TERMS AND CONDITIONS OF USE OF THE STIB-MIVB MOBILE APPLICATION
Last updated: 17/10/2018
Application version: 1.2
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 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. In case of incoherence or contradiction between the Dutch and the French versions or a version in another language of the present Terms and Conditions of Use, the French version will be the reference.
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 from our website (here).
This does not include the mobile Application User Guide of STIB-MIVB,, which can also be downloaded from our website (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
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 from the "Apple Store" and the "Google Play Store" on his 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 his Preferences and obtain personalised information from STIB-MIVB according to his 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 his wishes and his 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 a freely given agreement from the User identified through his User Account, for the Personal Data processing while accessing a specific service for which he has received a specific information.
- "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 (PD)": describes personal data as defined by article 4, 1) of the European Regulation 2016/679 of 27 April 2016 with regard to the protection of data.
- "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 his 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 his 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 (Apple iOS or Android), 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 User": describes any natural person using the urban public transport in the Brussels-Capital Region operated by STIB-MIVB, whether or not he is a User of the App.
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 his 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, he is asked to stop using the App and to delete it from his 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 without reservation or condition of the updated version of the TCU.
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 his 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 his approval, of his credentials, he commits 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 his journey habits, his position and the moment of use. For instance, the User will be warned of the disruptions on the lines nearby (travellers information messages) or in case of a station evacuation (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.
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 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 his specific consent, in the App settings, he 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 linked to the calendar events;
- Access to the location in order to visualise relevant information, linked to his location (e.g.: stops nearby, cursor on the map, etc.).
These are a non-exhaustive lists that can be modified at any moment by STIB-MIVB without incurring its liability by any person.
In the case of a User identification, he will benefit from the following functionalities (non-exhaustive list):
- User profile management;
- Favourites (address, stop or line) memorisation and possibility to launch an itinerary search directly towards this destination or to access the line details or the waiting time at the stops (real time) directly;
- visualisation of the disruption alerts based on the most frequently used lines and the User's location;
- history of the itinerary searches;
- notifications in order to be warned before leaving and to start an itinerary, or during a journey to alight from the bus, etc.
- in the event the Userhas given his specific consent, he 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.);
- reception of the promotional offers for the STIB-MIVB services and products, the newsletter, the network information, the season ticket renewal alerts, the App updates or the partner communications;
In the case of an identification regarding a minor, please refer to the paragraph relating to children.
In the case of an identification, the User can log off or delete his 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 "Contacts" of the present document.
If a User deletes an identification, all his 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").
STIB-MIVB attaches the utmost importance to the protection of your privacy.
By creating an account on the app, you get a personalised experience.
Your personal data necessary to provide you this personalised experience is stored in the databases of STIB-MIVB and is processed securely by STIB-MIVB.
You can also be assured that STIB-MIVB will not market these data to external parties.
You can at any time:
- rectify/delete your personal data directly in the app;
- delete your account through our website;
- activate/enable the options using some of your personal data.
STIB-MIVB shall respect the General Data Protection Regulation (GDPR).
With regard to the services regarding the App (the "Service"), STIB-MIVB processes a certain number of Personal Data in order to enhance and personalise the customer experience, and to execute the Service. This paragraph "Personal Data" is only applicable for the Service. The general policy regarding Personal Data processing is available on our website (www.stib-mivb.be).
4.1 Information regarding the personal data collected by STIB-MIVB from the person concerned (GDPR – ART.13)
4.1.1 Identity and contact details of the processing controller (Contributor)
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.
4.1.2 Contact details of the Data Privacy Officer
Data Privacy Officer
STIB-MIVB - Rue Royale 76 - 1000 Brussels
4.1.3 Purposes of the Personal Data processing
The main purpose of the personal data processing in the App is to offer a personalised service in relation to the User's habits, location and preferences, as long as he has given his prior Consent to this effect. This personalisation will be executed through information messages (e.g.: network disruptions or other relevant information with regard to the searched itinerary), communications (e.g.: in case of a station evacuation) and marketing (advertising).
As a second purpose, STIB-MIVB will use the Personal Data to statistical ends, to analyse the information needs and the use of its network in order to improve its transport service offer and the mobility in Brussels in general. For this purpose, the Personal Data are made anonymous.
4.1.4 Legitimate interests of the processing controller (Contributor)
In order to be able to propose offers and services adapted to the User's interests, STIB-MIVB processes the Personal Data based on the legal foundation of "legitimate interest" (STIB-MIVB has a legitimate interest in terms of information and communication towards its Users, insofar as it remains within the legal requirements regarding data protection and competition, in compliance with the authorisations the User has communicated (through the parameters).
4.1.5 Personal data recipients
The personal data storage and processing through the STIB-MIVB App are mostly carried out to offer a more relevant User experience to the User.
