Whatcom Transportation Authority (“WTA”) has adopted this Privacy Policy (“Policy”) in order to explain to users of an online social engagement platform (Platform”) about the type of information that may be collected, and how this information will be handled by WTA.The Platform is owned and operated by WTA using software licensed from Social Pinpoint, Inc.For details of how Social Pinpoint, Inc. may access personal information, please refer to its Privacy Policy.

WTA is committed to protecting online users’ privacy. WTA believes that protection of personal privacy on the Internet is its responsibility – to assure user confidence, increase participation in online activities, and support effective delivery of services. WTA intends to give you as much control as possible over your personal information.The purpose of this Policy is to inform you about the types of information WTA may gather when you visit its site, how it may use that information, whether it will disclose it to anyone, and the choices you have regarding WTA’s use of, and your ability to correct, your information.

If you send us an electronic mail message with a question or comment that contains personal identification information or fill out an online engagement form, WTA will only use the personally identifiable information to respond to your request and analyze trends.WTA may redirect your message to another government agency who is in a better position to answer your question.

1. THE TYPES OF PERSONAL INFORMATION THAT MAY BE COLLECTED AND HOW THIS INFORMATION IS COLLECTED

A. Information Gathered From Any Visitor to the Site

When a user visits the Platform, WTA may collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device.Additionally, as you browse the Platform, WTA may collect information about the individual pages that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.WTA refers to this automatically-collected information as “Device Information” and use Google Analytics to compile and organize this information into reports.

WTA may collect Device Information using a variety of technologies, including the following:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

B. Potentially Personal Information

It is possible that some or all use of the Platform will be restricted to users who create an account, which may be based upon your email address and a chosen password.This information may constitute “Personal Information.”

2. USE OF PERSONAL INFORMATION

WTA may use any Personal Information to - allow you and other users to access the Platform; communicate with you; internal record keeping; detect and rectify fraud or other behavior that violates any terms of use, comply with WTA contractual or legal obligations and resolve any disputes that WTA may have, conduct de-identified research, analytics and business development; improve WTA’s Services, Software and the Platform; and as otherwise required or authorized by law.

3. HOW AND WITH WHOM WTA MAY SHARE YOUR PERSONAL INFORMATION

WTA may share Device Information with Google Analytics whose privacy policy is available at: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

WTA may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect WTA’s rights.

4. WASHINGTON’S PUBLIC RECORDS ACT

WTA is a public municipality, and is therefore subject to the requirements of the Washington State Public Records Act, RCW Chapter 42.56 (“Act”).Information provided on the Platform is subject to disclosure under the Act, subject to exceptions that protect Personal Information.

5. HOW TO CONTACT WTA

For more information about WTA’s privacy practices, if you have questions, or if you would like to make a complaint, or find out about how your personal information is being handled with third parties, or to change any of your personal information, please contact customerservice@ridewta.com.

Please read these Terms of Use (Terms) carefully before using this WTA online social engagement platform (“Platform”). The content of the Platform is owned by WTA and operated by an independent contractor, and is used for WTA to provide information and to allow for interaction between the public and WTA. By accessing or using the Platform, you agree that you have read and understood, and, as a condition to your use of the Platform, you agree to be bound by agreement with WTA to follow and be subject to these Terms, including WTA’s Privacy Policy, all applicable laws in connection with WTA’s copyright, trademark and other intellectual property rights.

If you do not agree, you should not access or use this Platform.

Use of Information

WTA reserves the right, and you authorize WTA to use and/or assign any information you may provide when using the Platform consistent with WTA’s Privacy Policy, and the Washington Public Records Act, RCW Chapter 42.56 (“PRA”). All remarks, suggestions, ideas, graphics, photographs, or other information communicated by You to WTA through the Platform (collectively, the "Submission") will forever be the property of WTA. WTA will not be required to treat any Submission as confidential, subject to the potential exclusion of disclosure as part of any record under the PRA. With regard to any information you provide to WTA, you agree and consent to WTA using, transferring to any WTA department or third party, and retaining such information as needed in conducting WTA’s official business. Any information you provide to WTA may be subject to public disclosure in accordance with the PRA or other local state or federal laws, rules and/or regulations.

Changes

WTA, in its sole discretion, may modify these Terms, or add or remove to the Terms at any time and such modifications, additions or deletions will be effective immediately upon posting. WTA may change or discontinue any aspect, feature or service of the Platform at any time, temporarily or permanently, with or without notice.

Restrictions on Use

The content of the Platform is protected to the greatest extent allowed under copyright law. You may not publish, display, distribute or commercially exploit any of the content or material from any Platform without the prior written permission of WTA.

The Platform is the exclusive property of WTA or its independent contractor, and shall not be subject to use or association by any user.

Indemnification by User

You will defend, hold harmless and indemnify WTA against any claim, demand, suit, judgment or proceeding made or brought against WTA by a third party arising from any comments, information or data you place into the Platform, or your use of any service or content in breach of these Terms, or any claim of infringement or misappropriation of a third party’s intellectual property rights or any other violation of any law or defamation (a “Claim Against WTA”).Such shall include the obligation to indemnify WTA from any damages, attorneys’ fees and costs incurred by WTA as a result of, or for any amounts paid by WTA under a settlement of or judgment in, a Claim Against WTA.

