On Demand Transit Privacy Policy & Terms and Conditions

On-Demand Transit Privacy Policy & Terms and Conditions

This section will cover each of our privacy policy and terms of use information. For privacy policy & terms and conditions on other services and website interactions please visit https://www.ozark.org/privacy-policy-terms-and-conditions .

Last Updated February 22, 2022

This privacy policy (“Privacy Policy”) discloses the practices of ORT, operated by Ozark Regional Transit Authority (“ORT”, “we”, or “us”), concerning information we obtain by and through your use of the ORT website (www.ozark.org) and ORT 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.

SECTION 1 - The ORT App

Ozark Regional Transit does not collect or store personal information from customers downloading, installing or using the App on Apple, Android, or Windows smartphone or mobile devices. However, personal information is collected when customers use the App to register for a ORT account. Payment information is collected when customers sign up to make ticket purchases in the App.

SECTION 2 - WHAT DO WE DO WITH YOUR INFORMATION?

When you browse our site, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

SECTION 3 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, if you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at ORTOnDemand@ozark.org or mailing us at: ORT ODT, 2423 E. Robinson Avenue, Springdale, Arkansas 72764.

SECTION 4 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - Notifications & Beacons

ORT will send messages in the form of mobile notifications or promotional content through the App. The App may use location information to display notifications or promotional content. Also, messages may be activated by beacon devices in a public space, which communicate location, transit, or event information. To manage notifications for the Application, go to the notifications area in the settings for your device and select ORT.

SECTION 7 - Social Sharing Features

The Sites or App may integrate with social sharing features and other related tools which let you share actions you take using the Services with other applications, websites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

SECTION 8 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

SECTION 9 - GOOGLE

We use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

SECTION 10 - AGE OF CONSENT

By using this site, you represent that you are at least 18 years old, or that you are 18 years old and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 11 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Public Information Officer at ORTOnDemand@ozark.org or by mail at:

Ozark Regional Transit

On Demand Transit

2423 E. Robinson Avenue

Springdale, Arkansas 72764

Last Updated February 22, 2022

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 Ozark Regional Transit Authority (ORT), PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

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 ORT. If you do not agree to these Terms of Service, you may not access or use the Services. ORT may amend these Terms of Service from time to time. Amendments will be effective upon ORT 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 ORT Privacy Policy located at www.ozark.org/terms_of_use.html. You understand and acknowledge that any information you submit to ORT is subject to public inspection and copying under the laws of Arkansas, Washington County, unless exempt by law.

Section 2 - The Services

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

Section 3 - Eligibility to Use the Service

By using the ORT app, you represent that you are at least 18 years old, or that you are 18 years old and you have given us your consent to allow any of your minor dependents to use this site. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at ORTOnDemand@ozark.org.

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 Login 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 login credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your login credentials on the Service. You represent and warrant that the information you provide to ORT 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 login 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 ORT by email at ORTOnDemand@ozark.org. You will be solely responsible for the losses incurred due to any unauthorized use of your account.

If you choose to set up your Account to electronically pay, you will also be required to provide a valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date. You grant ORT the right to provide any information you submit to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf.

There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into ORT or ORT’s contracted vendors’ security system, or by intercepting transmissions of personal information over the Internet. ORT is not responsible for any data obtained by third parties in an unauthorized manner.

Section 5 - License

Subject to your compliance with these Terms of Service, ORT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable 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 ORT’s licensors.

Although ORT 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 6 - 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.

As a consequence for violating the code of conduct, ORT reserves the right to block passengers from using the service via the app.

Section 7 - Mobile Ticketing

A mobile ticket refers to a type of pass or ride credit, purchased through the App using an Apple, Android or Windows smartphone or mobile device. The security of your mobile device or pass is your responsibility. In the event that the pass or your mobile device is lost or stolen, ORT will not provide a duplicate or replacement pass. You cannot print or transfer ride credits or passes purchased through the app.

Section 8 - 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 ORT at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.

Section 9 - 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. ORT 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 10 - Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ORT 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, ORT 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 11 - Limitation of Liability

ORT 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 ORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORT 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 ORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ORT’S REASONABLE CONTROL. IN NO EVENT SHALL ORT’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 12 - Indemnity

You agree to indemnify and hold ORT 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, all without, however, waiving any governmental immunity available to ORT under Arkansas law.

Section 13 - 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 ORT may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files.

Section 14 - Choice of Law

These Terms of Service and the rights and obligations of the parties under these Terms of Service will be governed by, and construed and interpreted in accordance with, the laws of the State of Arkansas, excluding its rules of conflicts of law. Any and all obligations under these Terms of Service are due in Washington County, Arkansas and the parties hereby irrevocably consent to the jurisdiction of the courts in Washington County, Arkansas with respect to all disputes arising out of these Terms of Service.

Section 15 - Notice

ORT may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the address in your Account, if you provided one. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to ORT, with such notice deemed given when received by ORT, at any time by first class mail or pre-paid post to ORT-ODT, 2423 E. Robinson Avenue, Springdale, Arkansas 72764.

Section 16 - General

You may not assign these Terms of Service without ORT’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 ORT 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. ORT’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 ORT in writing.

Effective Date

This policy is effective as of February 22, 2022

Contact Us

For any questions or concerns regarding your privacy, you may contact us using the following details:

ortinformation@ozark.org