terms-and-conditions-release-2-2

TERMS AND CONDITIONS OF USE OF THE STIB-MIVB MOBILE APPLICATION

Last updated: 26/01/2021

Application version: 2.4

1. INTRODUCTION

1.1 The STIB-MIVB company

The Société des Transports Intercommunaux de Bruxelles (hereinafter referred to as "STIB-MIVB"), registered in the Register of Legal Entities under the company number 0247.499.953 and headquartered at 1000 - Brussels, 76, Rue Royale, is an association of public law in charge of the operation of the urban public transport services within the Brussels-Capital Region.

Its organisation and the organisation of its activities are ruled by the ordinance of 22 November 1990 with regard to the public transport organisation of the Brussels-Capital Region and to its implementation decrees, by its management contract, by its tender, by the Government’s decisions and its different management bodies as well as by the applicable legislation and regulation of the public transport in the Brussels-Capital Region, especially regarding the ticket inspection.

The STIB-MIVB transport service also depends on the agreements reached with the authorities and the operators of the other public transport networks which STIB-MIVB operates with interoperably.

1.2 Terms and conditions of use

The present terms and conditions of use, concluded between STIB-MIVB and any user aim at determining the terms of use of the STIB-MIVB mobile application and at defining the rights and obligations of both STIB-MIVB and the user within this context. The present terms and conditions of use are the only applicable rules and they replace all the other conditions.

The French and Dutch versions of the present terms and conditions of use are the only official versions and shall therefore be the reference in the event of necessity of interpretation or suchlike. The English version is merely a translation.

By installing and using the application, the user accepts, without reservation or condition, all the terms and conditions of use defined below, from the first use of the application, as well as for any update of the present terms and conditions of use, from the first use of the application after this update.

The present terms and conditions of use are available at any moment through the application settings.

if the user does not wish to accept the present terms and conditions of use or an updated version, we ask him not to access the application (anymore) and to delete it.

Warning: the present document does not include the transport rules. These rules can be downloaded here from our website.

This does neither include the mobile application user guide, which is available here.

All the personal data protection conditions are defined in the paragraph personal data of the present terms and conditions of use and also apply to any use of the application, which the user accepts without reservation or condition.

2. DEFINITIONS AND SCOPE

2.1. Definitions

For the execution of the present terms and conditions of use, the following words and acronyms from the text below are defined as follows:

“App” or “Application”: describes the STIB-MIVB mobile application edited and published by STIB-MIVB, which the user can download free of charge on their mobile terminal. The App includes i.a. the content, the software, the programs, the (programming, navigation, ...) tools, the databases, the operating systems, the documentation and all other elements and services composing it, the STIB-MIVB updates and new versions of the app.
“User Account”: describes the digital identification created by a user in order to manage their preferences and to obtain personalised information from STIB-MIVB according to their personal use.

The STIB-MIVB user account is unique and can be used on the following channels: website www.stib-mivb.be and application.

Any anonymous user using the app without a user account will have access to all the STIB-MIVB travellers information but without personalisation, which will restrict the STIB-MIVB services of the app, but also guarantee that STIB-MIVB will not store nor process personal data in its databases through the app. Only the app will be able to give information according to the user’s actions, without storing them.

Any user connected with a STIB-MIVB user account will benefit from all the services the app offers, in a personalised way based on their wishes and their user habits. This information will thus be stored and processed by STIB-MIVB in accordance with the conditions described in the present terms and conditions of use.

“Terms”, “Terms and conditions of use” or “TCU”: describes the terms and conditions of use defined in the present document.
“Consent”: describes any freely given, specific, informed and unambiguous indication of the data subject’s (i.e. user identified through their user account) agreement to the processing of personal data relating to him or her, by a statement or by a clear affirmative action.
“Content”: describes all the STIB-MIVB information data, including the personalised data of a user account in the app.
“Connection”: describes the change of vehicle during a journey.
“Personal data”: Any information relating to an identified or identifiable natural person; an “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Application editor”: describes the editorial manager of the STIB-MIVB application.
“Favourites”: describes the user’s favourite destinations.
“Itinerary”: describes a journey between two locations and which will be effective when using the vehicles of one (or more) public transport operator(s) (SNCB-NMBS, De Lijn, TEC and STIB-MIVB). An itinerary searched in the app, which then becomes a real journey, will enhance the user experience by displaying their user habits in the app, based on a time frame of a weekday (conditions: having a user account and having activated the location tracker and the preferences).
“Preference”: describes any option of a user account in the app, which will help to personalise the travellers information according to the user’s wishes and based on their locations.
“Mobile terminal”: describes any IT configuration and any mobile device (such as a smartphone or tablet) on which the app can be downloaded and executed based on the operating system, and/or on which the app is used.
“User”: describes any app user, who is a natural person, anonymous or identified through a user account.
“Traveller” or “STIB-MIVB user”: describes any natural person using the urban public transport in the Brussels-Capital Region operated by STIB-MIVB, whether or not they are a user of the app.

