Terp Ride Privacy Policy

This privacy policy (“Privacy Policy”) discloses the practices of Department of Transportation (“Shuttle-UM,” “we,” or “us”) concerning information we obtain by and through your use of the Department of Transportation website (http://www.transporation.umd.edu) Terp Ride mobile app (the “App”), and through other interactions and communications you have with us (collectively, the “Services”). This Privacy Policy applies to the Services and becomes effective as soon as you access or use the Sites or the Application. Should these terms conflict in any way with the Agreement between Via Transportation and the Department of Transportation, the terms of the Agreement shall prevail.

We are committed to the principles of transparency and protecting our users’ privacy, and we want you to understand how we process and protect your personal information. This Privacy Notice explains how Shuttle-UM, and its (collectively, “Via,” “we”, “us”, or “our”) collect, use, share, disclose, and otherwise process personal information, as well as how to exercise the choices and rights you have regarding your personal information.

This Privacy Notice applies to all users of our apps, websites, platforms, products or other services, unless covered by a separate privacy notice or policy. This Privacy Notice applies to you as a “User” of the “Terp Ride”. Users may include the following categories of individuals:
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Riders: Riders are individuals who use the Via Services to request transportation services (or information about transportation services) for themselves or others, as well as those who receive such services. Riders may be individuals who did not create a User Account, as defined in the “What Information Is Collected” section, with any of the Terp Ride services, but who are traveling with an account holder.
When we use the term “Via Services,” we are referring to: (i) all Via websites (the “Via Websites”), (ii) mobile applications that Via makes available to Riders, Drivers, and Delivery Users (the “Via Apps”), and (iii) platforms, dashboards, content, products, and related interfaces, tools, and services that Via makes available to Enterprise Customers (the “Enterprise Platform”)

What Information Is Collected

When you use the Terp Ride App, we may collect personal information about you, including information that you provide to us, information that is automatically collected, and personal information about you from other sources and third parties.

A. Personal Information You Provide to Us

User Account Information: To use the Terp Ride, you may be required to maintain an account with us, which may differ depending on whether you are a Rider, Driver, Delivery User, or Enterprise Platform User (together, these are “User Accounts”). We collect information from you whenever you create or update a User Account, or when one is created on your behalf by an authorized agent.

Depending on your User category, and the type of Via Services you are using, the information you provide to create or update a User Account may include: your name, email address, telephone number, a photograph or profile image, login credentials, physical address, payment methods or banking information, driver’s license and other government identification documents or numbers (which may include social security numbers), insurance and vehicle-related information, demographic information, information about your employment or corporate affiliation (including your employer identification number, company, and/or title).

You may also have an opportunity to provide additional information to us related to your User Account, including information about a disability, service animal, a guardian or personal care attendant, an emergency contact, a home or work address, or other information that may be relevant to your preferences or your use of the Via Services. In certain jurisdictions, and as permitted by law, we may also collect additional background check and identity verification information for Drivers, including drug and alcohol test records and results, driving history, and credentials or certifications required for the specific purposes for which you would be using the Via Services. In cases where an Enterprise Customer requests additional information from Users (e.g., eligibility for certain services), we may collect that additional information for the service provided to that Enterprise Customer, and we will do so in accordance with all applicable laws.

‍Visitor Contact Information: If you are a Visitor and did not create a User Account, you may be given the opportunity to provide us with contact information or other characteristics, including your name, email address, physical address, telephone number, and occupational and employer information. We collect this information when you provide it to us, and we may use it for marketing purposes and to communicate with you, consistent with applicable law.

‍Your Communications with Us: Whenever you contact us (for example, by seeking support using your User Account, by responding to one of our messages, leaving feedback or ratings using the Terp Ride Services, or notifying us of an incident involving Terp Ride), we will collect any information you provide (including the content of any attachments). We will also collect information which is apparent from your communication (for example, the email address or phone number from which you contacted us). If you communicate with us by telephone, we may record the audio of our communications, consistent with applicable law. In certain instances, we may provide you an opportunity to indicate your preferences for our future communications, and we will collect any preferences you indicate. Please note that our systems may record personal information that you type even if you do not ultimately submit it.

