FGC PERSONES USUÀRIES Terms and Conditions

Ferrocarrils de la Generalitat de Catalunya and Vallter SA (hereinafter FGC) have created the FGC PERSONES USUÀRIES platform for the purpose of offering users of the public transport service they provide the possibility of registering in this platform in order to obtain a whole range of services and benefits that will allow them to improve their mobility experience. At the same time, members of this platform will have the possibility of finding out all that FGC and its partners can offer them and obtain benefits through this community.

These terms and conditions, together with the rules of participation or any rules established for specific initiatives, events, acts or situations, as well as the communications and instructions of FGC, regulate relations between FGC and members of the FGC PERSONES USUÀRIES platform.

Total acceptance of these terms and conditions is compulsory. If the user of the platform does not expressly accept these terms and conditions by clicking “I accept the terms and conditions”, he or she may not become a member of FGC PERSONES USUÀRIES.

Registration on FGC PERSONES USUÀRIES is free.

Only natural persons over 16 years old who have registered in advance may be members of the FGC PERSONES USUÀRIES platform.

The username will always be the e-mail address used to register and the password will be chosen by the user.

In order to complete registration, FGC will send an e-mail to the address provided by the person registering so that he or she can validate their account and become effectively included as a member of FGC PERSONES USUÀRIES.

Users who are members of FGC PERSONES USUÀRIES shall be solely responsible for maintaining the confidentiality of their password and undertake not to provide it to other people and to take all useful and necessary measures to keep it secret. Users who are members of FGC PERSONES USUÀRIES are solely and exclusively responsible for the custody of their password and the use thereof, authorized or not, by third parties.

Users who are members of FGC PERSONES USUÀRIES are aware that access to the service using the identity or password of another person, and the obtaining, use or disclosure of other people’s personal data, may constitute a breach of law and even a criminal offence.

Registration on and access to the application can be carried out using a computer or mobile device by accessing the website www.fgc.cat, or alternatively, through the application FGC: schedule, zones, fares, available for Android and iOS devices (hereinafter, the app), the owner of which is Ferrocarrils de la Generalitat de Catalunya.

Users who are members of FGC PERSONES USUÀRIES will have access in real time to information on trains running on the Barcelona-Vallès, Llobregat-Anoia and Lleida-la Pobla lines. For these purposes, FGC may use certain connection and location data (IP address, SIM card data, Wi-Fi connection or latitude/longitude, among others).

In the “My Profile” personal area of the FGC PERSONES USUÀRIES platform, registered users will have the possibility of including certain added-value data (under “classification data”) which will help us to get to know the user better (in respect of his or her habits and interests) and classify him or her. Such added-value data may be added, modified or eliminated at any time by the user.

Additionally, in “My Profile” there is also a section headed “Manage Communications” through which the user can manage whether he or she wishes to receive informative or commercial communications from FGC, the medium through which he or she wishes to receive them (email, SMS or Push Notification) and can eliminate his or her user account.

The FGC PERSONES USUÀRIES platform also has a personalized alert system that the user can add, modify or eliminate by going to the “Alert Service” in his or her personal area. The system will report incidents concerning the user’s lines and stations in real time. This system is not activated by default and must be activated by the user in the “Alert Service” section of the personal area. Only incidents that affect the user will be reported, according to his or her habitual journeys that the user has previously reported through the “subscription form”. The user may choose the communication channel for alerts, which may be e-mail, SMS or Push Notification. Such added-value data may be added, modified or eliminated at any time by the user.

The personalized alert service will give the user access to a loyalty plan that will give access to a whole range of benefits.

Finally, campaigns to promote the activities of FGC may also be carried out through FGC PERSONES USUÀRIES, especially in respect of the activities of the FGC mountain resorts (La Molina, Vallter 2000, Vall de Núria, Espot and Port Ainé), the Montserrat and Vall de Núria rack railways, the different tourist trains (Lake Train, Cement Train), the Observation of the Universe Centre, and any other facility that FGC may manage in the future.

Users who are members of FGC PERSONES USUÀRIES undertake (i) to make appropriate and lawful use of the services, products and benefits offered by FGC and of the content of this platform, and not to use them for unlawful activities, whether of a civil, administrative, criminal or any other nature; (ii) not to breach these Terms and Conditions; (iii) to follow the instructions of FGC PERSONES USUÀRIES and comply with the provisions of its communications to members, and (iv) not to break ruling law, especially the legislation on intellectual property, data protection, right to honour, right to personal and family privacy and the right to one’s own image.

Users who are members of FGC PERSONES USUÀRIES shall hold FGC harmless and shall be liable for any damages they cause to FGC and/or to third parties deriving directly or indirectly from their actions or omissions.