2.2. Scope

The present TCU apply to any installation and use of the app, to the exclusion of any other condition, which includes all the screens and functionalities.

These TCU apply from the moment the user installs the app on their mobile terminal, which indisputably requires the user to priorly accept these TCU without reservation or condition. If the user does not accept these TCU without reservation or condition, they are asked to stop using the app and to delete it from their mobile terminal.

For questions on the TCU, the user can, at any moment, contact the STIB-MIVB Customer Care, using the various communication channels indicated below, in the last paragraph “Contact” of the present TCU.

Since the TCU can be modified unilaterally and at any moment, inter alia, through the publication of a new version of the app, and that these changes will enter into force from the moment of publication on the app and will thus be binding for any user from that moment onwards, it is imperative the user regularly consults the TCU during the installation of any new version of the app. After changing the TCU, the installation and/or use of the app will require the acceptance without reservation or condition of the updated version of the TCU.

3. TERMS OF USE

3.1 Terms and conditions of use

The use of the app is free. However, the user bears sole responsibility for the equipment (including the mobile terminal), the material means granting access to the app, and the telecommunication network access and usage fees.

The adhesion to the app is underwritten for an unlimited period from the moment of its installation until the user decides to delete the app from their mobile terminal.

The use of the app is restricted to natural persons, except from companies, associations or groups. The subscription to the app and the associated offers are strictly personal: they cannot be sold, nor transferred and do not constitute a means of settlement. If the user should be aware of a use by a third person, without their approval, of their credentials, they commit to report it as soon as possible to STIB-MIVB, using the different communication channels mentioned below, in the last paragraph “Contact” of the present TCU.

The app can be used anonymously (without creating an account) by any natural person, adult or minor. Only natural persons, adults or minors, who are at least 13 years old will be allowed to create an account and benefit from personalised information.

STIB-MIVB will only use the personal data within the limits of the user’s consent and within the extent necessary to the proper functioning of the app and, more specifically, of the functionalities chosen by the user.

3.2. Use of the application

The purpose of the app is to make all the mobility solutions available from several public transport operators (TEC, De Lijn, SNCB-NMBS, STIB-MIVB) or from STIB-MIVB partners in a personalised way, in real time or with planned timetables.

The app allows the user to access relevant information based on their journey habits, their position and the moment of use. For instance, the user will be notified of the disruptions on the lines nearby (travellers information messages) or in case a station is evacuated (safety messages).

STIB-MIVB allows to secure the access to the personal data by an authentication through credentials. To make the authentication process more reliable, STIB-MIVB has adapted the size and the complexity of the password, in accordance with the recommendations of the W3C (World Wide Web Consortium). Its rules are defined in the user guide.

3.3. Terms of use without a user account identification

In the case of an anonymous use (without identification by a user account), the travellers information cannot be personalised and some (part of) screens are unavailable.

However, any data which is not related to personal data processing will be made available, like on our website (non-exhaustive list):

- Searching for an itinerary with multiple operators in Belgium from the departure point until the final destination and its visualisation on the map;

- Obtaining real-time information of possible disruptions (lines) and of the waiting time at the stops (stops);

- Obtaining theoretical information of the planned timetables of the other operators (SNCB-NMBS, De Lijn and TEC);

- Obtaining information related to the disruptions on the lines or stops.

In the event the user has given their specific consent, in the app settings, they will have access to the following functionalities (non-exhaustive list):

Access to the contact list of the mobile terminal in order to be able to launch an immediate itinerary search from or to these addresses;
Access to the mobile terminal calendar in order to be able to launch an immediate itinerary search to the addresses related to the calendar events;
Access to the location in order to view relevant information pertaining to their location (e.g.: stops nearby, cursor on the map, etc.).

