services
Members of JoTMBé may benefit from and participate in all services and advantages offered from time to time, whether through the website www.tmb.cat, the specific URL for each promotion, TMB App, or any other media.
This notwithstanding, to take part in competitions, draws and promotions, and to benefit from discounts in establishments, JoTMBé members will be required to have filled in the form on the website, found in ‘My profile’, and given their basic details (identification, national identity document number, telephone, etc.) and additional details (postal address, country, etc.). In all other events, filling in the form will be on a voluntary basis.
Furthermore, to be able to provide the services offered under ‘My favourites’ and ‘Places and routes’, TMB will have to use certain connection and location data (IP address, SIM card and Wi-Fi connection data, platform, latitude/longitude).
Finally, JoTMBé has set up (or predetermined) a communications system (warnings, alerts and news) for its members, which includes notifications sent using the email address they provide and/or any other type of electronic communication, including SMS. Members are free to change or deactivate it under the ‘Settings’ option.
In any event, TMB will notify all members of JoTMBé of any significant and/or exceptional changes to the transport service it provides (strikes, snowfall, etc.). If these changes should be insignificant or involve transport restrictions in certain areas or places (races, concerts, festivals, etc.), notice will be sent to members who have subscribed to the alerts system and to those whom TMB considers may be affected in terms of their needs to use the transport service TMB provides. TMB will send periodic news to JoTMBé members, via any type of electronic communication, including SMS, unless they have deactivated this option, about all types of planned events. It will always give sufficient notice to enable interested members to take part in them.
However, members will sometimes have to find out about the services offered, by visiting the tmb.cat website or via TMB App.
Any additional requirements that JoTMBé members have to meet for each specific occasion, event, draw or promotion will be expressly set out when they register for it, or submit the corresponding application to take part. Furthermore, members will have to expressly accept the terms and conditions for each event or promotion.
TMB reserves the right to distribute entry tickets (for free or discounted) among members of JoTMBé , without the need to manage them through promotions or competitions.
To improve relations with members, TMB may also inform them, via any type of electronic communication, including SMS, of specific own or third-party products and services, which may be of interest to them during their journey or when they are in a certain place.
The ‘discounts’ service, whether it be for buying entry tickets or other products or services, will be published and managed on the TMB website or via a platform that TMB may use from time to time.
Members of JoTMBé are required to: (i) make appropriate, legal use of the services, products and advantages TMB offers and of the contents on this website and TMB App, and to refrain from using them for illegal activities, whether these be of a civil, administrative, criminal or any other nature; (ii) refrain from breaching the provisions of these terms and conditions, the legal notice and all other sections of the JoTMBé website and TMB App; (iii) follow instructions from TMB and what it sets out in its communications with members; (iv) refrain from breaking the law, particularly regarding intellectual and industrial property, data protection, honour, personal and family privacy, and image rights.
Members, with full exemption for TMB, will be liable for any loss and damage they should cause TMB and/or third parties directly or indirectly derived from their actions or omissions.
Consequently, JoTMBé members undertake to refrain from entering, transferring and disseminating contents that include, but are not limited to, the following:
- Contents of a racist, xenophobic or pornographic nature, those that defend terrorism or that attack human rights.
- Contents that encourage illegal, degrading, defamatory or violent acts, or that, generally speaking, are against the law, morality, good manners or public order.
- Information or contents that infringe on fundamental rights and public freedoms recognised in the Spanish constitution or through international treaties or, simply, that create disturbance or are antisocial, including flaming, spamming, flooding, trolling and griefing, in accordance with how these terms are understood and habitually used on the Internet.
- Information provided to unauthorised third parties regarding usernames and passwords. In the event the password should be given to another user, this user undertakes to immediately notify TMB.
- Information or content that involve breach of intellectual or industrial property rights (including, but not limited to, patents, trademarks and copyright), of any members of the TMB group or third parties.
- Unauthorised or unrequested advertising, spam, chain emails, pyramid structures, etc.
- Data programs (viruses and malware) likely to cause damage in the computer systems of the access provider, its providers or third parties using the Internet.
Only adults are allowed to be members of JoTMBé.
