FTB Open Data Portal Terms of Use

POLICY STATEMENT

In order to ensure a more transparent, effective and accountable government, the Franchise Tax Board (FTB) shall make information available online using open data standards while complying with applicable laws and adhering to FTB policies and procedures.

This Open Data Policy is intended to improve the internal management of information controlled by the FTB and it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by a party against the FTB, its officers, employees, or agents.

Nothing in this Data Policy alters, or impedes the ability to carry out, the authority of the FTB to perform its responsibilities under the law, nor does this Data Policy limit the protection afforded any information by other provisions of law.

I. INTRODUCTION

As a convenience to potential users, the Franchise Tax Board (FTB) makes a variety of datasets (Data) available for download through this website. Your use of the Data is subject to these terms of use, which constitute a legal agreement between You and the FTB. This legal agreement is referred to as the Terms of Use.

II. ACCEPTING THE TERMS OF USE

A. Means of Acceptance. In order to use any of the Data, You must agree to these Terms of Use. You agree to the Terms of Use by downloading or using any of the Data or any Derivative Work, in which case you understand and agree that the FTB will treat your download or use of the Data or a Derivative Work as an acceptance of the Terms of Use from that point forward.

B. Authority to Accept. You represent that you have full capacity and authority to accept these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or other such entity to the Terms of Use.

III. DEFINITIONS

Data means any of the data that is available for download through www.data.ftb.ca.gov and includes any updates to that data.

Data also means final versions of statistical or factual information that:

  • is in alphanumeric form reflected in a list, table, graph, chart or other non-narrative form, that can be digitally transmitted or processed; and
  • is regularly created or maintained by or on behalf of the FTB and is controlled by the FTB; and
  • records a measurement, transaction or determination related to the mission of the FTB.

The term data shall not include image files, such as designs, drawings, photos or scanned copies of original documents; provided, however, that the term data shall include statistical or factual information about image files and geographic information system (GIS) data.

Data Sets are named collections of related records, with the collection containing data organized or formatted in a specific or prescribed way, often in tabular form, and accessed by a specific method that is based on the data set organization.

Derivative Work means a work that is based in any way or to any extent on the Data, including without limitation, any work that uses any of the Data in a modified form.

OPEN FTB is the Internet site established and maintained by or on behalf of the FTB, located at www.data.ftb.ca.gov or its successor website.

Protected data is data or a data set, or portion thereof, that is confidential, privileged, or otherwise exempt from disclosure pursuant to the California Public Records Act or any other law, rule or regulation.

Public data is any data, or data set accessible via www.data.ftb.ca.gov.

User means the individual who accesses and/or uses the Data, including the Derivative Work from www.data.ftb.ca.gov.

You or Your refers to any individual or entity that seeks to use the Data.

IV. PUBLIC INFORMATION

All datasets/data accessed through OPEN FTB are confined to public information and must not contain any protected or confidential data. The datasets/data exclude confidential taxpayer/fee payer information and confidential information received from other governmental agencies. The FTB will only disclose data that is public information in compliance with applicable laws that prohibit the disclosure of this information to the public.

V. FTB'S INTELLECTUAL PROPERTY RIGHTS NOT AFFECTED

If the FTB claims or seeks to protect any patent, copyright, or other intellectual property rights in any Data, the website will so indicate in the file containing such Data or on the page from which such Data is accessed. These Terms of Use do not grant You any title or right to any patent, copyright, or other such intellectual property rights that the FTB or others may have in the Data.

VI. GENERAL DISCLAIMER

Public data presented on this website is collected, maintained, and provided for the convenience of the reader. While every reasonable effort is made to keep such information accurate and up-to-date, the Franchise Tax Board does not certify the accuracy of information that originates from third parties.

Under no circumstances shall the Franchise Tax Board be liable for any actions or omissions based on reliance on any information contained herein from whatever source, nor shall the Franchise Tax Board be liable for any other consequences from any such reliance.

VII. LIMITATION OF LIABILITY

The Franchise Tax Board attempts to maintain the highest accuracy of content on its open data portal. Any errors and omissions should be reported for investigation at the Contact Us link.

The Franchise Tax Board makes no claims, promises or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this portal and expressly disclaims liability for errors and omissions in the contents of this portal. No warranty of any kind, implied, expressed or statutory, including, but not limited to, the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given for the contents of this portal or its hyperlinks to other Internet resources. Reference in this portal to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute an endorsement, recommendation, approval, support or preference for any of the foregoing by the Franchise Tax Board, or its employees or agents.

VIII. INDEMNITY

To the fullest extent permitted by law, You shall indemnify and hold harmless the FTB, its officers, and employees from and against any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney's fees and costs of investigation), that may arise directly or indirectly, in whole or in part, from Your download of and use of the Data, including without limitation, Your use of the Data in a Derivative Work. In addition to Your obligation to indemnify the FTB, You specifically acknowledge and agree that You have an immediate and independent obligation to defend the FTB from any and all claim(s) which actually or potentially fall within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to You by the FTB and continues at all times thereafter.

IX. GENERAL PROVISIONS

These Terms of Use shall be governed by and interpreted under the laws of the State of California without regard to conflicts of law provisions. Any dispute arising out of these Terms of Use shall be subject to the exclusive venue of the state and federal courts within the Northern District of California, and You and the FTB hereby consent to the venue and jurisdiction of such courts.

No modification to these Terms of Use, nor any waiver of any rights, shall be effective except by an instrument in writing signed by You and the FTB, and the waiver of any breach or default shall not constitute a waiver of any other right hereunder or any subsequent breach or default.

These Terms of Use contain the entire agreement and understanding between You and the FTB with respect to the subject matter hereof; which completely replaces and supersedes any and all prior agreements, understanding and representations. In no event will any additional terms or conditions be effective unless posted by the FTB in www.data.ftb.ca.gov.

If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect. The FTB may modify these Terms of Use by posting notice of such modifications on this page. Any modification is effective upon posting, unless otherwise indicated. You agree that there is no waiver of the FTB's rights and remedies if the FTB does not exercise or enforce any legal right or remedy contained in these Terms of Use or under any applicable law(s). Any waiver of any provision of these Terms of Use will be effective only if the FTB expressly states in a signed writing that it is waiving a specified provision.

X. RIGHT TO DISCONTINUE FEEDS

The FTB reserves the right to discontinue providing any or all of the data feeds at any time and to require the termination of any and all displaying, distributing or otherwise using any or all of the data for any reason including, without limitation, your violation of any provision of these Terms of Use.

XI. SOCRATA COLLECTION/USE OF PERSONAL INFORMATION FOR MANAGEMENT/SERVICE

Socrata, a private internet service provider, hosts and maintains the FTB Open Data Portal. Clicking on the Socrata’s link and/or logging into your account means that you entering Socrata’s website. Please note that Socrata may collect and use personal information from users in order to manage and provide service for the FTB Open Data Portal. For explanation of what information Socrata collects and uses, please see Socrata’s Privacy Policy at http://www.socrata.com/privacy/.