Via Mobility LLC has developed a mobile software application known as MyRideNBT (hereinafter, “the MyRideNBT App”) for The Corporation of the City of North Bay (hereinafter, “the City”), which collects data from your electronic device in order to provide you with pertinent transportation information for North Bay Transit services.
The City may share your personal information with its current and future third party service providers that assist the City in providing, improving, and marketing the MyRideNBT App. For example, the City may use third party service providers to develop, host and maintain the MyRideNBT App, provide analytics, and assist in protecting and securing the systems and the service.
The City collects and processes information from your electronic device in several ways, including the following:
The City may use information collected from or provided by you, for the following purposes:
The following are some examples of your options with regard to the collection, use and disclosure of your information:
The City does not disclose your information to third parties without your explicit consent except in the following circumstances.
The City may disclose your information without consent in the good faith belief that such action is necessary:
The City may also disclose anonymous and aggregate information to certain third parties for research, product development or other business purposes.
While using the MyRideNBT App, the City may be using third party software and/or services for various needs, such as to collect or process the information detailed herein. Note that these are independent software and/or service providers and the City shall not be liable for the information collection policies of these providers, nor for any manner of issue, legal or otherwise, relating thereto.
The City is committed to securing your information and we take reasonable physical, organizational and technical measures to protect your information against unauthorized access, use, disclosure, modification or destruction. These safeguards include, but are not limited to:
Although we take great efforts to protect your information, no security system can prevent all potential security breaches nor be immune from any wrongdoings or malfunctions, and therefore we cannot guarantee the absolute security of your information.
The City will retain your information as long as you use the MyRideNBT App and thereafter in accordance with the City’s record retention schedule.
The City stores your information on servers located in the United States of America. If you would like to access or remove any information that the City has collected through your use of the MyRideNBT App, that is stored on our servers, please contact firstname.lastname@example.org. Upon receipt of such a request, reasonable efforts will be made to provide you with, or to delete, such information.
The City does not knowingly collect, use or disclose information from children under the age of 13. If the City learns that we have collected information of a child under 13 without first receiving parental consent, we will take steps to delete such information within a reasonable time. If you have reason to believe that a child under the age of 13 has provided information to us, please contact us and we will take steps to delete such information within a reasonable time.
The MyRideNBT App does not respond to Web brower “Do Not Track” (DNT) signals or other similar mechanisms. Third parties do not collect information about your online activities over time and across different Web sites when using the MyRideNBT App.
If you are in one of the EU/EEA countries, you are entitled to certain rights under the General Data Protection Regulation (GDPR). By using MyRideNBT or communicating with us, you consent to the purposes for which we process your personal data. We may process your personal data if we have other lawful grounds to do so. You have a right to:
The personal data we collect is not used for automated decision making and profiling, except for automated processes in the context of marketing. As stated above, you can opt-out of our direct marketing under certain conditions. To learn more about your rights under the GDPR you can visit the European Commission’s page on Protection of Personal Data.
Personal information related to the use of the MyRideNBT App is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act, RSO 1990, c M.56, and will be used for the purposes of providing web-based services. Questions about this collection or personal information should be directed to the City Clerk, 200 McIntyre Street East, North Bay, ON P1B 8V6.
Policy last updated on Thursday, December 31, 2020.
Please read carefully, as this document includes limitations of liability as well as disclaimers of warranties, and other terms which affect your legal rights. If you do not agree with these Terms, or if you lack the capacity or authority to agree to these Terms, do not install or use the MyRideNBT App or access the Services.
The City may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made at any time and from time to time, in the City’s discretion.
The City will provide you with notice of any proposed amendment by posting an amended version of the Terms with a new version number. The City will include a link to the previous version of the Terms beneath the new version number. The amendment will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply.