‍Survey Information: We may offer you the opportunity to participate in surveys, quizzes, contests, interviews, or promotions. You may be asked to provide personal information (including demographic information) to participate in such opportunities.

B. Personal Information Collected When You Use the Terp Ride Services

Location Information: We collect information about your location in different ways depending on how you use the Terp Ride Services.
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When Ridersare using Terp Ride, we collect location data (including GPS and WiFi data) from your mobile device when the Via Apps are running in the foreground of your mobile device (when the application is open and on-screen). We may also collect location data in the background (when the application is open but not on screen) if you authorize us to do so through your mobile device settings. If you are a Rider who is aboard a Driver-operated vehicle, we may also indirectly receive information about your location based on the data we receive about the Driver’s use of the Via Services.
When Drivers are using Terp Ride, we collect location data (including GPS and WiFi data) from your mobile device whenever the Via Driver App is running in the foreground (when the application is open and on-screen) or the background (when the application is open but not on-screen) of your mobile device. You may have opportunities to adjust location-sharing preferences on your mobile device.
For all other uses of the Terp Ride, we may collect general location data based on any automatically collected Device Information and Usage Information, as defined below.

‍Device Information: We may collect information about the devices and browsers you use to access the Via Services. This may include your internet protocol (IP) address, operating system, browser type, browser language, screen resolution, the URL you entered and any relevant referring page/campaign, as well as information about the mobile devices you may use to access the Via Apps (including your hardware model, version, unique device identifiers, operating system, battery level and charging status, and screen size).

‍Usage Information: We collect information about how you interact with the Terp Ride, including your User Account transactions and automatically collected log data. Usage Information may include, but is not limited to, information about when and how you downloaded any of the Via Apps or created your User Account; your access and login activity; your preferences; details about any transportation or delivery services you request or participate in through the Via Services; your transactions; the specific components of Terp Ride, Transportation website, or any other aspect of the Via Solution you visit or use, along with details about your views or use of these components; any alerts or communications we send you in connection with your use of the Via Services; and any errors that may have occurred during your use of the Via Services.

‍Cookies and Third-Party Analytics Data: Like most providers of online services and platforms, we collect information about the electronic path you take to the Via Services, through the Via Services and when exiting the Via Services, and your usage and activity on the Terp Ride Services, such as the links, objects, products and benefits you view, click, or otherwise interact with. We and our third-party service providers and business partners may collect and store information through “cookies,” related technologies (such as pixels and web beacons), and third-party analytics services (such as Google Analytics). We collect this information for purposes that include remembering User preferences and settings, analyzing the effectiveness of certain features of our Via Services, and designing and delivering marketing campaigns. For details about how analytics information is automatically collected and used, as well as the choices you may have in relation to those practices, please review our Cookie Notice.

How We Use Personal Information

We use the personal information that we collect through the Terp Ride, including through third-party sources, to:

Provide the Terp Ride: We use personal information, including location information, to make the Via Services available – both to you and to other Users.

For example, we may use Users’ contact information to create and maintain User Accounts, we use Riders’ location information to make it possible for them to match with Drivers offering transportation services and to then track the progress of their rides, and we may use Drivers’ banking information to enable them to receive compensation for the transportation or delivery services they provide to other Users through the Via Services.

Personalize the Via Services: We may use personal information to personalize aspects of the Via Services.

For example, Riders can input personal preferences to enable accessibility features or save a “home” address in the Via Apps to serve as a shortcut when making new ride requests.

Improve the Via Services: We use your personal information to help us continue to improve the Via Services and develop new products and features. We may also aggregate personal information to help understand Users’ needs and improve our services and offerings.

For example, we may use your personal information to identify software bugs and troubleshoot errors, to improve our algorithms, to test any aspect or configuration of the Via Services, to identify potential new processes, features, or initiatives, to prevent fraud and misuse, and to conduct general research and development.