The Personal Data can however be subject to statistics or anonymised reports in an irreversible way (impossible to identify the concerned person (data subject).
Within specialised divisions of STIB-MIVB, the Personal Data can also be subject to information gathering with regard to one person (data subject) - for instance (non-exhaustive list): the database of the MOBIB cards of season tickets, etc.
STIB-MIVB will take every necessary measure to make sure that any natural person acting under its authority and/or in its name does not process the Personal Data in breach of the applicable provisions.
STIB-MIVB will inform the various divisions of the obligations of STIB-MIVB with respect to the Personal Data. STIB-MIVB will make sure that every employee implicated in the Personal Data processing enters into contractual confidentiality obligations in order to protect the confidentiality and the integrity of the Personal Data.
Some Personal Data we have collected can only be transferred to third parties in your name and with your sole consent.
4.1.6 Intention to transfer Personal Data to a third country or an international organisation
When authorised by the applicable legislation with regard to Personal Data protection and with the provision that all the applicable conditions are met regarding Personal Data storage and/or transfer, any country within the European Union will be able to store and process your Personal Data, provided we have service providers or a facility in that country..
We warn you beforehand that your Personal Data will be transferred to countries or territories outside of the European Economic Area. In that case, we will ensure that the appropriate guarantees based on the EU norms are applied in order to guarantee a level of protection to your Personal Data equal to the EU level.
4.1.7 Personal Data retention period
In the specific case of the App, the Personal Data on the used lines will be stored for a period of 18 months in order to offer the most relevant information with respect to the user habits of a User, especially when using the transport in Brussels during specific periods of the year. Once this period has passed, the data will be anonymised or destroyed.
4.1.8 Requirement to provide Personal Data
STIB-MIVB has set up a whole series of options in the User profile of the App.
Any option which processes personal data is activated after the User has priorly and freely given his Consent (opt-in), which he can withdraw at any moment in the App. STIB-MIVB keeps a record of any change in order to prove that the Personal Data are not stored nor processed if the Consent is not given in the App at the time of the action.
Any User who does not wish to give his Consent for any particular option will be able to continue using the App without restriction, although the access to some functionalities will be limited.
4.1.9 Existence of automated decision-making, including profiling
STIB-MIVB does not proceed to any automated decision-making in the App.
However, the App will display information filtered firstly on the user habits of a User, with respect to his location or to the time frame of the weekday, for which he asks the information about the transport in Brussels, as long as he has given his Consent before activating the location and the option ‘Smart Assistant’, and freely for filtering this information.
Moreover, STIB-MIVB could use this information for its own or its partners marketing direct purposes (that is for instance relevant promotions based on the User habits and location) as long as he has given his prior Consent to do so.
4.1.10 Further personal data processing for a purpose other than that for which the personal data were collected
STIB-MIVB has no intention of carrying out processes other than those described in this note, which entail a new processing of the Personal Data.
In the event this should happen, STIB-MIVB commits to provide present adapted CGU simultaneously with the publication of a new version of the App, so as to ask the User's Consent again for this new Personal Data processing.
4.2. Options required in the app and regarding personal data
4.2.1. App settings.
The permissions, available in the settings, are the following:
The location: always only active when the App is active or never; Activating this option allows the App to access the User's location, that is the GPS coordinates of his position at the moment of his connection to the App, even when the User is not identified. This data is stored anonymously in the STIB-MIVB databases
The contacts: Activating this option allows the App to access the contacts saved in the mobile phone. Thanks to this option, the User experience can be enhanced by allowing to visualise addresses linked to a contact directly in the itinerary search results. These data are neither stored, nor processed in the STIB-MIVB databases. Moreover, they are kept at the level of the User's Mobile Terminal.
The calendar: Activating this option allows the App to access the events saved in the calendar of the mobile phone. Thanks to this option, the User experience can be enhanced by allowing to visualise addresses linked to the calendar events directly in the itinerary search results. These data are neither stored, nor processed in the STIB-MIVB databases. Moreover, they are kept at the level of the User's Mobile Terminal.
The notifications: Activating this option allows the App to receive notifications in the mobile phone, based on the actions of the User. The User must be identified beforehand and he must have given his specific Consent in the App settings.
Languages: possibility for a User to define the language used for the App (FR / NL / EN), as well as the language which will be used to identify or to display the stop names (FR / NL). The language preferences are stored at the level of the User's Mobile Terminal. Moreover, these preferences are not stored in the STIB-MIVB databases.
4.2.2 Account profile
Password change: functionality in the App allowing to modify the STIB-MIVB password.
Smart Assistant: User's Consent option allowing the STIB-MIVB App to save the User's search or user habits, allowing to provide the most relevant travellers information.