Furthermore, members of PERSONES USUÀRIES undertake, without limitation, not to enter, transmit or disseminate:
• Content that is racist, xenophobic, pornographic, constitutes apologia of terrorism or an attack against human rights.
• Content that promotes criminal, denigrating, defamatory, violent acts or, in general, acts that are contrary to law, morals, good custom and public order.
• Information or content that attacks fundamental rights and public freedoms recognized as such both in the constitution and in international treaties or that is simply a nuisance or anti-social, including flaming, spamming, flooding, trolling and griefing, as such terms are habitually understood and used on internet.
• Information to unauthorized third parties on usernames and passwords. If the password reaches another user, that user undertakes to inform FGC immediately.
• Information or content that entails a breach of intellectual property rights (including but not limited to patents, trademarks and copyright of FGC, any of its partners or third parties).
• Unauthorized or unsolicited advertising, spam, chain e-mails, pyramid structures, etc.
• Data programs (viruses and malware) likely to cause damage to the computer systems of the access provider, its suppliers or third-party internet users.

FGC is unable to control the use or content included in the platform by members and/or users of FGC PERSONES USUÀRIES, and therefore will not be liable for any damages of any nature that may derive from unlawful, incorrect, improper or partial use or from breach by the user of these conditions of access and use, as well as breach of any other condition or instruction included on the platform, notwithstanding, in any case, the legal actions to which FGC and/or third parties are entitled.

FGC is unable to guarantee the permanent availability or continuity with regard to the operation of the platform, the content, programs, materials or products included therein.
Accordingly, any liability for FGC in respect of any damages deriving from the lack of availability or lack of continuity of the operation of the platform, its services or the use that may be made thereof by users who are members of FGC PERSONES USUÀRIES is hereby excluded.

Furthermore, FGC does not accept liability for possible errors or deficiencies in security that may occur due to the use, by the user, of a browser with a non-updated or insecure version, and due to the activation of devices that store the user’s passwords or identification codes in the browser, or for damages, errors or inaccuracies that may derive from improper use or malfunction thereof.

In the event that the user causes any kind of damage to third parties, the user shall be solely liable. Furthermore, the user will hold FGC harmless from, and will defray free in full, any expenses, costs and, if appropriate, compensation deriving from judicial proceedings arising as a result of the breach of the provisions of these conditions and applicable legislation.

Users who take part in the activities of FGC PERSONES USUÀRIES authorize FGC to obtain, reproduce and publish their forenames, surnames, image and voice on any medium, including internet, for the management of the activities or of new editions, as well as other promotions or advertising campaigns, or any other activity related to the services, events, benefits or promotions offered by FGC, and this authorization does not grant them the right to receive any kind of remuneration.

The content of this website and the app (including but not limited to the databases, images, drawings, graphics, text files, maps, frames, banners, interface, software and the different source codes, audio and video) as well as the website and the app itself are the property of FGC or whomever provides the content in the case of content that has been licensed or assigned by such a person, and are protected by national and international intellectual property regulations. All the software used in the operation and development of the FGC PERSONES USUÀRIES platform is the property of FGC or of whomever provided the software and is protected by national and international intellectual property laws.

Unless they have the prior written authorization of FGC, the holders of intellectual property rights or another owner of the content, all users are prohibited from carrying out the following acts, without limitation, both with regard to the website and the app and its content:
• Any kind of public communication, through any procedure, including by making available to the public so that it can be accessed by any person at the time and place of their choosing.
• Any kind of distribution, including but not limited to sale, rental and/or loan.
• Any kind of direct or indirect, temporary or permanent reproduction through any medium and in any way, of all or part of the website and the app or its content.
• Any kind of total or partial transformation, including the creation of derivative products and/or services.
• Any other kind of access that includes the above or other different forms.
• Any direct or indirect form of extraction and/or reuse of all or of a substantial part of the content of any data base, and/or the repeated or systematic extraction and/or reuse of non-substantial parts thereof.

Consequently, the availability and use of the databases, images, drawings, graphics, text files, audio and video and the software owned by FGC, or by whomever provides the foregoing, included on the website and the app and any other content does not entail, in any case, the assignment of ownership nor the granting of any right of use to the user.

The trademarks, signs, distinctive marks or logos that appear on the website and the app are the property of FGC and/or whomever provides the software, are duly registered or are in the process of being registered and have been licensed or assigned by their owner, as the case may be. Unauthorized or improper use of these elements constitutes a breach of the intellectual property rights of the FGC companies or other third-party owners of such rights.

Users accept that merely by participating in the activities of FGC PERSONES USUÀRIES, they assign to FGC, exclusively and with the faculty to assign to third parties, all the economic intellectual property rights on the protected works or other subject-matter deriving from their participation to be used in any format, medium and form of use, including, among others, any graphic, audiovisual or sound medium, internet and any interactive medium as well as merchandising, secondary and derivative exploitation, and the partial or total use of the works or other subject-matter. This assignment is made free of charge, for all countries in the world and for up to the maximum term of legal protection.

All matters concerning the processing and protection of the personal data of members of the FGC PERSONES USUÀRIES platform will be duly regulated in the Privacy Policy, which must be accepted on registering on (becoming a member of) the platform.

Confidentiality and security are paramount values ​​at FGC, and consequently, we undertake to guarantee the User’s privacy at all times and not to collect unnecessary information. Below, we provide all the necessary information about our Privacy Policy regarding the personal data we collect in the app, explaining:

• Who is responsible for processing your data.
• For what purposes we collect the data we request from you.
• What is the legitimacy for its processing.
• How long we keep them.
• To whom your data are communicated.
• What are your rights.