Safety, Security, and Fraud Prevention: We use personal information to offer the Via Services safely and securely, and to deter fraudulent, harmful, unauthorized, unethical, or illegal activity in the Via Services.

For example, we may use personal information to authenticate users and verify accounts, identify or investigate unsafe behaviors, and to perform background checks on certain Drivers before we authorize them to use the Via Services to connect with Riders.

Communications: We use personal information to communicate with you about your use of the Via Services and for marketing purposes.

For example, we may use your personal information to alert you about the status of transportation services arranged through the Via Services, to provide receipts for payments, to send announcements and security alerts, and to provide updates about our policies and any element of the Via Services. We may also use your personal information to deliver marketing communications, news, and advertisements about the Via Services or products or services offered by business partners.

Compliance and Lawful Requests: We use your personal information as necessary or appropriate to comply with applicable laws, lawful requests, and legal processes.

For example, we may be required to provide information in response to a subpoena or we may receive lawful requests for information from law enforcement, regulators, government officials, insurance companies, Enterprise Customers, or other third parties authorized to make such requests. In these circumstances, we may use and disclose personal information as required or permitted by applicable law.

Your Communication Preferences

In connection with the Via Services, we may send you email messages, direct mail offers, SMS messages, push notifications or other communications, including telephone calls, regarding the Via Services.

You may ask us not to send you marketing communications by:
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Following any opt-out instructions that are made available in our marketing communications.
Sending a written request to shuttledrm@umd.edu clearly stating the nature of your request and identifying the email address or number at which we contacted you.
You may also be able to use your mobile device or in-app settings in the Via Apps to opt out of marketing communications and push notifications.

If you request to opt out of marketing communications, please note that we may continue to send you non-marketing communications, which may include account verification and maintenance, status updates regarding specific transactions (such as transportation or delivery services you arranged using the Via Services), changes or updates to the Via Services or our ongoing business relationship, and any technical, administrative, legal, or security-related notices.

Please see our Terms of Use for additional information about how we communicate with you and your options with respect to these communications. If you like to update, delete, or correct any information that you have provided to us through your use of Terp Ride, please send an email to shuttledrm@umd.edu.

Updates To This Privacy Notice

We will update this Privacy Notice from time to time, including to address changes in the Terp Ride, clarify or update our processes, and to comply with changing laws and regulations. When we make changes to this Privacy Notice, we will change the “Last Updated” date at the beginning of this Privacy Notice. If the changes apply to only one section of the Privacy Notice, we may update only that section’s “Last Updated” date. If we make material changes, we will notify you including through a pop-up notification on the Via Apps, Via Websites, or elsewhere in the Via Solution, or by other means, including email or a prominently posted notice at the beginning of this Privacy Notice. All changes shall be effective from the date of publication unless otherwise provided in the notification. We encourage you to review this Privacy Notice periodically. By using the Via Services after an update, you agree to the updated version of the Privacy Notice.

For further information regarding the University of Maryland Privacy Policy or Terms and Conditions please visit https://purchase.umd.edu/vendors/umd-standard-terms-and-conditions

Effective Date

This policy is effective as of August 16, 2023.

Terp Ride Terms of Service

Section 1: Introduction

These Terms of Service (“Terms of Service”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Should these terms conflict in any way with the Agreement between Via Transportation and Shuttle-UM, the terms of the Agreement shall prevail.

Your access and use of the Services constitutes your agreement to be bound by these Terms of Service, which establish a contractual relationship between you and Shuttle-UM. If you do not agree to these Terms of Service, you may not access or use the Services. Shuttle-UM may amend these Terms of Service from time to time. Amendments will be effective upon Shuttle-UM's posting of such updated Terms of Service at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Service, as amended.

Our collection and use of personal information in connection with the Services is as provided in Shuttle-UM's Privacy Policy.

