Privacy Policy

I. PURPOSE

Motivate Company Toronto (“Motivate,” “Our,” or “We”) values your privacy. The purpose of this Privacy Policy is to disclose (i) the information that We may collect, (ii) the way We may use that information, and (iii) how We may disclose that information to others.
This Privacy Policy is hereby incorporated into: (a) Our Website Terms of Use Agreement (“Website Agreement”); (b) Our Bicycle Rental Agreement, Liability Waiver, and Release (whether entered into on Our website or at any of Our kiosks, (collectively, “User Agreement”)); and (c) all terms and conditions applicable to Our mobile application products (collectively, “Mobile App Agreements”). This Privacy Policy is also applicable to any information We may collect from you through Our customer service centers or programs (whether that information is provided telephonically, electronically, or by mail).
By agreeing to Our Website Agreement, Our User Agreement, or any of Our Mobile App Agreements, or by using any of Our services, or by providing MOTIVATE with any information about yourself, you accept and consent to this Privacy Policy. All capitalized terms used in this Privacy Policy but not otherwise defined are defined in the Website Agreement.

II. INFORMATION COLLECTION, USE, AND DISCLOSURE

Information We Collect: Most of the information that We collect is the information that you give to us through Our Website Agreement, User Agreement, Mobile App Agreements, customer service centers or programs, or otherwise (collectively, including, but not limited to, all personally identifiable information, “User Information”). We collect, receive, and may store User Information, and the Toronto Parking Authority have shared legal ownership rights with respect to all User Information.

Personally identifiable information that We may collect, receive, and store includes your full name, user name, phone number, email address, billing address, shipping address, date of birth, gender, credit card information (including the credit card number, expiration date, and the full name on the credit card), billing history, trip history, geographic and location information gained through the use of any of Our mobile device applications, and zip code. We also may collect other supplemental information from various third parties. For example, if you incur a debt to MOTIVATE, We may conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law; or, if the information you provide cannot be verified, We may ask you to send us additional information, such as your driver license, credit card statement, or utility bill, to confirm your address, or We may ask you to answer additional questions on Our website, via email, or through Our customer service centers or programs. You can always choose not to provide any User Information, but then you might not be able to take advantage of any of Our services.

Like most standard website servers, We use log files to collect Internet Protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, platform type, and date/time stamp. We may use that information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine the relevance of content. IP addresses also may be linked to User Information, to improve your experience while you are using Our website. Although, We have no obligation to do so, We also may retain any email, letter, or other correspondence from you, to ensure quality control.

How We Use Collected Information: We may use any User Information provided by you to serve you and to operate and maintain Our services. For example, We may use any User Information to respond to your requests, to customize your future use of Our website or services, to improve Our website and services, and to communicate with you. We do not use User Information that identifies you for any marketing purpose unless we have given you the choice to consent or withhold consent to such use at the time you provide your User Information, in which case we will honor your choice; but, We may use your User Information without your consent for non-marketing purposes.

When We May Disclose Information:

We may use third party companies to provide us with back-end support for Our services, including, but not limited to, data storage and processing, web hosting and credit card processing. We reserve the right to partner with any third party to provide those services, and We may share User Information to those third parties to allow them to provide those services. We also may exchange information with other companies and organizations for fraud protection and credit risk reduction. Some of Our affiliates and third party service providers are based in the United States. So, some or all of Your User Information may be stored or processed in the United States and, while such information is in the United States, it may be accessed by U.S. courts, law enforcement and national security authorities.

We may also disclose User Information that We believe is necessary or appropriate: (i) to enforce Our rights under the Website Agreement, User Agreement, Mobile App Agreements, or any other agreements; (ii) to investigate or defend against any allegation or claim against MOTIVATE or involving Our services; (iii) to assist governmental enforcement agencies or to respond to a subpoena in accordance with applicable law; (iv) to protect the property rights and safety of anyone (e.g., if you are in an accident and are unable to communicate personal information to the appropriate authorities, We may provide User Information to the authorities). We also may release User Information if required to do so by law or by agreement, or if in good faith it is necessary to comply with any law or agreement.

We will share User Information with Toronto Parking Authority, which will share ownership of User Information with MOTIVATE, and all User Information may be used by the Toronto Parking Authority in its sole discretion. The Toronto Parking Authority may or may not retain, share, store, or use the User Information for secondary purposes, and We are not responsible or liable for how the Toronto Parking Authority uses any User Information. We make no representation or warranty about the privacy or security policies of the Toronto Parking Authority.

