Last updated: 29/12/2017
Article 1. Definitions
This implies the Société des Transports Intercommunaux de Bruxelles (Brussels Intermunicipal Transport Company), headquartered at 1000 - BRUSSELS, 76, Rue Royale, registered in the Register of Legal Entities under the Company Number 0247.499.953 and VAT-registered under the number BE 247.499.953, established under the ordinance of 22 November 1990 of the Brussels-Capital Region and of which the articles of association were approved by the executive decision of this Region on 6 December 1990.
1.3 Derived information
This concerns new data or information that has been created either directly from "Information", or from a combination of "Information" and other data or information that are not subject to this licence.
1.6 Intellectual Property Rights
These are any intellectual property rights (registered or otherwise) including, without this list being exhaustive, copyrights (as well as copyrights on computer programmes, including preparatory design material), ancillary rights of copyrights, sui generis rights to databases, trademark rights, patents, drawings and/or models.
Article 3. Object of the Licence
The Licence is granted to the Re-user for the sole purpose of reusing or distributing the Information via the products, services and/or applications of the Re-user to the public (hereinafter the « Objective ») and shall authorise the Re-user more specifically to:
i. Reproduce, copy, publish and transmit the Information;
ii. Disseminate, communicate to the public, lend and redistribute the Information;
iii. Adapt, translate, extract, transform and exploit the Information for commercial purposes, for example by combining it with other information or by including it in the Re-user's own product, service and/or application.
The actions defined in the points i. ii. and iii. above must be taken in order to achieve the Objective and under the following conditions:
a) The Re-user has the right to reuse the Information for commercial or non-commercial purposes. However, the Re-user is not authorised to sell and/or make the Information itself available to third parties for a fee.
As a part of the reuse of the Information, the Re-user agrees to mention the authorship of the Information: its source (at least the name of the Producer) and the date of its last update; For this purpose, the Re-user agrees to include the following clause in the product, service and/or application: "This product/service/application uses data provided by STIB/MIVB. The data was last updated on [date]." In the event that the Re-user modifies or corrects the Information, the Re-user agrees to include the following clause in the product, service and/or application: "This product/service/application is based on data originally provided by STIB/MIVB that was updated on [date] and that fully or partly was modified by [name of the Re-user]". If the Re-user's purpose is to inform the public, for example on the timetables of the public transportation, he is obligated to use the most recent Information made available by STIB/MIVB;
b) The reuse must comply with the applicable laws and the possible Graphical and Ethical Charter of the Producer.
c) In order to maintain the value and relevance of the Information, it is recommended that the Re-user aligns the update frequency of the Information with that of the Producer.
For data published via API (‘Application Programming Interface’), the bandwidth is limited by a number of requests (‘API calls’, hereinafter ‘Calls’) per minute. The maximum number of Calls allowed is different for each method and it is defined in the technical documentation of the API, available on the platform. The Producer reserves the right to reduce or limit the access, or even to end the Licence if the limited number of Calls is not respected and/or when the service could be degraded or damaged by an excessive use. The bandwidth is monitored dynamically by appropriate API management tools;
If the Re-user wishes to exceed the number of Calls, he will have to ask the Producer for a special paying Licence.
Article 4. Liability
b) Does not guarantee the absence of faults or irregularities possibly contained within the Information;
c) Does not guarantee the continuous provision of the Information;
d) Except in case of wilful misrepresentation or gross negligence, cannot be held responsible for any loss, prejudice or damage of any kind caused to the Re-user and third parties as a result of the reuse of the Information;
e) Does not guarantee in any way the adequacy of the Information to the Re-user or any end users for whatever usage.
The Re-user bears sole responsibility for the reuse of the Information. More specifically, the reuse must not mislead third parties as to the content of the Information, its source and its date of update. The reuse cannot affect the good reputation of the Producer. If the Re-user notices any errors, he is allowed to modify and/or correct the errors on his own responsibility. The Re-user will inform the Producer of every modification or correction of the errors.
Article 5. Intellectual Property Rights
All Intellectual Property Rights on and/or regarding the Information of the Producer and on the information to which he grants access remain the sole property of the Producer, without this clause limiting the licence defined by article 3 of this licence.
The Producer cannot be held responsible in any way for infringements on the rights of third parties, among others on Intellectual Property Rights, which the Re-user might commit in the context of the direct or indirect use of the Information of the Producer.
The warranty claim referred to in article 4 in fine is also applicable within the context of claims pertaining to intellectual property.
