Rock Region METRO Connect App Privacy Policy and Terms of Use

Rock Region Metropolitan Transit Authority Privacy Policy and Terms of Use

This Privacy Policy and Terms of Use explains how Rock Region Metropolitan Transit Authority, (“Rock Region METRO”) may: collect, use, and disclose information we obtain through the “Service” and the terms to which users of the Service must agree. The terms “Rock Region METRO,” “we,” and “us” include the Rock Region Metropolitan Transit Authority, and its affiliates and subsidiaries.

The “Service” means any website, mobile application, or internet service under Rock Region METRO’s control, whether partial or otherwise, in connection with providing Rock Region METRO’s online platform that connects users with public transportation within Rock Region METRO’s transit area.

Each reservation a user makes with such vehicle sharing transportation on the Service is a “Reservation,” and each ride taken through a Reservation is a “Ride.” “Member” means any such individual who uses the Service to make Reservations and take Rides.

“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number.

Acceptance of Terms of Use

When you use Rock Region METRO’s Service, you must agree to be bound by its “Terms of Use” each time you access the Service. If you agree to these terms, you should click the “I Accept” button.

Personal Information Collection

You must register to make a Reservation through the Service. To register, you may need to provide Personal Information, such as your name, phone number, email address, and billing address.  You may also provide other optional information. We may retain your information for as long as your account is active and for up to six (6) years after you close your account or it becomes inactive. In certain circumstances, we may retain your information for longer periods of time in order to provide you with services, comply with our legal obligations, resolve disputes, and enforce our agreements.

Using the Service

We collect information you register to use the Service, post through/use the Service, such as when you make a Reservation, and when you communicate with us. The Service will collect personal information needed to make a Reservation. We will also store your transaction history.

International Users

By using the Service, you will transfer data to the United States.

Location and Other Information from Your Mobile Device

We collect and store your location information if you enable your mobile device to send it to us. We may also collect information that identifies the mobile device you are using. Collection of this information improves the provision of the Service. You may opt-out of location-based service at any time by editing the setting at the device level.

Cookies, Automatic Data Collection, and Related Technologies

The Service and our third-party partners, such as Via Mobility (“Via”), collect and store information that is generated automatically as you use it, including your preferences and anonymous usage statistics. When you visit the Service, we and our third-party service providers receive and record information our server logs from your browser, including your unique device ID, IP address, and from cookies and similar technology. We may use information collected through these technologies to remember information so that you will not have to reenter it on subsequent visits, to provide and monitor the effectiveness of the Service, to automatically update the Service on your mobile devices and for other purposes.  Most browsers allow you to block and delete cookies, though depending on your mobile device you may not be able to delete tracking technologies from your device. Deleting or blocking cookies and other tracking technology may cause the Service to not work properly.  Although we do our best to honor the privacy preferences of our members, we are not able to respond to Do Not Track signals from your browser at this time.

By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.

Internal and Service-Related Usage

We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve our services. We also anonymize and aggregate data, such as usage statistics, by using cookies, server logs, and similar technology collected through the Service and my use it for any lawful purpose.

Rock Region METRO May Disclose your Information

We may share your information to comply with legal obligations such as with insurance companies, government agencies, or law enforcement; to protect and defend our rights and property; with third-party service providers such as Via; and with your permission.

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

Communications
We may send email or text messages to the email address or phone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Open Resource/Parental Concerns

The Service is intended for use by persons eighteen (18) years of age or older, or with permission and supervision of a parent or guardian. The Service may only be used for lawful purposes, and Rock Region METRO takes no responsibility and does not accept liability for any of its Service user’s activities that violate the law (including copyright law). Thus, the Service is open, and Service users may be able to access Internet sites or other content that may be harmful, graphic, or offensive because the Service does not filter or block any sites. Adults are expected to regulate their own Internet usage, and Rock Region METRO is not responsible for policing the Internet or for an Internet user’s activity online. Network administrators maintain Rock Region METRO’s Service so that Rock Region METRO users may find all that is offered online in the way of business and research. Rock Region METRO upholds and affirms the right of adults to have access to constitutionally-protected materials and means of expression. You agree that the Rock Region METRO is not liable for any action or inaction with respect to any such content on the Internet accessible through the Service. Accepting the Terms of Use constitutes a representation that you are at least eighteen (18) years of age or older or otherwise have permission and supervision of a parent or guardian in the access and use of the Service.

Security Disclaimer

The Service is a free, open, public-access resource. Like most public Services accessible through free Wi-Fi networks, the Service is not secured, and communications through the Service may be subject to interception by unauthorized third parties. Although Rock Region METRO uses reasonable efforts to provide you with a reliable service, your use of Service is AS IS and AS AVAILABLE, and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of the Service.

Prohibited Uses

Service users may not use the Service for the commission of harmful or illegal activities, including, but not limited to, the following:

• Hacking into any system;
• Introducing any virus, worm, spyware, Trojan horse or other program or code into any computer, computer system, software or disks;
• Modifying, adapting, translating, or reverse engineering any portion of the Rock Region METRO Service;
• Attempting to break security, access, tamper with or use any unauthorized areas of the Rock Region METRO Service, which includes accessing non-public portions of the Rock Region METRO Service, such as usernames, passwords, and/or email addresses of other users;
• Any activities intended to aid any crime, including identity theft or credit card theft, and including the exploitation of minors, or child pornography;
• Violating any applicable laws including, but not limited to federal copyright laws by making unauthorized copies of copyrighted or licensed software, data, entertainment files, text or publications;
• Downloading, uploading, accessing, streaming, posting, emailing, transmitting or otherwise making available any materials that infringe any patent, trademark, trade secret;
• The transfer of technology, software, or other materials in violation of applicable export laws and regulations including, but not limited to the U.S. Export Administration Regulations and Executive Orders;
• Participating in or committing telecommunications fraud;
• Any activities which will damage, disable, vandalize, or otherwise harm computer equipment or software; and
• Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including but not limited to port scans, stealth scans or other information gathering activity.