Any children who were members as a result of having joined the community prior to the change in these terms and conditions will be subject to the previous regulations until they reach 18 years of age. This means, all communications sent to the child will also be sent to the email held on file for the parents, guardians or legal representatives.
TMB cannot control the use members and/or users make of the tmb.cat website and TMB App, or of their content. Consequently, it accepts no liability for any loss or damage that may be derived from illegal, incorrect, inappropriate or partial use of the website or App, or breach by the user of these terms of access and use, or for any other condition or instruction that may appear on this website, in TMB App or any other medium, regarding any of its services, advantages, products, or other elements, without prejudice, in any event, to any legal actions that may correspond to TMB and/or third parties.
TMB cannot guarantee permanent availability or continuity regarding operation of the website and TMB App, or of any information, contents, programs, materials or products they include.
Consequently, TMB is exempt from any liabilities arising from loss or damage of any type that may be derived from non-availability or discontinuity in the operation of the website or TMB App, the services they offer, or any use that JoTMBé members and/or third parties may make of them.
In any event, TMB will make every possible effort to ensure continual availability of the website and TMB App.
Furthermore, TMB accepts no liability for any errors or security failures that may arise as a result of the user employing an outdated or unsafe browser, or for the activation of devices to record the user's passwords or identification codes in the browser, or for any damages, errors or inaccuracies that may be derived from misuse or malfunction.
The user accepts that TMB has developed the website and TMB App in good faith using information taken from internal and external sources, and they are offered in their current state to users, even though they may include inaccuracies or mistakes. Consequently, the user will hold TMB harmless for any liabilities related to the trustworthiness or usefulness of, or any false expectations they may derive from, the website or App while browsing.
In the event the user should cause any type of loss or damage to third parties, the user shall be solely liable. Furthermore, the user shall bear the cost, with full indemnity for TMB, of any expenses, costs and, where applicable, compensation that may be derived from court proceedings motivated by breach of the provisions of these terms and conditions and the applicable legislation.
In the event discounted products or services are acquired through third-party platforms, TMB shall accept no liability for their functionality or any undertakings that the user may assume with regard to those platforms.
The website and TMB App include or may include links to other websites belonging to entities that are third party to TMB and, consequently, TMB shall accept no liability derived from their content or from any products or services they may offer, or any possible viruses or malware they may contain.
Users are strictly prohibited from making any alterations that may affect contents such as links or similar elements.
Links to this website or TMB App from websites or other media that contravene the law, morality or public order, or that attack the good name or image of any of the companies in the TMB group or any of their distinctive signs are also prohibited.
Any links to pages on this website or TMB App that do not contravene the prohibitions mentioned above are to be made in such a way as to ensure that the user knows they are accessing this website or TMB App and, furthermore, where applicable, their browser should show the URL corresponding to the linked page.
I.- Who is responsible for processing your details?
TMB hereby informs you that any Personal Details you supply as a member of JoTMBè, and any information produced through managing and maintaining these relationships will be processed by the TMB companies mentioned above, as controllers and processors of the information.
TMB's data protection policy for personal details and confidentiality applies to everything related to the compilation and use of information provided through our websites or apps.
In this sense, TMB has implemented policies, resources and procedures in its systems and installations to guarantee and protect the privacy of our Users’ personal details. By adopting protection levels and the necessary technical and organisational measures, unauthorised access, illegal modifications, theft and/or loss of data is avoided.
II.- Why do we process your personal details?
By means of this information, Users are informed that TMB may process the personal details they supply through the on-line forms or during the registration process to benefit from any of TMB’s products and services, particularly the JoTMBè service, for the purposes described as follows, to the extent that there is a legal basis for each type of processing, as explained in the following lines:
- Providing the JoTMBè service for registered Users, in order to provide a number of services and advantages to improve their mobility experience and to find out and benefit from everything that TMB can offer and present through this community. The information is also used to manage relations between USERS and TMB, and the rights and obligations stemming therefrom. TMB hereby informs registered Users that their geo-localisation data will be processed for the above purposes. It will also be processed for managing applications for information and claims.
- To offer certain of our own or third party products or services, including commercial information via e-mail, and manage their participation in contests, draws and promotions, and also to benefit from discounts in establishments, promoting relations with users (without prejudice to registration or cancellation being completely voluntary for community members).