If you disagree with any amendments, you may terminate the Terms by uninstalling the MyRideNBT App and ceasing to use the Services at any time within the 30-day notice period. If the amendment increases your obligations under the Terms or decreases the City’s obligations under the Terms, you may also cancel within the 30 days after the amendments take effect. There will be no cost or penalty for doing so. If you do not uninstall the MyRideNBT App and cease using the Services during that time, then by your continued use you are deemed to have accepted the proposed amendments.
To get the most out the MyRideNBT App, it is important to understand the City’s role in providing the Services. The MyRideNBT App and the Services contain material that the City produces and owns in order to make mobility services in your city easy to use. This material includes, but is not limited to software, text, graphics and images. However, the City does not produce any of the primary information you see in the MyRideNBT App. The primary information is provided to the City by third parties, and includes the locations of public transit and the map itself. While third parties are the primary provider of predictions regarding arrival and departure times, the City is an information organizer and aggregator, and the City may develop additional information based on the above-referenced location, for example by modifying expected arrival times. Such times are only estimates. The actual timings are based on a number of factors including but not limited to traffic, detours, and efficiency of passenger boarding, which are beyond the City’s control. Both the City and the primary information providers work to ensure that the information is correct and up-to-date. However, the City cannot reasonably verify all of this information, and in particular cannot reasonably verify all of the information in real-time. This means that if the information provided to the City by third parties is inaccurate or incomplete, your ability to effectively use the MyRideNBT App or the Services may be compromised through no fault of The Corporation of the City of North Bay, and in those cases any legal responsibility for any loss or damage or problem of any nature which might occur lies with the third party information provider rather than, and to the exclusion of, The Corporation of the City of North Bay.
In order to access some of the Services, you may be required to create a MyRideNBT account. If you do so, you are responsible for maintaining the confidentiality of your own MyRideNBT account. You further agree to accept all responsibility for actions and activities that occur using that account.
In all cases, the City’s ability to deliver all the functionalities of the Services requires a stable data connection and access to locational services like GPS. If the ability of your electronic device to access data via wireless networks or the Internet is compromised, the Services may be delivered incompletely, slowly, inaccurately, or not at all. These connectivity problems can arise from many sources, ranging from physical interference to power outages to errors by telecommunication providers. Therefore, your ability to effectively use the MyRideNBT App or the Services may be compromised through no fault of The Corporation of the City of North Bay, and the City shall not be responsible or liable for any loss or damage or problem of any nature which might occur.
The functionality of the Services also depends on your electronic device. If your device is damaged, not compatible with the MyRideNBT App (including any updates to the MyRideNBT App), or if you have turned off permissions on which the MyRideNBT App relies to deliver all the functionality of the Services (for example, location sharing), then your ability to effectively use the MyRideNBT App or the Services may be compromised through no fault of The Corporation of the City of North Bay, and the City shall not be responsible or liable for any loss or damage or problem of any nature which might occur.
From time to time, the City may need to make the MyRideNBT App or the Services unavailable in order to fix software errors or defects, perform maintenance, install software updates, or similar tasks that improve the overall level of service that the City delivers. The City makes every effort to do so during times that have the least impact, but shall not be responsible or liable for any loss or damage or problem of any nature that may occur because of the unavailability of the MyRideNBT App or the Services for such reasons.
Finally, the City’s ability to effectively deliver the Services via the MyRideNBT App depends on you having access to the latest version of the MyRideNBT App. If you delay or refuse updates to the MyRideNBT App, this may compromise or completely prevent the City from delivering the Services. The City shall not be responsible or liable for any loss or damage or problem of any nature which might occur as a result thereof.
(a) Limited Use Right:
The City does not sell the MyRideNBT App or any of the intellectual property contained in the MyRideNBT App. Therefore, you acknowledge that you are not purchasing the MyRideNBT App or intellectual property contained in it. Rather, you will be licenced to download a single copy of the App onto each one of your devices.
Subject to your compliance with these Terms, and for as long as the City makes the Services available through the MyRideNBT App, you are hereby granted a limited, revocable, non-exclusive, non-transferrable right to use the Services via the MyRideNBT App. For greater certainty, this does not include any right to directly access the software, databases, algorithms or data which power the Services and the MyRideNBT App, nor any right to obtain a copy of the source code or architecture thereof.