Privacy

By using the Rock Region METRO Service, you understand and agree that Rock Region METRO may access, preserve, and disclose your personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Rock Region METRO or the public. Information provided will be added to our database for notification of service-related issues or updates. No Service provider can offer absolute privacy while using a Service that is accessible on the Internet, and transactions may be monitored for your protection against illegal or fraudulent acts. Accordingly, you have no expectation of privacy in the use of the Rock Region METRO Service. We have the right to monitor, intercept, and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property).

Using the Rock Region METRO Service

You are responsible for implementing your own security protections while using the Service suited for your intended use. For example, you shall take full responsibility for taking adequate measures for safeguarding your data from loss. Also, in the event you become aware of any unauthorized use of the Service or any other breach, you agree to immediately notify us.

Other than the technology provided by Rock Region METRO, you must provide all equipment, technology and software to use the Rock Region METRO Free Service. Specifically, in order to use the Service, you must have a WiFi-capable device that: (a) meets U.S. and other applicable technical standards; (b) is compatible with the Service; (c) runs the IP protocol; and  (d) is configured to obtain web addresses automatically. The WiFi device must be in close enough proximity to wireless access points to achieve connectivity with the Service through the Internet. It is understood that the Service is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by: (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your WiFi devices and wireless cards (including, but not limited to memory, storage and other limitations; (d) physical obstructions and distances between your WiFi device and any wireless access points; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error.

The Service may also be interrupted, refused, limited, or curtailed for these reasons. Rock Region METRO is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Actual network speed and other performance will vary. In order to maintain acceptable levels of service for all Service users and to improve this service, we reserve the right to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Service users.

Service may be suspended or terminated for any reason. There is no right created to use Rock Region METRO Service.

Disclaimers

THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND USER’S USE THEREOF IS AT ITS OWN RISK. ROCK REGION METRO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ROCK REGION METRO DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Rock Region Metro expressly disclaims any responsibility or liability for your use of the SERVICE and for any lack of security that may result from your use of the SERVICE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER ROCK REGION METRO OR ITS EMPLOYEES, AGENTS, AND SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN NO EVENT SHALL ROCK REGION METRO’S OR ITS SUPPLIERS’ CUMULATIVE LIABILITY EXCEED THE FEES PAID BY USER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF ROCK REGION METRO IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

In addition, Rock Region METRO and its suppliers will not be responsible for any damages, losses, expenses, or costs that a user suffers AS A RESULT OF: (i) any interruption or failure of the Services OR Products; (ii) the downloading or use of any information, data, or materials obtained via the Service OR FROM THE Internet; (iii) any failure to complete a transaction on the Internet OR USING THE SERVICE or ANY loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions; (iv) ANYTHING BEYOND THE REASONABLE CONTROL OF ROCK REGION METRO, INCLUDING BUT NOT LIMITED TO any interruption or failure of a third party’s services, software, equipment, or network; (v) any unauthorized use or modification of Services or Products or combination of Services or Products with other services, products, or equipment; (VI) viruses, worms, Trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to user’s data, website, computers, or networks.

Indemnity

You agree to hold harmless and indemnify Rock Region METRO, its employees, agents, suppliers and licensors from your use of the Service or the Internet or from and against any third-party claim arising from or in any way related to your use of the Rock Region METRO Service, including any liability or expense arising from all claims, suits, judgments, litigation costs, attorneys’ fees, losses, and damages arising, either directly or indirectly, from your use of the Service or the Internet, specifically including any direct, indirect, actual, incidental, consequential, exemplary, special, or punitive damages. You agree to hold Rock Region METRO, its employees, agents, suppliers, and licensors harmless for the loss of any file, data ,or other information while using the Service, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information.

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on or through the Rock Region METRO Service, file a notice. To file a copyright notice with us, please send a written communication by fax or regular mail. Provide information reasonably sufficient to permit Rock Region METRO to contact you (email address is preferred).

Miscellaneous Provisions

This Rock Region METRO Privacy Policy and Terms of Use will be governed by and construed in accordance with the laws of the State of Arkansas. If for any reason a court of competent jurisdiction finds any provision or portion of the Rock Region METRO Privacy Policy and Terms of Use to be unenforceable, the remainder of the Rock Region METRO Privacy Policy and Terms of Use will continue in full force and effect. This Rock Region METRO Privacy Policy and Terms of Use constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding the Rock Region METRO Service. Any waiver of any provision of the Rock Region METRO Privacy Policy and Terms of Use will be effective only if in writing and signed by Rock Region METRO.

Changes in the Rock Region METRO Privacy Policy and Terms of Use; Termination

You agree that Rock Region METRO may for any reason and without notice to you, modify or terminate the Service or this Privacy Policy and Terms of Use without liability to you, any user, or any third party. We urge you to review this Privacy Policy and Terms of Use each time you use the Rock Region METRO Service so that you will be aware of any of these modifications. Upon any such termination, any and all rights granted by Rock Region METRO to you terminate immediately.