Term of Use and Privacy Policy

Website and Mobile Application Use Privacy Policy

About City of Burbank
The City of Burbank provides the BurbankBus Senior & Disabled transit service to eligible Burbank residents. Please visit www.burbankca.gov for more information. www.burbankca.gov/burbankbus provides detailed information about the transit service and contact information. The name of the app is “BurbankBus Senior & Disabled”.

The Privacy Policy is incorporated by reference into the Terms of Use for the Service. Terms such as BurbankBus Senior & Disabled Transit, Via, Company, we, and us includes City of Burbank (City) and Via Transportation, Inc. and our affiliates and subsidiaries. This Privacy Policy explains how City of Burbank and Via Transportation may collect, use, and disclose information we obtain through the Service.

The “Service” means any website, mobile application, or Internet service provided by Via or City of Burbank relating to BurbankBus Senior & Disabled transit service. Each reservation a user makes with BurbankBus Senior & Disabled transit service is a “Reservation,” and each ride taken through a Reservation is a “Ride.” “Member” means any such individual who uses the Service to make Reservations and takes Rides.

What Information do we collect?
If you are using the BurbankBus app and service, 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. Data will not be used for commercial purposes, nor do we distribute, in any way, any of the information we gather.

What Information We Collect
When you use BurbankBus's service, we may collect personal information that you provide directly, information collected automatically when you use our rider application or website, and information provided by trusted service providers that help us operate the service.

Information You Provide
When you create or update a rider account or when an account is created on your behalf (for example, by a caregiver), we may collect information such as:

• Name
• Email address
• Phone number
• Home address
• Login credentials
• Emergency contact information
• Accessibility or mobility information you choose to provide
• Information necessary to determine or verify eligibility for paratransit service, including documentation that you voluntarily submit

If you contact BurbankBus customer service, we may collect the information you provide in your communications, including emails, phone calls, support requests, or feedback submitted through our services. We may also retain records of these communications to improve customer service and resolve issues.

Information Collected Automatically
When you use our website or rider application, we may automatically collect:

• Your device's approximate or GPS location (when you grant permission) to facilitate trip booking, vehicle dispatch, and trip tracking
• Device information such as IP address, browser type, operating system, and device identifiers
• Information about how you use our services, including trip requests, trip history, login activity, and interactions with our website or mobile application.

We use this information to help make our site more useful to visitors. Learning about the number of visitors to our site and the types of technologies they use helps us to improve the Web site and the services we offer. In order to accomplish these goals, we are constantly conducting statistical analysis of the data we collect and are aggressively improving our hardware and software to meet the public needs.

Using Burbank’s Online Application and Mobile App

In addition to information that is automatically collected upon use of our website or App, we collect information from you when you subscribe to our text alerts, contact us, or use any of our online forms.

Information collected by us will be used for governmental purposes only. These purposes could include, without limitation, helping us respond to your request for information; or to look into a problem you are bringing to our attention.    

Any of the information that we collect from you may be used in one or more of the following ways:

• To personalize your experience: Your information helps us to better respond to your individual needs.
• To improve our website: We continually strive to improve our website offerings based on the information and feedback we receive from you.
• To improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.
• To process forms: When using forms on our site, as appropriate, you may be asked to enter your: name, email address, mailing address, phone number, and other personnel information appropriate to the form. Your information whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason, without your consent, other than the expressed purpose of the form submitted or as otherwise specified herein.
• To send email confirmations: The email address you provide in our online forms will only be used to send you information and confirmations.
• To send text alerts: If you decide to opt in to our text alert list, you will receive text alerts that may include updates and service related information.
• Information collected may be disclosed to third parties when required under applicable law, including but not limited to, the California Public Records Act (Cal. Gov’t Code §§ 7920.000 et seq.).

How Do We Protect Your Information
BurbankBus takes the security of your personal information and our data very seriously. We take reasonable and appropriate measures designed to protect your personal information. Please remember that no method of storage or transmission is 100% secure and that we cannot guarantee the security of your information, including against unauthorized intrusions or acts by third parties. Additionally, you are solely responsible for protecting your User credentials and limiting access to your devices.

We retain your information for as long as necessary to provide you with BurbankBus's Services, or as long as required to fulfill our legal obligations. We retain transactional information such as payments and information about rides you take to ensure we can perform legitimate business functions, such as accounting for tax obligations.

