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Condicions d'ús

The general terms of use for this open data website are protected by the following regulations in force: Law 37/2007, of 16th November, on the re-use of public sector information, transposing Directive 2003/98/EC of the European Parliament and the Council; Law 29/2010, of 3rd August, on the use of electronic media in the public sector in Catalonia; Royal Legislative Decree 1/1996, of 12th April, approving the consolidated text of the Law on intellectual property.

Depending on the source of the information, different terms shall apply: on the one hand, the content and information made available on the open data website of the Barcelona Metropolitan Area (AMB) that are subject to intellectual property rights and are owned by the AMB shall be subject to the Creative Commons license indicated in each dataset. On the other hand, open data contents owned by Barcelona Metropolitan Transport (TMB) shall be subject to the general terms for online contracting regulating the granting of a non-exclusive license for the re-use of contents from the TMB databases. 

AMB data

Depending on the type of data available for download, the user shall, in each and every case, comply with the authorization, license or terms established for each dataset:
In all cases, the user and/or company, by downloading and re-using the data, acquires some obligations that are visible in a legal notice that must contain the basic compliance points. These obligations are:
  • That the content of the information is not altered.
  • That the sense of the information is not perverted.
  • That the source of the information is quoted in compliance with the requirements set out in the data use license.
  • That the date of the most recent update is mentioned.Que el contingut de la informació no sigui alterat.
As for any industrial property rights that may arise, these rights are the property of the Barcelona Metropolitan Area or their rightful proprietors, with all rights reserved.

Any use of information available on this website that breaches this legal notice, as well as any damage caused to intellectual and industrial property rights owned by the Barcelona Metropolitan Area shall give rise to legal actions corresponding to this Administration and, if necessary, to any liabilities thereto.
  • Recipients of the online application service for a non-exclusive content re-use license
    According to Article 5 of Organic Law 15/1999, December 13th, on the Protection of personal data, we inform citizens that their personal data will be collected, stored and processed in the automated file called AMB_dades, aimed at ensuring the traceability of all citizenship transactions made with the Administration of the Barcelona Metropolitan Area on the AMB website.

    The body responsible for this file is the Management of the Metropolitan Area, and the address where the person concerned can exercise its rights of access, rectification, cancellation and opposition, in person, is: C.62, nº 16-18 Zona Franca, 08040 Barcelona, although citizens can also use the Suggestions and complaints form.

    However, acceptance of these conditions implies consent to the processing of citizens' personal data for the provision of services requested through this web and, if necessary, to carry out the necessary arrangements with the administrations or public entities involved in the process, as well as its subsequent inclusion in the aforementioned automated file AMB_dades.

    Legal Notice web AMB

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TMB data

General online contracting terms regulating the granting of a non-exclusive re-use license for the contents on the databases of TMB.
  • Prior information
    These general contracting terms, together with the specific terms that may apply, shall regulate the relationship between TRANSPORTS DE BARCELONA, SA, and FERROCARRIL METROPOLITÀ DE BARCELONA, SA (hereafter referred to as TB and METRO, respectively, or TMB when they are referred to jointly) on the one hand, and the CLIENT on the other. The CLIENT is a private individual or a corporate body, depending on the case, that is granted a non-exclusive re-use license for the contents of the databases that TMB uses to manage the public passenger transport service it provides in the city of Barcelona and in some of the municipalities bordering its metropolitan area.

    The act of applying for a license shall not mean it is granted. In order to get a license, the CLIENT must receive an email from TMB expressly stating that their application has been approved.

    Obtaining an online non-exclusive license to re-use certain contents of the databases of TMB entails the acceptance of these general terms of granting.

    Applications shall be submitted using the form available for this purpose on the website www.tmb.cat and may be filled out in Catalan, Spanish or English.

    If the CLIENT accepts these general terms of contracting, they shall mark the box that is next to the text "I have read and accept the general terms". Otherwise, they will not be able to send the application form.

    The identification data for the persons in charge of the website to get an online non-exclusive re-use license for the contents of the databases used to manage the public passenger transport service provided by TMB in the city of Barcelona and in some of the municipalities bordering its metropolitan area are:

    TRANSPORTS DE BARCELONA, SA
    Tax Identification Number: A-08016081
    Registered office: carrer 60, núm. 21-23, sector A de la Zona Franca, 08040 Barcelona
    www.tmb.cat
    Registered on the Commercial Register of Barcelona, under volume 226, sheet 16610, page 145.


