Metrolinx Website Terms and Conditions of Use and Privacy Policy

Welcome to the website for Smart Commute, a program of the  provincial agency known as Metrolinx (“Metrolinx”). This page states the terms and conditions which apply to your use of this Website, any consultation portal or related website as established by Metrolinx from time to time, and the website of any subsidiary or wholly owned entity of Metrolinx, including but not limited to the “Smart Commute” website (collectively referred to herein as the “Website”). Please read this page carefully. These terms and conditions constitute the sole and entire agreement between you and Metrolinx and governs your use of the Website. By using this Website you signify your acceptance of these terms and conditions. If you do not agree to the terms and conditions stated here, do not use the Website.

Metrolinx may change, modify, add or remove portions of the Website and/or these terms and conditions at any time in its sole discretion and without notice. Please refer to this page periodically to review the terms and conditions as such may be amended from title to time. Your continued use of the Website following the posting of any revised terms and conditions will mean that you accept any such revisions.

Use of Website

The material and information, including without limitation, text, data, images, illustrations, logos, audio clips, video clips, surveys and special promotions, (collectively the “Content”) made available by Metrolinx through the Website is for information purposes only and has been provided as a public service. Although every attempt hasbeen made to ensure its accuracy, the Website may contain incomplete information, inaccuracies or typographical errors. Metrolinx’s services and the Content of this Website are subject to continuous review and are subject to change without notice. In addition, any views expressed or made available by third parties on the Website or in itsContent are those of the respective third parties and not of Metrolinx.

The Website is provided on an “as is” and “as available” basis. Your use of the Website and its Content is entirely at your own risk. Metrolinx shall not be responsible for any detrimental reliance you may place on the Website or it’s Content. The information provided on the Website and its Contents is for information purposes only and is notintended to provide specific advice of any kind, including without limitation financial investment, legal, tax or accounting advice. It should not be relied upon in that regard,and any reliance on your part in that respect is solely your own risk.

The Website and its Content are owned and controlled by Metrolinx, and protected by copyright and other intellectual property laws. You are only entitled to view and make a copy of the Content for your own personal and non-commercial use, provided that you do not delete, obstruct or change any copyright, trademark or other proprietary notices. You may not sell or modify any of the Content or reproduce, download, upload, transmit, republish, display, perform distribute or otherwise use any part of the Content in any manner whatsoever without the prior written consent of Metrolinx or the applicable third party or except as specifically permitted on this Website. The use of the Content on any other website or networked computer is strictly prohibited. Any infringement ofMetrolinx’s rights will result in appropriate legal action.

The trademarks and logos included in the Content of the Website are the property of Metrolinx or other third parties. The display of these trademarks and logos on the Website does not imply that a licence or right of any kind has been granted. You are not permitted to use or display any of these marks without the prior written consent ofMetrolinx or the applicable third party.

Links to Resources

From time to time and for your convenience only, the Website may contain links to otherwebsites that are entirely independent of Metrolinx and the Website and are otherwise owned and operated by independent bodies. If you decide to visit such websites, you do so at your own risk. Metrolinx does not guarantee the accuracy of information contained in such websites and Metrolinx expressly disclaims, expressly and impliedly, any responsibility or liability for the accuracy, relevance, copyright, compliance, legality, decency or suitability of any material, products, services or information found on any linked website. The use of such links on the Website does not constitute in any manner a reflection on, affiliation with, or endorsement by Metrolinx of any such website or entity or its respective information, products or services.

Use of Forums, Polls, Bulletin Boards and Other On-Line Communication Media

To facilitate public discussion and obtain relevant feedback in respect of the work undertaken by Metrolinx, the Website may contain bulletin boards, chat rooms, or other message or communication facilities (individually a “Forum” and collectively "Forums")for use by the general public. If you elect to use such Forums you agree to use them only to send and receive messages and material that shall not, in any manner or to anyextent, do any of the following:

• Post, transmit, link to or otherwise distribute any materials, information, or content constituting, advocating or encouraging conduct that would constituteany criminal or quasi-criminal offence, or commit or cause the commission of any criminal or quasi-criminal offence or other tortuous conduct that could give rise to civil liability;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• publish, post, distribute or disseminate any defamatory, infringing, obscene,indecent or unlawful material or information;
• infringe, contravene, breach or otherwise interfere with or harm the rights of anyother person, including without limitation any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
• impersonate any person or entity, including, but not limited to, a Metrolinx officer,director, employee, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• interfere with, manipulate, alter, amend or in anyway affect the Content of the Website as posted by Metrolinx and/or other users of the Forums, including without limitation forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted to the Website
• upload files that contain viruses, corrupted files, or any other similar software orprograms that may damage the operation of another's computer;
• advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;
• download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;
• interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of any networks connected to the Website;
• interfere with, disrupt, override or circumvent any usuage rules or security components imbedded into the Website; and
• intentionally or unintentionally violate any applicable local, provincial, state, national or international law.