These are non-exhaustive lists that can be modified at any moment by STIB-MIVB without incurring its liability by any person.

3.4 Terms of use with a user account identification

In case the user identifies with an account, they will benefit from the following functionalities (non-exhaustive list):

user profile management;
buying digital tickets
favourites (address) memorisation in order to launch an itinerary search directly towards this destination;
displaying of disruption alerts based on the most frequently used lines and the user’s location;
history of the itinerary searches;
notifications before leaving and starting an itinerary, or during a journey to alight from the bus, etc.;
displaying and editing of information contained on a MOBIB card and purchase of tickets through a redirection to the website;
in the event the user has given their specific consent, they will have access to the following functionalities (non-exhaustive list):
- collection of the most frequently used lines;
- app personalisation allowing the display of the most relevant information for the user (used lines, last itinerary searches, places visited, etc.);
- receiving of promotional offers for the STIB-MIVB services and products, newsletter, network information, season ticket renewal alerts, app updates or partner communications;
- etc.

A minor under 13 years old will not be able to create a personal account.

If you are the parent of a child under 13 years old and you notice that your child has provided STIB-MIVB with personal data, please contact our Customer Care, of which you will find the contact details in the paragraph “Contact” of the present TCU and ask to assert your rights. In the event we find out that we have gathered the personal data of a child under 13 years old, we will take every reasonable measure to delete these personal data. We will be compelled to delete the child’s STIB-MIVB account.

In case of an identification, the user can log off or delete their identification at any moment, using the STIB-MIVB app options or the account options on the website www.stib-mivb.be, or by contacting the Customer Care referenced in the paragraph “Contact” of the present document.

If a user deletes an identification, all their personal data that will have been stocked, will be deleted from the STIB-MIVB databases, in accordance with the European regulation 2016/679 of 27 April 2016 on data protection (Chapter III Section 3 - Article 17 - Right to erasure: “right to be forgotten”).

4. PERSONAL DATA

STIB-MIVB attaches the utmost importance to protecting your data and your privacy.

By creating an account on the app, you can buy transport tickets and benefit from a personalised experience in order to optimise your journeys.

You will find more complete information on the processing of your personal data when you purchase transport tickets in the privacy statement available using the following link https://www.stib-mivb.be/privacy?l=en.

More complete information on the processing of your personal data in order to offer you an optimised experience when using our transport options are provided hereunder:

To what end?
The purpose of processing personal data in the mobile application is to personalise it according to the user's location and preferences (favourites, recently searched locations, frequently used lines...).
Adding personal touches can allow you to obtain information concerning your itinerary, disruptions on the transport network, specific announcements in case of evacuation of a station, publications to promote STIB-MIVB products…

Which data?
The creation of a digital account implies the processing of the following data:
•   The identity,
•   The e-mail address,
•   The password.

This data may be indirectly communicated to us if you choose to sign in using your Facebook or Apple account (which transfers in this case your identification data to us).
If you decide to use the app without signing in, no personal data will be saved in the STIB-MIVB databases. Some of your technical data will be saved by the partner who hosts our app.

What is the justification?
When you create and use a digital account, STIB-MIVB provides you with services to make your use of its network easier. It is within this framework that your data is processed (execution of this free service contract).
Your consent is necessary for the use of your location.
This consent can be withdrawn at any moment by changing the permissions in the settings.

Where does the data come from?
You provide your data when you create your account.

Is your data shared with others?
We do not share your personal data.

What is the retention period?
Your identification data and your favourites are stored as long as your account is active. Frequently used locations and lines are stored for a maximum duration of 18 months. You can erase your history in the application or through GO Easy/ MyBOOTIK on our website (www.stib-mivb.be).

6. APPLICATION AVAILABILITY

STIB-MIVB aims at making the app available 24 hours a day, 7 days a week, except in case of force majeure or of an event which STIB-MIVB has no control over and taking into account possible failures and maintenance interventions required for the proper functioning of the app, which are limited to a strict minimum, without giving right to any compensation. The maintenance interventions can be executed without sending the users a prior notice and without giving right to any compensation whatsoever.

The availability of the STIB-MIVB information in the app has no impact on the operational availability of the STIB-MIVB transport vehicles.

What’s more, all the data regarding the timetables and the vehicle position are in line with reality but STIB-MIVB cannot be held accountable for a delay compared to the position in real time.