Section 2: - The Services

The Services constitute a technology platform that enables users of the Shuttle-UM Terp Ride mobile app (the “App”) to, among other things, request and schedule rides provided through Paratransit and NiteRide services. Unless otherwise agreed by Shuttle-UM in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

Undesignated Drop-Off Requests

Shuttle-UM operators are not permitted to drop-off passengers at undesignated locations. The operator will stop at the next designated bus stop to allow passengers to exit the Van

PROHIBITED BEHAVIOR

Federal regulations prohibit the operation of any bus with passengers standing ahead of the yellow line.
Interfering with the operation or movement of any Shuttle-UM vehicle
Threatening the health, safety or wellbeing of the operator and/or other passengers
Fighting, pushing, crowding, shoving, or initiating physical contact with the driver and/or passengers
Damaging or defacing the vehicle or any Shuttle-UM property
Soliciting the sale of goods or services
Loitering and/or panhandling onboard any bus
Remaining on the bus for more than your scheduled trip.
Placing advertisements on the inside or outside of the buses, or removing or defacing those placed on the buses by authorized representatives of Shuttle-UM
Disposing of garbage, paper, refuse or any other materials except in receptacles provided for that purpose
Loud or boisterous noises, including disruptive sounds while using electronic devices. All audio devices including tablet and cell phones may not be used on speaker mode.
Use of obscene, offensive or sexual language, including sexually implicit references or gestures
Tampering with or operating equipment intended for the bus operator’s exclusive use
Consuming any alcoholic beverage or possessing an open container of any alcoholic beverage
Disorderly and disruptive intoxication
Using any form of tobacco, including vaping, e-cigarettes, etc.
Riding any bus while using, being under the influence of, or in possession of, any illegal substance or activity
Possession of any illegal weapon or hazardous material.
Possession or use of any dangerous flammable substances or use of any devices actively producing a flame except oxygen tanks necessary for medical reasons.
Occupying more than one seat when seating is limited
Any passenger with excessive odors or fragrances which cause harm to other passengers or interfere with the bus operator’s safe operation of the vehicle may be asked to relocate their seat or to exit the bus.

Section 3: Eligibility to Use the Service

By using the App, you represent that you are registered as a user with a temporary or permanent condition that requires the use of Paratransit Services and/or at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization“), then you represent and warrant that you:

Are an authorized representative of that Organization;
Have the authority to bind that Organization to these Terms; and
Agree to be bound by these Terms on behalf of that Organization.

Section 4: - Your Account and Log-In Credentials

To use the Service, you may need to log-in by providing a username, password, and cellular phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.

You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Service. You represent and warrant that the information you provide to the District upon use of the Service and at all other times will be true, accurate, current, and complete.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the Shuttle-UM Department of Transportation by e-mail to shuttledrm@umd.edu.

Subject to your compliance with these Terms of Service, Shuttle-UM it grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the App on your personal mobile device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Shuttle-UM and Department of Transportation licensors.

Although Shuttle-UM strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.

Section 5: - Code of Conduct

In connection with your use of the Services, you agree that you will not:

Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
Use the Services for any unlawful purpose;
Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
Remove any copyright, trademark or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
Take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.

Section 6: - Consent to Receive Emails and Text Messages

By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from Shuttle-UM Transit at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.

Section 7: - Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application and any updates thereto. Shuttle-UM does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Section 8: - Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE. ”Shuttle-UM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SHUTTLE-UM TRANSIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Section 9: - Limitation of Liability

Shuttle-UM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SHUTTLE-UM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHUTTLE-UM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR AGENTS' SERVERS; OR (4) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF SHUTTLE-UM TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHUTTLE-UM TRANSIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SHUTTLE-UM’S REASONABLE CONTROL. IN NO EVENT SHALL HAVARD TRANSIT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

Section 10: - Indemnity

You agree to indemnify and hold Shuttle-UM and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Service; or (iii) your violation of the rights of any third party.

Section 11: - Termination

These Terms of Service shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Service, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms of Service, your right to use the Services shall immediately cease. You agree that Shuttle-UM may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.

Section 12: - General

You may not assign these Terms of Service without Shuttle-UM’s prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Shuttle-UM Transit as a result of this agreement or use of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Shuttle-UM Transit's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shuttle-UM Transit in writing.