4.2.3 E-mail settings
The User can choose to be informed of what happens on the STIB-MIVB network, after the User's Consent, through the e-mail address communicated during the account creation. STIB-MIVB proposes various communications, to which the User can subscribe:
- Alerts renewal season ticket: 7 days before the validity end date of the season ticket;
- Newsletters: The best deals, the contests, the STIB-MIVB promotional offers, but also network information: timetable changes, works and any other useful information to live and move about in Brussels every day;
- Updates: The availability of an application update;
- STIB-MIVB promotional offers: The promotional offers for the STIB-MIVB services or products;
- Promotional offers Partners: The promotional offers from the STIB-MIVB partners.
Within the profile configuration, the User can at any moment decline reception of all or only some communication modes with an impact for the future.
4.3. Specific personal data processing
In the event a User decides to use the App without identification, no personal data will be saved in the STIB-MIVB databases (not even the Mobile Terminal login). The Mobile Terminal login is used to generate a safety measure which allows STIB-MIVB to guarantee that the services used are those of a Mobile Terminal and not of an unknown or malicious system;
The language preferences of the App and the language of the stop names are stored in the Mobile Terminal.
A minor under 13 years old will not be able to create a personal account. Thus, no personal data of minors under 13 years old will be stored in the STIB-MIVB database.
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.
An additional specific precaution was put in place for minors under 13 years old. These children will not be able:
- to activate the option ‘Smart Assistant’. Consequently, no location, nor frequently used lines or visited places will be saved as user habits. Only their preferences (including favourites: addresses, contact or event addresses, recent searches) will be stored in the STIB-MIVB databases;
- to give their consents to receive the communications from STIB-MIVB and its partners (e-mail settings not accessible). Moreover, a minor under 13 years old will not receive any advertising message.
4.3.2 Data stored if the User is identified
126.96.36.199 Data linked to the profile
Stored data: E-mail address, Name, First name, Civil status, Date of birth.
For the STIB-MIVB accounts created with an e-mail: STIB-MIVB password.
For the accounts created with a Facebook login, no other data will be received from or processed by Facebook (not even the password).
The date of birth is a User's profile element that is crucial at the App's level in order to identify the minors under 13 years old (actual age on the day of use).
Storage purposes: General data regarding the User identification, allowing to define the profile, so that STIB-MIVB can communicate in a personalised way (User preferences, favourites, etc.).
Retention period for each data item: during the active life of a User account, the lifespan is determined by the User himself, who can choose at any moment, to delete his account through MyBootik on our website (www.stib-mivb.be).
Stored data: any point of interest, contact point, public address, line, or stop, that the User enters manually and voluntarily through his favourites' screen. The favourites can be referred to with a name that can be changed by the User or standard with his place of residence or work, and his favourite places can be sorted in the order of his choice.
Storage purposes: to offer in the App:
- a fast itinerary search, without the need to manually enter all the settings for each request to the places the User visits the most through the favourites of the type ‘addresses’.
- a direct access to the line details or the waiting time at the stops (real time) through the favourites of the type ‘line’ or ‘stop’.
Retention period for each data item: during the active life of a User account, the lifespan is determined by the User himself, who can choose to delete either favourites directly in the App or his account through MyBootik on our website (www.stib-mivb.be).
188.8.131.52 Recently searched places
Stored data: the places searched during an itinerary request, whether these are starting or destination points.
Storage purposes: to quickly access the last places searched by the User in order to display these places first in the App's screens.
Retention period of each data item: the last 30 searched places, since the purpose of the App is to help the User to launch a new itinerary search to a searched place, with a time limit of 18 months maximum, in order to maintain the seasonal or annual habits of a User, who uses STIB-MIVB occasionally.
The User himself can, at any moment, either delete recently searched places directly in the App, or delete his account through MyBootik on our website (www.stib-mivb.be).
184.108.40.206 Itinerary searches in the future with notification
Stored data: all the settings of an Itinerary, when it is set in the future: its starting point, its destination, the transport modes and the requested operators, the departure or arrival date and time, as well as the time for which a User wishes to be notified before his departure.
Storage purposes: to allow STIB-MIVB to send a notification within the deadlines requested by a User in order to warn him to leave and to follow an itinerary.
Retention period of each data: until the moment of the departure notification for this itinerary.
4.3.3 Data stored if the User is identified AND that he has given his Consent for the option ‘Smart Assistant’
220.127.116.11 Frequently used lines
Stored data: the STIB-MIVB lines which are searched via the App after having searched an itinerary and having actually taken the recommended route (as long as he has given his Consent for the use of his location and the ‘Smart Assistant’ option).
Storage purposes: to provide the User with the most relevant travellers information compared to his search or user habits, at a specific moment of the day, to a weekday, and to the frequency of use of certain STIB-MIVB lines.