We will further retain certain personal information to maintain an accurate record of Users' interactions with BurbankBus's service. This allows us to demonstrate the Services provided and to comply with our legal obligations, as well as to maintain records in the event of any complaints or litigation.

If you request account deletion, we will delete your information. Unless otherwise required by applicable law, we may, at our discretion, delete or modify information in our systems without prior notice once we determine it is no longer needed.

Do We Use Cookies
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser, that enables the sites or service provider’s systems to recognize your browser and capture and remember certain information. If you use any forms on the site, you will be saving your name, email address and other information in cookies.

When you visit or interact with our webapp, we may collect log data about your device and its software, such as your IP address, operating system, network, browser or device type, date/time of your visit, and other similar information.

Do We Disclose Any Information to Outside Parties
No. The City of Burbank does not sell, trade, or otherwise transfer to outside parties your personal identifiable information, except as described herein. Third parties with whom an app shares user data will provide the same or equal protection of user data as stated in the app’s privacy policy. We may release your information when we believe release is appropriate to comply with the law (including but not limited to, the California Public Records Act (Cal. Gov’t Code §§ 7920.000 et seq.), enforce site policies, or protect ours or other’s rights, property, and safety.

Children’s Online Privacy Protection
Protecting the privacy of minor children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 18 without verifiable parental consent. If you are under 18 years of age, please do not access the Service at any time or manner without parental consent.

Online Privacy Policy Only
This online privacy policy applies only to information collected through the Service and does not apply to information collected outside of the Service.

User Consent

• By using the website or App, you consent to the privacy policy.
• Changes to the Privacy Policy:
• If changes are made to the privacy policy, changes will be made and posted on our website at www.burbankca.gov/burbankbus.

TERM OF USE
 

1. Your Acceptance

• By using and/or visiting this website (“Website”) or its associated mobile application (the “App”) (collectively, the “Services”), you agree to (1) these terms and conditions (the “Terms of Use”), and (2) The privacy policy, found at www.burbankca.gov/burbankbus incorporated here by reference. If you do not agree to any of these terms or the privacy policy, please do not use the Website or the App.
• Terms such as BurbankBus Senior & Disabled Transit, Via, Company, we, and us includes City of Burbank (City) and Via Transportation, Inc. and our affiliates and subsidiaries.
• Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version on www.burbankca.gov. The City of Burbank, may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Website - These Terms of Use apply to all users of the Services, including users who are also contributors of content, information, and other materials or services on the Website and App. The Website and App include all aspects of this web site and its associated app, including but not limited to all products, software and services offered via the website such as the RC Transit features, Website and other applications.

3. General Use of the Website and App — Permissions and Restrictions. City of Burbank hereby grants you permission to access and use the Services as set forth in these Terms of Use, provided that: Notwithstanding the foregoing, the City of Burbank grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The City of Burbank reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website or App, nor to use the communication systems provided by the Website or App (e.g. blog comments, email) for any commercial solicitation purposes. By using the Services, you agree to comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. The City of Burbank reserves the right to discontinue any aspect of the Website or App at any time.

4. Warranty Disclaimer - YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. CITY OF BURBANK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S OR APP’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THE APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR THE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. CITY OF BURBANK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CITY OF BURBANK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

5. Limitation of Liability - IN NO EVENT SHALL CITY OF BURBANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Services are controlled and offered by the City of Burbank, California. City of Burbank makes no representations that the Website or App is appropriate or available for use in other locations. Those who access or use the Website or App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Indemnity - You agree to defend, indemnify and hold harmless the City of Burbank, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; or (ii) your violation of any term of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the Services.

7. Ability to Accept Terms of Service - You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

8. Assignment - These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the City of Burbank without restriction.

9. General - You agree that: (i) the Website and App shall be deemed solely based in California; and (ii) the Website and/or App shall be deemed a passive website and/or application that does not give rise to personal jurisdiction over City of Burbank, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and City of Burbank that arises in whole or in part from the Services shall be decided exclusively by a state court of competent jurisdiction located in Los Angeles County in California. These Terms of Use, together with the Privacy Policy and any other legal notices published on the Website or App, shall constitute the entire agreement between you and City of Burbank concerning the use of the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and City of Burbank’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. City of Burbank reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website or App following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND CITY OF BURBANK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES AND ARE SUBJECT TO APPLICABLE NOTICING REQUIREMENTS UNDER APPLICABLE LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective: September 2029. Subject to Change.