In communicating with Metrolinx and/or registering for use of the Website and Forums, you agree to provide information about yourself that is true, accurate, current and complete, and to keep such information true, accurate, current and complete. You may receive a password and account designation upon completing the Forums’ registration process or otherwise advising us of your intention to join the Website and Forums. You are responsible for maintaining the confidentiality of your password and account designation and are fully responsible for all activities that occur under your password or account. In this regard you agree to immediately notify Metrolinx of any unauthorized use of your password or account designation or any other breach of security. You will also ensure that you exit from the Website and any Forum at the end of each session.

The Forums and all postings located thereupon or otherwise on the Website are public and not private communications and may not be monitored, screened, sanctioned or endorsed by Metrolinx. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other material (collectively referred to as the "User Content") are the sole responsibility of the person from whom such User Content originated. You must evaluate and bear all risks associated with the use of any Content and/or User Content, including any reliance on the accuracy,completeness, or usefulness of such Content and/or User Content. Metrolinx reserves the right for any reason to remove at any time without notice any User Content. Metrolinx reserves the right to deny, in its sole and absolute discretion, any user access to the Website or any portion thereof without notice to you.

By participating in the Forums or otherwise submitting any materials to Metrolinx through the Website or otherwise, save and except for any personal information we may collect from you, you automatically grant (or warrant that the owner of such materials expressly grants) Metrolinx a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly displayand perform, distribute and create compilations and derivative works from such submitted materials. Any ideas, suggestions or other material that you submit to Metrolinx shall become the property of Metrolinx. By submitting an idea or suggestion to Metrolinx, you are waiving any and all rights that you may have in the idea or suggestion, and Metrolinx shall be entitled to use the idea or suggestion as it so desires, as provided or as modified by Metrolinx, without any obligation to compensate you or others for the materials. In addition, you warrant that all "moral rights" in such materials have been waived.

Privacy Policy

1.0 Definitions

“Personal information” means recorded information about an identifiable individual, including name, address, email address, telephone number and other information relating to an individual.

“Record” means any record of information however recorded, whether in printed form, on film, by electronic means or otherwise.

2.0 Accountability

Pursuant to the Ontario Freedom of Information and Protection of Privacy Act (“FIPPA”) Metrolinx is responsible for personal information in its custody or under its control. A Freedom of Information and Protection of Privacy Coordinator has been designated by Metrolinx as the individual accountable for compliance. This Privacy Policy, and the collection and use of personal information by Metrolinx, shall at all times be in accordance with and subject to FIPPA.

3.0 Purposes and Disclosure

Metrolinx will use personal information that is collected for the following purposes:

(a)             To provide online services such as the Carpool Zone, Emergency Ride Home, and Transit Zone discounted transit pass purchasing management;

(b)            To provide relevant and appropriate information to our business partners as required to provide services to you;

(c)             To provide you with information on new or current products, services or upcoming events;

(d)            To conduct promotional campaigns, including contests;

(e)             To communicate with you;

(f)              To analyze business results;

(g)            For research, statistical, planning and actuarial purposes;

(h)             To ensure compliance with this Privacy Policy and the Website Terms and Conditions;

(i)               As required or as otherwise authorized by law;

Metrolinx may also use your personal information to create aggregated information that does not identify you personally or allow you to be contacted.  Such aggregated information is intended to show user behaviour as a whole.  For example, aggregated information may be used to determine the number of users living in a certain area.  Aggregated information is used to plan, develop, implement, market and promote Metrolinx services and may be disclosed to third parties.

4.0 Consent

Acceptance of the Website Terms and Conditions, of which this Privacy Policy is a part, constitutes your consent to the use of your personal information in accordance with this Privacy Policy.  Personal information will not be used or disclosed for purposes other than those for set out in this Privacy Policy, except with the consent of the individual or as required by law. If Metrolinx requires personal information for any other purpose other than those set out in Section 3.0 above, it will ask for and obtain your express consent before using it.

You may withdraw your consent at any time, subject to applicable law. However, the withdrawal of consent may affect Metrolinx’s ability to respond your requests or provide services to you.

5.0 Disclosure to Third Parties

Metrolinx may disclose your personal information to third parties, and third parties may collect your personal information on Metrolinx’s behalf, without your further consent, provided that:

(a)        Metrolinx has received your previous consent to such disclosure or collection, including the Website Terms and Conditions;

(b)        disclosure to or collection by a third party, including a Metrolinx business partner, contractor, subsidiary, affiliate, or municipal transit partner, is necessary to provide services to you; or

(c)        disclosure is required or permitted by law or pursuant to a court order.

6.0 Limiting Collection

The collection of personal information by Metrolinx is limited to that which is necessary for the purposes identified in FIPPA and in section 3.0 above. All personal information is collected by Metrolinx in a fair and lawful manner under the authority of the Metrolinx Act, 2006, as amended from time to time.

7.0 Retention

Personal information shall be retained as long as necessary for the fulfillment of those purposes set out in Section 3.0 or otherwise as required by law, which may extend beyond the termination of your relationship with us.

8.0 Accuracy

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used as set out in FIPPA and section 3.0 above.

Metrolinx will make reasonable efforts to update or correct your personal information when you request it as long as it does not compromise Metrolinx’s privacy or security interest. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.