Responsible:
FERROCARRILS DE LA GENERALITAT DE CATALUNYA
Carrer dels Vergós, 44
08017 Barcelona
CIF: Q0801576J
[email protected]

Purposes, legitimacy, and conservation of data processing sent through the app:

REGISTRATION FORM.
Purpose: Registering as a user of our application to access free extra features. The registration and access to the extra contents of the App imply the sending of informative and commercial information related to associated activities of FGC, including through electronic means; sending commercial communications of products, services, advantages, benefits, and discounts, even through electronic means, if the acceptance box is checked.
Legitimation: User consent when registering in the application and consent by checking the acceptance box for sending commercial information.
Retention: Until the registered user requests their deregistration and subsequently during the legally established periods.

EMAIL SENDING.
Purpose: Responding to your information requests, addressing your requests, and answering your queries or doubts.
Legitimation: User consent when requesting information through the email address. Retention: Until your request is answered by email if it has not generated a new treatment.

Obligation to provide us with your personal data and consequences of not doing so.
The provision of personal data requires a minimum age of 14 years, or, where applicable, the minimum age established in data protection regulations, and having sufficient legal capacity to contract. The requested personal data are necessary to manage your requests and register you as a registered user, so if you do not provide them to us, we will not be able to properly assist you or provide you with the requested service.

1. Recipients of your data
Your data is confidential and will not be transferred to third parties, unless there is a legal obligation. Likewise, your data may be accessible to our Internet and computer providers necessary for the proper functioning of the application, who will in any case act as data processors after signing the corresponding data processing manager contract.

2. Rights regarding your personal data
Any person can withdraw their consent at any time, when it has been granted for the processing of their data. In no case does the withdrawal of this consent condition the execution of the subscription contract or the relationships generated previously. Likewise, you can exercise the following rights:

• Request access to your personal data or their rectification when they are inaccurate.
• Request their deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
• Request the limitation of their treatment in certain circumstances.
• Request opposition to the processing of your data for reasons related to your particular situation.
• Request the portability of data in the cases provided for in the regulations.
• Other rights recognized in applicable regulations.

Where and how to request your Rights: By means of a written request addressed to the controller at your postal or electronic address (indicated at the beginning of the section), indicating the reference “Personal Data,” specifying the right you wish to exercise and regarding what personal data. In case of disagreements with the company regarding the processing of your data, you can file a complaint with the Catalan Data Protection Authority (www.apdcat.gencat.cat).

3. Security of your personal data
In order to safeguard the security of your personal data, we inform you that we have adopted all the technical and organizational measures necessary to guarantee the security of the personal data supplied from alteration, loss, and unauthorized access or treatment.

4. Updating your data
It is important for us to keep your personal data updated, so please inform us whenever there has been any modification to them; otherwise, we cannot guarantee their accuracy. We are not responsible for the privacy policy regarding the personal data that you may provide to third parties through the links available in our application.

FGC reserves the right, at any time, to modify (including modify, eliminate and/or add) any part of these Terms and Conditions.

Unless expressly stated otherwise, modifications will come into effect as soon as they are published, but will not affect the rights of previously recognized users.

he persons who are members of FGC PERSONES USUÀRIES may apply to de-register from the platform by accessing their personal area on the website and the app.

Exercising the right of cancellation of personal data will in turn entail the request to de-register from the FGC PERSONES USUÀRIES platform.

FGC may remove from the FGC PERSONES USUÀRIES platform any user who does not comply with the terms and conditions in force from time to time.

Independently of the above, users may at any time decide in which activity, service, event or promotion they wish to take part. Similarly, whenever possible and whenever indicated in the specific information on the activity or promotion in question, users may ask to be removed from that specific activity or event, and this will not entail de-registration from the FGC PERSONES USUÀRIES platform.

In the case of the app, user account data can be deleted from the App profile by clicking on the logout button and then on the delete account button in the pop-up window. Likewise, any person can withdraw their consent at any time, once it has been granted for the processing of their data. In no case does the withdrawal of this consent affect the execution of the subscription contract or the relationships generated previously.

Similarly, you can exercise the following rights:

• Request access to your personal data or their rectification when they are inaccurate.
• Request their deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
• Request the limitation of their processing in certain circumstances.
• Request opposition to the processing of your data for reasons related to your particular situation.
• Request the portability of data in the cases provided for in the regulations.
• Other rights recognized in applicable regulations.

Where and how to request your Rights:
By sending a written request to the controller at the following email addresses: [email protected] (both in the case of Android and iOS), indicating the reference “Personal Data,” specifying the right you wish to exercise and regarding what personal data.
In case of disagreements with the company regarding the processing of your data, you can file a complaint with the Catalan Data Protection Authority (www.apdcat.gencat.cat).

These terms and conditions will be construed and governed in accordance with Spanish legislation.

For any litigious matters arising from the interpretation or compliance with these terms and conditions, the courts of the city of Barcelona shall have jurisdiction.