7. EVOLUTION OF THE TERMS AND CONDITIONS OF USE

The applicable TCU are those existing on the date of the connection and the use of the app by the user, giving that the version of the TCU is in line with the version of the app.

STIB-MIVB reserves the right to change, at any moment, partially or completely, provisions of the TCU without prior notice or information to the users in order to adapt them to the services evolutions, to the technical, legal or jurisprudential evolutions.

The possible changes of the TCU made by STIB-MIVB will be communicated to the users by warning them of an update of the present TCU, which they will have to accept to be able to continue using the app through an account in which the user is identified.

8. INFORMATION AND CLAIMS

For any information, please contact STIB-MIVB by mail at: STIB-MIVB Customer Care, rue Royale, 76 at 1000 Brussels or via e-mail here.

Any claim from a traveller must be communicated in writing to STIB-MIVB within a deadline of thirty (30) calendar days from the moment the traveller has had knowledge or should reasonably have had knowledge of the cause of the claim. Once this deadline is expired, the claim will be considered inadmissible.

For any claim, please contact STIB-MIVB by mail at: STIB-MIVB Customer Care, rue Royale, 76 at 1000 Brussels or via e-mail here.

9. SERVICE USE TERMINATION AND EXCLUSION

STIB-MIVB reserves the right to exclude any user or to limit, restrict, suspend or close their access to the app, without prior notice, at any moment and unilaterally, including via immediate disconnection, in case the user fails to comply with the present TCU.

10. OPTIONS REQUIRED IN THE APP AND REGARDING PERSONAL DATA

STIB-MIVB shall in no case be held accountable for a content of any nature that has been published, spread or transmitted by the user on the app by any means whatsoever.

All STIB-MIVB obligations contained in these TCU are commitments of resources. STIB-MIVB does not guarantee that the app will not be anomaly, mistake or bug free, or that these can be corrected, nor that the app will function without interruption or failure, nor that it is compatible with a special device or configuration other than explicitly mentioned by STIB-MIVB in these TCU. STIB-MIVB strives to offer the best possible service. However, STIB-MIVB shall not be liable in case of mistakes or extended periods for refreshing the dynamic data such as the waiting time related to the telecom operators, or that would have a slight difference with the other STIB-MIVB displays.

What’s more, STIB-MIVB shall not be held accountable for possible mistakes regarding third data, such as the theoretical timetables from the other operators (SNCB-NMBS, De Lijn and TEC).

Finally, STIB-MIVB is in no case liable for malfunctions which can be attributed to third software. Within the legal limits, STIB-MIVB shall not be liable in this case, in particular for any damage due to such defaults, directly or indirectly.

In no case shall STIB-MIVB be held responsible for any type of expected or unexpected, material or immaterial damage (including profit or opportunity loss) arising directly or indirectly from the use or the complete or partial impossibility to use the app. Finally, STIB-MIVB cannot control every website to which the company redirects the user through hyperlinks, which only aim at facilitating the user’s search. This is why STIB-MIVB is in no case liable for their content.

The user acknowledges they have verified that the mobile terminal they use does not contain any virus and that it works perfectly. STIB-MIVB, which bears no liability in this case, has no control over the mobile terminal and its functioning.

The user accepts full responsibility for all evaluations, taxes, fees and rights and any other financial liability which can result from the use of the app with the user account, as well as any use with the user account by a third person.

STIB-MIVB makes no guarantee regarding the app’s compatibility with a mobile terminal, a device, a special configuration, an operating system (OS) or a specific version, which the user acknowledges and accepts. Moreover, STIB-MIVB shall not be liable for the damages, including the damages caused to the mobile terminal used, resulting from a use which would have an adverse effect, contrary to the use for which the app was intended by the user.

In the event that the app should contain hyperlinks redirecting to sites or applications, it is up to the user to take note of the website / application policies towards which the app redirects, in particular regarding the personal data protection. STIB-MIVB makes no guarantee regarding any other website / application to which the user will have access through the app and STIB-MIVB shall in no case be held responsible for the content, the functioning and the access to these websites / applications.

These liability limitations or exclusions do not include any physical injury and any damage resulting from a gross or intentional negligence from STIB-MIVB.