9.0 Safeguards

All personal information collected by Metrolinx will be protected by using appropriate safeguards against loss, theft and unauthorized access, disclosure, copying, use or modification. The methods of protection may include:

(a)             Physical measures, for example, locked filing cabinets and restricted access to offices;

(b)            Organizational measures, for example, security clearances and limiting access on a "need-to-know" basis;

(c)             Technological measures, for example, the use of passwords and encryption; and

(d)            Agreements between Metrolinx and its business partners which require that any information provided to them by Metrolinx, or collected and used by them on behalf of Metrolinx, is treated in accordance with FIPPA.

10.0 Web Analytics and Cookies

Cookies are generally used to make it more convenient for users to move around a website. if you choose, cookies may be used to “remember” certain personal information, such as your password, in order to make it easier and faster to log-in and navigate Metrolinx websites.  These types of cookies need to be stored on your computer’s hard drive.  Cookies used by Metrolinx or its third party service providers are encrypted to make the information in cookies unreadable to anyone except Metrolinx.  Metrolinx or its third party service providers may use session cookies to support on-line feedback, forms and registration.  They are used only during your online session and expire when you close your browser. 

11.0 Openness

Metrolinx is committed to ensuring that specific information about its policies and practices relating to the management of personal information are provided. For further information, please contact the Freedom of Information Coordinator at 20 Bay Street, 6^th Floor, Toronto, Ontario M5J 2N8, (416) 869-3600 or 1-888-438-6646.

12.0 Individual Access

An individual may make a written request for access to his/her personal information in Metrolinx’s possession. An individual may be required to provide sufficient information to permit Metrolinx to properly provide an account of the existence, use, and disclosure of personal information. The information provided shall only be used for this purpose. All requests will be handled in accordance with FIPPA.

Metrolinx may charge an individual for providing access to his/her information in accordance with FIPPA.

13.0 Challenging Compliance

If an individual believes that Metrolinx is not complying with the principles set out in FIPPA, please contact the Freedom of Information and Protection of Privacy Coordinator, who will investigate an individual’s concerns. Metrolinx will investigate all complaints. If a complaint is found to be justified, Metrolinx shall take appropriate measures, including, if necessary, amending its policies and practices. Any questions pertaining to the privacy concerns should be addressed to:

Freedom of Information and Protection of Privacy Coordinator
Metrolinx
20 Bay Street, 6th Floor
Toronto, Ontario, M5J 2W3
(416)869-3600
1-888-438-6646 

Contests

Metrolinx may occasionally run contests that offer prizes and that will require you to provide us with your personal information. You must read and agree to all the terms, conditions and rules that apply to that contest before entering it. By entering such contests from time to time, you acknowledge that you have read such rules as may apply, and agree to be bound by them.

Disclaimer and Exclusion of Liability

In accordance with the terms of use set out above, the Website is provided on an “as is”and “as available” basis. Metrolinx makes no representations, warranties, covenants, agreements or guarantees, express or implied, as to the accuracy, reliability, quality, suitability, truth, currency or completeness of any of the Website, its Contents, and any portion thereof, or any goods or services that may be recommended, advertised, sold or delivered in connection with the Website. All express or implied conditions, representations and warranties, including any implied warranty of merchantability ,fitness for a particular purpose or non-infringement, are hereby expressly disclaimed.

Metrolinx shall in no event be liable to you or to any other person or entity for any damages, liabilities, claims, losses, costs, expenses or injuries suffered in connection with or in any way relating to or resulting from your use of, or inability to use, the Website, its Content, or any portion thereof, including without limitation, your viewing, using, accessing, copying, downloading or storing any part of the Website or its Content. Under no circumstances whatsoever shall Metrolinx be liable to you or any other person or entity for any direct, indirect, special, incidental or consequential damages (including loss of business, revenue, profits, use, data or economic advantage), whether arising in contract, tort (including negligence), equity, or otherwise, and regardless of how same may arise or whether Metrolinx has been advised of or could have foreseen the possibility of such damages. Metrolinx further disclaims any and all liability for any consequences that may arise from any unauthorized reproduction or use of the Website or its Content. Any representations, warranties or covenants with respect to any goods or services referred to in the Website shall be subject to, governed by, and as stated in the applicable terms governing the provision of same.

Ensuring that your data and/or equipment used in connection with your use of the Website and its Content is adequately protected is entirely your responsibility. You agree that you will not make a claim or otherwise seek any equitable relief against Metrolinx for such losses as may be suffered by you in this respect, including but notlimited to lost data, rerun time, data corruption, communication interception, inaccurate output, work delays or lost business, profits, use or other economic advantage, resulting from any use of or access to the Website and its Content.

Applicable Law

Your use of this Website and these terms and conditions shall be governed and interpreted in accordance with the laws of the Province of Ontario. You acknowledgethat you have full legal capacity to use this Website and the Forums in accordance with the foregoing. By using this Website, you acknowledge and agree to submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in this respect. If you use the Website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. Metrolinx does not represent that the materials contained within the Website and any of its Content are appropriate or otherwise available for customers outside the Province of Ontario.