Disclaimer of Warranty; Limitation of Liability

Situations may occur that disrupt service or cause inaccurate information to be posted on the Platform. The material presented on the Platform is not guaranteed as to accuracy, completeness, reliability, usefulness, or timeliness. Access to the Platform depends on a number of items, including Internet availability, communications networks, and computer equipment which are beyond the control of WTA and difficult to predict. The information on the Platform is not intended to constitute advice nor is it to be used as a substitute for specific advice from a professional. You should not act (or refrain from acting) based upon the information on the Platform without independently verifying the information and, as necessary, obtaining professional advice regarding your particular facts and circumstances. Those relying on information presented on the Platform do so at his/her own risk. All users assume the risk that the information provided may be incorrect, as well as the risk that any information or material downloaded may cause loss of data or damage to a user’s computer, cell phone, tablets or other device.Neither WTA, nor any of its officials, employees or agents shall be liable for either the accuracy of any information on a Platform or any actions taken based on the information. WTA does not represent that the use of any information will not infringe privately owned rights.

All information on the Platform is provided "as is", “with all faults” and “as available” without warranty of any kind, either express or implied. WTA assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to any Platform. To the fullest extent permissible under applicable law, under no circumstances, including, but not limited to, negligence, shall WTA, its officials and employees, or any contributor to any Platform be liable for any direct or indirect damages, even if both parties are aware of the possibility of such damages, including without limitation loss of profits or for any other incidental, special, consequential or exemplary damages, however caused, whether based upon contract, negligence, strict liability in tort, warranty, or any other legal theory, arising out of or related to your use of, or the inability to use, any Platform or its content. WTA is not responsible for or liable for any damage, including damage caused by viruses, to a user’s computer, computer system, cell phone, tablets, other device or other property, during or on account of access or use of any Platform or any linked website. We welcome feedback on any Platform at ridewta.com, but provide no guarantee that feedback will result in site changes. If you are dissatisfied in any way with any of these terms of use, your sole and exclusive remedy is to discontinue use of the Platform.

Links to Other Sites and/or Materials

WTA may provide links to Internet sites and data maintained by third parties. These links are provided as a courtesy and convenience only. WTA does not operate or control any referenced or linked third party sites, and is not responsible for any content, availability or accuracy. Moreover, in no way should a link or reference to and external source be considered any form of endorsement by WTA. If you leave WTA’s Apps for a third-party website or App, you do so at your own risk.

Privacy Policy

WTA, as a government entity, conducts public business and records related to the business of WTA are generally available for public review pursuant to the PRA.

In general, information collected from any user of a Platform will be used for the purpose for which it is provided. However, by accessing and using the Platform, a user agrees to the following conditions:

• Conducting customer satisfaction surveys: To gauge user satisfaction and improve the Platform, WTA may from time to time use information provided by a user to conduct brief customer satisfaction surveys.
• Service analytics: WTA may use de-identified information (information provided by a user with all personally identifying information removed) to analyze various aspects related to the Platform, including but not limited to, website performance statistics and customer service statistics.
• Contact Us: WTA may use Contact Us Forms located throughout Platform to allow users to contact WTA directly with any questions, comments, or requests. This information may be used to respond to questions, comments, and requests.
• Email Registration: Users may have the opportunity to subscribe to receive regular emails from WTA. When signing up for email a user may be asked to provide certain details, such as email address, name, country, and preferences. The information provided will be used to deliver emails. A user must unsubscribe if he/she no longer wishes to be a part of that email list.
• Mobile Apps. WTA may offer apps for mobile devices, including for phones and tablets. Full access to all the features within these applications and the Platform may require the creation of an account. Mobile apps may track information about what features of the app are used and usage patterns.

Platform Interactive Use Restrictions

The Platform may contain comments sections, discussion forums or other interactive features in which a user may participate. By engaging in such participation, a user agrees that he/she will not:

• Post any information that is illegal, harmful, abusive, defamatory, harassing, threatening, obscene, libelous, or racially, sexually, religiously otherwise objectionable and offensive or violates the legal rights of others;
• Misrepresent one's person, background, or character;
• Sell, advertise, or exchange any goods or services unless expressly allowed;
• Post any material that violates the intellectual property or proprietary rights of a third party;
• Interfere with any other person’s right to privacy, including posting private, personal information about a third party without consent;
• Post any content that is off topic;
• Post content that violates any law, whether or not the violation is intentional.

Also, a user agrees to use any of WTA forums at his/her own risk.

Communications and/ or postings on any Platform may be moderated. Comments, posts, and communications that violate the above will be removed, and offending individuals may be denied future access.

Cookies

WTA websites use cookies to track information, including, but not limited to, information about pages viewed, frequency of visit, country of visit, and the user navigation around WTA websites. Most browsers allow a user to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.

• WTA may use cookies when a user signs into an account. As long as a user stays signed into his/her account, this cookie will remain on the user’s device, and removed upon signing out of an account.
• WTA may use cookies to track anonymous statistical information about use of its web site(s). This helps WTA know which areas of the site are most effective, the areas that may need improvement, and use this information to help inform how WTA can better serve users. WTA uses third parties to set these cookies. WTA does not use these cookies for any purpose other than stated.

Miscellaneous

These Terms and associated Privacy Policy constitute the entire agreement between a user of a Platform and WTA with respect to the subject matter hereof and supersedes all previous written or oral agreements, if any. These terms of use shall be construed in accordance with the laws of the State of Washington as well as with all federal law and regulations, without regard to its conflict of laws provisions. A user consents to the exclusive jurisdiction of the state of Washington Superior Court in Whatcom County, Washington for any disputes arising out of or related to these Terms and/or use of any Platform. The invalidity of any term or provision of these Terms will not affect the validity of any other term or provision. Waiver by WTA of strict performances of any provision of these Terms will not be a waiver of or prejudice WTA's right to require strict performance of the same provision in the future or of any other provision of these Terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Comments or questions about any Platform or the Terms should be directed to procurement@ridewta.com