    FERROCARRIL METROPOLITÀ DE BARCELONA, SA
    Tax Identification Number: A-08005795
    Registered office: carrer 60, núm. 21-23, sector A de la Zona Franca, 08040 Barcelona
    www.tmb.cat
    Registered on the Commercial Register of Barcelona, under volume146, sheet 14201, page 167.

    Hereafter referred to as TB and METRO, respectively, and TMB when referred to jointly.
  • Recipients of the online application service for a non-exclusive content re-use license
    Recipients shall be private individuals or corporate bodies (CLIENT) that develop computer applications to inform on the public transport service provided by TMB or that provide services and/or products that are based on the contents of the TMB databases.

    Private individuals may act on their own behalf or on behalf and representation of a corporate entity, association or foundation, etc. In all cases, private individuals shall declare they are of legal age and have sufficient legal capacity to enter into a contract and be bound by these general terms; when acting on behalf and representation of any entity, private individuals shall declare they are duly legalised to represent and enter into contracts on behalf of the entity they are representing.

    The CLIENT expressly accepts, with no exception, that they are accessing and using the application website for an online non-exclusive content re-use license under their own and exclusive responsibility.

    TMB reserves for itself the right to change the display and setup of the application website for an online non-exclusive content re-use license unilaterally and without prior notice at any time, as well as to cancel access to this website temporarily or indefinitely. 
  • Procedure
    After filling in all the form fields on the website www.tmb.cat and marking the box that appears next to the text "I have read and accept the general terms", the CLIENT must click on the "Send" icon.

    Submitting an application shall not entail the granting of any license. For the license to be granted, TMB shall authorize this by sending the CLIENT an email approving their application.
  • Scope of the license
    The license is non-exclusive and allows reproducing, distributing and publicly disclosing, as well as creating and exploiting works deriving from certain contents on the databases owned by TMB.

    The contents under the license include statistical data from the public transport service provided by TMB in GTFS format and the live data provided via SOAP web services requested by the CLIENT.

    Licenses are valid for all countries in the world and for a time period of one year, starting on the day after the CLIENT receives an email from TMB approving their application.

    Licenses are granted for free. However, TMB reserves for itself the right to bind certain contents on their databases to re-use licenses to specific terms that are different from these general terms. This may include the possibility of making the license subject to the payment of a sum of money or a different form of payment.

    The CLIENT agrees to:
    • Quote the source of the content and the most recent update of the application, product and/or service used.
    • Refrain from altering or perverting the contents.
    • Re-use the contents exclusively for the application and/or service indicated in the application.
    • Submit to TMB, whenever required to do so, all statistical data on the use of the application, service and/or product created with the contents on an Excel spreadsheet.
  • Guarantee and disclaimer of liabilities
    TMB is the rightful owner of the databases operating with the contents that are the subject of the license.

    TMB offers the contents as they are on its databases. In spite of the resources implemented and the efforts made, TMB cannot guarantee the integrity, updating, concision of or continued access to the contents.

    TMB reserves for itself the right to add, eliminate or change the contents and/or these general terms at any time. Any changes shall be communicated on the TMB Open Data section of the website www.tmb.cat and shall take effect on the day after they are published, unless stated otherwise.

    TMB shall not be held liable for any damages stemming directly or indirectly from the re-use of its contents.
  • CLIENT liabilities
    The CLIENT shall re-use the licensed contents in the terms set out in these general terms. These general terms shall be complemented with and interpreted according to the provisions set out in Royal legislative decree 1/1996, of 12th April, approving the consolidated text of the Law on intellectual property, or any regulation replacing it.

    Failure by the CLIENT to comply with any of their obligations stemming from the granting of the license shall lead to the unilateral and immediate termination of the contractual relationship between the parties, and the license will no longer have any effects.