11. APPLICATION USER OBLIGATIONS

The user explicitly commits:

to download and to use the app on their mobile terminal exclusively on a personal and non-commercial basis;
to not reproduce, in a permanent or temporary way, the app nor the content, completely or partially, by any means and in any form;
to not use software or processes meant to copy the content without a prior explicit written authorisation from STIB-MIVB;
to not proceed to any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembling, disassembling, transcoding, nor to apply reverse engineering, to use practices such as scraping or using robots in order to extract, reproduce the app, the services and/or the content completely or partially;
to not export the app, nor to merge the app completely or partially with other IT programs;
to only proceed to short quotations, analyses and reproductions destined for press reviews as well as for other uses explicitly authorised by law within its limits and conditions and in particular if the authors and the editorial source are quoted;
to explicitly not use software or devices which could disrupt the proper functioning of the app;
to not use the app in a way that could disrupt its proper functioning, nor to take action to impose a disproportionate charge on the STIB-MIVB infrastructures;
to not extract or reuse, including for personal purposes, without prior explicit written authorisation from STIB-MIVB, a substantial part or not of the content of the databases and archives constituted by the app or that can be consulted through the app;
to not set up systems that could hack the app and/or the content, completely or partially, or that could be a violation to the present TCU;
to inform STIB-MIVB as soon as they are aware of a hacking action and, more particularly, of any illicit or non-contractual use of the app and/or of the content regardless of the transmission mode;
to not communicate incorrect information or deliberately use the user account of another person (identity frauds);
to not sell, lease, sublicense or distribute the app and/or the content in any way to third parties.

Generally, the user undertakes to respect the applicable laws and regulations and to not to adversely affect the rights of third parties.

The user bears sole responsibility for any use of their credentials (such as their e-mail address) and password, and they are the sole guarantor of their confidentiality, as well as for any use of their user account. The user commits to regularly update all their information, particularly the information with regard to their user account, by resetting their password on a regular basis.

12. VARIOUS PROVISIONS

The contractual relations between the editor and the user and between STIB-MIVB and the user are governed by the sole provisions defined in the present TCU.

The provisions of the present TCU shall be interpreted as binding and enforceable under the applicable legislation. If one or several provisions of the present TCU were to be declared null, invalid or inapplicable under a law, a regulation or following a court decision that has become definitive, it would be deemed unwritten and the other provisions would remain in effect, valid and binding.

If an interpretation issue should arise from a contradiction between a title above the clauses and a clause itself, the titles will be declared non-existent.

In the event that STIB-MIVB would fail to apply or enforce one of the provisions contained in these TCU, this could not be interpreted as a renunciation to this provision or to any other provision of the present TCU.

If the present TCU should be translated to another language, only the French and the Dutch versions will be binding in case of interpretation issues regarding the provisions.

STIB-MIVB reserves the right to transfer all or part of its rights or obligations contained in the present TCU to a third party, without needing the user’s consent. Such transfer is considered a change of the present TCU and, if needed, the user will be informed.

STIB-MIVB intends to respect the third parties’ intellectual property rights. If the user nevertheless honestly considers that the elements included in the app breach the intellectual property rights of a third party, they are asked to contact STIB-MIVB, through the various communication channels cited below, in the last paragraph "Contact" of these TCU.

13. INTELLECTUAL PROPERTY

STIB-MIVB owns all intellectual property rights regarding the content and the app to which it belongs.

The access to the app does not confer any intellectual property right on the intellectual property rights regarding the app or one of its elements, which remain the exclusive property of STIB-MIVB. The access to the app confers to the user a free, revocable, universal, unassignable and non-exclusive right to use and consult the app for non-commercial and strictly personal purposes, within the limits of the present TCU.

The elements available in the app, such as texts, photographs, images, icons, maps, sounds, videos, software, databases, data, its structures and the whole content in general are also protected by intellectual and industrial property rights and other private rights of STIB-MIVB.

14. APPLICABLE LEGISLATION AND JURISDICTION

These TCU, and more generally the contractual relation arising from the use of the app, are governed by the laws of Belgium.

Unless otherwise legally provided, in case of the impossibility of an out-of-court settlement, the judicial district of Brussels and the laws of Belgium shall have exclusive jurisdiction to settle any dispute or claim between STIB-MIVB and a user which might arise out of or in connection with these TCU.

15. CONTACT

You can contact STIB-MIVB at the following address: STIB-MIVB Customer Care, rue Royale 76 at 1000 Brussels, by e-mail here or by telephone 070 23 2000 (€0.30/min).