The City’s role is to make the MyRideNBT App and the Services available. As set out in the clause 2 of these Terms, the City cannot control and shall not be liable or responsible for any other issues.
Your use right under these Terms is a personal, non-commercial right. It does not extend to others, nor commercial activities, nor is it an enterprise-wide right.
(b) Prohibited Uses and Activities:
When installing the MyRideNBT App and using the Services, you shall comply with all applicable laws and regulations and, without limiting the generality of the foregoing, this includes Canada’s Anti-Spam Legislation, SC 2010, c 23 (“CASL”). When installing the MyRideNBT App and using the Services, you shall not:
Not applicable to Quebec consumers
The City hereby excludes all conditions and warranties regarding the MyRideNBT App and the Services, whether express or implied, including any condition or warranty of merchantability or fitness for a particular purpose.
In particular, and without limiting the generality of the foregoing, the City does not guarantee any particular level of up-time or availability of the Services. The Services may become unavailable for many reasons, including scheduled and unscheduled maintenance by the City.
Not applicable to Quebec consumers
With the exception of intentional wrongdoing or gross negligence, the City shall not be liable for any loss or damages caused by or related to the MyRideNBT App, the Services, the City’s actions or inactions, or these Terms, including a breach of these Terms. This limitation of liability shall apply to all loss or damages however caused, whether in contract, tort (including negligence), property, privacy, statute, or otherwise.
In particular, and without limiting the generality of the foregoing, the City shall not be liable for any loss of data, loss of revenue, loss of profits, loss of business opportunities, lost time, or legal fees or litigation expenses.
(a) Termination Without Cause: The City may terminate these Terms without cause and without prior notice if the City chooses to discontinue the MyRideNBT App, the Services or both. You may terminate these Terms without cause at any time by uninstalling the MyRideNBT App and ceasing to use the Services.
(b) Survival Clauses: Clauses 1, 2, 4, 5, 6 and 7 shall survive the termination of these Terms regardless of reason and shall continue to bind both you and the City.
(a) Governing Law and Jurisdiction: (Not applicable to Quebec consumers) These Terms are governed exclusively by the provincial laws of Ontario and the federal laws of Canada applicable therein. The International Sales Conventions Act, RSO 1990, c I.10 does not apply to these Terms. Any litigation arising from or related to these Terms or the MyRideNBT App or the Services shall be submitted to the exclusive jurisdiction of the courts of Ontario.
(b) Jury Trial Waiver: All disputes arising from or relating to these Terms or the MyRideNBT App shall be determined by a judge-alone trial. You hereby irrevocable waive any right to a trial by jury which might exist in any forum.
(c) Assignment: You shall not assign any of your rights arising under these Terms without the express written consent of the City.
(d) Status of the Parties: These Terms do not create any relationship of employment, partnership, agency, trust, franchise or joint venture, nor do they create any fiduciary duties.
(e) Amendments: These Terms may only be amended or suspended by following the procedure set out in clause 1 above. No other amendment or suspension is valid, nor can any purported waiver be set up against the City unless the waiver follows the procedure for an amendment set out in clause 1.
(f) Entire Agreement: These Terms, as amended from time to time by the City, constitute the entire agreement between you and the City regarding the MyRideNBT App and the Services. These Terms and any amendments thereto replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the App or the Services.
(g) Language: You and the City have agreed that these Terms and all related documents be drawn up in the English language. Les parties ont accepté que ces termes et tous les documents associés seront créés en langue anglaise.
(i) General Inquiries: General inquiries about the MyRideNBT App may be sent to the following address: Via Mobility LLC, 95 Morton Street, 3rd Floor, New York, New York, USA 10014; or by email to email@example.com.
VERSION 1.0 POSTED AND EFFECTIVE AS OF THURSDAY, DECEMBER 31, 2020