    The CLIENT shall be held liable for any damages caused to TMB or to third parties that are directly or indirectly attributable to the re-use of the contents. Consequently, the CLIENT accepts to pay compensation to TMB or third parties, with total indemnity for TMB. This compensation shall include the amounts claimed, fines, taxes, etc. including interest, surcharges, judicial costs, attorney and lawyer fees, and any other cost, notwithstanding the legal actions that TMB may take against the CLIENT.
  • Taxation
    The CLIENT shall pay any taxes that may be required, stemming from the content re-use license granted.
  • Applicable legislation and venue
    These general terms shall be subject to Spanish legislation, especially Royal legislative decree 1/1996, of 12th April, approving the consolidated text of the Law on intellectual property, or any regulation replacing it.
  • Personal data protection
    Personal data of the clients shall be processed in accordance with the provisions set out in Organic law 15/1999, of 13th December, on the Protection of personal data (LOPD). In accordance with Article 5 of the aforementioned law, clients are informed that their information shall be included into the files owned by Transports de Barcelona, SA (buses) and/or Ferrocarril Metropolità de Barcelona, SA (metro), as corresponds, to manage the contractual relationship and any rights and duties stemming from this relationship.

    Clients may exercise their right to access, correct, cancel and contest by writing an email addressed to TMB to the email address atencioclient@tmb.cat , or by post to the following address: carrer Número 60, núm. 21-23, sector A, Polígon Industrial de la Zona Franca, 08040 Barcelona, with the reference: "Exercising rights relating to LOPD".

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Agreement by the Metropolitan Council

Within the framework of the recommendations, criteria and regulations stemming from Directive 2013/37/EU of the European Parliament and Council that amends Directive 2003/98/EC relating to the re-use of public sector information; Law 19/2013, of 9th December, on transparency, access to public information and good governance; Law 37/2007, of 16th November, on the re-use of public sector information; and Royal Decree 919/2014, of 31st October, approving the Statute of the Council for Transparency and Good Governance.

Considering the 2011-2015 Metropolitan Action Plan, approved by the Metropolitan Council on 6th March 2012, defines in its introduction that one of the drivers behind all its programmed action is to "administer public resources and manage services with transparency, providing access to information and data".

Considering the provisions set out in Articles 73 and following in Chapter 4 of the Metropolitan Organic Regulation, constituting the basic regulating norm of the AMB and setting forth the principles of transparency in the activities conducted by the Institution and regulating access to its public information.

The Metropolitan Council hereby AGREES:

One. To materialize the Institution's commitment to make available to citizens the public information owned by the Institution, through the creation of the AMB Open Data Website, using for this the techniques and solutions to open data in accordance with the legislation on the re-use of public sector information and the regulations developing it.

Two.  To proceed to reach the following operational goals for the project of opening public data of the AMB:
  1. Contribute to the improvement of the information systems of the AMB.
  2. Increase informative transparency.
  3. Promote the inter-operational capacity of data among the public sector.
  4. Foster innovation and add public value by the re-use of public information by citizens and companies.
  5. Identify the files containing public information of the AMB and its public sector that could be included into the AMB Open Data Computerised System.
  6. Draft a progressive deployment plan for AMB open data, and identify the sources of information and prioritizing those contributing a greater public value.
  7. Develop and maintain the AMB Open Data Website.
  8. Develop a robust, coherent, real and update metadata system for an easier understanding and use of open data.
  9. Build the necessary mechanisms to harmoniously coordinate the inclusion of data into the project to open AMB data.
  10. Release the data through open licenses and other relevant instruments, respecting intellectual property rights.
  11. Establish collaboration alliances with entities, organizations and other public administrations to encourage the re-use of open data.
Three. To proceed to reach the following goals for the extension and collaboration required for an efficient management of the AMB Open Data Website. This requires the engagement of the managerial areas, services and departments, including entities and own companies and those in which the metropolitan Administration is participating in, within the respective scope of competencies, and based on the following tasks:
  1. To communicate to the AMB Management, which is the body in charge of coordinating the project to open AMB data, all data that could be opened, as well as the activities carried out within the scope of their re-use.
  2. To listen to civil society organization, citizens and companies in order to identify the information on data that needs to be released.
  3. To listen to the comments by users and developers of open data applications in order to improve the outreach, quality and accessibility of this data.
  4. To draft operational plans setting out the information and services that can be offered on the AMB Open Data Website.
  5. To foresee and take the appropriate measures right from the start of the information systems within its scope of action so that the formats and distribution of data make it easy for these to be extracted, processed, opened and made inter-operational.
  6. To make sure the data that falls within the scope of action and that may be part of the AMB open data system is updated with a frequency that is adequate to the nature of the information and with the lowest legal restrictions possible, using open irrevocable licenses.

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