We may also share User Information, in our discretion, to the extent that such information is not readily personally identifiable, including, without limitation, with researchers or the public, such as data challenges or other public disclosures of data that is not readily identifiable.

We may also disclose User Information as follows with respect to any Member who obtains any access to any of the Services through or in connection with Motivate’s Corporate Partner Program (“Corporate Account”). Each of those Members is called an “Associate,” and every entity that has entered into a contract with MOTIVATE for a Corporate Account is called a “Corporate Partner.” We may provide to Associate’s related Corporate Partner any or all of Associate’s User Information, including personally identifiable information that is held by MOTIVATE and pertains to Associate, including Associate’s name, address, phone number, and email address, but excluding Associate’s credit and debit card numbers and excluding any data disclosing Associate’s specific trips on any bicycle.

III. PLEDGE TO SECURITY

We take reasonable security precautions to protect User Information. When We ask users to enter sensitive information (such as a credit card number), that information is encrypted. If you have any question about the security on Our website or about Our services, you can send an email to customerservice@bikesharetoronto.com. Although We intend to use reasonable security safeguards to protect the security of User Information, WE HAVE LIMITED CONTROL AND WE CANNOT PROVIDE OR GUARANTEE COMPLETE SECURITY OF ANY USER INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY USER INFORMATION THAT IS PROVIDED TO THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, THE TORONTO PARKING AUTHORITY; THEREFORE, YOUR POSTING OR TRANSMITTING OF ANY USER INFORMATION IS DONE AT YOUR SOLE RISK. If there is a serious breach in the security of Our services, then We will attempt to contact you using some or all of the User Information you have provided to us, to allow you to take further steps that may be necessary to protect your information. We will also take steps to promptly notify the appropriate governmental agencies.

IV. LINKS TO OTHER SITES

Our website may contain links to other websites. Please be aware that We are not responsible for the privacy practices of any other website. We encourage Our users to be aware of when they leave Our website and to read the privacy policy of every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by MOTIVATE.

V. INTERNATIONAL USE

Our services are provided in Canada and are intended solely for the use of users in Canada; however, if you use and access the Website or services from outside of Canada, then be aware that Canadian laws apply to MOTIVATE, Our website, and Our services.

VI. POLICY REGARDING CHILDREN

We do not knowingly collect or maintain any information from any person under 16 years of age, and no part of Our services or Our website is communicated directly to any person under 16 years of age, except through the person's parent(s) or legal guardian(s). If We learn that User Information of any person under 16 years of age has been collected without parental or guardian consent, then We may take appropriate steps to delete that User Information. If you are under 16, you may use Our website only with the involvement of a parent or guardian.

VII. MERGER, SALE, BANKRUPTCY, OR OTHER EVENT

As We continue to develop Our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets. If We are acquired by, or merged with, any other entity, We reserve the right to assign or transfer any User Information that We have collected; and, for any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, your User Information might be transferred or disclosed to third parties.

VIII. UPDATES AND CHANGES TO PRIVACY POLICY

At any time and from time to time, We may unilaterally amend, modify, or change this Privacy Policy in Our sole discretion. Notice that this Privacy Policy is amended, modified or changed by MOTIVATE will be given to You by either: (i) a posting of a notice on the MOTIVATE website; OR (ii) an e-mail to you; OR (iii) by mail. By continuing to use Our website or any of Our services after any amendment, modification, or change notice was provided, you have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully check the MOTIVATE website and provided e-mail address on a regular basis to maintain awareness of all amendments, modifications, and changes to the Privacy Policy. If you choose to visit Our website, your visit and any dispute over privacy is subject to this Privacy Policy, the Website Agreements, User Agreements, and the Mobile App Agreements.

IX. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS OF THIS PRIVACY POLICY AND THE WEBSITE AGREEMENT, USER AGREEMENT, AND MOBILE APP AGREEMENTS, INCLUDING, BUT NOT LIMITED TO, LIMITATIONS ON DAMAGES AND MANDATORY MEDIATION OF DISPUTES. YOU AGREE THAT OUR LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY IS LIMITED TO THE SUM OF $100, BUT ONLY TO THE EXTENT THAT SUCH CLAIM IS NOT OTHERWISE BARRED BY THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

X. CONTACT US

For more information or if you have questions or concerns regarding Our Privacy Policy, please contact us at the address, telephone number, or email address below:

Motivate
5202 3rd Avenue
Brooklyn, NY 11220

CANADA
1-855-898-2378
customerservice@bikesharetoronto.com