Terms of use for the GRUP FGC resort mobile app

These terms govern your rights and obligations as an app user.

The user of this mobile phone application must accept these terms and conditions of use which are binding, and it is understood that mere use of this application implies the aforementioned acceptance in full and without any reservations. These terms and conditions of use will be valid indefinitely, with FGC reserving the right to modify them.

The data provided to us at the time of registration will be used by FGC to send information on activities, promotions and any other information related to the resorts.

Pursuant to the personal data protection legislation, please note that your personal data will be processed by FERROCARRILS DE LA GENERALITAT DE CATALUNYA in order to send information on activities, promotions and any other information related to the resorts, to manage the requested services, as well as to analyse use of the applications for statistical purposes. Additional and detailed information and data protection rights are explained in the section "Personal data protection and privacy"

The request to register in the Skitude skiers' social network will be governed by the Skitude terms of use (http://www.skitude.com/ca/terminos-y-condiciones)

1. Purpose of the app

The mobile applications for FGC, La Molina, Vall de Núria, Port Aine, Espot, Vallter and Boí Taüll are owned by Ferrocarrils de la Generalitat de Catalunya (FGC).

For the purposes of this Legal Notice, FGC's registered office is located at Cardenal Sentmenat, 4, 08017 Barcelona. Tel.: +34 933 66 30 00

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS:

The contents, service marks and logos included in this mobile application (app) are the property of FGC. Reproduction, duplication, copying, sale, resale or use for commercial purposes is also prohibited. Infringement shall give rise to any appropriate civil or criminal action, in accordance with the laws and international treaties in force.

The entire content of this mobile application, whether text, images, sounds, files, marks, logos or any other element and form of presentation, as well as the computer programs required for its operation, access and use, are protected by the current legislation regarding the owners' intellectual property. Modification, copying, reproduction, download, transmission, distribution or transformation of the contents is prohibited without the owners' permission.

Access to the mobile application does not in any case imply that the users acquire any ownership rights over the contents therein. Some of the contents of the mobile application can be downloaded by the user, provided that it is for private use and not commercial purposes.

2. Personal data protection and privacy

Basic data protection information:

• Data controller: Ferrocarrils de la Generalitat de Catalunya with tax ID Q0801576J and address at Calle de los Vergós 44. - 08017 - Barcelona. DPD contact details: dpd@fgc.cat

• Purpose: Manage communications and information related to the service contract established between the parties

• Lawful basis: Data subject consent, provision of the service and compliance with legal obligations

• Recipients: The data will not be sent to third parties, unless necessary to provide the requested service

• Data retention period: The data will be kept until necessary for the purpose for which it has been collected and/or legal aspects.

• Data subject rights: You have the right to access, rectify, delete, request a transfer, object to processing and request restricted processing. These rights can be exercised by sending an email to the data controller listed in the "Data Controller" point

Further detailed information is provided in the following sections.

2.1. Data controller and contact details

The data required for GRUP FGC features (excluding Skitude features) is processed by GRUP FGC

You can contact the data protection officer of GRUP FGC by writing to: dpd@fgc.cat

Confidentiality: The data that you provide us through the mobile application forms or data that is necessary to be able to make use of the mobile app will not be used for any other purpose or transferred to third parties, in accordance with the principles of confidentiality and protection of personal data of data protection legislation, except for data required for third-party services such as Skitude or Facebook, which is governed by their terms of use.

2.2. Personal data protection rights

You are entitled to access your data, know how it is processed, correct any mistakes or ask for it to be erased, ask to transfer your data (data portability), object to its processing and request restricted processing, as well as simply withdraw your consent.

To exercise your data protection rights, you can contact GRUP FGC at its address or send an email to dpd@fgc.cat, giving the reference ‘Exercising GDPR rights’.

Data protection law also establishes your entitlement to file a complaint with the data protection authorities.

2.3. How we obtain your personal data

When you use this app, we can obtain data from:

• Data provided by the user: specific data is provided by the user, such as their username, password, email, settings, etc.

• Data obtained from GRUP FGC: data obtained when you register for our services, make purchases or take part in our loyalty programmes.

