1. Acceptance of Terms
The City of Edmonton (the “City”), through its Office of Traffic Safety, provides the Edmonton SmartTravel smartphone application (“SmartTravel App”) subject to the following Terms of Service (“Terms”), which may be updated by the City from time to time, and will be available at: www.edmonton.ca/smarttravel.
By accessing and using the SmartTravel App, you accept and agree to be bound by these Terms. Review these Terms. If you do not agree with any part of these Terms, do not install or use the SmartTravel App.
By installing and using the SmartTravel App, you are confirming that you are at least 18 years of age and are fully able and competent to accept and be bound by these Terms.
3. Description of SmartTravel App
The SmartTravel App is available as an Android and iOS mobile application that provides you verbal alerts when you are approaching a school zone, entering a road that has different speed limit (speed limit transition zone) or high collision areas in the City of Edmonton public roadways (collectively referred to as “Alert Locations”).
The SmartTravel App also provides push notifications related to traffic safety such as traffic disruptions and reminders of seasonal events (back to school, adverse weather).
c. Maps and Information:
The SmartTravel App allows you to do the following:
- view the school zone map;
- view speed limit map;
- view high collision locations;
- view information related to traffic safety either given through push notification system or provided in the website of the City of Edmonton Office of Traffic Safety.
d. Collection of Phone ID and Driving Data:
The SmartTravel App does not collect or record the user’s name, address, voice, image, or other types of personal information. The SmartTravel App will collect the user’s phone ID (also known as a device token on Apple phones) for the purpose of sending push notifications to your electronic device or smartphone. The phone ID will not be used to identify an individual. The SmartTravel App will also collect the location, speed, acceleration (collected by the accelerometer sensor), angular velocity, and orientation (collected by the gyroscope sensor) of your electronic device or smartphone (the “Driving Data”). The Driving Data will be used for a statistical analysis to identify if the SmartTravel App has a significant impact in changing driving behaviours. The analysis will be done based on the aggregated data of all users and not on a per-individual basis. Users will have the option to choose not to participate in this analysis by turning off this feature, and in that case the Driving Data will not be collected.
When a user first opens the app, a dialogue box as shown in the below figure will pop up to give an option to either consent to disclose driving data collection for the purpose of statistical analysis or disallow it.
You can change your consent at any time through the Setting menu by turning the data collection option on or off, as shown in the two figures below.
When the app detects a speed of less than 20 km/h throughout a 30 minute period, then excepting location and speed, the Driving Data will not be collected.
When the app detects a speed of less than 20 km/h throughout a 30 minute period, then the app remains in operation in the background but will not provide alerts. Location and speed will be collected less frequently (approximately every 5 minutes). When the app detects a speed of 20 km/h or higher, then the alert system will be activated to give alerts when users are approaching Alert Locations and location and speed will be collected every second.
If you have any questions about the collection or use of this data, please contact Senior Traffic Safety Analytical Coordinator, City of Edmonton Office of Traffic Safety, 9304 – 41 Ave. Edmonton, AB T6E 6G8; Phone: 780-495-0371; E-mail: email@example.com. Stop the App:
In Android phones, when the app is running, you will see the SmartTravel icon appear at the top left of your phone screen. To stop the app, you can click the stop button. After stopping, the app will stop collecting Driving Data and will not provide alerts. However, you will still be able to receive push notification messages.
In iOS phones, there is no icon similar to the one in Android. To stop the SmartTravel App, the steps below can be followed:
- Double-click the HOME button
- Swipe left to find the “Smart Travel” app
- Swipe up on the app’s preview to close it
4. Your Consent to Receive Updates
There are three types of updates on the SmartTravel App: existing data update, app feature update, and app algorithm/program update. Two of the data sets (high-collision locations and school zones) will be updated automatically when the app is running and there is a stable WiFi connection. The update of the speed limit data set and the feature and algorithm/program updates are not done automatically, so the user will need to download a newer version of the app for those updates.
By installing this SmartTravel App, you give consent to the City to provide to you all future data updates to this app that are provided automatically. The City of Edmonton can be found online at www.edmonton.ca. You can withdraw your consent at any time by removing this app from your mobile device.
5. Your Responsibility
You assume all responsibility for obtaining access to the SmartTravel App, and that access may involve third-party fees (such as Internet service provider or airtime charges) for which you are solely responsible. By providing the SmartTravel App, the City makes no representations or warranties that any information or content provided to you through the SmartTravel App is accurate, complete, reliable, or error-free.