III.- How are we legitimate for processing your personal details?
- The legal basis for processing data for purpose (a) is the execution of the relevant service providing contract.
- The legal basis for processing data for purpose (b) will be the User's consent, in the event of it being requested and granted, without withdrawal of consent conditioning execution of the service providing contract. Users’ personal details will not be processed for these purposes if TMB does not request consent.
Users are aware of and accept that failing to supply certain personal details will mean that TMB will be unable to provide all the services related to the data. Under no circumstances will TMB transfer, exploit or use these details for any purposes other than those previously stated. During the registration process, Users will be informed about the non-mandatory nature of some of the details requested so that TMB can provide the relevant services.
IV.- How long will we keep your personal details?
TMB will keep Users’ details for the duration of contractual relations, and after that period, their details will be kept for a period of two years from the last interaction with the JoTMBè service, or for a longer period if you have given specific consent, or if there is another legitimate basis for process data. If this is the case, you will be informed accordingly. The above is understood to be without prejudice to conserving any necessary data for compliance with legal obligations, filing, exercising or defending against any claims and/or providing that applicable legislation permits it.
V.- Who will have access to your personal details?
For TMB to be able to provide optimum services via its website, third parties who provide services to TMB may require access to the Users’ personal details, as processors.
In addition to the above, TMB may transfer or communicate personal details and any other information in their files in order to deal with their obligations vis-a-vis the Public Administration Departments in any cases when this is required in accordance with legal provisions and applicable regulations in each case, and where relevant, details may be provided to the State Security Forces and Judicial Bodies.
VI.- What rights do Users have?
TMB hereby informs Users about their right to access your personal details, request rectification or deletion, request limited processes or object to processing and to request portability of your details compiled by TMB.
These rights may be exercised by Users free of charge, and where applicable by any persons representing them, by writing and signing a letter addressed to Calle 60, No. 21-23, sector A, Zona Franca, 08040 Barcelona, and in the reference, stating: “Exercise RGPD rights”. The letter must include the following details: Users name and surname, address for notifications, photocopy of National ID Card or Passport, and the specific request.. The right to have your details rectified, may also be exercised through the TMB website or app. Exercising the right to cancel your details will entail cancellation from JoTMBè, rendering any activities, promotions, events, draws or others in which the User may be participating, void. In the case of representation, a document accrediting power of attorney must also be furnished. Likewise, Users may exercise the aforementioned rights by e-mail email@example.com.
In addition to the aforementioned rights, Users may also withdraw their consent at any time via the same procedure as described above, without this withdrawal of consent affecting the legality of processing prior to withdrawal of consent. TMB may continue processing Users’ details to the extent permitted under applicable law.
Users may likewise contact TMB’s Data Protection Officer by the following e-mail address firstname.lastname@example.org in order to clarify any doubts they may have concerning the joint-responsibility between the parties responsible for processing.
TMB reminds Users that they have the right to file claims before the Catalonia Data Protection Agency in relation to the processing of their personal details at any time.
VII.- Cancelling the commercial communications service
As mentioned in the previous section, Users have the right to revoke their consent at any time concerning the sending of commercial communications. This can be done by simply notifying TMB that you no longer wish to receive commercial communications. To do this, Users may either withdraw their consent as described in the preceding section, or click on the link included in each e-mail, thus cancelling any further communications of this type.
10. Image rights
Users who take part in JoTMBé activities authorise TMB to gather, reproduce and publish their names, surnames, images and voices through any media, including the Internet, for managing the activities themselves or new editions of them, or other promotions and publicity campaigns, or any other activity related to the services, events, advantages and promotions that TMB offers, and this authorisation does not entitle them to receive any type of payment.
11. Intellectual and industrial property
All content on this website and TMB App (including, but not limited to, databases, images, drawings, graphs, text files, maps, frames, banners, interfaces, software, the different source codes, audio and video), and the website and TMB App as visual presentations, belong to TMB or its content providers. In the latter case, this content has been subject to licensing or transfer by the providers, and is protected by national and international intellectual and industrial property legislation. The compilation (which means the collation, design, organisation and presentation) of all content on the website and TMB App is the exclusive property of TMB.