• Data obtained from the device: this app uses device location, the camera and identifying details provided by the operating system. The app also gathers and sends analytical usage information through cookies and other local storage devices.

• Data generated by using the app: this app generates information on usage which is required for its operation and customisation, as well as for analytics on usage and diagnosis.

• Data from Skitude: this app includes social, gamification and skiing features provided by Skitude. The use of Skitude features requires disclosure of the data required for operation and integration with the app.

• Data from other services: this app includes features provided by other companies, such as authentication services (i.e. Facebook authentication), interaction with social media and payment services. The use of these features requires disclosure of the data required for operation and integration with the app.

2.4. Why we process your data, and for how long

Data is used to provide you with our services for as long as the service lasts, and after that, during the liability periods.

To send you advertising, and other optional features, we will ask for your consent.

In accordance with our legal obligations, and for the legally established liability periods, we can keep and share your information with third parties, including legal, public or government agencies, private litigants, within or outside your country of residence, as well as to respond to court orders, warrants, subpoenas and other legal or regulatory processes.

2.5. Use of data

User, activity and usage information: linked to your registration, the app gathers basic information like your full name, email address, date of birth, gender and country. This information allows us to customise and secure the service.

Contact information. Contact information will be used to respond to your requests for technical assistance and comments.

Location information: We use precise geolocation services to provide further context to information. In this case, the app will clearly ask you if you want to share your location. Location is also used for the Skitude features included in the app.

Payment features. Whenever you make a payment (including Skitude paid services) through the app, providing information such as your card number or other payment details, we use secure payment services, and we do not store your card information.

Cookies, local storage and analytics: The app gathers and sends analytical usage information through cookies and other local storage devices. The analytics provider is Firebase Google Analytics / Crashlytics, a service which allows us to gather anonymous information to analyse app use and resolve technical issues, based on the Google Universal Analytics privacy policy: https://marketingplatform.google.com/about/analytics/terms/us.

App notifications: when you agree to allow the app to send your notifications, you agree to receive marketing information and Skitude information through them. If you do not agree, you can disable app notifications.

Advertising: we can include advertising in the app. We can also send you marketing information (email or app notifications). If you agree, we can customise information based on your profile, including your Skitude profile.

Skitude features: This app includes Skitude features. There is more information in the corresponding section.

3. Use of Skitude feature data

For Skitude features, the data controller is Skitude. You can find more information on the terms of use and data protection at https://www.skitude.com/terms-and-conditions. Below we provide information on the features included in this app.

Skitude account information: in relation to your registration for the Skitude service, the app gathers basic information like your full name, username, email address, password, date of birth, gender and country. This information allows us to customise and secure the service.

Contact information. Contact information will be used to respond to your requests for technical assistance and comments, as well as to help you recover access to Skitude if you forget your password.

Location information: Skitude asks to share location to provide contextual information, plus for the Skitude tracks function.

Skitude profile, activity and use. We gather information from the Skitude profile, activities and use when a track or photo is registered in Skitude (including the date, time and information on geographic location, as well as statistics), when you take part in a Skitude challenge, you view other people’s activities or you use Skitude services in any other way. We use your profile information and interactions to customise your experience, notifications and Skitude information.

Information and content shared in the Skitude service: The social and gamification aspect of the Skitude platform requires you to share specific profile information which will be visible to other platform users (including your name, avatar and tracks, ranking, etc.) and which can be viewed in general by all internet users, as well as search engines which could compile Skitude information. We recommend that you do not share information on the platform which is private, sensitive or which you do not wish to disclose. You can choose to have a private profile and activity, share it with all platform users, or make it public.

Surveys and Likes. Skitude can obtain more information about you from third parties, as well as when we gather your comments through surveys, or when other users ‘like’ your activity.

Third-party accounts: You can register and log in to Skitude using your Facebook and Google accounts. These platforms allow you to generate, send and store your own data and content through the app, subject to prior registration and acceptance of the terms of use of each platform.

Camera: Skitude can use your device’s camera to upload photos to your Skitude profile.