Retention period of each data item: 18 months in order to detect the periodic habits (seasonal, annual, etc.).
The User himself can, at any moment, either delete frequently used lines directly in the App or delete his account through MyBootik on our website (www.stib-mivb.be).
18.104.22.168 Visited places
Stored data: the places visited and stored during a journey (step by step).
Storage purposes: to provide the User with the most relevant travellers information compared to the places visited in order to display these places first in the App's screens.
Retention period of each data item: the last 30 visited places, since the purpose of the App is to help the User to launch a new itinerary search to a visited place, with a time limit of 18 months maximum, in order to keep the seasonal or annual habits of a User, who uses STIB-MIVB occasionally.
The User himself can, at any moment, either delete recently visited places directly in the App, or delete his account through MyBootik on our website (www.stib-mivb.be).
4.4. Identification with a Facebook account
STIB-MIVB offers the User the possibility to connect to the service through his Facebook access (the Facebook-Connect). Facebook-Connect is a service from the social network Facebook, which is exploited by the Facebook Inc. company (1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook")). In that case, additional registration with STIB-MIVB is no longer required. For the subscription, the User is redirected to the Facebook website where he can subscribe by using his User data. As a result, the Facebook profile and the STIB-MIVB service are linked. The Personal Data from Facebook (first name, family name, e-mail address and date of birth) are exchanged in order to fill the fields in advance during the account creation. These Personal Data are stored and processed in the same way as for an account created with an e-mail address.
Facebook does not give nor process any other data (not even the password).
STIB-MIVB has no intention of exploiting, in the future, in the mobile application, any other information in possession of Facebook on the account of the User. STIB-MIVB declines all liability regarding the processing of data from STIB-MIVB users by Facebook. For more information regarding Facebook-Connect and the data protection settings, please refer to the data protection instructions of Facebook: https://www.facebook.com/about/privacy
4.5. How can you enforce your rights?
The following rights are directly enforceable for the App:
- Right of rectification and erasure: You can at any moment obtain the rectification or erasure of your Personal Data present in the App: favourites, recent searches, visited places, etc. You can also ask for the deletion of your account through MyBootik on our website (www.stib-mivb.be).
- Withdrawal of consent: Insofar as you have given a consent regarding the processing of your Personal Data, you can withdraw it at any moment directly in the App's settings.
The User's consent is needed for the following authorisations:
- Using the Smart Assistant;
- Sending STIB-MIVB newsletters (contests, network info, promotions, etc.);
- Sending promotional offers for the STIB-MIVB services and products;
- Sending promotional offers from STIB-MIVB partners;
- Sending season ticket renewal alerts (7 days before the end date validity of the season ticket);
- Sending the update notifications for the mobile application;
- Sending other notifications, e.g. during a journey to alight at the indicated stop, or before leaving for a planned journey;
- Accessing the location data;
- Accessing the calendar:
- Accessing the address book (contacts).
The use of the App's location functionality requires the User's prior Consent to be located, that is to give the GPS coordinates of his location at the moment of the connection to the App. To do so, the User will have to activate, if he wishes to do so, the location directly in his Mobile Terminal settings and accept that the App has access to it. This functionality can, at any moment, be deactivated or activated.
By accepting the GPS location option of the mobile telephone and of the App, the User will be able to (non-exhaustive):
- visualise the network near his location;
- receive the relevant travellers information linked to his location;
- launch an Itinerary search from his location and be guided during the Journey to go to the desired place;
STIB-MIVB is not responsible for collecting the real location of the User. This depends on the Mobile Terminal, the internet access provider, the precision provided through a Wi-Fi connection and/or other elements which are beyond the control and, as such, the liability of STIB-MIVB.
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 his 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. STIB-MIVB LIABILITY WITH REGARD TO THE APPLICATION USE
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.
The STIB-MIVB obligations in these TCU constitute commitments of resources. STIB-MIVB does not guarantee 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 present 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 displays of STIB-MIVB.
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 he has verified that the Mobile Terminal he uses 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 Appwith the User account, as well as any use with the User account by a third person.
STIB-MIVB makes no guarantee regarding the App'scompatibility 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 his 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 the 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 not 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 he is 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 his credentials (such as his e-mail address) and password, and he is the sole guarantor of their confidentiality, as well as for any use of his User Account. The User commits to regularly update all his information, particularly the information with regard to his User Account, by resetting his 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 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 a difficulty of interpretation should arise from a contradiction between a title above the clauses and a clause itself, the titles will be declared non-existent.
The fact, for STIB-MIVB, to not apply or enforce one of the provisions of the present TCU cannot 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 assign, partially or completely, its rights or obligations of the present TCU to a third party, without needing the User's consent. Such cession will constitute 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, he is 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, which can be accessed on 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 STIB-MIVB has.
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.
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).
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