You may only use the software in the manner contemplated by the documentation. Purposes set out in Section 3.
You shall not decompile, disassemble, or reverse engineer the SmartTravel App by any means. No derivative use of the SmartTravel App or its contents or any use of data mining, robots, spiders, search/retrieval applications or similar data-gathering and extraction tools is permitted. You shall not provide, lease, lend, or otherwise use or allow others to use the SmartTravel App. You shall not modify the SmartTravel App, incorporate the app into or with other software, or create a derivative work of any part of the app. Any unauthorized use of the SmartTravel App automatically terminates the license granted by these Terms.
6. Limitation of Liability and Disclaimer of Warranties and Conditions
Your use of the SmartTravel App is solely at your own risk and you are fully responsible for any consequences arising from your use of the SmartTravel App. All content, information, and services provided to you through the SmartTravel App are provided on an “as is” basis and on an “as available” basis.
The City disclaims all warranties or conditions, express or implied, relating to the SmartTravel App or other products and services contemplated under this Agreement, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. The City does not assume responsibility for the content, quality, accuracy, or completeness of any information in the SmartTravel App. This app may include inaccuracies or errors and the information is provided without warranty or condition of any kind.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CITY IS NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
(i) YOUR USE OF, OR ACCESS TO, OR INABILITY TO USE OR ACCESS THE SMARTTRAVEL APP;
(ii) ANY CONDUCT OF ANY THIRD PARTY USING THE SMARTTRAVEL APP; INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
<iii> ANY INFORMATION, INCLUDING PERSONAL INFORMATION, OBTAINED BY A THIRD PARTY FROM YOUR USE OF THE SMARTTRAVEL APP;
(iv) YOUR FAILURE TO DISABLE THE LOCATION COLLECTION DATA FEATURE OR SET APPROPRIATE SETTINGS IN YOUR ELECTRONIC DEVICE OR SMARTPHONE.
YOU EXPRESSLY AGREE THAT THE CITY IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE SMARTTRAVEL APP AND THAT YOU BEAR THE SOLE RISK OF ACCESSING OR USING THE SMARTTRAVEL APP.
You agree to indemnify, defend and hold harmless the City and its officials, officers, employees and authorized representatives from and against any liability or any form of loss injury, demand, action, cost, expense or claim of any kind, (including lawyer’s fees), relating in any way to your use of the SmartTravel App, including, but not limited to, your connection to the SmartTravel App, your use of the SmartTravel App or any contents therein, or your use of a third party’s submissions to the SmartTravel App.
8. Copyright and Intellectual Property Rights
The SmartTravel App and all of its contents are protected by Canadian and International copyright and trademark laws and may not be used or reproduced without the express written consent of the City. Unauthorized use of the SmartTravel App or its contents may violate copyright, trademark and other laws. Copying, repackaging, redistributing or modifying the SmartTravel App, in whole or in part, in printed or electronic format, is strictly prohibited.
The City grants you a limited, non-exclusive, non-transferable licence to access and make personal use of the SmartTravel App for the non-commercial purposes of receiving alerts and notifications and accessing maps, as described out in Section 3 of these Terms. You are prohibited from modifying the SmartTravel App or its contents in any manner whatsoever.
If the City and the University provide any links or other direction to third party content or websites through the SmartTravel App, you agree that such content is provided solely as a convenience to you. Third party content or websites are independently developed by parties other than the City and the University and the City and the University assume no responsibility for the accuracy or appropriateness of the information contained in such content or websites. The inclusion of any link to another website or any other external content does not imply an endorsement by the City and the University should not be construed as an endorsement of that party or its product or services. If you decide to access such external links or websites, you do so entirely at your own risk.
10. Modification, Severability and Waiver
The City and the University reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SmartTravel App (or any part of it), with or without notice. You agree that the City and the University will not be liable to you or to any third party for any modification, suspension or discontinuation of the SmartTravel App (or any part of it).
Your use of the SmartTravel App is subject to these Terms, including any amendments. In the event any of the terms or conditions in these Terms should be determined to be invalid, void or for any reason unenforceable, that condition will be deemed to be severable and not affect the validity and enforceability of any remaining condition.
The City and the University’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11. Governing Law and Jurisdiction
These Terms and your use of the SmartTravel App are governed by the laws of the Province of Alberta. You agree to submit to the exclusive jurisdiction and venue of the courts located in Edmonton, Alberta. The United Nations Convention on Contracts for the International Sale of Goods does not apply.