All software employed in the use and development of the website and TMB App belongs to TMB or its software suppliers, and it is protected by national and international intellectual and industrial property laws.
Regarding the website and its contents, all users are prohibited from engaging in activities that include, but are not limited to, the ones listed below, unless they have the prior written consent of TMB, the holders of the intellectual property rights or any other content owners:
- any type of public communication using any procedure, including making them available to the public, so that anybody may access them from the website, at the time they choose;
- any type of distribution, including, but not limited to, sale, rental and/or loan;
- any type of reproduction, whether direct, indirect, temporary or permanent, by any means and in any way, of all or part of the website or its content;
- any other type of access that includes the forms listed above or other forms;
- any direct or indirect form of extraction and/or reuse of all or a substantial part of the contents of any databases, and/or repeated or systematic extraction and/or reuse of insubstantial parts.
Nevertheless, users are free to view the website and its content and download it for personal, non-commercial use, but they may not pass it on to third parties or entities, whether for payment or free of charge.
Consequently, the availability or use of databases, images, drawings, graphs, text files, audio, video or software belonging to TMB or its suppliers that appear on the website or TMB App, or any other contents, does not mean, in any event, that the ownership or right to use these elements has been transferred to the user.
The trademarks, signs, distinctive signs and logos that appear on the website belong to the companies in the TMB group or have been subject to licensing or transfer by the owner, and they are duly registered or in the process of being registered. Unauthorised or improper use of these elements represents a breach of the industrial property rights of TMB group companies and other third-party owners.
Users, for their part, accept that, by merely taking part in JoTMBé activities, they transfer, in favour of TMB, exclusively and with the power to transfer to third parties, all pecuniary intellectual property rights for any protected works or services that may be derived from their participation, to make use of them in any format, media or type of use, including, but not limited to, any graphic, audiovisual, sound or Internet media, and any media made available interactively, in addition to merchandising, secondary and derived exploitation, and the partial and total use of the works or services. This transfer is free of charge for all countries in the world and for the maximum term of legal protection.
12. Force majeure
Force majeure means, but is not limited to: a) any event that cannot be foreseen or that, having been foreseen or being foreseeable, is unavoidable; b) errors when accessing the different pages on the TMB website or App; c) failure in the electricity supply or telephone line; d) damages caused by third parties or attacks on the website server (viruses) that affect the quality of the services and that are not attributable to TMB or the user; e) errors when transferring, disseminating, storing or delivering the products and contents of the website to third parties; f) problems or errors in receiving, obtaining or accessing with regard to these third parties; g) fires; h) floods and earthquakes; i) strikes, labour conflicts and other social disturbances that prevent supply of the products and, therefore, performance of the undertakings accepted by TMB; j) scarcity or lack of availability of fuel or electricity; k) accidents; l) military conflicts; m) commercial seizures or seizures of any other type; n) sieges; o) disturbances; p) any government orders.
Administrative and management errors are not considered events of force majeure.
13. Amendments to the terms and conditions
TMB reserves the power to exercise, from time to time, its right to amend (including amendment, removal and/or addition) any part of these terms and conditions.
Unless expressly decided to the contrary, amendments will take effect from the time when they are published, but they will not affect the rights of known users.
14. Leaving JoTMBé and deregistering from specific activities
Members may ask to leave JoTMBé by logging into their personal area on the website, or through TMB App.
Exercising the right to cancel personal data will also mean asking to leave JoTMBé.
Removing TMB App does not deregister a user from JoTMBé.
TMB may deregister any users of JoTMBé that breach the terms and conditions in force from time to time.
Regardless of this, users may always decide which specific activities, services, events or promotions they want to participate in. Additionally, and as long as it is possible and set out in the specific information for the activity or promotion, users may ask to deregister from that specific activity or event, and this will not mean deregistration from JoTMBé.
If a member does not interact with the community for a period of time of no less than six months, TMB reserves the right not to send them any more information from JoTMBé. This notwithstanding the fact that the user may always recommence the relationship with the community.
15. Applicable law and jurisdiction
These terms and conditions are to be interpreted and governed pursuant to Spanish legislation.
For any disputes derived from the interpretation or performance of these terms and conditions, the corresponding courts will have jurisdiction, pursuant to the legislation in force.