Advertising: Skitude features can include advertising. We can also send you marketing information (email or app notifications). We can customise information based on your Skitude profile.

4. Limitation of liability

4.1 Accuracy of geographic information: Geographic information is for guidance purposes only. Common sense should always be applied in situations of real risk. Similarly, for technical reasons, apps might not show updated information at any time. As a result, GRUP FGC will not be held liable regarding any of these circumstances.

4.2 Contents: FGC endeavours to avoid errors in the contents that are published in this mobile application, and reserves the right to modify the contents at any time. FGC is not responsible for the consequences that may arise from errors in the contents that may appear in this mobile application provided by third parties.

Any communication or transmission of content that infringes the property rights of third parties and contents that are threatening, obscene, defamatory, pornographic, xenophobic, which infringe human dignity or the rights of children, current laws or any conduct which encourages or constitutes a criminal offence are prohibited.

Furthermore, the inclusion and communication of content by users which is false or inaccurate and which may mislead other users or FGC personnel, in particular the contents that are protected by any intellectual or industrial property rights, is prohibited.

FGC may prohibit access to this mobile application by any user who performs any of the actions mentioned in previous non-limiting paragraphs.

FGC might include direct or indirect links to resources or websites outside this mobile application. The presence of these links is for information purposes, and does not constitute an invitation to take out the products or services offered on the destination website.

If there is any discrepancy between the administrative information provided through this mobile application and the source documents, the latter will prevail, with the printed version the only instrument that attests to its authenticity and content.

The modification of this mobile application is not permitted.

5. GPS navigation service with audio guide 

This app can include the GPS navigation service with audio guide for skiers, which is specifically designed to be used on the resort’s tracks in order to improve user experience and safety. 

This online service through the app is provided by Skitude based on the track maps provided by GRUP FGC. 

Although we endeavour to ensure that navigation features and data are correct, please remember that errors and inaccuracies are possible. Check navigation information against the resort’s signs, which will always take priority. 

By using this feature, you will not hold GRUP FGC or Skitude liable for any inaccurate or incorrect data.

6. Promotions or vouchers system

This app could include a promotions or vouchers service. Promotions and vouchers are managed and approved by GRUP FGC or Skitude. This service will be open in some cases, and require prior registration in other cases.

7. Correct use of the service

As a User, you are required to use our services correctly, diligently and lawfully, which means

• You will use the services for the reasons for which they were designed, and you will not use the Site and/or its content for any purpose contrary to the law, public order, morality or generally accepted standards of decency; this means you cannot host, store, disclose, publicise, distribute or share any material or information which is illegal, racist, obscene, pornographic, abusive, defamatory, misleading or fraudulent, or use the service to defame, intimidate, threaten or harass other users or infringe their image rights

• GRUP FGC will not be held liable for content or images posted by users, although if it identifies any content which is not suitable for publication, GRUP FGC reserves the right to delete it as soon as it comes to its attention

8. Open Source Libraries

This app uses the following open source libraries:

9. App sponsorship 

Please note that this app might be sponsored by one or several commercial brands. If not, GRUP FGC reserves the right to add sponsors without prejudice to either of the parties.

10. Amendment of the terms of use

GRUP FGC reserves the right to amend the ToU at any time, as well as the features offered through the app. GRUP FGC agrees to notify this change through the most suitable medium. 

11. Applicable legislation and jurisdiction

These Terms, as well as the relations between GRUP FGC and users, will be governed by the laws of Spain, without prejudice to any other mandatory regulation determined by another applicable law, and with regards to the level of protection established by mandatory provisions of the consumer’s country of residence. Both parties agree to refer to the non-exclusive jurisdiction of the courts of Spain. The courts with jurisdiction over the consumer’s address shall also apply.

Moreover, given that this app includes Skitude features, please note that relations between Skitude and users are governed by the following terms of use: https://www.skitude.com/terms-and-conditions. With regards to consumer rights, the courts with jurisdiction over the consumer’s address shall apply.

12. Applicable date

28/02/2021

Record of changes:

• More detailed data protection information