Article 6. Privacy - Personal data
STIB/MIVB and the Re-user agree to respect and protect the privacy of private individuals and guarantee compliance with laws and regulations pertaining thereto. Among others, STIB/MIVB and the Re-user shall authorise the private individuals concerned by the management and/or the reuse of the Information to consult their personal data, to modify it if it is not correct, to delete it, to object to the processing, to exercise the data transferability rights and the right to lodge a complaint with a supervisory authority. STIB/MIVB is qualified as responsible for personal data processing only for the data processing it collects.
- For private individuals: name, first name, e-mail, date of birth, telephone number, business address, IP address;
- For legal entities: company name, IP address, the Register of Legal Entities number, telephone number, address, name, first name, e-mail and date of birth of the person who submits the request.
For private individuals younger than 16 years old (at the date of use), the processing of personal data remains the same as it is a legitimate interest for STIB/MIVB to provide the services requested.
The Re-user agrees to obtain the consent pertaining to the above-mentioned processing of i) any person associated with the Re-user and/or ii) any private individual concerned by the reuse of the Information performed by and/or for the Re-user.
Article 7. Duration and end of the Licence
The Licence is granted for an unlimited duration.
The Producer may lawfully terminate the Licence at any moment in the event of serious violation by the Re-user of one of the contractual obligations.
The Producer reserves the right to terminate the Licence provided there's one months' notice, in particular following modifications to the applicable regulations, or if a judicial ruling demands it, and more generally, in any eventuality where it might be compelled to terminate it, for whatever reason.
In any case, termination by the Producer shall not grant the right to any indemnity in favour of the Re-user and/or any third parties.
Article 8. Miscellaneous
All periods are calculated in calendar days.
Article 9. Applicable law and jurisdiction
Annex 1 Graphical and Ethical Charter of the Producer
The name of the Producer, the colour code of the lines and the logos specified in this Annex may only be used in direct relation to the Objective.
1. COLOUR CODE OF THE LINES
The display of the tram, bus and metro lines of the Producer must respect the colour codes of these lines, which are communicated to the Re-user by the Producer in GTFS format, within the technical means of the Re-user and its cartographic constraints. The Re-user agrees to respect as closely as possible the original colours provided by the Producer.
- The logos of the Producer (STIB, BOOTIK, KIOSK, GO, SHOP, CHRONO, SYNCRO, etc.), when used in the Re-user's interfaces, shall be displayed as provided by the Producer (within the technical means of the Re-user).
- These logos may not be modified in any way without the written agreement of the Producer, with the exception of the technical impossibility indicated in paragraph 1 above, and also modifying the size of the logos, which may be freely done by the Re-user to adapt its applications and/or internet services, in compliance with the purpose. Example of the Producer's Logo:
- Within its technical means, the Re-user undertakes to display the logo on the Internet sites or programmes or application which are developed using the Information as well as on all communication tools implemented for the purposes of advertising.
- The display of STIB logo must respect the provisions as they are presented in the model available at www.stib.brussels.
3. ADVERTISING ON THE PRODUCTS OF THE PRODUCER
The Producer does not wish to see its name and/or logo associated with the following elements:
1. the Belgian political sphere including political parties, trade unions and/or professional organisations;
2. popular opinions on potentially controversial subjects:
- opinion surveys
- philosophical concepts
- religious convictions
- military issues
- racial issues
- issues which are offensive to a third party/ies.
- social issues
- ethical issues
- issues pertaining to sects
- affronts to common decency
- breaches of morality
- linguistic or graphical excess
3. in the linguistics field:
- advertising which especially promotes one of the languages at the expense of the other.
4. in the area of transport:
- no advertising making direct comparisons with the use of public transport
- more flexibility during events such as the Motor Show.
- no displays which are too eye-catching, biased, or which make reference to the mode of transport carrying the advert
- no advertising which takes up more than 50% of the network
- no advertising for the 4X4s
- There are exceptions for the dissemination of certain « transit » information on the map, if the Re-user activates its « transit » functionalities but continues a search linked to a different mode of transport to that of public transport, which can activate the display of certain information linked to its search and conflicting with the previous point pertaining to the area of transport (e.g. the activation of the « transit layer » at the same time as a search for sales points of a 4X4s concessionary).
5. in miscellaneous areas:
- invitations to break laws and regulations
- breaches of public order
The Re-user agrees to not associate the name of the Producer and/or its logo in the context of promotional activities, advertising and/or other communication linked to subjects.
The use of the Producer's name and/or his logo cannot affect the good reputation of the Producer.